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HomeMy WebLinkAbout11/28/2006PLANNIING FILE Copy AGENDA November 7:00 South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Steve Nelson Vice Chairman Tony Torng Commissioner Kwang Ho Lee Commissioner Kathleen Nolan Commissioner Osman Wei Copies of staff reports or other written documentationrelating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 Copley Drive, and are available for public inspection. ,if you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. in an effort to comply with the requirements of Title if of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Department of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. D�o�n B� ill4 f refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled paper and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES. PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or moreagendaitems and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons, who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input.to.five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department, Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: infop_ci.diamond-bar ca us Next Resolution No. 2006-49 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, November 28, 2006 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Tony Torng, Kwang Ho Lee, Kathleen Nolan, 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: November 14, 2006, 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING(S): 7.1 Vesting Tentative Tract Map No 54081 Zone Change No. 2006-02IPIanned Develo ment Miti ated Ne ative 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-l0t 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 NOVEMBER 28, 2006 PAGE 2 PLANNING COMMISSION 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. (Continued from October 10, 2006) Project Address: The proposed project site is located at the southern terminus of Crooked Creek Dr. in the City of Diamond Bar. 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. 7.2 South Pointe West Residential Develo went and Public Park (Continued from November 14, 2006) Project Address: The proposed project site is located south of Larkstone Dr., east of Morning Sun Ave., west of Brea Canyon Rd., and northwest of Peaceful Hills Rd. NOVEMBER 28, 2006 PAGE 3 PLANNING COMMISSION Property Owner! South Pointe West, LLC Applicant: 2632 W. 237th St. Ste 201 Torrance, CA 90505 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), the City prepared Environmental Impact Report (EIR) for this project and in accordance to CEQA Guidelines Section 15105, the public review period for the EIR (SCH #2005111118) began August 25, 2006, and ended October 9, 2006, A. Environmental Impact Report No. 2005-05 — In accordance to CEQA guidelines, the applicant requests the Planning Commission to consider a recommendation to City Council to certify the EIR for South Pointe West project consisting of 99 single family units, open space areas and a neighborhood park. The EIR covers the project site of approximately 31.28 acres, off-site neighborhood park site of approximately 3.24 acres, and a stockpile site of approximately 7.45 acres to be used a potential. depository for excess earth material from the tract map area. Recommendation: Staff recommends that the Planning Commission recommend the City Council to certify the Environmental Impact Report- EIR No. 2005-01 and State Clearance House No. 2005111118 complete and adequate and in compliance with CEQA. B. General Plan Amendment No 2005-01 Specific Plan No. 2005-01, Vesting Tentative Tract No. 063623 Conditional Use Permit No. 2005-01, Development Review No 2005-27 Development Agreement No. 2005-01, Zone Chan a No. 2006-03 and Tree Permit No 2005-06 In accordance to provisions of the Diamond Bar Municipal Code, the applicant requests the Planning Commission to consider a recommendation to' City Council its approval of the South Pointe West project consisting of 99 single family units, open space areas and a neighborhood park. Recommendation: Staff recommends that the Planning Commission recommend the City Council the following: Certify the Environmental Impact Report-EIR No. 2005 -01 -and State Clearance House No. 2005111118 complete and adequate and in compliance with CEQA Adopt the EIR Findings of Fact and Statement of Overriding Consideration NOVEMBER 28, 2006 8. PAGE 4 PLANNING COMMISSION • Approve the General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 • Approve Development Agreement No. 2005-01 • Approve Specific Plan No. 2005-01 and Vesting Tentative Tract No. 063623 • Approve Conditional Use Permit No. 2005-05, Development Review No. 2005-07 and Tree Permit No. 2005-06 PUBLIC HEARING(S): 8.1 Conditional Use Permit No. 2006-01/Development Review. No 2006-01 — In accordance to Development' Code Sections 22.58, 22.48, and 22.42 --these new applications update and replace the previous Conditional Use Permit No. 1997-02 and Development Review No. 1997-06; change the vendor information; modify the lease area; add additional antenna on the existing park light pole behind the existing ones; and modify the equipment area to an enclosed building to match existing park facilities. Project Address: Peterson Park, 24142 E. Sylvan Glen Road Property Owner: City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 Applicant: Mr. John Talbot and Mr. J -Daniel Fox New Cingular Wireless PCS, LLC C/O Wireless Development Resources, LLC, P.O. Box 8823 Newport Beach, CA 92660 and Ryan Wells MMI Titan 12900 -6th Floor, Park Plaza Drive Cerritos, CA 90703 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-01/Development Review No. 2006-01, Findings of Fact, and conditions of approval as listed within the draft resolution. NOVEMBER 28, 2006 PAGE 5 PLANNING COMMISSION 8.2 Conditional use rermit �d�. ����-�� ��-�••- •• --•- - -- Conceptual Sian Plan No 2006-01 & Mitigated Negative Declaration - In accordance with Chapter 21 of the Diamond Bar Development Code, the applicant has requested approval of the following: Demolition of an existing service station building and canopy and removal of the existing underground gas pumps and pavement, and construction of an approximately 2945 -square -foot convenience store, attached 843 - square -foot self-service carwash, 2750 -square -foot canopy, and five pump islands. Project Address: Chevron, 150 S. Diamond Bar Blvd. Property Owner: Chevron Products Co., John Amabile Applicant: 145 S. State College Blvd., Suite 400, Brea, CA 92822 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15070, a Mitigated Negative Declaration was prepared for, the project finding that the project with the implementation of mitigation measures will not have a significant negative impact on the environment. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2006-07, Development Review No. 2006-05, Conceptual Sign Plan No. 2006-05 & Mitigated Negative Declaration, Findings of Fact, and conditions of approval as listed within the draft resolution. $.3 Ne ative ueciaranvn ivv. ����-�-� ���•�•-•-- —--- Develo ment Review No. 2005-36 Minor Variance No. 2006-05 and Comprehensive Sign Program No. 2006-06 -ln accordance to Development Code Sections, 22.58, 22.48, 22.52 and 22.36, the proposed project is a request to remodel and enlarge an existing service station as follows: Demolish one existing service bay; expand the existing convenience mart to 1,700 square feet which incorporates the two remaining service bays; add a 720 square foot drive-thru carwash; and upgrade the exterior design of structures on-site. The following application approvals are required for the following reasons: Conditional Use Permit to allow the drive-thru carwash; Development Review to change the exterior design of structures; Minor Variance to allow a two percent reduction in the required 15 percent landscaping; and Comprehensive ign chi d monument signs are architecturally Program to ensure proposed wall an g integrated. Project Address: Shell, 206 S. Diamond Bar Blvd. NOVEMBER 28, 2006 PAGE 6 PLANNING COMMISSION Property Owner: Sam Anabi, Anabi Oil Corporation 1224 San Dimas Canyon Rd. San Dimas, CA 91773 Applicant: Western States Engineering, Inc. 4887 E. La Palma, Suite 707 Anaheim, CA 92807 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared an Initial Study and Negative Declaration for this project. In accordance to CEQA Section 15105, the public review period for the Negative Declaration begin November 6, 2006, and ends November 25, 2006. The Planning Commission will consider whether to adopt the Negative Declaration on November 28, 2006. Recommendation: Staff recommends that the Planning Commission approve Negative Declaration No. 2006-04, Conditional Use Permit No. 2005-07, Development Review No. 2005-36, Minor Variance No. 2006-05 and Comprehensive Sign Program No. 2006-06, Findings of Fact, and conditions of approval as listed within the draft resolution. 9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 10. STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects 11. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING Tuesday, December 5, 2006 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Tuesday, December 12, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, January 11, 2007 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive NOVEMBER 28, 2006 PARKS AND RECREATION COMMISSION MEETING: 12. ADJOURNMENT: PAGE 7 PLANNING COMMISSION Thursday, January 25, 2007 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive MINUTES OF THE CITY -OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 14, 2006 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman Wei, Vice Chairman Tony Torng and Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; David Alvarez, Planning Technician; Gregg Kovacevich, Assistant City Attorney, Sandra Campbell, Contract Senior Planner; Peter Lewandowski, City Environmental Consultant and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 3 APPROVAL OF AGENDA: As Presented. 4 CONSENT CALENDAR: 4.1 Minutes of the Workshop of October 24, 2006. VC/Torng moved, C/Nolan seconded to approve the Minutes of October 24, 2006, Workshop as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Nolan, Wei NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS:. Lee, Chair/Nelson ABSENT: COMMISSIONERS: None 4.2 Minutes of the Regular. Meeting of October 24, 2006. C/Lee moved, C/Wei seconded to approve the Minutes of the October 24, 2006, regular Meeting as presented. Motion carried by the following Roll Call vote. NOVEMBER 14, 2006 AYES: NOES: ABSENT: 5. OLD BUSINESS: 6 7 NEW BUSINESS: PAGE 2 PLANNING COMMISSION COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None PUBLIC HEARINGS: Lee, Wei, Nolan, VC/Torng, Chair/Nelson None None 7.1 Development Review No. 2006-35 — In accordance with Development Code Sections 22.48, 22.56 and 22.68, this was a request to add 1,920 square feet to an existing 1,305 square foot Single Family Residence on an existing. 7,118 square foot lot designated R-1 10,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low Density Residential (RL). PROJECT ADDRESS: 693 Armitos Place Diamond Bar, CA 91765 PROPERTY OWNER: Michael and. Christine Kupke 693 Armitos Place Diamond Bar, CA 91765 APPLICANT: Andresen Architecture, Inc. 17087 Orange Way Fontana, CA 92335 PT/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2006-18, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nelson opened the public hearing. With no one present who wished to speak on this item, Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded, to approve Conditional Use Permit No. 2006-18, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll'Call vote: nA NOVEMBER 14, 2006 PAGE 3 PLANNING. COMMISSION AYES: COMMISSIONERS: Lee, Nolan, Wei, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Conditional Use Permit No. 2006-18 - In accordance with Development Code Sections 22.58 and 22.42, this was a request to operate a Music Studio within a leased space of 1,040 square feet in an existing Country Hills Towne Center zoned C-2 (Community Commercial). PROJECT ADDRESS: 2775-A Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Country Hills DB, LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: Ara Cho 22556 Birds Eye Drive Diamond Bar, CA 91765 PT/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2006-18, Findings of Fact, and conditions. of approval as listed within the resolution. VC/Torng cautioned the applicant about protecting the safety of the children during construction at the center. Chair/Nelson opened the public hearing. Michael Kim, applicant's representative, said he and the applicant reviewed staffs report and concurred with the conditions of approval. Chair/Nelson closed the public hearing. CDD/Fong responded to VC/Torng that staff would closely monitor parking issues as the shopping center developed C/Nolan moved, C/Lee seconded, to approve Conditional Use. Permit No. 2006-18, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: ME no A NOVEMBER 14, 2006 PAGE 4 PLANNING COMMISSION AYES: COMMISSIONERS: Nolan, Lee, Wei, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Conditional Use Permit No. 2005-08 Development Review No 2005-40 and Variance No. 2006-03 - In accordance with Development Code Sections, 22.58, 22.48, 22.54 and 22.42, the applications were a request to install a telecommunications facility for one carrier. The antenna will be attached to a faux elm tree commonly referred to as a "monoelm." A building was proposed to house equipment needed to operate the cell site. A Conditional Use Permit approval was required to operate the cell site; the Development Review was a design/architectural review, and a Variance approval was required because the monoelm was 45 feet tall exceeding the maximum 35 foot allowed height for a structure. PROJECT ADDRESS: Diamond Bar Center/Summitridge Park 1600 Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER: City of Diamond bar 21825 Copley Drive Diamond Bar, CA 91765 APPLICANT: Verizon 15505 Sand Canyon Road Irvine, CA 92618 and Cindy Leinart for Infra Next, Inc. 2200 W. Orangewood Avenue, Suite 225 Orange, CA 92868 7.4 Conditional Use Permit No. 2006-03 Development Review No 2006 16 and Variance No. 2006-05 — In accordance with Development Code Sections 22.48, 22.48, 22.54 and 22.42, these applications were a request to install a telecommunications facility co -locating two carriers. The antennae will be attached to a fax elm tree commonly referred to as a "monoelm." A building was proposed to house equipment needed to operate the cell site. A conditional. Use Permit approval was required to operate a cell site; the Development Review, was a design/architectural review, and a Variance approval was required because the monoelm was 45 feet tall exceeding the 35 foot allowed height for structure. NOVEMBER 14, 2006 PAGE 5 PLANNING COMMISSION PROJECT ADDRESS: Diamond Bar Center/Summitridge Park 1600 Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 APPLICANT: Lior Avraham for Nextel 310 Commerce Drive, Suite 100 Irvine, CA 90033 and Omnipoint Communications, Inc. for T-Mobile/Nextel 3 imperial Promenade, Suite 1100 Santa Ana, CA 92707 AssocP/Lungu presented staff's report for Items 7.3 and 7.4 and recommended Planning Commission approval of Conditional Use Permit No. 2005-08, Development Review No. 2005-40 and Variance No. 2006-03, Findings of Fact, and conditions of approval as listed within the resolution; as well as, Planning Commission approval of Conditional Use Permit No. 2006-03, Development Review No. 2006-16 and Variance No. 2006-05, Findings of Fact; and conditions of approval as listed within the resolution. Chair/Nelson asked if staff .or the applicant had considered placing the towers on the Diamond Bar Center building. CDD/Fong responded that even though the Diamond Bar Center may have provided better coverage according to the applicants, the Summitridge Park location was the preferred location because the City did not want to adversely affect the design and exterior of the Diamond Bar Center building. Chair/Nelson opened the public hearing for Items 7.3 and 7.4. Adan Madrid, representing Sprint/Nextel, said the application before the Commission this evening represented over a year's worth of negotiations between staff and the applicants to arrive at a design acceptable to the City. It is difficult to provide service in this area because of the significant amount of topographic relief, the mature trees and lack of uses that are not residential. The selected. location is the only alternative available to the applicants because it is a non-residential land use and is strategically located ®� .�s ,fT NOVEMBER 14, 2006 PAGE 6 PLANNING COMMISSION with respect to the topography, He responded to C/Wei's question about coverage area by displaying a map and pointing out the coverage areas indicating the blue and red areas offered the best coverage. The black areas offered no service. The most significant map showed current service and coverage that would be accomplished through installation of the subject site. He stated that his firm read staffs report and was in full agreement with the conditions outlined in the resolution. C/Nolan asked if the new tree growth in the park would potentially present a future problem for service. Mr. Madrid responded that when the site was considered that potential problem was taken into consideration. The monoelMs are located in such a way that the antennae are pointed between trees or away from trees and would not hinder the functionality of the site. David Takeda, 1302 Summitridge Drive, said he lives directly across from the park and asked if the two buildings were proposed to be at Summitridge Drive level. He and his neighbors are in favor of having cell phone service at their homes but were somewhat concerned about the look and location of the buildings. AssocP/Lungu pointed out that the buildings would be located on the City's grassy area about 25 feet back from the sidewalk. Mr. Madrid showed a photo simulation illustrating the location and design of the shelters. Due to the proximity of the buildings to the residential neighborhood, staff required that the applicant use building materials to match the Diamond Bar Center for the shelters. AssocP/Lungu stated the height of the shelters was proposed to be 13 feet. Mr. Madrid further stated that staff required the structures to be landscaped to soften their impact. Gurpreet Naipaul, 24249 Springwood Drive, asked if there were any health implications with respect to the amount of energy being emitted from the site. ACA/Kovacevich responded that the federal government pre-empts regulation and the health effects may not be considered when rendering a decision. Mr. Madrid referred the Commission to Section 704 of the Telecommunications Act precluding the decision from being made based on perceived health risks. Nevertheless, his firm takes residents' concerns seriously.and understands that unknowns generate fear. Sprint/Nextel and other carriers have an obligation to comply with the strict standards established by the FCC, standards established by a conglomerate of public and private agencies. In addition, the proposed sites are well below the safety standards. Individuals interested in obtaining non-partisan information can log on to the FCC website www.FCC.aov.com. NOVEMBER 14, 2006 PAGE 7 PLANNING COMMISSION Chair/Nelson thanked the applicants for providing the photo simulations, an invaluable tool in the decision-making process. He also thanked the applicants for bringing in the sample. He said he was optimistically skeptical about the proposal because there are hideous examples of attempts to hide cell sites. He acknowledged that the St. Denis site was an example of how well a cell site should disappear into its surroundings with the use of the Italian Cyprus that tied into the Italian Cypress already existing at the location. He asked the applicant if monooaks were available. Mr. Madrid responded that there were many good and bad examples of trees. He said he had never seen a monooak. However, one of his colleagues was aware of a manufacturer that produced monooaks. There are objectives for getting a good product for this and future tree sites and one jurisdiction that do a very thorough review of its products is Yorba Linda. Yorba Linda requires that applicants provide the city with a cross-section of the trees at two and one-half foot levels at the time of application. If the Planning Commission were inclined to proceed with this type of design his firm would be willing to take the extra step to have the pole manufacturers provide very detailed drawings. Chair/Nelson said he would appreciate the applicant's best effort and trusted staff to make the final decision for the type of monopole and landscaping to mitigate the site. Mr. Madrid said the applicant would also offer trees with the highest branch density — 2.6 branches per linear whirl. Chair/Nelson closed the public hearing. Chair/Nelsori moved, C/Wei seconded to reopen the public hearing. Without objection, the motion was so ordered. Chair/Nelson reopened the public hearing. Chaing Chen, 24223 Softwind Drive, felt the project might adversely affect the value of the homes in the immediate area due to perceived health problems. Mr. Madrid responded that cell site owners have commissioned property valuation studies to address concerns regarding cell sites. Because there are so many more dominant market determining factors that eclipse this type of issue it was found that cell sites had virtually no bearing on property values. Chair/Nelson closed the public hearing. VC/Torng moved, C/Nolan seconded to .approve Conditional Use Permit No. 2005-08, Development Review No. 2005-40 and Variance No. 2006-03; and, Conditional Use Permit No. 2006-03, Development Review No. 2006-16 x NOVEMBER 14, 2006 , PAGE 8 PLANNING COMMISSION and Variance No. 2006-05, including amended conditions regarding the monopoles. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Nolan, Lee, Wei, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.5 Development Review No 2006-34— In accordance with Development Code Section 22.48, the applicant requested approval of plans to construct a new three-story 7,420 square foot single-family residence. The site is a prepared vacant lot and the subject property is zoned R-1 (20,000) and contains 41,800 square feet of land area. PROJECT ADDRESS: 3028 Windmill Drive Diamond Bar, CA 91765 PROPERTY OWNER/ Young Pil Kim APPLICANT: 1010 Marc Court Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2006-34, Findings of Fact and conditions of approval as listed within the resolution. Daniel Descanio, architect, responded to C/Lee that the landscape plans were conceptual and the civil grading plans were more precise with respect to the height of the walls on the property. The Section AA wall is proposed to be five feet high and the Section CC wall is proposed to be three feet high. C/Wei asked that the record in its entirety indicate that the proposed home is located in "The Windmill Homeowners Association rather than "The Country Estates Homeowners Association." Chair/Nelson opened the public hearing. With no one present who wished to speak on this item, Chair/Nelson closed the public hearing. C/Lee moved, C[Wel seconded, to approve Development Review No. 2006-34, Findings of Fact and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: NOVEMBER 14, 2006 AYES NOES: ABSENT: PAGE 9 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: M PLANNING COMMISSION Lee, Wei, Nolan, VC/Torng, Chair/Nelson None None RECESS: ChairlNelson recused himself from deliberating on Item 7.6, declared a recess at 7:26 p.m. and left the dais. RECONVENE: VC/T.orng reconvened the Planning Commission meeting at 8:16 p.m. 7.6 South Pointe West Residential Development and Public Park PROJECT ADDRESS; PROPERTY OWNER] APPLICANT: South of Larkstone Drive, East of Morning Sun Avenue, West of Brea Canyon Road and, Northwest of Peaceful Hills Road South Pointe West, LLC 2632 W. 237th Street, Suite 201 Torrance, CA 90505 A. 'Env! onmental Impact Report No. 2005-03 — In accordance with CE QA guidelines, the applicant requested the Planning Commission to consider a recommendation to the City Council for certification of the EIR for the South Pointe West project consisting of 99 single family units, open space areas anda neighborhood park. The EIR covers the project site of approximately 31., 28 acres, off-site neighborhood park site of approximately 3.24 acres, and a stockpile site of approximately 7.45 acres to be used as a potential depository for excess earth material from the tract map area. Staff recommends that the Planning Commission hold a Public Hearing to consider the draft EIR. B. General Plan Amendment No 2005-01 Specific Plan No. 2005-01, Vesting Tentative Tract No. 063623 Conditional use Permit No. 2005-01 Development Review No 2005-27. Development A reement No. 2005-01 Zone Chan a No. 2006-03 and Tree Permit No. 2005-06 — In accordance with provisions of the Diamond Bar Municipal Code, the applicant requested the Planning NOVEMBER 14, 2006 PAGE 10 PLANNING COMMISSION Commission to consider a recommendation for City Council approval of the South Pointe West project consisting of 99 single family units, open space areas and a neighborhood park. Staff recommends that the Planning Commission hold a Public Hearing to consider the proposed project. CDD/Fong presented a review of the EIR and power point presentation of the proposed project. Staffs recommendation is to open the Public Hearing, receive public testimony and continue the Public Hearing. ACA/Kovacevich explained that there was additional documentation required on the EIR and that the Planning Commission should open the Public Hearing to allow interested residents to speak and continue the Public Hearing with no Planning Commission deliberation. Residents were informed that more information would be added to the public record and concerned individuals would be invited to attend the next Planning Commission meeting to provide testimony or submit their concerns and questions in written form. In the meantime, residents may contact CDD/Fong or CSP/Campbell to review documents. C/Wei disclosed that on October 27 he visited similar project sites with the applicant and staff. He learned nothing more than has been included in the packet. C/Nolan said that on Monday she visited similar projects at two sites with JCC and staff. At that time she learned nothing new that was not previously disclosed in the public information. VC/Torng stated that he visited the same two sites on November 10 with JCC and staff and learned nothing new that was not disclosed in the public information. VC/Torng opened the public hearing. Kurt Nelson, applicant, stated that because this process would not conclude this evening he would show a few visual aids to better help residents understand the proposed project and respond to Commissioner's and speaker's concerns. NOVEMBER '14, 2006 PAGE 11 PLANNING COMMISSION John Coursen, 1719 Chapel Hill Drive, thanked staff for their very courteous and responsive assistance. He said he understood that this was a very complex project and also understood that the EIR was incomplete with respect to items that could adversely affect the surrounding areas such as the influx of many more residents and the dense cluster of residences near Morning Sun as well as, the concern about the safety of pedestrian traffic at and near the access point. In addition, traffic leaving Morning Sun will cross two golf -crossing areas on Lake Canyon Drive. Residents are very concerned about what appears to be an incomplete study of the increased traffic. He emphasized that the proposed project was quite different than what had previously been studied for the area with a cluster of homes weighted toward the Morning Sun access area to Colima Road. James Osowski, 20551 Summertown Street, agreed with statements made by Mr. Coursen. It is typical of the area that there are no sidewalks and he was concerned about the safety,of the children. The concentration of children, golf cart traffic, etc., as mentioned by Mr. Coursen are his concerns as well. He said he was also concerned about the wildlife in the area. Barbara Beach-Courchesne, 2021 Peaceful Hills Road, said she was even more concerned after hearing the applicant's presentation. The members of the Pathfinder Homeowners Association paid a premium for their land as a result of the designated open space and they were assured the designation was permanent. For the past 18 of the 23 years she has lived in Diamond Bar the City has led a consistent relentless effort to remove that designation which she strongly opposes. Four lots of the proposed project are in the Pathfinder Community Association and her understanding was that the project would not conform to the association's CC&R's. Does the applicant know that the Walnut Unified School District is required to mitigate any slippage on the Pathfinder community property, a requirement that would fall to the applicant with property ownership? The area is affected by several faults and she felt that building would tend to adversely affect the land stability to an even greater extent. Far more significant is the threat of fire to the area and potential for loss of wildlife and pets. She expressed concerns about noise and aesthetics and the issue of the entire project and its potential related problems. NOVEMBER 14, 2006 PAGE 12 PLANNING COMMISSION Gail Esfahaniha, 1720 Morning Sun, said that her neighbors who spoke before her expressed her concerns as well. She added that she was very concerned about the potential for landslide because she almost lost her home during the last landslide. She believed that had there been homes on the hillside as those that are being proposed for this project they would have fallen down on her home. The applicant is correct that the. City of Diamond Bar is very desirable and it is very desirable because of the way the homes are currently situated and such a dense project would, in her opinion, be better suited for San Francisco or other beach front properties, not the City of Diamond Bar. She also shared the concern about the increased vehicle traffic coming down Morning Sun and the safety concerns about the pedestrian traffic. She pleaded with the Commission to consider not approving this project because she was very afraid to have homes on the hillside above her house. She wanted to know who would be responsible and liable for future landslides were this project to be approved by the City with these concerns on the record. She said she was also concerned about the structures not matching the style of the homes in the area. Luis Ortiz, 1469 Fairlance Drive said he was drawn to the area for its good schools. After moving to the area he learned about the landslide and was very concerned about his property that lies in the open space of the proposed project. He said he was very concerned about the density of the project, the heavy rain downfall and potential future landslides. He knew that something had to be done because even if the property were not developed the problem would not go away. He did. not agree with extra vehicles coming into the area because of the potential safety hazard for children. He stated that after the big earthquake in San Francisco builders decided to build houses closer together to reinforce the soil. He thanked the applicant for having the vision to do something about the area and whether or not the City was willing to approve the project, someone was willing to step. up to the plate and take action for which they should be commended. However, he was not in favor of people in a gated community traveling into the neighboring streets. If this plan moves forward the park should be built for everyone and not segregated for us by people in the gated community. VC/Torng said the park would be for public use. Mr. Ortiz said he applauded the applicant for moving forward because he believed that once the homes and park were built the soil would be much more stable. EDRAFT NOVEMBER 14, 2006 PAGE 13 PLANNING COMMISSION Ron Beacham, 1565 Black Hawk Drive, said he was concerned about the Larkstone outlet. Black Hawk is currently a cul-de-sac and with this project there will be a lot. more traffic in his area. Norman Beach-Courchesne said he was retired from the City of Anaheim for 31 years. In Anaheim Hills places were extensively landscaped and that in places the city replaced gutter, sidewalk and major portions of the streets about every three months. He said that when heavy buildings are built on unstable land the land would slip even faster. The plans for Morning Star will add a lot of extra weight to an already unstable land and there would be a lot more slippage and damage. The streets in unincorporated Los Angeles County leading to Morning Star are crooked and narrow, and it takes the fire station on Pathfinder almost twice as long to get from Colima to Morning Star as it takes them to get to Colima. When the school was built it was supposed to include a turnaround that would go back out to Brea Canyon Road: Traffic at Brea Canyon Road and Pathfinder at the entrance to the school creates a traffic jam in the morning and afternoon on school days. This project will extend that traffic into Morning Star and other parts of Diamond Bar and create a major catastrophe. And if there is another fire with new homes in the area it will create another catastrophe in his opinion. Michael Thomas, 20521 Shepherd Hills Road, commented that although the park is proposed to be a public park it is on the east side of the development. Since it is a gated community it appears that residents on Morning Sun would not have access without going out to Colima Road and around to the park entrance. CDD/Fong said that Mr. Thomas'was correct in his assumption. Kurt Nelson said he appreciated the concerns and would address the issues in more detail at the next meeting. He said that no one was more aware of the geotechnical condition of the property than the applicant and he believed they had not had a project more thoroughly studied. The Morning Sun slide was never properly remedied. Over a year ago he attended a meeting of concerned residents along Morning Sun at a private home. He said he believed that the buckling of the street probably would not have occurred had there not been 38 inches of rainfall. The point is, however, that any competent developer would consider that potential and remove and re -compact the 18 to 20 feet of unstable material. The applicant will not build homes until the ground has a. substantial factor of safety that would NOVEMBER 14, 2006 PAGE 14 PLANNING COMMISSION allow the developers to sleep at night. Who is liable? The builder is liable. It is completely understandable that the residents who live in the area are concerned about the potential for earth movement and landslides. He said that if residences were built on land above or below other residences current code dictates that the affected residents would be a lot safer. Frankly, the applicant intends to make the area safer than it has ever been so that it will never slide again. Residential development is the only area that offers potential for money to properly mitigate such areas. He urged individuals to read the traffic report because there were other avenues of egress. Every residential neighborhood has children present. This project impacts on traffic nominally at best and the fair share contributions the project will make toward badly needed traffic improvements will improve the situation most notably. Traffic created through residential developments is minimal when compared to regional traffic concerns. However, it is. the residential development that puts forth the money for traffic improvements needed to solve problems not of their making. There are animals on the site and the biological study indicates that they move around the area. If there are Mountain Lions present, which he doubts, residents should be very glad that the area is going to be cleared and the Mountain Lions will go away. There is no regional corridor movement through the site. The homes will not increase the fire hazard. If anything, the area will be rendered safer from fire danger. The economic reality of the site is that if a developer were going to develop the area in the conventional single-family 5,000 — 6,000 square foot minimum manner there would be more grading and no contour grading and no sense of affordability. He believed that Diamond Bar was not just for people who could afford $2-$3 million homes. He said he did not agree that the project looked like it belonged in San Francisco nor does it look like an old single -story ranch style home. Unless the days of cheap land return those days are gone. However, the project offers a very attractive neighborhood that will create 18 -acres of residual open space that would be beautifully landscaped. He thanked all of the speakers for their opinions and hoped that in two weeks he could satisfactorily answer the remaining questions and concerns. CDD/Fong said that staff would prepare to address speaker's comments in the next staff report. C/Nolan asked staff to address the Morning Sun traffic concerns and provide more clarification on the Open Space restriction issue. NOVEMBER 14, 2006 PAGE 15 PLANNING COMMISSION VC/Torng reiterated his previous concerns: Support the data contained in the Traffic Study; address the number of parking spaces; CC&R's; number of bedrooms in relationship to the number of vehicles and whether it would result in too many vehicles parked on the street; safety of pedestrians because of only one sidewalk; view from Morning Sun including the 18 foot retaining wall; whether or not the 20 foot retaining wall could be reduced; provide artist's rendering (done); tree mitigation; re -design of front entrance. VC/Torng said he felt that after viewing other similar properties it was a good design and that the architect was doing his best to create the best design. He felt that if the project were to be built the developer would have to understand the traffic impact fees, park fees and developer impact fees. He did not hear from developer whether he was in agreement with these items. CDD/Fong said that this project was still in the negotiation stage. VC/Torng said that if the City really has to have this project the development fees would be important to the community. C/Nolan moved, CILee seconded, to continue the Open Public Hearing to November 28, 2006, at 7:00 p.m. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Wei, VC/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Nelson ABSENT: COMMISSIONERS. None ACA/Kovacevich stated there would be no further written public notification regarding this matter and that speakers were invited to return for the November 28 Continued Public Hearing and/or submit their questions/concerns in writing. 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng said he appreciated the opportunity to serve as acting Chair during tonight's meeting and indicated he would not be present for the November 28 meeting. He thanked staff for providing prompt responses to his questions and concerns. "BRAFT NOVEMBER 14, 2006 PAGE 16 PLANNING COMMISSION 9. STAFF COMMENTSIINFORMATIONAL ITEMS. 9.1 Public Hearing dates for future projects CDD/Fong stated that . Commissioners were encouraged to attend the Economic Outlook Breakfast on Friday, November 17. Commissioners who wish to attend should call SAA/Marquez for reservations. Two important projects are slated for consideration on November 28 — the South Pointe West project and the Daniel Singh project along with other public hearing items. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Torng adjourned the regular meeting at 10:00 p.m. Attest: Respectfully Submitted, Nancy Fong Community Development Director Steve Nelson, Chairman Tony Torng, Acting Chairman DIAMOND SARA PLANNING M AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 -TEL. (909) B39-7030 -FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASEXILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER I APPLICANT: 7.1— Public hearing continued from October 10, 2006 November 28, 2006 1. Mitigated Negative Declaration No. 2006-03 2. 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 48714-028-003) 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. Mr. Daniel Singh Jewel Ridge, LLC 10365 W. Jefferson Boulevard Culver City, CA 90232 STAFF RECOMMENDATION: Staff recommends the Planning Commission: Open the continued public hearing; receive comments on the project; close the public hearing and begin deliberations on VTTM No. 54081 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. VTTM 54081 VTTM No. 54081 was presented to the Planning Commission at a public hearing on October 10, 2006. The Commission continued the public hearing to November 28, 2006 to give the applicant time to address the Commission's concern. ANALYSIS: At the October 10, 2006 public hearing for this project, the Planning, Commission directed the applicant to address the following concerns. The height of three 10 foot high retaining walls adjacent to the proposed pedestrian trail easement located on the east side of Street "A". According to the applicant's preliminary landscape plan, the three retaining walls have been reduced in height and are proposed at an exposed height of five feet each. 2. Provide an artist's renderings before and after the project's construction from the SR 57 freeway. Artist's renderings were not provided. The applicant provided photographic views from 13 locations along the SR 57 freeway to the project site. The views show that the project site can not be seen from the SR 57 freeway. Staff believes that photographs taken from a different lane of the freeway, with the development of the site started and/or completed, the disturbance of the hillside and portions of the homes would be visible. As a result, staff believes that the Commission's concern regarding the view from the freeway is not adequately addressed. 3. Provide artist's renderings from the backyards of residents affected by the project. Show progression at five and ten year intervals. The applicant provided a photograph of the existing backyard view at ground level from Lot 82 located on Crooked Creek Drive to the project site. Artist's renderings have also been provided of this view at five and 10 year intervals and section renderings showing the views from Lots 80 and 82. The renderings indicate that the view from the backyards of the homes on Crooked Creek Drive will change substantially. However, with the maturity of the plant materials used to buffer the retaining walls, the walls could effectively be screened and the view softened. But, the applicant did not consider the view from the second floor of the existing homes which would certainly be different from the view at ground level. The retaining walls and new home viewed from the second floor would be more obtrusive. Staff believes that the view concern is not adequately addressed. 4. Provide documentation that the,oak and walnut trees removed by this project's development will be mitigated to less than significant. VTTM 54081 The applicant provided a preliminary landscape plan that shows on-site mitigation as follows: a. The removal of 43 oak trees and their replacement at a 3:1 ratio for a total of 129 replacement oak trees: es and their replacement ata 3:1 ratio for a b. The removal of 29 walnut tre total of 87 replacement walnut trees: and trees c that bee replaced at ae1 1nrato7foreadtotaor � f� 97ng awalnutk and Onehundrd and replacement trees. The total tree replacement is 413 trees. A fuel modification plans was also submitted by the applicant. This plan will be provided to the Fire Department for review prior to final map app 5. Provide a landscape plan that uses vegetation that is indigenous to the area, looks like the surrounding area and functions as an extension of the hillside. The preliminary landscape plan uses planting patterns that occur in nature. Several of plant species are native to southern California. Additionally, proposed vines are located between proposed lots and existing homes on Crooked Creek Drive or on lots adjacent to the flood control channel. Vines are also located next to the project site's south property line and natural open space area. These vines need to be deleted from the plan and replaced with a species that is appropriate next to a natural open space area. The City's environmental consultant, Environmental. Impact Sciences who prepared the Mitigated Negative Declaration, has reviewed the plans and finds that from a CEQA perspective, the plans do not introduce substantially new information that would change the project. Therefore, the Mitigated Negative Declaration for this project is still an appropriate document for CEQA compliance. Additionally, the plans are a full and adequate solution to vegetation related impacts. NOTICE OF PUBLIC HEARING: As directed by the Planning Commission, staff mailed continued public hearing notices to least 10 daystely 219 prorty owners pr or to the ont nued public hearing date of November 28, 2006. site at I ENVIRONMENTAL ASSESSMENT: 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. The 30 day review period began on July 28, 2006 and ended on ation provided and attachment to this staff report August 28, 2006. The additional inform does not substantially change this project. Therefore, it is not required that the Negative Declaration be recirculated. 3 VTTM 54081 RECOMMENDATIONS: 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. f ar b Reviewed by: J. Lungu, Nancy Fong, AI Associate Planner Community Develo irector Attachments: 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. Planning Commission Minutes dated October 10, 2006; 5. Planning Commission Staff Report dated October 10, 2006; 6. 57 Freeway View of VTTM 54081; 7. Artist's Renderings of views from the back yards of Lots 80 and 82 located on Crooked Creek Drive; and 8. Conceptual Landscape Plan and Fuel Modification Plan. VTTM 54081 OCTOBER 10, 2006 PAGE 9 PLANNING COMMISSION 7.4 be conducted on or after 3:00 p.m., and 2) if there is a parking problem the Conditional Use Permit could be subject to review. Motion carried by the following Roll Call vote: Planned Deve10 merli- MILI a1-1 - ­­ . - - Cond18& Variance No. 2006-02 and Tree itional Use Permit No. 2002 - 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 testhat to the removal, replacement placement and protection of oak and at a height greater than six feet. ewalno Tree trees, r PROJECT ADDRESS: Southern Terminus of Crooked Creek Drive Diamond Bar, CA 91765 PROPERTY OWNER/ Daniel Singh APPLICANT: Jewel Ridge, LLC 10365 W. Jefferson Boulevard Culver City, CA 90232 COMMISSIONERS: Nolan, Lee, Torng, VC/Nelson AYES: NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Wei Planned Deve10 merli- MILI a1-1 - ­­ . - - Cond18& Variance No. 2006-02 and Tree itional Use Permit No. 2002 - 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 testhat to the removal, replacement placement and protection of oak and at a height greater than six feet. ewalno Tree trees, r PROJECT ADDRESS: Southern Terminus of Crooked Creek Drive Diamond Bar, CA 91765 PROPERTY OWNER/ Daniel Singh APPLICANT: Jewel Ridge, LLC 10365 W. Jefferson Boulevard Culver City, CA 90232 OCTOBER 10, 2006 PAGE 10 PLANNING COMMISSION AssocP/Lungu presented staffs report and recommended Planning Commission adoption of 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. C/Torng asked for clarification of the number of units per acre as being three instead of four or five. CDD/Fong responded that the three units per acre requested via the zone change conform to the City's General Plan designation for low density residential. In addition, the purpose for the Planned Development Overlay is to allow for flexibility in the development standards and density. However, the density will not exceed what the General Plan allows. In short, this allows for preserving more than 30 percent of the land area as Open Space with the transference of density to the more developable portion of the parcel. AssocP/Lungu responded to C/Torng that this project is an entire subdivision and the City would not be able to change the zoning for a particular lot. C/Torng asked why there was a discrepancy in the tree replacement number from 98 in the initial study to 73 (Page 9) in the final study. Also, the initial study called for 2:1 replacement ratherthan 3;1 replacement. AssocP/Lungu responded that the applicant suggested a 2:1 replacement; however City code calls for a 3:1 replacement. C/Torng said the study referred to dead or dying trees and wondered if that was the reason for the 73 instead of 98. AssocP/Lungu responded that replacement was based on the number of living trees. AssocP/Lungu said she would review the numbers. C/Torng said he was concerned about the variance request for up to a 10 - foot retaining wall for hillside development and asked if there was a rule of thumb for approval. CDD/Fong responded that this was a variance and the Planning Commission would have to make findings'in order to support the variance. C/Nolan disclosed that she spoke with staff about the proposed project prior to tonight's meeting for purposes of clarification only. There were no other Commissioner disclosures offered. OCTOBER 10, 2006 PAGE 11 PLANNING COMMISSION Ron Brown, RDC, Asset Manager for Jewel Ridge Estates, 159 South Waverly Drive, Alhambra, thanked the Commission for the opportunity to present the 16 -lot residential development proposed project. Mr. Brown outlined the history of the proposed project. The subject property consists of approximately 13 -acres and the maximum allowable density is 30 -units. As previously stated, the proposed project is 16 units to be located in the already disturbed area that is relatively flat. The existing zoning is R-1- 10,000 and the total grading quantities to develop the subject property is 98,000 cubic yards. Approximately two-thirds of the site will remain as undeveloped Open Space. During the past four years of pursuing this project, the City's Planning staff critiqued at least 12 different proposals. The initial project was for 26 units, which was reduced by response to City Planning comments. The preliminary vision forfuture houses is 2800 square feet and prices ranging from the high $800,000's to the low $900,000. He strongly noted that the zone change request was consistent with the City's General Plan and was not being requested to allow for increased density, rather to allow for a smaller development that preserves more Open Space than would otherwise be allowed under the existing zoning. In addition, the density was less than the density of the surrounding development. The applicant and staff held a meeting with the surrounding community to illicit input of.the proposed project prior to staff presenting the project to the Planning Commission this evening. Daniel Singh, Jewel Ridge, LLC, 10365 W. Jefferson Boulevard, Culver City, CA 90232 presented an overview of the project from its initial submittal to its present iteration and presided over the power point presentation. C/Lee'asked if the applicant planned to build more houses in the future or if 16 units would be the maximum. Mr. Singh responded that the application was for 16 units and that was the maximum number projected. C/Lee expressed concern because he did not want the applicant to build more houses. C/Lee asked if staff could lock this project into, 16 units only because the pad was designed for future houses. He also asked why the applicant asked for a 10 -foot retaining wall. CDD/Fong explained that this was a Vesting Tentative Tract Map meaning that the proposal for 16 -units was legal and could not be changed to increase the number of lots. Conversely, the applicant could reduce the number of lots but would have to come back to the Planning Commission to seek such a reduction. The Open Space lots will be deed restricted to Open Space. He asked the applicant if he was willing to reduce the height of the retaining wall to six feet and redesign the trail. Mr. Singh said that a redesign to six feet would require two OCTOBER 10, 2006 PAGE 12 PLANNING COMMISSION retaining walls instead of one retaining wall. Therefore, it would result in one six-foot retaining wall and one four -foot retaining wall and whatever design was proposed would be plan checked and approved by the City. C/Torng said he felt residents would be concerned about the view impact and asked if the trees would be planted on the upper side. Mr. Singh explained that the conditions of approval include a condition whereby the City controls the plantings. Therefore, staff would not allow a permit to be issued unless there was a buffer or screening mirroring that proposed in the renderings. CDD/Fong explained that staff imposed a condition of approval requiring landscaping between the retaining walls. This is a conceptual map and prior to recordation of the Final Map the applicant is required to provide a detailed landscape plan that staff will verify the compliance with the conditions of approval. C/Torng felt the area presented fire danger and asked the applicant to elaborate on his plan for fire prevention. Mr. Singh explained that currently hillside access is constrained and the only access is from the north. By opening the development, additional access is provided to areas that were difficult to access prior to the development. Furthermore, the applicant is required to. provide a 200 -foot buffer, fire resistant plantings and so forth as conditioned. C/Torng asked the applicant to elaborate on the flood zone situation. Mr. Singh responded that the proposed development is in a higher elevation than the existing stream and channel so there is no issue because the water would flow downhill. The applicant submitted a hydrology report indicating the waterflowthat staff reviewed and in addition, there will be an additional hydrology report based upon the grading plan and such issues will be dealt with throughout the permit process. VC/Nelson opened the public hearing Lucy Robinson, 3636 Crooked Creek Drive, said she strongly opposed the proposed project. She lives on the side of Crooked Creek that faces the retaining walls that would be viewed from her yard. The vegetation that they have enjoyed is quickly disappearing. In addition, there is a safety issue for the children with the removal of the cul-de-sac. Fire is another issue of concern because increased development presents additional fire issues. She said she was also concerned about potential sliding in the area of the development. OCTOBER 10, 2006 PAGE 13 PLANNING COMMISSION Greg Shockley, 3711 Crooked Creek Drive, (west side of the street opposite the development) asked the Planning Commission to look at the aerial photograph off of the GIS on the D.B. website and ask for a transparency of the modified graded area. The majority of the existing trees will be gone and adjacent neighbors will be looking at modified slopes. Additionally, the proposed 10 -foot retaining wall is a combination of three six-foot retaining walls. The retaining walls will be an excellent surface for bouncing freeway noise into his and his neighbor's front yards. Freeway noise is so bad in his backyard now that it is difficult to carry on a conversation. The subdivision is about 12.9 acres and has the capacity to accommodate 53 lots of 10,000 square feet each. He said he would rather have houses randomly interspersed among the 12 acres. The residents of Crooked Creek will receive absolutely no benefit from the proposed development. The variances are proof that the applicant could not use the land without heavy modification. He asked the Commission to take a closer look at this project before making its decision. Jeff Layton, 3703 Crooked Creek Drive, agreed with what Mr. Shockley stated and said that in addition he was looking at this project as a quality of life issue for the people who live on Crooked Creek Drive. He was concerned about the height of the retaining wall across from his property and the noise that would be reflected off of the wall. Also, the wall will appear massive from eye level. How long will the new trees last and will they act as a noise buffer? He heard there would not be a gate at the end of Crooked Creek and wondered if it could be instituted following approval? The loss of the natural trees will be a huge negative impact on the area. He also had concerns about fire access and trail access and felt it would not happen if a gate were allowed at the end of the street. He was also concerned about traffic from 19 additional houses that would feed through what used to be a cul-de-sac. Eleanor Reza, 3748 Castle Rock Road, said that as a 19 -year resident she has enjoyed the "country hillside setting" and wildlife in her backyard that directly abuts the channel draining into Brea Canyon and where the development is proposed. Since living in Diamond Bar she has seen quite a bit of housing development and loss of wildlife habitat. Should the proposed cur her new backyard view would be of a six-foot housing development oc d when it might be a good idea to stop approving retaining wall. She aske OCTOBER 10, 2006 PAGE 14 PLANNING COMMISSION housing developments in the City. A recent quote from the Diamond Bar City Newsletter (June 2006) states: "one of the best features of D.B. is that it is surrounded by rolling hills and open space. However, that means that the City is in a careful balance with nature, wildlife such as Coyote's, Mountain Lions and Bobcats." She asked if the careful balance with native wildlife meant eliminating their habitat and have there been any wildlife impact surveys done for this project. Steven Greenhut, 3622 Crooked Creek Drive, said that one of the main reasons he and his family moved to the cul-de-sac about eight years ago was for the hillsides and although he did not relish the thought of a new development he supported the project because he did not believe that City officials should stop people from building within approved zoning and within the General Plan. The applicant is seeking variances but is building far fewer houses than allowed under the current zoning. When he moved to the City, Mr. Greenhut did his due diligence and discovered the property was zoned for three houses per acre and he and his wife agreed they could live with such a project. His specific concern was the maintenance of the 10 -foot areas behind his side of the street and the beginning of the retaining walls. A homeowner at 3723 Crooked Creek Drive, said she was happy about the area. She paid extra for the last lot and the views. Also, her children play in the cul-de-sac and there is no traffic passing by her house. She was very concerned and fearful about a big change to her house and the additional traffic in the area. People have been driving tractors over her front walk to get the equipment into the lot to grade streets and the winds blow a lot of dust toward her house. Mr. Shockley said he was not opposed to development on the property but felt it would be prudent for the applicant to build in accordance with the property by using step footings, multi-level housing and so forth rather than proposing extensive grading and tree removal. George Wong, 20880 Gold Run Drive, said he was not too concerned about the development but he was concerned about the increased traffic. It appeared to him that the only egress was via Crooked Creek Drive and as such, if he lived on Crooked Creek he would be. against the development because there was no other exit. OCTOBER 10, 2006 PAGE 15 PLANNING COMMISSION Art Melendez, 3710 Crooked Creek Drive, concurred with previous speakers about the traffic, noise and dust. There are a lot of kids that play out in the street because it is safe. With trucks and more traffic going through the area it will create a safety hazard and he believed the City would have to consider installing speed humps or other traffic calming devices. He said he opposed the project. Joy Tweed, 21155 Running Branch Road, said she agreed with everyone who spoke about problems of ingress and egress for the housing development off of Brea Canyon. She was concerned that any increase in the number of vehicles would create further problems. She moved to Diamond Bar in 1971 and at that time the slogan was "Country Living" in Diamond Bar With the arrangements of the high retaining walls she can no longer consider it country living. She believed that with the intelligence of the building staff there was a strong possibility that this project could be reviewed to limit the size of the area. She said she would like to have the applicant .provide a park in the area for the children as a trade-off to the project. James Eng, 20935 Running Branch Road, concurred with most of the speakers about the traffic. During peak afternoon hours it is difficult if not impossible to turn into his neighborhood and he believed the City should take a closer look at the traffic pattern in the area, Mr. Singh responded to public speakers. He stated that a noise study was conducted that analyzed the future potential noise generated by the project once the project was completed. The noise report concluded that there would be no significant impact to the community. Regarding the proposal and variances, the initial application did not include a zone change and two of the variances. The requested changes are in fact a trade-off resulting in a smaller development envelope and larger open space. Again, the property has a General Plan designation and by allowing a smaller development a trade off is a large open space that is protected in perpetuity. To the speaker who talked about a transparency, a biological report was completed, a transparency was done and habitats were identified and the impacts as a result of the development were identified with the information contained in the Mitigated Negative Declaration. Of course there are trees that will be removed but the mitigation calls for replanting those trees. at a 3:1 ratio. In addition, the applicant is required to ensure and guarantee the survival of the OCTOBER 10, 2006 PAGE 16 PLANNING COMMISSION trees for the ensuing five years. A gate was originally proposed. Pursuant to the community meeting staff is recommending that no gate be installed and the applicant has agreed. Currently, there is no trail. However, the development will provide for a future trail. Four surveys were completed and the City's consultant verified the accuracy of the surveys. The 10 -foot area behind the wall between the Crooked Creek residents and the project area can be addressed during the process of completing the CC&R's for the homeowners association with language to require that the homeowner's association be required to maintain the 10 feet. Dust control and other mitigation measures are proposed to include watering and no grading should winds exceed a certain velocity. A traffic report was completed and reviewed by the City's consultant who found that no adverse impacts would result upon completion of the project. A park project has been conditioned for the applicant to pay a Quimby fee, which will be set aside for future parks contemplated by the City. Additionally, 70 percent of the project will be permanently protected as Open Space. VC/Nelson closed the public hearing. C/Lee asked the applicant to comment on rights of view. Mr. Singh stated that staff is very cognizant of views. As such, staff conditioned the project to provide lower walls and provide screening. In addition, staff directed the applicant to flip the houses closer to the existing residences to lessen their visibility and ensure heavy planting between the tiers to mitigate the second wall. C/Lee asked the applicant to comment on the loss of the cul-de-sac .,playground" and whether the applicant intended to develop a portion of the open space as a small park or play area. Mr. Singh reiterated the City's ordinance that -the applicant is required to contribute to Quimby funds and the City decides the appropriate locations for its parks. C/Nolan said she empathized with residents about preserving the landscape of the community. She lives opposite Crestview and the residents lost a group of trees that were called the "dog trees" when the area developed. She visited the site today and could not find the street for the project. She said she would like to visit the site in order to see what the residents will view. She referred to a remark about vegetation _ walls with cells and vegetation growing off of the cells. She asked where the reference could be found and if it was intended to reduce noise. Mr. Singh explained that the retaining wall was a decorative wall with cells that have vegetation growing OCTOBER 10, 2006 PAGE 17 PLANNING COMMISSION out of them to camouflage the walls and blend them .into the existing environment. The walls are directly opposite the current homeowners. To many of the residents the area is already visually blocked because there is currently a wall behind the property. The areas that residents view are the upper elevations of the proposed site that will be maintained as open space and generally undisturbed. C/Nolan asked if there is an "owner's right to view?" CDD/Fong responded that the City does not have a view protection ordinance. To C/Torng's question about the size of the houses, Mr. Singh reiterated that the average house would consist of 2800 square feet two-story house with an average of 1500 square foot pad coverage. From the applicant's standpoint the City was trying to balance the natural area. The original project called for grading 60 to 70 percent of the natural envelope. The City tried to limit the project to the area that was already being disturbed and that is how the plan evolved and that is the reason for the zone change. Conversely, the project now impacts only 30 percent of the area with 70 percent remaining undisturbed. The current Crooked Creek residences sell for about $500,000 - $600,000 and the proposed project incorporates houses selling in the $800,000-$000,000 range. CDD/Fong responded to C/Torng that the applicant is building 16 homes and is required to pay park fees that will be used to improve or expand existing parks. There will be no new park in the area. In order to create parks there must be land available for parks. C/Torng believed that even small traffic impacts should be considered drastic impacts due to the volume of traffic. Otherwise, there would be no mitigation and benefit for the community. He supported the residents concerns about traffic impacts. Peter Lewandowsky, Environmental Impact Services, the City's consultant, stated that all of the comments from the community were specific and germane to the project. Relative to traffic, there are a number of issues. The primary focus .of the traffic analysis looked at internal circulation, ingress/egress, street right-of-way and turnaround, etc. to make sure that those features were sufficient to accommodate the project. The 16 vehicles will generate about 160 trips per day. Relative to the traffic volumes in the area it is a small number in the overall context of traffic and as a result, the traffic analysis did not look beyond the project site. In short, the study did not OCTOBER 10, 2006 PAGE 18 PLANNING COMMISSION pass the threshold standards for traffic analysis for traffic signals and turning movements beyond the site. He concurred that it was a significant impact to the residents on Crooked Creek and concurred with the heartfelt comments of residents who feared the project might change the character of the street. With respect to safety, additional traffic along the roadway should prompt residents to consider the safety of the children, an enforcement issue related to the traffic enforcement agency to ensure traffic volumes are maintained. The development will result in a secondary point of emergency access in the event that emergency ingress and egress is required for fire reasons. There is no mechanism relative to the current procedures and methodologies with which traffic is assessed to impose significant threshold criteria. C/Torng said the residents of Crooked Creek, Running Branch and Gold Run experience significant traffic issues and wanted staff to think about it. C/Torng said he was concerned about the 25 percent grade and wanted to know if the pictures depicted reality. Mr. Singh confirmed that the picture was taken using a 31) model of the existing topography and it is an exact replica of the existing conditions. There are steep slopes in the area but those slopes are not being developed. The area being developed is relatively flat.. Mr. Singh stated that the applicant would be open to considering a proportionate share for traffic mitigation. During the community meeting similar issues were raised and M/Herrera said that the City had adopted signalization at one of the intersections and the project would be willing to contribute its fair share. Mr. Singh responded to C/Torng that the project is conditioned to mitigate for noise issues by providing blocks with vegetation to prevent the noise bouncing back and forth. CDD/Fong and Mr. Singh confirmed to C/Torng that there would be no gate and that there would be a turnaround at the project entrance to mitigate the safety concern. VC/Nelson said he agreed with Mr. Lewandowsky that all concerns were valid. However, from his perspective he identified most closely with Mr. Greenhut's statement that he in no way wanted to restrict or take away the applicant's rights to the fair and reasonable use of the property. However, it was his obligation and duty to do everything possible to make it OCTOBER 10, 2006 PAGE 19 PLANNING COMMISSION as good a project as possible in consideration of the neighbors' concerns and the concerns of the community at large. To that end, he cannot act on this project until he sees an actual artist's rendering of the views of the property, the grading that will take place and what it will do or not do to the hillside from the SR57. He said he could not agree more with Ms. Tweed that "Country Living" was the theme in the City. He is a realist and knows where the City is heading. Nevertheless, it is a hillside'that has always had special meaning as an entry view into the City. Secondly, he did not believe he could act on the project until he had artist's renderings of the views from the back yards that would be affected.. Further, he is not at all comfortable with the oak tree and walnut tree and woodland mitigation. As it is currently presented it appears to be deferred mitigation. He cannot read the documentation as it currently exists and feel comfortable that potentially significant impacts to oak trees and oak woodlands and walnut trees and walnut woodlands can be mitigated to less than a significant level in terms of the number of trees proposed to replace current trees under the ordinance as well as the acreage of the communities those trees .provide. As an example, in 1976 he and others prepared the 1976 Significant Ecological Area Study for the LA County General Plan and this hillside was designated as part of the SEA area. In 2000 his firm preparedbean updateed and saw no there was reason to remove it from that category. He ecological value and he wanted to feel comfortable that it could be mitigated. He wanted to know what if anything could be done for the trees that are claimed to be "dead and dying" because the Department of Fish and Game says that "dead and dying" trees are in fact habitat for a whole suite of specieS and he did not want those simply "written off." He also wanted the applicant to find a similar property as a commitment to part of the plan. With respect to the landscape plan he would like to use vegetation that was usual to the area — local or indigenous rather than like a garden - it should look like the surrounding hillside and function as an extension of that. He asked if the vines were intended for the gridlock and. Mr. Singh responded affirmatively. VC/Nelson said he was not prepared to advise a good replacement but said that most vine species are highly invasive and he would not want to create a situation that would allow vines to creep into undisturbed woodlands and take over. He recommended that the applicant consult a restoration ecologist who might have an idea about how to replace the vines. OCTOBER 10, 2006 PAGE 20 PLANNING COMMISSION Mr. Singh pointed out that most of the trees had been removed as a result of the slopes and not of.the development and did not see a reason for offsite mitigation requirements. The project should be able to mitigate on-site. VC/Nelson said that if the applicant could replace the trees on a 1:1 basis and duplicate the community and replace the 73 trees at 3:1 and 'do something on the "dead and dying" trees such as a 1:1 replacement it would be acceptable to him. CDD/Fong felt that 30 days might not be sufficient time for the City's consultant to review the plans. In addition she had not verified that the applicant could provide the artists rendering in 30 days. C/Torng and C/Lee asked for input with respect to the retaining wall and whether a redesign was appropriate or possible. C/Torng moved, C/Lee seconded to re -open the public hearing. Without objection, the motion was so ordered. VC/Nelson moved, C/Lee seconded, to continue the public hearing to November.28, 2006, with notices of the continued public hearing mailed to residents within 1000 feet of the project. The purpose of the continued public hearing was to allow the applicant sufficient time to respond to Commissioners' concerns. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Nelson, Lee, Nolan, Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Wei 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee welcomed Commissioner Nolan. C/Torng commended staff on its support and commended staff for bringing forward the Jewel Ridge project. He welcomed Commissioner Nolan. C/Nolan thanked her colleagues for welcoming her and said she looked forward to working on the Commission. VC/Nelson welcomed C/Nolan and thanked staff for wonderful staff. reports. OCTOBER 10, 2006 PAGE 21 PLANNING COMMISSION STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Project Status Repori Update. 9.2 Public Hearing dates for future projects. CDD/Fong stated that she hoped to schedule a workshop for today. However, due to the absence of C[Wei the JCC Development workshop was postponed to October 24 as recommended by the City Attorney. The workshop will commence at 6:00 p.m. prior to the regular Commission meeting. Dinner will be served for the Commissioners between 5:30 p.m. and 6:00 p.m. with the location tentatively set for Room CC -2. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Nelson adjourned the meeting at 10:23 p.m. Attest: ;Comimunitya irector eve Nelson, Vice Chairman C.IT PLANNING COMMISSION .W AGENDA REPORT 825 COPLEY DRIVE - DIAMOND BAR, CA 91765 TEL. (909) 839-7030 FAX (909) 861-3117 21 AGENDA ITEM NUMBER: 7.4 MEETING DATE: October 10, 2006 1. Mitigated Negative Declaration No. 2006-03 CASEXILE NUMBER: 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 PROJECT LOCATION: Southern Terminus of Crooked Creek Drive Diamond Bar, CA 91765 (APN #8714-028-003) To adopt the Mitigated Negative Declaration and APPLICATION REQUEST: 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 replace and adjacent to a street; and to remove, protect oak and walnut trees. PROPERTY OWNER / Mr. Daniel Singh Jewel Ridge, LLC APPLICANT: 10365 W. Jefferson Boulevard Culver City, CA 90232 STAFF RECOMMENDATION: Staff recommends the Planning Commission: Open the public hearing; receive comments on the project; close the public .hearing and begin 54081 and its deliberations on VTTM No. entitlements; and recommend approval of Zone Change No. 2006-03 and Planned Development Overlay District 2006-01, Mitigated Negative No. 2006-03 and Mitigation Declaration Monitoring Program, VTTM No. 54081, Conditional Use Permit No. 2002-18, Variance No 2002-02 and Tree Permit No. 2002-12. BACKGROUND: A. Project Processinq: 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 L 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. ..,itA and Surrounding General Plan and Zoning and Use: ANALYSIS: A. A lications and Review Authorit Subdivision Ordinance Title 21 • and Develo ment Code Sections 22.14 22.58 22.22 22.54 22.38 and 22.44 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 of the with slopes of 10 percent or greater and to ensure the app icationCity'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 - 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. B. Project 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. Gene_____ral 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 is Low The General Plan land use designation Dwe ling Unitsthis Pe project (3 DU/AC).Density The Residential (RL)/Maximum Three current zoning for the project site is R-1-10,000. A zoning change tonLo n Density Residential (RL) is being processed in order to bring the 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 yl cant fcut; osesOto0cubic g grade thedprojec't;site in aand 0manber yards of export. The app Pro P that provides sixteen residential lots, each with vade streets to cevelopment reate four propen space lots (Lots "A", "B" "C" and "D") and two p non-gatedated on the lowerportionAdditionally, of landslide of the descending natural slope areas loc 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 tBeets. Retaining taro'ope o for the ill etsused to support the graded pads and cut into the y F. Conditional Use Permit for Planned Develo ment overlayDistrict The purpose a Planned Development lsrpte quality es innovative site planning, transfer develpmentrightsad mixed uses intent of the d policies of the General Plan. The consistent with the goals anpercent of the planned development standards is to preserve a .minimum 30 project's gross acreage as open space, o expected under conventional development standards I corporate aand to achiemenities ve gre at 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 ion. The according applicant the implement the mitigation plan, as app by the City guidelines and performance standards of the plan. I. 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 asist the the City staff, Planning Commission, City Council, and public 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. MNDProcess: 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. 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 street the City Engineer and comply with 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. f. 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 OP PUBLIC HEA UNG: 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: A nJ. L gu, ssociate Planner Reviewed by: Nancy Fong, AICP, Community Development Director Attachments: 1. Draft Resolution recommending to City Council approval of Zone Change No. 2002-02 and Planned Development Overlay District No. 20 VTTM No -53430 2. Draft Resolution recommending to City Council app 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 "A" —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 B. Photo simulations of project after development. TTM 54081 Page 11 PLANNING COMMISSION RESOLUTION NO. 2006 -XX 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 #20060711129) 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 1, The property owneriapplicant, Daniel Singh, Jewel Ridge, LLC, has filed an application for Zone Change No. 2006-02 for a property identified as APN No. 8714-028-003 located at the southern terminus of Crooked Creek Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." 2. On 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 ia amond that Bar conducted a duly noticed public hearing on the Application. time, the Planning Commission continued the public hearing to November 28, 2006 to allow the applicant time to address the Commission's concerns. Z B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby finds that the project identified above in this Resolution required 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. 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. 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 of this Resolution y certified (b) ForthDanielth transmit a Singh,Jewel Ridge, certified y10365 W Jefferson bBlvd., Culver City, DanCity CA 90232 Planning Commission Resolution No. 2006 -XX APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. W Steve Nelson, 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 28th day of November 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 SOUTHERN FOR OF A 16 LOT CROOKED SUBDIVISION LOCATED CROOKED GREEKDR DRIVE, BAR, CALIFORNIA. A. RECITAL 1. 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." 2. 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 a duly noticed public hearing on the Application. At that time, the Planning Commission continued the public hearing to November 28, 2006 to allow the applicant time to address the Commission's concerns. B. RESO�UTIOIV 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 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. 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)) 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. 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. Planning Commission Resolution No. 2006 -XX (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 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 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 RLIPD; 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 has made 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, 3 Planning commission Resolution No. 2006 -XX 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 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. 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 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 Planning Commission Resolution No. 2006 -XX the MND, roundabouts are a traffic calming device that reduces speed. However due to the intersecting of Streets W 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. 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 t he Citallfire ntlode s. e Department for approval and comply w 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 projec{si e and Fre fire safety and suppression for approval by the Department and City. 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 wainuttrees 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 an measurestriswill be incorporated into the proposed map.Mitigation summarized these environmental issues discussed Item (h).AdditionallY, the prro et will be required to comply with the Planning commission Resolution No. 2006 -XX 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 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 ortype of improvements is not likely to cause serious public health or safety problems. (I) 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 forthis 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 Planning Commission Resolution No. 2006 -XX residences. The proposed map is in compliance with the Subdivision Map Act and is consistent with the City's Subdivision Ordinance -Title 21. 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 1. 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 l entrance of the tract within Lot A. Prior to final map app 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. I 3. Prior to final map approval, applicant shall design the 20 foot trail adjacent to the southern boundary of the map for review Planning Commission Resolution No. 2006 -XX 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 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 Planning Commission Resolution No. 2006 -XX 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. 11. Oak and walnut trees removed shall be replaced at a 3:1 ration. Dead or dying oak and walnut trees removed shall be replaced at a 1:1 ratio C. PUBLIC WORKIENGINEERING DEPARTMENT 1. 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 Department �melntbandp Building and Safety Public Works/Engineering p Division prior to final map. 2. 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 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 9 Planning Commission Resolution No. 2006 -XX 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 over150 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 AW WA 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' 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 10 Planning Commission Resolution No. 2006 -XX The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) eForthwithSi Singh, Jewel Ridge lEstates, LLC, ed copy of s10365 W. JeffersonResolution, by iBl dfied ., Daniel City, CA 90232 APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, 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 28th day of November 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary 11 Planning commission Resolution No. 2006 -XX �-DIADIOArD BART!) s PROJECT #: VTTM No. 54081 MND No. 2006-03 ZC No. 2006-02/Planned Development Overlay CUP No 2002-18, VAR No 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. 2006-43, 2006-44, 2006-45, 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. 13 Planning commission Resolutlon 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. Prior to any Public Hearing or final 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 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 referenced herein 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 14 Planning Commission Resolution No. 2006 -XX shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 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 "Buyers 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; 15 Planning commission Resolulion No. 2006 -XX d. Rear yard setback 20 feet from the edge of the buildable pad or rear property line, whichever is applicable; and e. Accessory structures shall utilize setback distances from the edge of pad or property line whichever is applicable and be consistent with the 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. 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. 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 16 Planning Commission Resolution No. 2006 -XX 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 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. 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 unitilot is sold and occupied by the buyer. Prior to releasing occupancy forthe unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained .permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided b the of this City franchised waste hauler to all parcels/lots or uses affected by app 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. 17 Planning Commission Resolution No. 2006 -XX APPLICANT SHALL CONTACT FOLLOWINGDEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE DO: 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 18 Planning Commission Resolution No. 2006 -XX Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 9. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 10. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements evel by the modified to those shown on the tentative parcel map upon app 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. nto or over adjacent arcels shall 12. Easementdisposal and shown odnrthe final map,ainage water as it be delineatedas app oved 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 priorto issuance of building permits. (This may on an incremental or composite basis). 20 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. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (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. 8. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall be designed 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 eles and in accordance a easements forst storm drain purposeh County of Los s shall be offered and rlshowvate n o future) the final map for dedication to the City. 3. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study l Engineer California Itobthe sattiisfacction oft e e preared by a IC City Engineer gistered iStaten the 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. 23 Planning commission Resolub6n 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. Priorto 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 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 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, WVW D 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. 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 25 Planning Commission Resolution No. 2006 -XX Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map, 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the trafficreportprepared 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. 26 Planning commission Resolution No. 2006 -XX 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. 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 LAT 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 1. 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. 3. On October 10, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. At that time, the Planning Commission continued the public hearing to November 28, 2006 to allow the applicant time to address the Commission's concerns. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution required 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. 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. 2006-43 recommends that the City Council approve the zone change from 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. 2 Planning Commission Resolution No. 2006 -XX (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 tovertical) 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. (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 Planning commission Resolution No. 2006 -XX 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 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". 4 Planning Commission Resolution No. 2006 -XX (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 pursuant to the MND and Mitigation Report and Monitoring Program. (I) At this time, the construction of residential units is not part of the application request. The future development will be required to obtain approval through the City's Development Review process and comply with the City's Design Guidelines and comply with development standards set forth in this resolution. This process analyzes building designs, locations, and arrangements, privacy and protection. (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 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, Planning Commission Resolution No. 2006 -XX 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. (q) As discussed in Finding (g), (j), (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 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 as described in Findings (g), (j), (1) and (o) above. 6 Planning Commission Resolution No. 2006 -XX (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 project to ensure that the 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: (u) In accordance with Development Code Section 22.524, an application for a Variance may be filed and considered in order to increase retaining walls heights from the allowed six feet depending on topography constraints. 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". 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 "A". The proposed retaining walls will be set back approximately ten feet more then as shown on the map. Changing the location of the walls Planning commission Resolution No. 2006 -XX 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. (v) 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 (u), granting the Variance is necessary in order to relocate and create the pedestrian trail 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 (w) 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: (x) According to the MND and Mitigation Report and Monitoring Program prepared for the project site, focused surveys were prepared for native trees and special status plants/vegetation. The potential significance of environmental impacts on biological resources has been assessed. 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 Planning Commission Resolution No. 2006 -XX 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. 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. 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, Planning Commission Resolution No. 2006 -XX 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 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. 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 10 Planning Commission Resolution No. 2000 -XX 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. 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. 11. Oak and walnut trees removed shall be replaced at a 3:1 ration. Dead or dying oak and walnut trees removed shall be replaced at a 1:1 ratio G. 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. 11 Planning commission Resolution No. 2005 -XX e. 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. 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 over150 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%" brass or bronze, conforming to current AW WA 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, overand above maximum daily domestic demand. One 12 Planning Commission Resolution No. 2006 -XX 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 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY'OF DIAMOND BAR. BY: Steve Nelson, 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 28th day of November 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary 13 Planning Commission Resolution No. 2006 -XX -- W � DIAtiIOfiD BARS 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 Ride 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. 2006-43, 2006-44, 2006-45,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 11.4 of tothat Fish and Game Code. Said payment shall be made by the app' cant 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. 15 Planning Commission Resolution No. 2006 -XX the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. Prior to any Public Hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game 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 bythe Planning Commission to the City Council collectively referenced herein 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 16 Planning Commission Resolution No. 2006 -XX implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 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; C. Distance between single-family residential dwelling units shall be a minimum 15 feet; 17 Planning Commission Resolution No. 2006 -XX d. Rear yard setback 20 feet from the edge of the buildable pad or rear property line, whichever is applicable; and e. Accessory structures shall utilize setback distances from the edge of pad or property line whichever is applicable and be consistent with the 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. 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. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. 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.. 2. Prior to final map approval, a fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval. 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 18 Planning Commission Resolution No. 2006 -XX accordance with the Mitigated Negative Declaration's Mitigation Report rMitigat on Program and submit the plan to the City for review and approval. shall include offsite preservation and or restoration at no less than 1:1 acreage ratio. The native trees protected under the City's tree preservation and protection standards require a minimum replacement ratio of 3:1. It is estimated that 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 omitigation it heti California in accordance with the requirements and app 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. ermits, the applicant shall submit revegetation 4. Prior to the issuance of any p 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 t. 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. ces be provided by the City 2. Mandatory solid anch sed waste haulewastr oto lalllosal l 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 CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040; FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS. A. GENERAL 1. A detailed plan indicating trail widths, maximum slopes, physical conditions, fencing, and weed control, in accordance with City Master Trail drawings, shall be submitted for review and approval prior to approval and recordation of the Final Tract Map and prior to approval of street improvement and grading plans. Developer shall upgrade and construct all trails, including fencing and drainage devices, in conjunction with street improvements. 2. 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. 20 Planning Commission Resolution No. 2006 -XX g. 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 requireoments al b the are modified to those shown on the tentative parcel map upon app Y 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 com spanies, 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. . 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. 21 Planning Commission Resolution No. 2006 -XX 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 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. 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. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. All equipment staging areas shall be located on the project site. 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. 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). 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. 22 Planning Commission Resolution No. 2006 -XX B The maximum grade of driveways rales eing xceeding 10 pepad rcent as hall be 15 percent. In hillside areas driveway g ve parking landings with a minium 16 feet deep and shall not exceed five (5) m 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 adipermit, the report shy the all addreste of s, but not be limited to the following: fornia. Prior to the issuance of a grading 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 rading 9 d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e, Areas of potential for debris flowshall be defined City and proper remedial approved measures implemented as app Y 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. des and ons h lusost includingic data consolidated mustbe shown on ageotechnical map using the oratory i 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. Priorto issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works cuted Departmet and surety shall be posted and an anteeing completion of all drainage ac I t es to the rsat sfactionent e 9 of the City Engineer. 23 Planning Commission Resolution No. 2006 -XX 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. 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration 'and shall not be placed in an exposed 24 Planning Commission Resolution No. 2006 -XX a positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protectinngt he subdivided properties shall be installed prior to issuance of building p for construction upon any parcel hrelat relative bo whbchct to a bu�dang permit s rinage flows entering, leaving, or within a parce 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 danla the Los Angelesthe street fCounty or in easements satisfactory to the City Eng' neer 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 drainagelstorm drain plan the City naEngine24"er36" sheet format shall be submitted to and app b y ermiAll drainage and Los Angeles Public Works Department prior to grading p 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. 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. 25 Planning commission Resolution No. 2006 -XX 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 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. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of 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 26 Planning commission Resolution No. 2006 -XX 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 N, 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 1. Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS 1. 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 27 Planning commission Resolution No. 2006 -XX 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. 3. Prior to recordation, the final map shall comply with all Fire Department requirements. END 28 Planning commission Resolution No. 2006 -XX Agenda Item 7 1 — VTTM No. 54081 Full copy of attachments found in file INTEROFFICE MEMORANDUM DrAMONDsnx COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP, Community Development Director DATE: November 20, 2006 SUBJECT: EIR - SOUTH POINTE WEST PROJECT FOR NOVEMBER 28, 2006, PLANNING COMMISSION HEARING BACKGROUND: On November 14, 2006, the Planning Commission held a public hearing on the proposed project. At the hearing, the Planning Commission received staff report, a presentation from the applicant, and public testimony. Eight residents spoke to raise their concerns of the proposed project. Five were from the adjacent Rowland Heights community and three were Diamond Bar residents. Because the Environmental Impact Report (EIR) Response to Comments and the Findings of Facts and Statement of Overriding Considerations were not available for review, the Planning Commission with the consent of the applicant continued the hearing to November 28, 2006. ANALYSIS: The additional information, on the EIR Response to Comments is completed as shown in Exhibit "B," which completes the Final EIR. The agencies or persons who received a written response from the city to their comments will have 10 calendar days to review the Responses before the City Council certifies the EIR. Because there remain significant impacts, namely biological resources and air quality, the City must balance'the benefits of the project against unavoidable environmental impacts. If the City determines that the project benefits outweigh the negative environmental impacts, the City may certify the Final Environmental Impact Report (FEIR) with unmitigated significant impacts. However, the City must adopt the Facts of Findings and a "Statement of Overriding Consideration" stating the reasons for that decision and include supporting evidence for the record. The attached Exhibit "A" is the completed Findings of Facts and Statement of Overriding Considerations, which have been approved by the City Attorney. The Planning Commission should consider the FEIR, the Response to Comments and the Findings of Facts and Statement of Overriding consideration before considering the proposed project. RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council to certify the Environmental Impact Report EIR No. 2005-01 and State Clearance house No. 2005111118 complete and adequate and in compliance with CEQA Attachments 1 • November 14, 2006, Planning Commission EIR Staff report 2. Draft Resolution recommending approval of certification of Environmental Impact Report No. 2005-01 and State Clearance House No. 2005111118, and adoption of the Mitigation Monitoring Program 3. Exhibit "A" — Findings of Facts and Statement of Overriding Consideration 4. Exhibit `B" — Response to Comments 2 South Pointe West Project EIR -, 1„ A- --�_) PLANNING M M CITY OV DIAMOND BAR - 21825 COPLE (DRIVE - DIAMOND BAR, WA 91765 -TEL. (909} 839 7030 -FAX (909} 861 3117 AGENDA ITEM NUMBER: 7.6A MEETING DATE: November 14, 2006 CASE/FILE NUMBER. Environmental impact Report No. 2005-01, State Clearinghouse No. 2005111118 (Related Files: General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Development Agreement No. 2005-01, Specific Plan 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit No. 2005-05, Development Review No. 2005-26 and Tree Permit No. 2005-06 PROJECT LOCATION: South of Larkstone Dr., east of Morning Sun Ave., west of Brea Canyon Rd., and northwest of Peaceful Hills Rd. The developer is requesting certification of the APPLICATION REQUEST: Draft Environmental Impact Report for the development of a vacant 31.43 -acre site with master -planned community consisting of 99 detached residential condominiums, open space, and a neighborhood park. PROPERTY OWNERS: Walnut Valley Unified School District JCCL, South Pointe West, LLC APPLICANT: South Pointe West, LLC STAFF RECOMMENDATION: Staff recommends that the Planning Commission hold a public hearing to consider the draft EIR. --i4A EIR 205-01, et al., BACKGROUND: The applicant, South Pointe West LLC, proposes to develop a master planned community consisting of 99 detached single-family condominiums, open space areas and a neighborhood park on 34.52 acres of vacant land. The project site consists of four parcels. The largest parcel, approximately 27.91 acres and a small portion of the school property along Larkstone Drive up to the cul-de-sac at the South Pointe Middle School are part of the project site and owned by the Walnut Valley Unified School District (WVUSD.) Three smaller parcels, approximately 6.61 acres owned by JCCL South Pointe West, LLC, are also part of the project area. The applicant is currently in escrow to acquire the surplus parcel from the WVUSD and the three parcels from JCCL, South Pointe West, LLC. The proposal to develop the land into residential use, open space areas and a neighborhood park requires multiple land use applications such as a General Plan amendment, a Zone Change, the establishment of a Specific Plan, a Development Agreement, a Subdivision Map (Vesting Tentative Tract Map), Conditional Use Permit, Development Review and Tree Permit. The discussion of the above listed applications is in a separate staff report. As a result of the applicant's proposal, staff deemed it a project according to California Environmental Quality Act (CEQA) and made the determination that an Environmental Impact Report would be appropriate. ANALYSIS: A. Purpose of Environmental Impact Report (EIR) CEQA provides an assurance that governmental decision makers consider potential significant environmental effects before taking action on a proposed project. In accordance to CEQA Guidelines Section 15002, the basic purposes of CEQA are as follows: 1. Inform government decision makers and the public about potential significant impacts to the physical environment resulting from the proposed project. 2. Identify ways to avoid or lessen the impacts. 3. Prevent significant, avoidable damage to the environment by requiring changes in projects using alternatives or mitigation measures when the government agency finds the changes to be feasible. 4. Disclose to the public the reasons why a government agency approved the project in the manner the agency chose if significant environmental effects are involved. Page 2 -1 1P —q EIR 2005-01, et al., South Pointe West B. EIRP._ r00 The following sections describe the various steps the City must follow to comply with State Law, CQEA Guidelines Section 15002: review t of several preliminary 1, Determination t applicant e !� 2006 to discuss ltheir proposed development, it meetings with theapplicant indicated to was jointly agreed that an EIR would be requhirired. The staff that it is their desire e°°se such as their traffic, bi°� gicalmental ns drainage, prepare the technics p would hire a consultant geotechnical, air quality, noise and arborist, etc. es atare an EIR for the City. The to review the various technical studiirationdofr the EIR are paid for by the e cost of the review and the p p applicanfi. the 2 Notice e of Preparation (NODI: A Notice of Preparation 005 the NOPof an EIR rwas proposed project was paper and O e noticesbwere er 0mailed to surrounding advertised in the newsy p- Further, our properties within en toe NOP to State of Californiaeet radius of the project Office of Planning and consultant has s The NOP has Research (OPR) and each responsible and trustee agency. ublic should a 30 -day review period where the notified agencies and p send written responses to the City. hough required by 3. Earl Public Consultation and acted a scoiping cotmmuunity tmeeting on EIR process, the City cond December 15, 20io attend uAt thecscoping/community meeting, i24 residents were invited residents including a few residents from the adjacent Rowland onc Heights of community off Morning Sun Drive attended the meeting. the residents were the impact to and loss of environmental and the fixing of the landslides that had occurred in January ro ern drainage of the slopes aes: s to how it might affect the surrounding p p early The purpose of the scoping/community meeting t oncerned gwith the consultation with agencies or persons who may ve way to bred together environmental effects of a p affected agencies and roject. it is an iconcerns from residents and resolve concerns of Project site. that live adjacent to the i`^ „Miran{ G 4. Pre aration of Various Technical Stuul— a the applicant's consultants for the EIR: Shortly after the scoei age 9 the various technical consultants began or already have and air quality study, noise study studies such as Traffic analysishydrology studies, biologics geotechnical and soil studies, dri ep 'rt. During the preparation of the study and surveys, and arborist rep Page 3 EIR 2005-01, et z technical studies, the applicant's project was refined and evolved to include the grading concept for the park and its design, a Specific Plan for the subdivision and house products. The refinement of the proposed project affected the timing of the completion of the technical studies such as traffic noise and air quality. In July 2006, all the technical studies were completed and our consultant prepared a draft Environmental Impact Report (DEIR). 5. Notice of Completion and Circulation of DEIR: Once a DEIR is completed, a Notice of Completion is prepared and circulated to all agencies having jurisdiction over the project. The DEIR is also circulated for public review for a minimum of 45 days. Once the comment period is completed, the lead agency, or lead agency's consultant, will prepare responses and incorporate them into the Final EIR (FEIR) document. The DEIR for the proposed project was completed and available for circulation on August 23, 2006. A Notice of Completion for the proposed project was sent to all responsible agencies and property owners within 1,000 feet of the subject property. The public review period began on August 25, 2006, and ended October 9, 2006. Environmental Factors/Effects Analyzed in the DEIR: The DEIR analyzed the direct, indirect and cumulative impacfs as a result of the proposed project. The attached Exhibit "B" is a table that summarizes the identified environmental issues that have no impacts and those that have impacts with mitigation that reduce the impacts to less than significant. They are as follows: Land use, hydrology and water quality, housing and population, geotechnical hazards, traffic and circulation, cultural resources, noise, public service and facilities, utilities and service systems, aesthetics and growth inducement. The DEIR found two environmental issues remain significant even after applying mitigation: Biological Resources and Air Quality. a. Biological Resources: The implementation of the proposed project will impact the biological resources, however, there are mitigations or conditions of approval that will reduce the impact to less than significant as identified in Exhibit "B." However, the cumulative impact of the loss of biological resource cannot be mitigated. Throughout the region the incrementally reduction of natural and undisturbed open space areas and the progressive fragmentation of habitat result in the long-term loss of biological resources. b. Air Quality: The construction and operation of the project in combination with related projects have a cumulative incremental impact on air quality within the South Coast Air Basin. Even after Page 4' EIR 2005-01, et M., South Pointe West forshor the mitigations, the air quality impacts remain significant for short-term NOx emissions and cumulative air quality. Alternatives considered: CEQA should e beh implementedy to in ine lieu "range the reasonable alternativesg potentially proposed project; could reduce osedvprojecte The ai ernatives are: No environmental effects of the p p the park; a traditional single-family project; a proposed project excluding subdivision; consider a proposed project without the stockpile site. From a projesuperior alternative is "No ct level perspective, the "environmentally fails to provide the affected project:' Given that a "No Proj ernes, a "No project' would property owners a reasonable use of their prop likely be considered legally and socially non -feasible. Mite anon Monitorin4 Program (M� CEQA requires City to set up an MMP as part of the FEIR. The purpose of the MMP is to insure At the time compliance with the mitigation as eas conditionsof ',approval- The . MP is certification, the MMP is adoptedroved as part of project approval. contained within the EIR and will be app persons or evaluate comments Evaluation of and Reasnoenvironmentalcomments: issuesheOceivedrequires framthat the City resp consultant agencies who prepared a written too the Our various nc esl th t ha eve has provided written resp artment of Fish and Game (DFG) has responded withCa forma State Dep However, the response to e comments from not been completed. The DFG comment letter stated that there was prior grading activity on the ut their approval. DFG refers site that might have bhat occur ed on hes undertaken it which had extensive grading to the 1995 landslidemore which modified the natural habitat.at n DFG iwith requested dto location information of the about the current existing etc. At the writing of this sediment detention basin, underground drainage 'obtaining documents to report, the applicant is still researching address DFG comments. Such proof of documentation District with thetCounty of DFG are- the "Notice of Exemption" filed grading; a .letter requesting Los Angeles regarding the emergency.Corps of Engineers for emergency relief from Districts counsel to Army p permission to grade within a "blue -line" stream due to landsled'e' would be and a follow up letter to Army Corps confirming that no p required; etc. The Response to Comments cannot be completed until the requested documents are provided, therefore, the FEIR cannot be completed. -1k Page 5 FIR 2005-01. et 2 10. Certification of the FEIR. Facts of Findings and Statement of Overriding Considerations: Prior to approving the proposed project, the City shall certify that the FEIR has been completed in compliance with CEQA; that the FEIR was presented, reviewed and consideredbythe decision making body; and that the FEIR reflects the decision making body's independent judgment and analysis. Because there remain significant impacts, namely biological resources and air quality, the City must balance the benefits of the project against unavoidable environmental impacts. If the City determines that the project benefits outweigh the negative environmental impacts, the City may certify the FEIR with unmitigated significant impacts. However, the City must adopt the Facts of Findings and a "Statement of Overriding Consideration" stating the reasons for that decision and include supporting evidence for the record. The FEiR will be reviewed concurrently with the project, entitlements during the public hearings before the Planning Commission and the City Council. For this project, the Planning Commission will be a recommending body to the City Council. Because the Response to Comments has not been completed in time as mentioned above, the Facts of Findings, and Statement of Overriding Consideration cannot be prepared for Planning Commission review before this public hearing. Preparing the Facts of Findings, and Statement of 'Overriding Considerations, before the completion of the required Response to Comments, might suggest a predetermination of what the FEIR might ultimately state. 11. Notice of Determination (NOD): After the City Council certifies the FEIR, a Notice of Determination should be filed with the Los Angeles County Clerk within five working days. The timely filing of the NOD will limit the exposure of court challenges to 30 days. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1000 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: In accordance to CEQA Guidelines Section 15063, the City has prepared an EIR for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead agency, prepared an EIR for analyzing the direct, indirect, and cumulative impacts from the development of Page 6 EIR 2005-01, et al., South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the the South Pointe West Sp Tentative Tract Map and covers future impacts from the SPWSP and the Vesting der development of the site with the proposed project. Tark and sa pro acre stockpilesite the EIR includes the 31.43 -acre site, the public p situated east of the future park site. RECOMMENDATION: Commission hold a public hearing to consider the Staff recommends that the Planning rogram. DEIR and the Mitigation Monitoring Prepared by: Sandra Campbell Contract Senior Planner Reviewed by: Nancy Fong, ICP Community D velopment Director Attachments: 1. Draft Resolution recommending certification of Environmental Impact No. 2005-01 and adoption of the Mitigation Monitoring the am Co 2. Environmental Impact Report (Previously transmitted to the Commission) 3, Exhibit "N'— FartsofFindings acts aStateent of nd Mi igationsoverriding Consideration 4. Exhibit "B" — Summary o 5. Exhibit "C" — Mitigation Monitoring Program Page 7 Report 1(0 A EIR 2005-01, et al., -11(9A -ID PLANNING COMMISSION RESOLUTION NO. 2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (SCH NO. 20051111118) AND RECOMMENDING APPROVAL OF THE MITIGATION MONITORING PROGRAM AND ADOPT FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SOUTH POINTE WEST SPECIFIC PLAN AND VESTING TENTATIVE TRACT MAP NO. 63623 FOR A SITE COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026- 901) A. RECITALS 1. The applicant, South Pointe West, LLC, has filed an application for certification of Environmental Impact Report (EIR) (SCH No. 2005111118) and Mitigation Monitoring Program for the South Pointe West Specific Plan and VestingTentative Tract Map No. 63623, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Environmental Impact Report and Mitigation Monitoring Program shall be referred to as the "Application." 2. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was 'posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Vallev Tribune and Inland Valle v Daily Bulletin newspapers. 3. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. Planning Commission Resolution No. 2006 -roc —i.,(n A-1\ 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 an Environmental Impact Report (EIR). EIR (SCH No. 20051 1 1 1 1 8) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated hereunder. The 45 -day public review period for the EIR began August 25, 2006 and ended October 9, 2006. Furthermore, the Planning Commission has reviewed the EIR and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources orthe 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 Environmental Impact Report (SCH No. 2005111118) except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this Planning. Commission recommends to City Council and finds are clearly outweighed by the economic, social and other benefits or the proposed project, as more fully set forth in the Statement of Overriding Considerations. 5. The Planning Commission hereby recommends that the City Council adopt the Findings of Facts, Statement of Overriding Considerations, and Mitigation Report and Monitoring Program attached herein as Exhibits "A" and "C and hereby incorporated by reference. 2 Planning Commission Resolution No. 20()6-xx 17,�t-�� The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Transmit a certified copy of this Resolution, by certified mail, to: South Pointe West, LLC, JCC Homes, 2632 W. 237th Street, Suite 201, Torrance, CA 90505. APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torng, 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 28th day of November 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 3 Planning commission Resolution No. 2006 -mac 11 "l .fin t Exhibit A EIR Facts of Findings and Statement of Overriding Considerations Nov 14 2006 6:'O1Pm EIS 949-837-3935 p.l DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FINAL ENVIRONMENTAL IMPACT REPORT - SOUTH POINTE WEST SPECFIC PLAN AND VESTING TENTATIVE TRACT MAP NO. 063623, DIAMOND BAR, CALIFORNIA STATE CLEARINGHOUSE NO. 200511.1118 Section 21081 and 21081.5, California Public Resources Code Sections 15091, 15092, and 15083, Title 14, Chapter 3, California Public Resources Code 1.0 INTRODUCTION 1.1 Findings of Fact and Statement of Overriding Considerations The following statement of facts and findings (Findings) has been prepared by the City of Diamond Bar (City or Lead Agency) in accordance with the provisions of the California Environmental Quality Act (CEQA) and the Guidelines for the Implementation of the California Environmental Quality Act (State CEQA Guidelines) for the "South Pointe West Speck Plan" (SPWSP) project and for any and all discretionary actions reasonably associated therewith. For planning purposes, the City and/or other responsible agencies have assigned a number of case/file numbers to certain actions now contemplated by the City. Those case/file numbers include, but are not limited to: (1') General Plan Amendment No. 2005-01; (2) Zone Change No. 2006-03; (3) Development Agreement No. 2005-01; (4) Specific Plan No. 2005-01; (5) Vesting Tentative Tract Map No. 063623; (6) Conditional Use Permit No. 2005-05; (7) Development Review No. 2005-26; (7) Tree Permit No. 2005-06; and (8) Environmental Impact Report No. 2005-01 and State Clearinghouse (SCH) No. 2005111118. Reference to the SPWSP herein is intended to be inclusive of each of the above referenced discretionary actions and such additional discretionary and ministerial actions as may be required for or associated with the construction, habitation, occupancy, use, and maintenance of the SPWSP and the residential, recreational, and infrastructure -related land uses proposed within the geographic area examined in the FEIR, whether of not included within the geographic area encompassed by the SPWSP or extending beyond the boundaries of that planning area. This document presents the findings of fact and substantial evidence that must be made by the City Council prior to determining whether to certify the 'Final Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (FEIR), which is inclusive of, but not necessarily limited to, the "'Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" and the Technical Appendix - Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (DEIR), and the "Response to Comments on the Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Sar, California, State Clearinghouse No. 2005111118" (RTC), and to approve or conditionally approve the SPWSP. The State CEQA Guidelines provide that no public agency shall approve or carry out a project for which an environmental impact report (EIR) has been completed which identifies one or more significant environmental effects on the environment that would occur if the proposed --wA ` PI) Nov 14 2006 6:01PM EIS 949-B37-3935 P.2 project is approved or carried out unless the public agency makes one or more written findings of the for each of those significant effects. The anted by substlble antial ap ev den e n he record, 'ecified in Section Include: State CEQA Guidelines, which shall be supe (1) Changes or alterations have been required in, or incorporated into; th e project that avoid or substantially lessen the significant environmental effects, as identified in the final EIR. [This finding shall be referred to as' Finding (1)'] itand jrisdiction of another (2) Such changes or alterations are within e resp nonsVdinglsy Suchuchanges have been th public agency and not the agency 9 adopted by such other agency or can and should be adopted by such other agency. (This finding shall be referred to as. "Finding (2)"1 (3) Specific economic, legal, social, technological, orher for highly considerations, d�workers considerations for the provision of employment oppotunt make infeasible the, mitigation measures or alternatives identified in the EIR. [This finding shall be referred to as "Finding (3)1 With respect to those significant effects which are subject to Finding (1) above, the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in onmental effects - the project or made a condition of approval to avoid or lessen ding i Z abovent , the findings shall With respect to those significant effects which are subject to Finding ( ) not be made if the agency making the findings has concurrent jurisdiction with another agency pect to those to deal with identified feasible mitigation nmeasures (3)bove, he findings shall descrith ibe the speck significant effects which are subject to Finding (3) reasons for rejecting identified mitigation measures and alternatives. In accordance with r each significant or potentia91 of the Statelly signi significantGuidelines, ff ctCouncil identifiiedthe in following findings far each g nethe FEIR. hReferencec o mitigation oe sure numbers hereitopical headings FEIR. Tose n are as presented in e presented and may differ from those numbers or notations that may be subsequently assigned should the City Council elect to approve or conditionally approve the SPW SP. n the EIR which cannot be avoided or number of substantially lessened. nt environmental recognition eof the continuing are Identified iwdst nce f significant unavoidable adverse environmental • effects, a statement of overriding considerations, supported by substantial evidence in the record, is, therefore, required in order for the Lead Agency to approve the SPWSP. The statement of overriding copsiderations for the SPV1tSP is presented. in Section 8.0 (Statement of Overriding Considerations) herein. 1.2 Record of Proceedings For purposes of CEQA and these Findings, at a minimum, the record of proceedings for. the SPW SP consists of the following documents and other evidence: ({) "Initial Study," including all documents expressly cited therein; Notice of Availability' (2) "Notice of Preparation'" (NOP)" "Notice of Completion" (MOC), " (MOA), and all other public notices issued by the City in conjunction with the proposed project; ort _ Pointe West (3) TThe "Draft Tract MapEnvironmental impact Deiamond �BarhCalifo California, State Clea Pgho sestNo 2005111118," including all documents incorporated by reference therein and all written `7'.rokr-I Nov 14 2006 6:01PM EIS 949-037-3935 comments submitted by public agencies and other stakeholders during the public review period established by the NOP; (4) "Technical Appendix - Draft Environmental impact Report— South Pointe West Specific Plan, Vesting_ Tentatiye Tract Map No.063623, Diamond _Bar, -California,- State Clearinghouse No. 20OM-11111W; (5) tither site-specific andlor project -specific technical studies and exhibits not included in the FOR but referenced therein; (6) "Response to Comments on the Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118," including all written comments submitted by public agencies and other stakeholders during the public review period established by the NQC; (7) All written and verbal public testimony presented during noticed public hearings for the proposed project at. which public testimony was taken; (8) "Mitigation Reporting and Monitoring Program," as presented in the FEIR and as subsequently adopted by the City Council; (9) Matters of common knowledge to the City including, but not limited to, federal, State, and local laws, rule, regulations, and standards; (10) All documents expressly cited in these Findings; and (11) Such other relevant materials required to be in the record of proceedings under Section 21167,6(e) of CEQA.. 1.3 Custodian and Location of Records The documents and other materials constituting the administrative record for the City Council's action related to the SPWSP are located at the City of Diamond Bar, Community Development Department, 21825 Copley Drive, Diamond Bar, California 91765-4178. The Community Development Director is the custodian of the administrative record for the project. 'Copies of the documents constituting the record of proceedings are and at ail relevant times, during the regular business hours of the City, have been and will be available upon request at the offices of the Community Development Department. This information is provided in .compliance with Section 21081.6(a)(2) of CEQA and Section 15091(a) of the State CEQA Guidelines. 2.0 GENERAL FiNDINGS In addition to the specific findings Identified herein, the City Council hereby finds that: (1) The City of Diamond Bar is the "Lead Agency" for the project evaluated in the FEIR; (2) The FEIR and all environmental notices associated therewith were prepared in compliance with CEQA and the State CEQA Guidelines and in accordance with the City's local guidelines and procedures; (3) The City Council has independently reviewed and analyzed the FEIR and the FEIR reflects the independent judgment of the City Council; (4) A "Mitigation Monitoring and Reporting Program" (MMRP) has been prepared for the proposed project, identifying those feasible mitigation measures that the City Council has. adopted or will likely adopt in order to reduce the potential environmental effects of the proposed project to the maximum extent feasible; (5) The mitigation measures adopted or likely to be adopted by the City Council will be fully implemented in accordance with the MRMP, verification of compliance will be documented, and each measure can reasonably be expected to have the efficacy and produce the past -mitigated consequences assumed in the FEIR; p.3 Nov 14 2006 6:01PM EIS 949-837-3935 P•4 sed In (6) Each of the Issues to be resolved,Citydsdurriingfied the'n the FtIR and subsequently deliberation of the City's advisory and Gomm received by the City decision-making bodies, has been resolved to the satisfaction of the city Caunibl (7) The impacts of the proposed project have been analyzed to the extent feasible at the time of certification of the FEIR; (8) The City Council reviewed the comments received on the FEIR, including, but not limited to, those comments received following the dissemination of the DERand RTC, and the responses thereto and has determined that neither the comments received nor the responses to those comments add significant new information under Section 15086.5 of the State CEQA Guidelines; (g) The city Council has not made any decisions that t pDior to the tcertification of the commitment of resources toward the proposed project FEIR nor has the City Council previously committed to a definite course of action with respect to the proposed project; (1 p) Copies of all the documents incorporated trdurin the regular business by reference in the Fholurs of he City at the available for review and req g office of the City's Community' Development Department from the custodian of records, . for such documents; other as be required (11) These Sections 65454,10654 Ste by 66474, reference 6 4,4 such 66853,n ands 6586 y of the California Government Code and those corresponding finding required under the "City of Diamond Bar Municipal Code" (Municipal Code); and (11) Having received, reviewed, and considered all information and documents in the record, the City Council has or will impose conditions, mitigtimeasures, o the mke other axmum actions to reduce the environmental effects of the proposed extend feasible and finds as stated in these Findings. g_p WHICH CNOT CPOTENT14LLY SIGNIFICANT ENVIRONMENTAL ANNOT FEASIBLY BE MITIGATED To BELOW A LEVEL 4F 1NH SIGNIFICANCE The City Council has determined that existing regulations, conditions of approval, project design or likely to readopted by tfeasible he City Council will result ation measu in ares isubstan al reducncluded in the tion of most IR and adopted not all of those ions environmental adoption of #�thoseconditi fied in oi e existence of those ns and measuresR. , andthey CityCouncilfinds that the t following significant environmental effects will continue to exist: 3.1 Biological Resources 3.1.1 Environmentaltion with other implementation proposed easonably foreseeable futureproj cts, w ilcotrib e incrementally oject, in btoathe continuing reduction in relatively natural, undisturbed open space areas found within the general project area and contribute to the progressive fragmentation of habitat areas and general decline in species diversity throughout the region (Cumulative impact 5-9). Finding: The city Council hereby makes Findings (1) and (2). Facts in &u000rt of Findings: The following facts are presented in support of this finding: Nov 14 2006 6:01PM EIS 949-837-3935 P.5 (a) Project -related and cumulative biological impacts are addressed in Section 4.5 (Biological Resources) in the DEIR and in Section 3.0 (Response to Comments) In the RTC, incorporated herein by reference. (b) Through the use of small lots and clustering, the proposed project minimizes the area of physical disturbance and results in the preservation of approximately 15.9 acres of open space. Through those actions, the biological impacts of the proposed project have been reduced to the maximum extent feasible. (c) tither than through the imposition of regional growth management and/or regional resource conservation policies, which actions are the purview of regional governmental entities and cannot feasibly be implemented at the project level, no feasible mitigation measures have been identified by the City Council which would effectively address this cumulative impact. 3.2 A r Quality 3.2.1 Environmental Effect: Construction activities will result in the generation of particulate, oxides of nitrogen, and other criteria pollutants as a result of projected ground - disturbance activities and equipment utilization (Construction Impact 7-1). Finding: The City Council hereby makes Findings (1) and (2). Facts in Suoport of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) The air quality analysis was conducted in accordance with the methodology presented in the South Coast Air Quality Management District's (SCAQMD) "CEQA Air Quality Handbook" (SCAQMD, April 1993) and "Localized Significance Threshold Methodology" (SCAQMD, June 2005). (c) Primarily as a result of the use of diesel -powered equipment, NOx emissions are projected to exceed the SCAQMD's threshold standards. NOx is a regional (ozone) concern because NOx is an ozone precursor which has been shown to cause adverse health effects. NOx reductions through available mitigation measures, such as regular, low-NOx tune-ups and oxidation catalysts, are on the order of about ten percent. Even by keeping equipment in good tune, average daily construction exhaust NOx emissions cannot be reduced to a less-than— significant level. (c) There are no reasonably available mitigation measures than can reduce projected NOx emissions to less -than -significant levels. 3.2.2 Environmental Effect: Related project activities, in combination with the construction and operation of the proposed project, will incrementally contribute to regional air emissions within and throughout the South Coast Air Basin (Cumulative Impact 7-5), Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) ProJect-related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. 1,(o A-r2U) Nov 14 2006 6:02PM EIS 949-837-3935 P•6 (b) The SCAQMD indicates that one -possible approach for determining cumulative impacts is. whether. (1) the project shows a- one percent annual reduction in 5 average vehicle ridership; or (3) reduces the rate project emissions; (2) has a 1. of growth in vehicle miles traveled (VMI') and trips. Implementation of the proposed project and other related projects is not likely to achieve either a 1.5 duction in the rate of growth in vehicle miles average vehicle ridership or a re traveled (VMT) and vehicle trips. (c) iNo mitigation measures, ncremental contribution formulated to cumulative it quality impacts, are deemedpotential to be reasonably feasible, EMvIRONME TAL EFFECTS 4.0 SIGNIFICANT HICH CAN FEASIBLY BEI MITIGATE® TOBELOWA LEVELL W OF S GN FICANCE has determined ng tions of features, and/orlfeas feasible mitigationameasulres included n the FiEIR and adopted project likelygto pro f Council will result in a substantial reduction of the following be adopted by the City environmental effects and that each of the following environmental effects will either occur a or can be effectively reduced to below a levet of slgnificance. 4.1 Land Use al land uses 4.1.1 ser compatibility uld Introduce land fissues betweenethe Iproposed epos d usnd tesnand those existing and reasonably aw, and which may exist in close proximity to those fore"seeable future land uses that n uses (Land Use Impact 1-1). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: {a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference.. (b) The proposed residential, recreational, and open spaces uses .are compatible with existing and proposed development within the general project area. (c) Since none of the threshold criteria would be exceeded, the identified 'impact ct conditions or mitigation measures would be fess than significant and no proje are recommended or required. 4.1.2 Environmental Effect: The proposed mixed-use project, including the land uses, densities, and development standards now under consideration, could conflict with the adopted plans and policies of the City (Land Use Impact 1-4 Findin : The City Council hereby makes Finding {1). Facts in Su000rk of Findings: The following Facts are presented in support of this finding: (aj Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) The proposed project is generally consistent with theJul 25, 1995�es of the "City of Diamond Bar Genera Plan (General Plan) (City, Y -7 f,. l.. . Nov 14 2006 6:02pM EIS --'—' 949-837-3935 p-7 (c) Although the proposed number of dwelling, units exceeds the provisions of the hillside management ordinance, when the entire park site is included, residential densities remain within the limits established under the General , Plan and Chapter 22.22 of the Municipal Code.. (d) The proposed project is generally consistent with the applicable core policies of the Southern California Association of Government's (SLAG) "Regional Comprehensive Plan and Guide" (RCPG) (SCAG, March 1996) and "Regional Transportation Plan — Destination 2030' (SCAG, April 2004), (e) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4,1.3 Environmental Effect: Existing development restrictions currently encumber the project site, The elimination, modification, and/or alteration of those deed restrictions would be required in order to allow for the development of the proposed land uses (/,and Use Impact 1-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) Under existing City policies, the owners of Lots 46-49 of Tract No. 32576 are presently authorized only one dwelling unit per parcel. Subject to appropriate Findings, as determined by the City Attorney, the City Council is authorized to modify those restrictions. (c) Although none of the threshold criteria would be exceeded, a project condition is included In the FEIR and adopted or likely to be adopted as a condition of project approval retaining deed restriction on the designated remainder portion of Lot 49 (Tract No. 32576). 4.1,4 Environmental. Effect:' The proposed subdivision creates a number of residual or designated remainder parcels, identified as "Not a Part" in the proposed tract map, within the area of Lot -49 of Tract No. 32576, with reduced access (Land Use Impact 1-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support.gf this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) LJCC — South Pointe West LLC (Applicant) seeks to acquire from the Walnut Valley Unified School District (WVUSD) a portion of Lot 49 in Tract No. 32576 and, in combination Lots 46-48 of Tract 32576 and additional properties located to the south of Larkstone Drive, subdivide the ' property to allow for the development of 99 dwelling units, a portion of the new neighborhood park, and common open space areas. The boundaries of the proposed development application are not coterminous with existing lot lines, Residual areas will, therefore, be created that are "nota part' of the current development application. -22 Nov 14 2006 6;02PM EIS 949-837-3935 P•8 be exceeded, a roject ition is (c) threshold Although d n the EIReand adopted for it likely todbe adopted as a condition of project approval retaining deed restriction on the designated remainder portion of Lot 49 (Tract No. 32576). ment Within City 4,1.6 Environmentalf'►on the tnrease associatEffec t: edtwth thive e introductiial on of now dwelling unitiis could exceed popula "Regional Transportation the 2005-2010 population growth forecasts presented in the plan — Destination 2030" (SLAG, 2004) and which serve as a basis for regional transportation planning (Land Use impact 1-5). Fin din : The City Council hereby makes Finding 0). The following facts are presented in support of this finding: Facts to Suoport of Findings: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein in cby referentbination with those other related e. (b) Implementation of the proposed prof ectresult in the further projects will urbanization of the general project area, including the conversion of vacant or under -developed properties to higher -intensity uses. anot be limited to, a {c} Other related projects located with]us the 9 n the City include, associated with the proposed total of 355 new dwelling units (p project). The estimated resident population fared a with those projects period. City would exceed Citywide SLAG projections ro projections. a mitigation measure has (d) Since regional plans reflect local growth p j been included in the FER dand pied oransmit likely SAG ato erevsed growth foreopted in the casP stipulating that the City prepare Formal SGAG notification constitutes full mitigation for the resulting difference between local and regional growth projections. 4.2 population and Housing 4,2.1 Environmental Effect: Project -related construction will increase the tolocal wowk force and, uce short term through job creation and worker relocation, has the po population growth in the general project area (Construction impact 2-1). Findin : The City Council hereby makes Finding (1). Fac)s in Support of Findin s: The following facts are presented in support of this finding: (a) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DEIR, incorporated herein by reference.ration, and (b) The workforce required for the project's construction, ape maintenance can be reasonably drawn from the available regional labor pool. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.2.2 Environmental Effect project implementation will result in the addition of 99 dwelting units to the City's existing housing stock and will increase the City's population by S .-tf- k Nov 14 2006 6:03PM EIS 949-837-3935 p,9 approximately 326 individuals, based on the existing (January 2005) Citywide vacancy rates and average household size (Operational Impact 2-2). Finding: The City Council hereby makes.Finding _(1)._ Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DER, incorporated herein by reference. (b) The impact of the proposed project on long-term employment opportunities is not projected to be substantial and, based on its limited scale, will not create additional significant secondary housing Impacts. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.2.3 Environmental Effect: By increasing the City's housing stock, absence a corresponding increase in long-tenn employment opportunities, project implementation, in combination with cumulative development, could contribute to a jobs/housing imbalance (Cumulative Impact 2-3). Finding: The City Council hereby makes Finding (1). Facts in SuoQort of Findinos: The following facts are presented in support of this finding: (a) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DER, Incorporated herein by reference. (b) . The SCAG region is further divided into both areas governed by regional councils of governments and into regional statistical areas. The project site Is located within the area governed by the San Gabriel Valley Council of Governments (SGVCOG) and within RSA 26 (Covina). RSA 26, in which the project is located, is classified as jobs rich" and the jobs -to -housing ratio is projected to increase between 1997 and 2025. The expansion of existing housing opportunities will serve to move the area toward a regional jobs -housing balance. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.3 Geotechnical Hazards - 4.3.1 Environmental Effect: Two ancient and one active landslides have been identified on the property. Existing unstable earth conditions that have predicated past landslide activities within the tract map area must be further remediated as part of the project's grading plan, requiring increased earthwork and stabilization efforts in order to make the site geotechnically feasible for the proposed development (Construction Impact 3-1). Finding: The City Council hereby makes Finding (1), Facts in SuoQort of Findings: The following facts are presented in support of this finding: -7 .(0 A a� 949-837-3935 P.10 Nov 14 2006 6:03PM EIS (a} Project -related and cumulative geotechnicai hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DEIR, incorporated herein by reference. ec�c geologic, geotechnical, seismic, and (b) Extensive site have and performed 9 °g soils. analyses have been performed m order to assess on-site and near -site conditions. Subject to the application of those actions, measures, and design tion of such specifications incorporated in those studies andueeCct tty Pnor to phe issuance of additional provisions as may be identified by grading and building permits, the project can be feasibly developed from a geotechnical perspective. (c) A "Restricted Use Area" designation be recorded for any in -tract areas where geologic, geotechnical, seismic, or soils hazards cannot. be eliminated to the satsfactan of the City Engineer-, (d) Although none of the threshold criteria' be exceeded, project conditions are ject included in the FOR and adopted or likely to solo adopted geotechnical, seisms of ic, approval to effectively the project a known g g 9 soils hazards affecting 4,3.2 Environmental Effect: During the life of the Project'. structures and other improvements constructed on the property will be subject to Peodic ground shaking resulting seismic events along earthquake faults located throughout the region (operational Impact 3-2). Findin : The City Council hereby makes Finding (1)• Facts_ _ in Supcort of Findings: The following facts are presented in support of this finding: (a) Project related and cumulative geotechnical hazards impacts are addressed in zards) in the OEIR, incorporated herein by Section 4.3 (Geotechnical l-{a reference.ecive, provided (b) The proposed project is feasible from a geotechni of rsp 1-investigationsta hat e the recommendations presented in the project's g constructon. Since the Appcant has 6orpor do into the Project' r ton ofhose ecign andrecommenldations, they are part of the c proposed project and the project's design, construction, and operation t will occur in conformity and compliance therewith. Id be exceeded, project (G) included none ' FEIR and adoptedOf the threshold torlikely to be adapted as conditions of p owou ject ddress the known 'geologic, geotechnical, seismic, and approval to effectively a soils hazards affecting the project site. ly active y is locate 4,3.3 Envionmenta) Effs haveohistogcally occureles red ed throughout the region and scan be expected Since earthquake to. Occur in the future, development activities that occur thCurnulatve Impact 3-3). ion and their occupants and users will remain subject to seismic forces Findin : The City Council hereby makes Finding (1)• Facts In Su000rt of Findings_: The following facts are presented in support of this finding: 10 Nov '14 2006 6:03PM EIS 949-837-3935 ----- —' P.11 (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DER, incorporated herein by reference. (b) adequate control measures have been formulated_ by State and local governmental entities to ensure that all public and private structures are constructed and maintained in recognition of site-specific, area -specific, and regional geologic, geotechnical, seismic, and soils conditions. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.4 Hydrology and Water Quality 4.4.1 Environmental Effect: Development activities, including both residences and portions of the internal street system, are proposed within the area presently designated as a "flood ' hazard area" on the County Assessor's Parcel Maps (Construction Impact 4-1). Finding: The City Council hereby makes Finding (1), Facts in Suoport of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Qualify) in the DEIR, incorporated herein by reference. (b) The preliminary title report for Lot 49 in Tract No. 3257 includes; specific "protective conditions" with regards to the interference of existing drainage and Los Angeles County Assessor's parcel maps for the subject property, as well as the previously recorded subdivision maps for Tract 32575, depict or make reference to flood hazard zones andlor flood control drainage improvements. (c) Project -specific drainage and grading studies provide for new drainage patterns and ensure that no habitable structures will be constructed within any designated flood plain. The final subdivision map shall set forth the locations of any new drainage structures and devices required to accommodate the proposed land use and safety convey storm waters. (d) Since none of the threshold criteria would be exceeded, the identified impact Would be less than significant and no project conditions or mitigation measures are recommended or required. 4.4.2 Environmental Effect: Grading, material stockpiling, and equipment staging will result in the removal of existing ground cover, disrupt surface soils, increase the potential for erosion and sediment transport, and potentially impact existing beneficial uses (Construction Impact 4-2). Finding: The City Council hereby makes Finding (1). Facts in Su000rt of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the .DER, Incorporated herein by reference, 11 949-837-3935 P•12 Nov 14. 2006 6:03P- M EIS (b) The "Was#e Discharge Requirements for Municipal Storm Water and Urban Runoff aDischarges'diposedPDES permit No. was e discharge requirements 1for municipal tas regula Storm m water discharge a P County). and urban runoff discharges within the Los NO. GA 000002) requires that (c) The 'Construction General a s olrrn water (pollution prevention plan (SWPPP) and dischargers prepora sediment control implement temporary erosion control devices and temporary best management practices (E MPs). lace to minimize erosion and sediment (d) Practices and procedures are all, in p transport to the maximum extent practical (MEP). (e) Since none of the threshold criteria woullde b ca ditions the measures would be less than significant and no p j are recommended or required, as a result of the impedance of opportunities for 4,4,3 Environmental Effect: Project implementation will result in the introduction of Impervious surfaces onto the project site and, otential to increase the quantity, absorption and infiltration of those waters, haste p area (operational velocity, and duration of storm waters discharged from the tract map Impact 4-3)• . Findin : The City Council hereby makes Finding 0). presented in support of this finding: Facts in Su ort of Findings_: The following facts are Project -related and cumulative hydrology and water quality impacts are (a) (Hydrology and Water duality) in the ©EIR. addressed in Sectionef .4 incorporated herein by (bi s have been Engineering studies have been The engineering d and ranalysis has demonstrated nducte prepared for the proposed project. erase during a stryear that the proposed storm draAn system will effectively op capital storm event. to be (c) Mitigation measures have been included in himprovements aredcons stent with adopted in the MRMP to ensure that drainageect drainage applicable design and development standards and that post-project act to below a level of flows do not result in any adverse public safe# or other impacts. Imp of those measures will reduce the identified imp significance, those t° be maintained by the County and by the 4.,4.4 Environmental Effect: Unless effectively sized and maintained, all structural an treatment control t3MPs, including homeowners, association, will not result in their planned performance and efncacy (operational Impact ) Findin : The City Council hereby makes Finding (#)• Facts in Su000rt of Findings: The following facts are presented in support of this finding: are Project -related and cumulative hydrology and water ably)quality inimpacts hDOR, (a)(Hydrologyand Water Quality) addressed in Section 4.4 incorporated herein by reference. 12 t Nov 14 2006 6:04PM EIS 949-837-3935 (b) Prior to discharge from the developed site, 851h percentile treatment flows will be treated via three continuous deflective separators (GDS) or approved equivalent flow -based treatment units at the three post -development discharge locations. (c) Although none of the threshold criteria would be exceeded, project conditions are -included in the FOR and adopted or likely -to be adopted as conditions of project approval stipulating the preparation of a stormwater management plan and ensuring that volume -based treatment control BMPs and flow -based BMPs are designed and maintained in accordance with the County's "Manual for Standard Urban Stormwater Mitigation Plan" (County, September 2002). 4.4.5 Environmental Effect: The project's implementation and that of other development projects could adversely impact receiving surface or groundwater quality, create hydrologic, impacts that could result in significant adverse impacts to natural drainage systems, and adversely affect opportunities for groundwater recharge (Cumulative Impact 4-5). Finding : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DEIR, incorporated herein by reference. (b) Adequate design and development control measures, including design specifications, have been formulated by and are implemented by the City and by the County to ensure that all public and private drainage facilities and structures are constructed and maintained in recognition of applicable project -related and cumulative hydrologic conditions and drainage flows. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required: 4.5 Biological Resources 4.5.1 Environmental Effect: Construction activities will result in direct impacts to about 38.8 acres, including about 25.2 acres located within the tract map area and 13.5 acres located beyond the tract map boundaries, resulting in the removal of existing vegetation within those areas. Fuel modification requirements imposed by the Los Angeles County Fire Department could directly impact additional vegetation (Construction Impact 5=1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding; (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) In the DEIR, incorporated herein by reference. (b) Project implementation will result in direct disturbance to the following plant communities: (1) 6.6 acres of California sagebrush scrub; (2) 3.8 acres of mixed chaparral; (3) X0.1 acres of southern willow scrub; (4) 1.2 acres of mule fat scrub; (5) 6.9 acres of mule fat scrublruderal; (6) 0.5 acre of coast live oak woodland; (7) D.2 acre of developed; (8) 6.6 acres of disturbed; (9) 0.1 acres of ornamental; 13 Nov 14 206 6:04PM EIS 949-837-3935 p.14 (10) 2.6 acres of ruderal; (11) 9.5 acres of ruderaildisturbed; and (12) 0.4 acre of ruderaymixed chaparral. (c) Rare natural communities are those communities that are of highly limited distribution. The most current version of the Ca'naomiiaDepartment st of Gafh and d Game's 'The Vegetation Classification and Mapping g l Natural Communities Recognized by the Cagornia Natural Diversity Terrestrial Natural 2003) serves as a guide to each community's status. (d) With the exception of southern willow scrub, none of the habitat types identified rized as high priority on the project site are categoority for inventory in the California Natural Diversity Database (CNODB). This on-site plant corrlrnunit)+ is patchy in distribution and is not connected to larger continuous southern willow scrub habitat areas extending beyond the project boundaries. The likelihood of this community supporting sensitive species is considered minimal. (e) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.2 Environmental Effect: As proposed, the project will permanently impact approximately 1,042 linear feet of streambed, including 0.13 acres of United States Army Corps of Engineers (ALOE), Regional Water Quality Control Board (RWQCB) jurisdictional waters and 0.33 acres of Caldfomia Department of Fish and Game (CDFG) jurisdictional waters (Construction Impact 5-2). Findin : The City Council hereby makes Findings (1) and {2). Facts in Su ort of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporatedherein by refe linear (b) Project implementation will result in direct ir impacts acre approximately Un1,042 Army feet of streambed, including approximately Corps of Engineers (ALOE) and Regional Water Quality Control Board (IRWQCB) jurisdictional waters of the United States and waters of the State (including about 0.03 acres of wetlands) and approximately 0.33 acre of CDFG jurisdictional streambed. No direct impacts to jurisdictional waters are anticipated beyond the tract map boundaries. (c) The project will require a nationwide Section 404 permit from the a Section 1 1602 a Section 401 water quality certification from the .RWQCB, and 6 streambed alteration agreement from the CDFG, stipulating the provision of compensatory resources for identified impacts. project condition Is (d)' Although none of the threshold criteria would be exceeded, a proj included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure compliance with the provisions of Sections 401-404 of Federal Clean Water Act and Sections 1600-1616 of the California Fish and Game Code. ies ill ult n the removai 4.5.3 of or direct impacts upon 46 protected o dinance-size trees ng and grubbing t(45wcoas live'oak trees and one willow tree) of the 70 protected ordinance -size trees (65 coast live oak trees and five willow trees) identified on the project site (Construction Impact 5-3). 14 -7 -to A =2 Nov 14 2boG s:o5Pm EIS 949-837-3535 P.15 Finding: The City Council hereby makes Finding (1). Facts in SuPOort of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEiR, incorporated herein by reference. (b) Grading and grubbing operations proposed both within the tract map area and in the vicinity of the off-site portion of the proposed neighborhood park and stockpile site will result in direct Impacts on 45 protected ordinance -sized coast five oaks and one protected ordinance -size willow trees. Based on final grading plans, the actual number of directly impacted trees could be greater. (c) The project is subject -to compliance with the provision of Chapter 22.38 (Tree Preservation and Protection) of the Municipal Code. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FOR and adopted or likely to be adopted as conditions of project approval specifying the number of replacement trees to be provided and describing the Applicant's obligations under the Federal Migratory Bird Treaty Act (MBTA). 4.5.4 Environmental Effect: While not observed on the project site, construction could unlisted sensitive reptile species (coast horned lizard, potentially impact one' State -listed raptor (American peregrine falcon) and a number of coast patch -nosed snake), sensitive birds (loggerhead shrike, southern California rufous crowned sparrow, Bell's sage sparrow), sensitive mammals (western mastiff bat, pallid bat, pocketed free -tailed bat, San Diego black -tailed jackrabbit, San Diego desert woodrat, and northwestern San Diego pocket mouse), and sensitive raptors (white-tailed kite, northern harrier, golden eagle, sharp -shinned hawk, Cooper's hawk, ferruginous hawk, merlin, and prairie falcon) (Construction impact 5-4). Finding: The City Council hereby makes Finding (1). Facts in Su000rt of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) With the exception of the American peregrine falcon, none of these species are protected by federal or State listings and the loss of individual species and their `habitat would not threaten regional populations. (c) The American peregrine falcon, a State -listed endangered and fully protected species, is mainly a rare spring and fall transient in the region and may utilize the study area and general project vicinity for foraging.' Locally, the species es not a breeding resident but only an uncommon migrant. Although this species is protected during nesting, this species is not expected to utilize the study area for nesting activities. Removal of their habitat represents an adverse but less -than - significant impact to regional populations. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.5 Environmental Effect: Grading activities will result in the immediate mortality of small and slow moving animals and result in a disruption of wildlife habitat and the loss and 15 `7'1'� A ^� Mov 14 2006 6:05PM EIS 949-837-3935 P•16 displacement of wildlife, thus resulting in a less diverse and less abundant local faunal population (Construction impact 5-5). Findin : The City Council hereby makes Finding (1). Facts in Support of Findinas: The following facts are presented in support of this finding: (a) Projecrelated and cumulative biological resources impacts are addressed in t Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) The potential mortality of small animals would reduce prey base for larger predators, increase pressure on surviving populations in the adjacent open space areas to absorb individuals that seek to escape mortality, result in a general decline In genetic diversity, and reduce number of individuals available to recolonize affected areas following site disturbance. These impacts would not reduce.general wildlife populations below self-sustaining levels. {e) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.6 Environmental Effect: Project implementation has the potential to impede existing wildlife movement patterns across the project site (operational Impact 5 Finding : The City Council hereby makes Finding (1). Facts in Support of Findings: The following Facts are presented in support of this finding. (a) Project -related and cumulative biological resources impacts are addressed :in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) Based on the proximity and intensity of sgrounding development and the existence of other improvements, including major roadways, that act as impediments to wildlife mobility, the project site is not generally considered a part of the Puente Chino Mills wildlife corridor. The project site, therefore, does not serve any connectivity or linkage role with regards to regional wildlife movement. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.7 Environmentai Effect: if improperly designed and maintained, the proposed on-site flood control facilities and structural and treatment control a s aManagemosqumentoes and other, Practices (BMPs) could potentially provide a habitat for the propag vectors (operational Impact 5-7). Findin :The City Council hereby makes Findings (1) and (2). Facts In Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5.(Biological Resources) in the DEIR, incorporated herein by reference. (b) Urban stormwater runoff regulations mandate the installation and maintenance of structural BMPs; for both volume on and pollution ement design and ongoing maintenance rcan reiduce he propagation of vectors.Effe eve 16 6,Lc A-- Nov 14 2006 6:05PM EIS 949-937-3535 - - p.17. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that structural BMPs, through both design and maintenance, do not contribute to the production of vectors. 4.5.8 Environmental Effect: Project implementation, including the occupancy of the proposed residential dwellings and the use of the neighborhood park site, will result in the introduction of additional indirect or secondary effects upon the remaining biological resources (Operational Impact 5-8). Finding: The City Council hereby makes Finding (1). Facts in Su000rt of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) The introduction of new "light sources could result in an indirect effect on the behavioral patterns of nocturnal and crepuscular wildlife and Increase the mortality rate of wild bird. High-intensity sports lighting is not presently proposed as part of the project's design. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that lighting levels do not adversely impact off-site areas. 4.6 Traffic and Circulation 4.6.1 Environmental Effect: Construction vehicles will transport equipment, building materials, and construction debris along local and collector streets within and adjacent to established residential areas and an existing elementary school (Construction Impact a- 1). Flndine: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, Incorporated herein by reference. (b) During construction, the primary travel routes to and from the project site will be from Sheppard Hills, via Chapel Hills Drive, Walnut Leaf Drive, and Colima Road/Golden Springs Drive, and from Larkstone Drive, via Black Hawk Drive, Lemon Avenue, and Colima Road/Golden Springs Drive. Construction traffic will increase traffic volumes along affected roadways and could result in the spillage of debris and increase safety risks along those roadways. (c) " The City shall incorporation measures to address public safety considerations and to reduce construction -related traffic hazards in the project's grading permit. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the Applicant to both repair any roadway damage attributable to project construction and to prepare a construction management plan. 17 7, n(ti ^-_,� �_:) 949-837-3935 p.18 Nov 14 2006 6:06 -„PM_ EIS 4,6,2 Environmental Effect: The project involves the dedication of Larkstone Drive as a public street and the constru ation of underground utilities - and Street improat vements rcouldng �esultdrno�the and impro that roadway, now used primarily as a irnpasition of short-term restrictions to traffic along Primary accessway to South Pointe Middle Schooi. Similarly, unless otherwise conducted ce the County: the repair of and improvement to Morning Sun Drove will be undertaken as part of the project (Construction Impact 6-2)- Findin : The City Council hereby makes Finding (1}. Facts in Support of Findinrts_: The following facts are presented in support of this finding: incorporated herein by (a) . Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, reference. of the American Public Works Association's (b) The Southern California Chapter1gg6), the California (AFWA) "Work Area Traffic Control Handboo " (AP A, Traffic Controls for Department. of Transportation's (Caltrans) nCaltrans, 1856) and the `Part VI Construction and Maintenance Work Zones' Standards and �Gr Guides InTr cident Maaffic nagemenrols for soperatons.treet and 'ga component ofthe Maintenance, Utility 'Ma tion on Uniform Traffic Control Federal Highway Administration's (FiWA) Devices" (FtiWA, 2003) Provide guidance for the setup and operation of all work areas on public streets and include proviso nate ons andocontiuld nuing vehicular abe eacaesstl to be imposed by the City to ensure app Prectare ect (c) llcuded i the FOR and adopted ralrkely would be adopted abe exceeded,s conditansdaf Proj approval requiring the Applicant's preparation of a construction traffic mitigation plan and separate detailed traffic control plan. 4.6.3 Environmental Effect: The project is forecast to generate approximately 1,041 daily two- way vehicle trips .per day, including 81 trips during the AM peak hour and 108 trips during the PM pe.per day, That trafflc could increase congestion on local and regional r. roadways (Operational impact 6-3). Findin : The City Cauncit hereby makes Finding (1)• Factport of Findind_s: The following facts are presented in support of this finding: s circulationimpacts are (a) Project -related and cumullati ctraffat is n n the DEtR incorporated here nd by Section 4.6 (Traffic and, reference. act analysis was conducted in accordance with the City's (b) The project's traffic imp y act Analysis Report' and, for each of 'Guidelines for the Preparation of Traffic Imp y Year 2010 the 18 study area intersections, includedY05nE>dsting Conditionssessment of the ; (2) year seven scenarios were examined: (1} 2020 Cumulative Conditions; (3) Year 2010 Cumulative Conditions plus Pmproveroject; 20 Year 2010 Cumulative Conditions 2020 CumulativeConth ditionsConditions plus Project; (7) Cumulative Conditions; (6} Year 2020 Cumulative Conditions plus Project with Improvements. 18 Nov 14 2006 6:06PM EIS 949-837-3935 P.19 (c) For Year 2014 Cumulative Conditions, 11 of those intersections are projected to operate at an unacceptable level (LOS "E" or "F") during the AM and/or PM peak hour with the addition of ambient traffic growth and related project traffic. The remaining seven intersections are expected to operate at adequate service levels (LOS "D" or better) during the weekday AM and PM peak hours. The proposed project will significantly impact one study area intersections (Walnut Lead Drive/Colima Road). (d) For Year 2020 Cumulative Conditidns, ten of those intersections are projected to operate poorly and the remaining eight intersections are forecast to operate at LOS "D" or better during the AM and PM peak hours. Dne study area intersection (Walnut Leaf,Drive/Colima Road) will be significantly impacted. (e) Certain planned improvements are presently required of approved development Projects within the study area. Implementation of those identified improvements would mitigate areawide traffic impacts at identified intersections to the extent feasible. in accordance with the City's guidelines, the proposed project is required to either institute, where feasible, or to pay a fair -share contribution toward the construction cost of planned and recommended street improvements. (f) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval specifying the Applicant's obligation for the payment of a fair -share contribution toward the identified improvements. 4.6.4 Environmental Effect: The installation of access gates at the project's entryways could create conflicts on the adjoining roadways if vehicles gaining entry into the tract map area were to impede traffic flow along those roadways, such as might occur if the stacking distance allocated for entering vehicles was of insufficient length to accommodate the number of vehicles seeking entry during peak periods (Operational Impact 6-4). Finding: The City Council hereby makes Finding (1)_ Facts in Su Port of Findings: The following facts are presented in support of this finding: (a)- Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The primary project entry is expected to have a maximum queue of two non- resident vehicles during the peak hours, requiring a minimum storage reservoir length of 50 feet. With a proposed storage capacity of about 92 feet from the call box to the back of sidewalk, adequate vehicular stacking capacity is provided. (c) Guidelines for entry gates are set forth in Article 9 of the California Fire Code, as locally amended. (d) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that the design and'operation of the project's access gates do not unreasonably hinder emergency ingress into the tract map area. 4.6.5 Envfronmental Effect: Internal street des. and the installation and maintenance hazards unless designed In accordance (Operational Impact 6-5), an, including the provision of on -street parking )f abutting landscaping, could create safety with appropriate traffic engineering standards 949-837-3935 p.20 Nov 14 2006 6:06PM EIS Findin : The City Council hereby makes Finding (1)• of this finding: Faces aupcod °� f Findus' The following facts are presented in support in (a} Project -related and cumulative udlat Circulation) in the and iDElR,ation nincarperated herein pacts are d by Section 4.6 (Traffic Drive reference, (p) A sightdisttaa toe1eaDrivfe d Prrivateon was rDriver"C'eintersections the CaltranPrivas Highway and batt Design Manual" In accordance therewith, adequate intersection sight distance can be Menroviu; d at the two study intersections. (c) As specified by the Los Angeles County Fire Department (LACED), a minimum 36 -foot pavernent width ei f$e required dl in order runiterAs ind ca llow parking n the both esting tentative access way serving tract map, all new localfprivate streets will have a pavement width rojact condition is 36 feet. (d) Although none of. the threshold criteria would be adapted as a condi ion of project included in the FEIR and adapted or likely Improvements di . not create approval to ensure that future landscape impediments to driver visibility. between South Pointe Middle Schoolthe school 4,6,6 Environmental Effect: The proximity . teen joint use of that facility by proposed neighborhood park and the public street, introduce fac district may encouragehadditional dedication pof Larrkstone Drive as n ap those two street, i and, in combination (operational Impact 6 6). additional pedestrian safety hazards (op Finding. The City Council hereby makes Finding (1). Facts in So ort of Findin s: The following facts are presented in support of this finding: in (a) Project -related and cumulative traffic and the the DER, incorporated addressedacts are nca porat d hereinby Section 4.6 (Traffic and Circulation) reference. (b) .With regards. to traffic control devices, the California Vehicle Code (CVC) the national guidelines outlined in Caltrans' "Traffic requires the City to follow Engineering Manual.' (c) Children may walk, play, or otherwise occur in proximity to the project site. Young chiidreh may be inattentive when it comes to the presence of traffic and/or when crossing the street. (d) Although none of the threshold criteria would be exceeded, a project condition as on of included in the FOR and dop nand alis children's sato be fety is fuled as llly con i�deredproject approval to ensure that p 4.6.7 Environmental Effen the ct: The implementation of the proposed project. in combination with other related Projects,ea alnd collectively ntheutn� d existing traffic congestion arawide �traffd general project improvements (Cumulative impact 6-7). Findin : The City Council hereby makes Finding (1)• art of this finding: Facts in suo rt of Findings: The following facts are presented in Supp 20 -7,. b, A Nov 14 2000 6:07PM EIS 949-837-3935 p,21 (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The following nine intersections are projected to operate at LOS "E" or "F" under Year 2020 cumulative conditions: (1) Fairway Drive/Breia Canyon Cut-off RoadlColima Road (AM and PM); (2) Lemon Avenue/Valley Drive (AM and PMr); (3) Lemon Avenue/Golden Springs Drive (PM); (4) Brea Canyon Road/Washington Street (AM); (5) Brea Canyon Road/SR-60 WB Ramps (AM and PM); (6) SR -60 ES Ramps/Golden Springs Road (AM and PM); (7) Brea Canyon Road/Golden Springs Drive (AM peak hour and PM peak hour); (8) Brea Canyon Road/Pathfinder Road (PM); and (9) Brea Canyon Cut -Off Road/Pathfinder Road (AM and PM). Although the project will not significantly impact any of the study area intersections, on a cumulative basis, the project will contribute to the adverse service level at those intersections. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.7 Air Quality 4.7.1 Environmental Effect: Construction activities will involve the use of diesel -powered off- road equipment and on -road Vehicles that, in limited areas and for limited duration, will operate in proximity to existing sensitive areas. Sind diesel particulate emissions have been categorized by the California Air Resources Board as a to)dc air contaminant, exposure could result in possible health risks to near -site receptors (Constniction impact 7-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings; The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) Diesel exposure health risk impacts from grading equipment diesel exhaust particulates will be minimal. (c) Since none of the threshold of significance criteria would be exceeded, the Identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.7.2 Environmental Effect: During the project's operational life, a number of criteria pollutants will be generated as a result of vehicle trips associated with the proposed land uses (mobile sources), the consumption of natural gas associated with space heating, and the off-site generation of electricity (stationary sources) (Operational Impact 7-3). Finding,- The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. 21 949-837-3935 p'22 Nov 14 2006 6:07PM EIS (b) Projected operational emission fall below the SCAC Ws recommended threshold values. (c) Since none of the threshold .of significances criteria would be exceeded, e identified impact would be less than significant and no Pro] mitigation measures are recommended or required. Oct conditions or potential to 4,7,3 Environmental Effect: Increased traffic along project area roadways has the p result in the creation of carbon monoxide (Co) "hot spots" (operational impact 7-4). Findin :The City Council hereby makes Finding M. Facts °rt'f Findings' The following facts are presented in support of this finding: Project related and cumulative air quality impacts are addressed in Section 4.7 (a) (Air Quality) in the DEIR, incorporated herein by reference are foracast to occur at _(b) No existing or future carbon monoxide (CO) "hot spots" any intersections near the project area from combined background (no project) plus project traffic. (c) significance criteria wouldet conditionsthe Since none of the threshold of pro and no project Or identified impact would be less than sigsignificantn mitigation measures are recommended or required. 4.8 Noise imity to existing residential units and will result in 4.6.1 Environmental Eftect: Project -related construction activities., including the use of heavy equipment, will occur in closerpcext b e to off-site sensitive receptors (Construction short-term noise increases Pe P Impact 8-1). Finding: The City Council hereby makes Finding (1). Facts i�°n of Findin0ss: The following facts are presented in support of this finding: (a) Project -related and cumulative noise irnPreferenae,addressed in Section 4.8 (Noise) in the DER, incorporated herein by (b) Construction noise is regulated in the City under the Prov esia�E no�nt op roti psi Code. The Municipal Code limits the hours o heavy continue to be a short - Notwithstanding those provisions, construction noise may ance to proximal noise -sensitive r8ceptors. a project condition is termnuis (c) Although none of the threshold criteria would be exceeded, p j included in the FOR and adstru ion ed or Inalset mpa so be oars reduced topted as a 'the maximum approval to ensure that co extent feasible. result in the 'e g peak haat and 108 trips 4.8.2 Environmental Effect: e�°aa ncluding 8lotripsidu ng the generation of an additional 1,041 vehicular, trips p y, afFectlo travel ways to during the PM Peak hour. Pmje related traffic will be added to local roadways an could expose off-site sensitive receptors located along perceptible increases in traffic noise (Operational impact 8-2). Findin : The City Council hereby makes Finding (1)• 22 `7 A Nov 14 2006 6:07PM EIS 949-837-3935 p.23 Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section 4.8 - -- -(Noise) in the DER, incorporated herein by reference_-- - (b) The proposed project will cause traffic noise to perceptibly increase by more than the 3-dI3 threshold along the following four roadway segments: Black Hawk Drive south of Lemon Avenue, Larkstone Drive east of Black Hawk Drive, Shepherd Hills Road west of Morning Sun Avenue, and Chapel Hills Drive east of Walnut Leaf Drive. Post -project noise levels will, however, remain below City standards. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.8.3 Environmental Effect: Short-term construction and long-term operational noise associated with the proposed project, in combination with other related projects, will contribute to both a' localized and an areawide increase in ambient noise levels in proximity to those projects and along those roadways utilized by project -related and related project traffic (Cumulative Impact 8-3). Findina: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section 4.8 (Noise) in the DER, incorporated herein by reference. (b) Development projects located in the general project area will generate short-term noise impacts during their respective construction stages. In addificn, as traffic volumes in the general project area increase, those areas located in proximity to the area's arterial highway system will experience increased traffic noise. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.9 Public Services and Facilities 4.9.1 Environmental Effect: During construction, equipment, building and landscape materials, and a variety of household items will be brought to the project site. Visibility of the tract map area from off-site vantage points is limited and during certain periods, no or limited numbers of personnel will be on the project site (Construction Impact 9-1). Finding: The City Council hereby makes Finding (1). Facts in Sunoort of Findinoss The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed In Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) Project construction could result in. a minor increase over existing demands for police service but would not necessitate the hiring of additional personnel or predicate the need for the construction of new or physical alteration to existing rrq� 23 `l9 �� 949-837-3935 p.24 Nov 14 2006 6:08PM EIS Los Angeles County Sherifrs Department (LACSD) and/or California Highway Patrol (CHP) facilities.excproject conditions are (c} Although none of the thresholdcriteria or likely would be adopted as conditions of p o ecdt included in the FEIR and adopnt approval to minimize bort term (demands on LACSD resources, aikelihood of a criminal incide nd to provide construction and anyshort er review the project's individual design elements in the LACSD the opportunity. order to reduce potential demands upon police services 4,g,2 Environmental Effect: project implementation will result in the introduction of equipment, materials, and manp ower into a County -designated fire hazard arrearp�acto fine phazards of water system improvvision ements designated to respond (Construction Impact 9-2). Findin' : The City Council hereby makes Finding (1). Facts in Support of Findin9_s: The following facts are presented in support of this finding: project -related and cumulative public services and facilities impacts are (a) Proj in the DEIR, addressed in Section 4.9 (public Services .and Facilities) incorporated herein by reference. livable provisions of the The proposed project must fully comp, with all app (b) "Unlform Building Code" (USC) and Uniform ales CounFire 'tyUCode"(County Code) other applicable provisions of the 'Los � btic safely. established to address firepratectelensCou County Fire Department's (LACFD) "Full (c) In accordance. with the Los Aor Applicant is required to submit Modification Plan Guidelines for Projects Located m Fire°ne•4 or Very g Fire Hazard Severity saZone" (LACFD, d irrigation t g'at on plane and brush clearance activities. fuel modification, la a threshold be exceeded, itions are (d) Although none F the and adopted likely tdo be adopted as conditionect s of Project included in the FEiR and adop protect -ion program and workplace approval requiring the preparation of fire p standards for fire safety and the approval of development and infrastructure improvement plans by the LACFD. 4.9,3 Environmental Effect: Construction will occur in close, proximity to South Point Middle School and could be disruptive to school activities and operations {Construction Impact 9-3)• Findin :The City Council hereby makes Finding (I). Facts In Sup_ pow of Findings: The following facts are presented in support of this finding: s are (a) Project -related and cumulative public services and facile) inr+the DER,addressed in Section 4.9 (Public Services and Facilities) incorporated herein by reference.I or to be adopted (b) Project conditions are i -,eluded � requir� gl the prep R and oration of a school safety plan as conditions of project app and separate construction traffic mitigation plan.a of the coon likely t site c Mitigation measures have been included the fencingin tand sgnag d adapted ns rutty n be O adopted in the MRMP requiring 24 6 JoJi Nov 14 200E 6:08PM EIS 949-837-3935 p.25 and requiring the preparation of a school safety plan designed to minimize disruption to school activities and enhance the safety of children near .active construction sites. Implementation of those measures will reduce identified impacts to below a level of significance. 4.9.4 Environmental Effect: With a resident population of approximately 326 persons and an existing staffing ratio of one sworn officer for each 1,082 residents, .In order to maintain existing staffing levels, the LACED would need an additional 0.30 swom deputies. Based on the LACSD's recommended officer to population ratio of one deputy per 1,000 residents, an additional 0.33 officers would be required based on the projected number of in -tract residents (Operational Impact 9-4). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) The LACSD has not established a functional mechanism for the collection of LACSD impact fees and there exists no formal basis to quantify project -related impacts upon police protection services. Since funding for LACSD personnel, equipment, and facilities is derived through ad valorem taxation and based on yearly allocations by the County Board of Supervisor, the County has the ability to effectively respond to LACSD resource demands. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval requiring LACSD review the project's individual design elernents in order to reduce the potential demand upon police services. 4.9.5 Environmental Effect: The introduction of 99 new residential dwellings and a new neighborhood park will increase existing demands on LACFD facilities, equipment, and personnel; thus predicating an incremental need for facility expansion, the purchase of new or replacement equipment, and the addition of LACFD personnel (Operational Impact 9-5). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DEIR, incorporated herein by reference. (b) Existing water mains are capable of delivering a minimum fire flow of 1,250 gallons/minute (gpm) at 20 pounds/square inch (psi) for a two-hour duration., (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to ensure tACFD's review of the proposed water supply system, access improvement, emergency ingress, and compliance with applicable LACFD standards. 25 `I &A --4® 949-837-3935 P'26 Nov 14 2006 6:08PM EIS lementation will increase'enroliment within the \N a nuit 4.9.6 Environmental Effect: Project imp union high school students elY Valley Unified School isstricttbdents G cedes K16)�19Snew junts, r high s app 25 new elementary ) (operational Impact 9-6). (Grades 7-9); and 27 new high school students (Grades 9-12 Findin : The City Council hereby makes Finding (1)• Facts in SuAAort of Findings: The, following facts are presented in support of this finding: (a) Project -related and cumulative Facilities) Serviceic s and nFaciliities) s in impacts DER, addressed in Section 4.9 incorporated herein by reference. tblthe WVthe W1lUSD or, alternafile execution offn (b) payment of applicable fees to an an Assembly Bill (AB) 2928 mitigation agreement acceptable constitutes full and complete mitigation of ed res dentias developments on the provision of school facilities from the prop ro ect condition is (c) Although none of the threshold criteria likely to be adopted as a project condition project included in the FEIR and adopted lieable school impact fees prior to approval requiring evidence of payment of app the issuance of building permits. nds on 4,g,7 Environmental Effect: The approval of other reasonably foreseeable future develth e. Los opment projerp cts within the general projeent on the t area llLasCAngelesxColun yFire aDepartment- and Angeles County Sheriffs Departmse the on other la enforcement Unified age IlDisandtrIct will (Cumulative impact 9 number of children served Y the Walnut Y Council hereby makes Findings (1) and (2). Findin : The City g p g. Fads in SuAA°rt °� �n°-s' �e following facts are presented in su port.af this finding:. (a) project -related and cumulative public servicers and facilities impacts are addressed in Section �4.9 (Public Services and Facilities} in the DEIR, incorporated herein by reference. or condition individual development (b) Local agencies have the ability to deny otential impacts upon crime and fire applications based on their assessment of p to respond hazards, as well as upon a d loncfa�rdecsionmakercement and ls have the ability to res and personnel. State, County, allocations to those changes through and or decreases in annual budgetary to polio and fire protection agencies. aired to pay schaol impact fees. The (c) All qualifying residential and non-residential development projects located within the WVUSD's district boundaries are req payment of applicable fees or the execution of an AB mitigation on WVUSD constitutes full and complete mitigation of related Project facilities. criteria would (d) ct Since Wane of than significant and no project conditions ortm ligathe ion measutified res would be less are recommended or required. 28 -7 .,to A— Nov 14 2006 6:09PM EIS 949-837-3935 p.27 4.10 Utilities and Service Systems 4.10.1 Environmental Effect: The project's residential and recreational components are projected to generate about 26,208 gallons of wastewater per day (0.26 mgd). Applying a peaking factor of 2.7, the peaked -flow rate would be about 70;762 gallons of wastewater per day (0.71 mgd) (Operational Impact 10=1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative utilities and service systems impacts are addressed in Section 4.10 (Utilities and Service Systems) in the DEIR, incorporated herein by reference. (b) The existing sewer system has adequate capacity to accommodate projected project flows. Peak flows in the system, Including flows from the project, have acceptable depth -to -diameter ratios. (c) Since none of the threshold of -significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required.. 4.10.2 Environmental Effect: Implementation of the proposed project and other related projects would impose cumulative impacts on those existing sewage collection and disposal facilities that are located in the general project area (Cumulative Impact 10-2). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative utilities and service systems impacts are addressed in Section 4.10 (Utilities and Service Systems) in the DEIR, incorporated herein by reference. (b) County Sanitation Districts of Los Angeles County (CSDLAC) facilities are sized and improvements phased .to serve population and economic development in accordance with forecasts adopted in SCAG. Projects that are consistent with SCAG growth forecasts can be adequately served by existing and planned CSDLAC facilities. (c) In order to fund planned improvements, each new project within the County is required to pay connection fees to the CSDLAC. These fees are used to finance future expansions and upgrades, to the regional trunk sewer system and wastewater treatment facilities. (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.11 Cultural Resources 4.11.1 Environmental Effect: Construction activities can result in the irretrievable loss or damage to any prehistoric, historic. or paleontological resources that may exist within the area of proposed disturbance (Construction Impact 11-1). 27 949-837-3935 P.28 Mou 14 2006 6:0917M EIS Findin : The City Council hereby makes Finding (1). Factslpod of Findings: The following facts are presented in support of this finding: resources act,. are ressed in (a) project-relatedtion 41Cult and Resourcumulativices) in the iDEIR, incorporated herein byreference. Se te or are (b) No likely historic oric sOu Earth-movngs have bactivitiestassocat d Wirth the iprojects fro development could, however, result n the loss of paleontological resources from the Soquel Sandstone Member. (0) Mitigation measures have been included in the FOR and adopted or likely to a mitiati e in program, prepared by a qualified adopted in the MRMP requiring a paleontologic construction monitor. paleontologist, and monitored by implementation of those measures will reduce identified impacts to below a level f o ' nificance. sig cated hin the 4.11.2 Environmeonteal area could result ti imIftlpacts to any historic oes conducted on errpseh sites c resourtces that general p p earth-mov{ng activities conducted on may be located thereupon. In addition, any 11- undisturbed sites containing the Soquel and La Vida Members of the Puente Formation could result [n the loss of recoverable paleontological resources Cumulative Impact 2). : The City Council hereby makes Finding (1)• Findfn The following facts are presented in suppart of this finding: L Sunportof Findings: Fac s_Win_--- resources impacts are (a) S-reated and cumulative ection 4.19 Cultural Resources) nittheiOEiR, incorporated herein byre addressed (b) All cumulative project activities remain subject to site-specrfic environmental review and must fully conform to and comply with all applicable local, State, and federal requirements. (c) ihe dentified impof the act would be I less thd of anfls significant and nouipro project conditions t or mitigation measures are recommended or required. 4,12 Aesthetics character as native 4.12.1 Environmental Effect: Excluding those areas that will be retained as natural open space, the project site will take on a distinctively urban dPhysiographico vegetation is removed, hillside areas recontoured, and other construction activities occur (Construction Impact U-1)_ Findin : The City Councii.hereby makes Finding (1), resented in support of this finding: II Facts in Su000rt of Finding—s: s: The following facts are p (a) project -related and cumulative aesthetics Impacts are addressed in Section 4.12 (Aesthetics) in the DER, incorporated herein by reference. tcat on of the visual resource (b) Based on the G'uy's inierpretatian and general application d in the Bureau of Land Management's (BLM) assessment methodology outline 28 _��& A Nov 14 2006 6:09PM EIS 949-837-3935 p.29 "Visual Resource Management Program" (BLM, 1986), construction -induced changes would be considered adverse but less than significant. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. -- - - - 4.12.2 Environmental Effect: The project alters existing site topography and necessitates the construction of numerous retaining wails, extending up to about 20 feet in height (Construction Impact 12-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative aesthetics impacts are addressed in Section 4:12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) The proposed retaining walls exceed the height limitations specified in the City's Municipal Code but would be authorized under the provisions of the SPWSP. All walls over eight feet in height are identified as plantable cribwalls and will incorporate landscaping as an integral design element. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that the project's retaining walls and landscape plans are fully integrated. 4.12.3 Environmental Effect: The introduction of new residential and recreational uses will add new sources of artificial fighting to the project site and could result in light trespass extending beyond the project boundaries (Operational Impact 12-3). Finding: The City Council hereby makes Finding (1). Facts in Su000rt of Findings: The following facts are presented in support of this finding: (a) Project related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) The Illuminating Engineering Society of North America (IESNA) has established recommended outdoor lighting illumination levels. Lighting that conform to those standards would be assumed to produce a less -than -significant impact. (c) A mitigation measure has been Included in the FEIR and adopted or likely to be adopted in the MRMP to ensure compliance with IESNA outdoor lighting standards. Implementation of that measure will reduce identified impacts to below a level of significance. 4.12.4 Environmental Effect: Much of the San Gabriel Valley is already highly urbanized and the area's remaining open space areas take on greater visual significance as a. respite to the dominance of urban development (Cumulative Impact 12-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented In support of this finding: 29 949-937-3935 P.30 Nov 14 2006 6:09PM EIS (a) project -related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. /lance with (b) No development is authorized to occur in the absence of comp adopted agency plans and policies. Compliance with and conformity to adopted plans and policies helps to mitigate the potential impacts produced by the visual changes to existing landscapes associated with development activities. (c) Since none of the threshold of significance criteria would 'be exceeded, the identified impact would be less than. significant and no further mitigation is recommended or required. 4.13 Growth Inducement 4.13.1 Environmental Effect: Becausihalterat on of8 project ciareas located outside theudes street dedication, infrastructure map Improvements, and the physical boundaries, the project could alter the nature or timing of other unrelated development activities (Growth -Inducing Impact .13-1). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative growth -inducing impacts are addressed in Section 4.13 (Growth Inducement) in the DEIR, incorporated herein by reference. (b) The size and duration of the proposed project is not sufficient to predicate any substantial in -migration of new workers into the general project area. The project's incremental contribution to localized, regional, and national employment opportunities would not create substantial significant secondary imp (c) The proposed. 'infrastructure improvements, including the improvements to Larkstone Drive and Morning Sun Avenue, will not increase existing design lopment beyond the project site. capacities or facilitate deve (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 5.0 FINDINGS REGARDING MITIGATION REPORTING AND MONITORING PROGRAM The City Council has adapted or will likely adopt the MRMP set forth in the FEIR. The City Council hereby finds that the MRMP meets the requirements of Section 21061.6 of CEQA and Sections 15097 and 15126.4 of the State CEQA Guidelines. 6.0 FINDINGS REGARDING PROJECT ALTERNATIVES The City Council recognizes that the S.PWSP will result in significant unavailable environmental impacts that cannot be feasibly reduced to below a level of significance. The City Council finds ch of that: {1} due to specified economic, legalerations ea , v°ill not fulfill,in whole or n partical, and other theidentified project the project alternatives are infeasible; (2) objectives; and/or (3) will not feasibly result in the avoidance or any of the significant or potentially significant environmental impacts as associated with the proposed project. 30 -i,& JT'' Nov 14 2006 6:10PM EIS 949-837-3935 p.31 6.1 "No Project" Alternative • --U "11-0 U1 LIM rvLcntianve io [ne tTTeCIS Ot the'Pro osed Pro'ect. The City Council finds that the "No Project" alternative" is "environmentally superior" to the proposed ,Project _since. it would,- at -least in the short term, result in the elimination of at (east one of the significant impact associated with the proposed project. Facts in Support of Findings. The following facts are presented in support of this finding_ (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DER, incorporated herein by reference. (b) Under this altemative, no new housing units would be constructed on the site. (c) The "no project' alternative generally reflects the conditions and associated environmental impacts that would predictably occur should the Lead Agency elect to either deny the proposed project or fail to take action on the proposed development application, resulting in, at least, the short-term retention of the site in its existing condition. The denial of the current development application or the cessation of current process would not, however, preclude the submission of a subsequent development application to the City. (d) While cumulative biological resource impact may be incrementally reduced through the retention of the project site as an open space area and the preservation of existing on-site vegetation, the subregion will continue to experience a general decline in overall biological diversity. Cumulative impacts on biological resources would, therefore, remain significant. (e)Under this alternative, no construction activities would occur on the project site. As a result, there would be no significant project -related increase in construction emissions. Cumulative air quality impacts would, however, continue to remain significant since related development would still be predicted to occur. Effectiveness in Meeting Project Obiectives. The "No Project alternative" would not substantially meet the identified objectives of either the City or the Applicant. Feasibility. In the absence of public and/or private purchase of the project site for the purpose of open space preservation, there exists no mechanism to ensure the long-term. preservation of the project site in an undeveloped condition. As a result, absent that participation, the "No Project" alternative is infeasible. 6.2 "Existing Authorized Development and No Park" Alternative Comparison of the Effects of the Alternative to the Effects of the Proposed Project. Facts in Support of Findings. The following facts are presented in support of this finding: (a) The City s analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DEIR, incorporated herein by reference. (b) Under this alternative, no more than five new housing units would be constructed on the project site. (c) Since no subdivision activities would occur under this alternative, no real property park dedication would be provided, no in -lieu park fees would be collected, and no park improvements would result as a direct consequence of this alternative. 31 1 I — 4(o Nov 14 2006 6:11PM EIS 949-837-3935 p.34 The City Council finds that the previously stated benefits of the proposed project outweigh the significant unavoidable adverse environmental impacts of the proposed project. Each of the separate and distinct benefits of the: proposed project is determined to be, in themselves and independently of any other Identified benefit, a basis for overriding all unavoidable environmental impacts, as identified in these findings. The City Council has identified economic and social benefits and important public policy objectives that will result from implementation of the proposed project. The City Council has sought to balance these substantial economic and social benefits against the significant unavoidable adverse effects of the proposed project. Given the substantial -social and economic benefits that will accrue to the City and to the region from the implementation of the proposed project, the City Council finds that the.project's idenfPfied benefits override the project's identified sign if !cant environmental impacts. 34 Nov 14 2006 6:IopM EIS 949-837-3935 p.32 (d) While cumulative biological resource impact may be incrementally reduced through the retention of the project site as an open space area and the preservation of existing on-site vegetation, the subregion will continue to experience a general decline in overall biological diversity. Cumulative_ Impacts on. biologicalresources would 'therefore, remain significant. (e) Under this alternative, since construction activities would be substantially reduced, construction -term emissions would not be anticipated to exceed threshold limits. Because related projects and ambient growth would, however, continue to occur, cumulative air quality impacts Would remain significant. Effectiveness In Meeting Project Objectives. This alternative does not substantially contribute to the supply of new housing opportunities within the City and does not serve to substantially fulfill the stated project objectives. Feasibility, Excluding economic considerations, which are not addressed herein, the "EAsting Authorized Development and No Park" alternative is feasible, 6.3 "Traditional Single -Family Subdivision with Park" Alternative Comparison of the Effects of the Alternative to the Effects of the Proposed Project. Facts in Support of Findings. The following facts are presented in support of this finding: (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DER, incorporated herein by reference. (b) Under this development scenario, approximately 64 single-family detached homes could be accommodated on the project site. (c) Because related projects and ambient growth would continue to occur, biological resource impacts would remain cumulatively significant. (d) Although the number of dwelling units would be less, total alternative -related construction emissions would likely be generally the same based on similarities in the number of acres that would be disturbed each day and the similar list of construction equipment. Construction emissions would, therefore, likely remain significant. Additionally, because related projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. Effectiveness in Meeting Project Oblectives, Although the number of dwelling units would be reduced, this alternative substantially fulfills the project's stated objectives. Feasibility. Excluding economic considerations, which are not addressed herein, the "Traditional Single -Family Subdivision with Park" alternative is feasible. 6.4 "Proposed Project and No Stockpile site" Alternative Comparison of the Effects of the Alterrmative to the Effects of the Pr000sed Project. Factsin Su portof Findings. The following facts are presented in support of this finding: (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DER, incorporated herein by reference. 32 `7-b A -46 949-837-3935 p.33 Nov 14 2006 6:10PM EIS (b) Under this alternative, a 99 -unit detached condominium project could be accommodated on the project site. (c) Because related projects and ambient growth would continue to occur, biological impacts would remain cumulatively significant.. the uld (d) arr�e, taonst cation emissions would rema'iconstruction rations wo nes significant. Because) elated projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. es. Effectiveness in Meeting Pr o pct objectives. This alternative fulfills the stated objectiv Feasibill . The 'Proposed Project and No Stockpile site" alternative is feasible. 7.0 PROJECT BENEFITS The City council finds the proposed project would result in a number of identifiable community benefits. Those benefits include, but may not be Limited to: project will result in the production of 99 new housing units within the City, (1) The proposed protifi thus hopping the ject respond to the identified housing demand outlined in the current City"Regional Housing Needs Assessment" (RHNA). (2) The construction and sale of detached residential condominiums present future homebuyers with additional purchase options and price variations allowing homebuyers eds and demands. to better match housing choices wWill promote Lha attainment or regional jobs - (3) The creation of new housing opportunities to -housing ratio objectives established by regional governmental entities and produce corresponding environmental benefits, property by the VWUSD and (4) Project approval might facilitate the sale of surplus real p p ro provides revenues for that district to accommodate the needs of existing and future students. (5) Project construction will allow for the elimination,a d other abutting propertiestion o landslide hazards affecting both the subject property dies nated (6) project approval will allow for the productive use of an underutilized property g for residential use in the City's General Plan. (7) The provision of an approximately 4,68 -acre the atta nbmentoof establ sihed park the inventory of parklands within the City, promote. goals, and create additional recreational opportunities benefiting City residents. 8.0 STATEMENT OF OVERRIDING CONSIDERATIONS As described above, the proposed project AuQuality produce significant ign fi iontimpac ); able adverse Qualityy impact in the following three topical areas: (1) y ive Impact): and (4) Biological Resources (Cumulative Impact). Each of those t impacts identified significant environmental menaadoption effects wolr likely -continue adaption of those smitigation n meures notwithstanding the City identified in the FEIR. In order to determine whether the project's potential environmental in are acceptably overridden by the project's anticipated benefits c the proposed project agani n 15093 of the State stAthe ptio rdoect's requiring the City to balance the potential potential unavoidable significant impacts. 33 f. t -5o Exhibit Response DRAFT ENVIRONMENTAL IMPACT REPORT RESPONSE TO COMMENTS STATE CLEARINGHOUSE M 200511111 a SOUTH POINTE WEST SPECIFIC PLAN VESTING TENTATIVE TRACT MAP NO, 063623 DIAMOND BARe CALIFORNLA Applicant: WCO — MUTH PQ,[Ni!E WEST, Me 2632 West 237" Street, Suite 201 Torrance, California 90505 Prepared by: ENWRONMENTAL NPACT �ctENCEa 26051 Via Concha Mission Viejo, California 92691-5614 November 2006 South Pointe West City of Diamond Bar, California Appendix III -A Draft Environmental Impact Report and Notice of Completion Document Distribution List III -B Comment Letters III -C 2006 Focused Coastal California Gnatcatcher Survey III -D Supplemental Traffic Analysis List of Tables Tables 1-3 RTC -1 List of Commentors 3-16 RTC -2 Year 2010 Peak -Hour Intersection Capacity Analysis) RTC -3 Summary of Recommended Year 2010 Improvements and Cost Estimates for 3-20 County Impacted Intersections RTC -4 Project Fair -Share Contributions toward County 3-22 Impacted Intersections in Year 2010 List of Figures Figures RTC -1 South Pointe West—Jurisdictional and Non -Jurisdictional Features 3-15 November 2006 Response to Comments Page i Table of Contents I �Cri A— �� List of Sections Page Section 1-1 1.0 INTRODUCTION 1-1 1.1 Introduction 1-1 1.2 CEQA Requirements 1-2 1.3 Review Period 1-2 1.4 Incorporation of Comments 1.5 Independent Judgment 2.0 CHANGES, REVISIONS, AND OTHER MODIFICATIONS and Other Modifications 2-1 2 1 2.1 Introduction to Changes, Revisions, 2-1 2.2 Changes, Revisions, and Other Modifications 3-1 3.0 RESPONSE TO COMMENTS 3-1 3.1 Introduction to Response to Comments 3-1 3.2 Response to Comments List of Appendices Appendix III -A Draft Environmental Impact Report and Notice of Completion Document Distribution List III -B Comment Letters III -C 2006 Focused Coastal California Gnatcatcher Survey III -D Supplemental Traffic Analysis List of Tables Tables 1-3 RTC -1 List of Commentors 3-16 RTC -2 Year 2010 Peak -Hour Intersection Capacity Analysis) RTC -3 Summary of Recommended Year 2010 Improvements and Cost Estimates for 3-20 County Impacted Intersections RTC -4 Project Fair -Share Contributions toward County 3-22 Impacted Intersections in Year 2010 List of Figures Figures RTC -1 South Pointe West—Jurisdictional and Non -Jurisdictional Features 3-15 November 2006 Response to Comments Page i Table of Contents I �Cri A— �� South Pointe West jCity of Diamond Bar, Califomia This page intentionally left blank. Quem er 2006 Page 11 Response to Comments Table of Contents -14s A -5q South Pointe West City of Diamond Bar, California 1.1 Introduction outh Pointe West This "Response to CommentsTentative the Tract Mapraft Environmental No 063623,Impact Diamond Bar, California, State Specific Plan, Vesting 1118" (RTC), in combination with the two -volume "Draft Clearinghouse No. 200511 West Specific Plan, Vesting Tentative Tract Map Environmental Impact Report — South Pointe No.063623, Diamond Bar, California, State Clearinghouseiyf DiamondOBar1 Planning (DEIR) CCommission other documents as may be added by the City (Commission) and/or by the City of Diamond Bar City Council (Council), collectively serves as the "Final Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118 (FEIR) for the "South Pointe West Specific Plan" project. This RTC presents the Community Development Department's. (Department) draft written responses to all written comments received by the City of Diamond Bar (City or Lead Agency) following the City's publication and.dissemination of the "Notice of Completion" (NOC) and the DEIR. The information and analysis provided in this RTC serves to augment the Lead Agency's independent analysis of the "South Pointe West Specific Plan" project, as presented in the DEIR. Although separately bound from the DEIR, this RTC is intended to be read in combination with the DEIR. Material presented in the DEIR is not again repeated herein, except to the extent necessary to provide a response to the issues that have been raised during the noticed comment period established under the NOC. Except where otherwise provided, the terminology, acronyms, and definitions used herein are intended to have the same meaning as presented in the DEIR. 1.2 CEQA Requirements The State CEQA Guidelines require the City to consider in all pu lli in SSection 1 088 themeat received on the DEIR in its decision-making process. "(a) The lead agency shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare a written response. The lead agency shall nt ions and may respond to comments received during the vnoticed comme response llshall describeand any e the sdisposition of The respond to late comments. (b) p significant environmental issues raised (e.g., revisions to the proposed project to mitigate anticipated impacts or objections). In particular, the major environmental issues raised when the lead agency's position is at variance with recommendations and objections raised in the comments must be addressed in detail giving reasons why specific comments and suggestions were not accepted.° ny As indicated in Section 15089 0{ the State CEQA project the Guide(ines, without presupposing lead agency shall certify that: (1) particular project outcome, `[p] ' approving p The final EIR has been completed in compliance with CEQA; (2 ) The final EIR was presented to ncy and that the decision-making body reviewed and the decision-making body of the lead age e final EIR prior to approving the project; and (3) The considered the information contained in th final EIR reflects the lead agency's independent judgment and analysis." / For consistency with the terminology presented in the DEIR, the term "Department is used herein with rom the regards to the City's "Community Development Department. However, Resbased nsencomments to Comments) receiheredn fand the California Department of Fish and Game, as presented in Section 3.0 ( p manner in which that public agency elects to refer to themselves, the term "Department" is also used to denote that State resource agency. The term must, therefore, be considered in the context in which it is presented November 2006 Response to comments Page 1-1 Section 1.0: Introduction -I . [O A — S South Pointe West City of Diamond Bar, California In defining the minimum contents of the project's final EIR, Section 15132 of the State CEQA Guidelines indicates that "[t]he final EIR shall consist of: (a) The draft EIR or a revision of the draft. (b) Comments and recommendations received on the draft EIR either verbatim or in summary. (c) A list of persons, organizations, and public agencies commenting on the draft EIR. (d) The responses of the lead agency to significant environmental points raised in the review and consultation process. _(e) -Any other information added by the lead agendy." - 1.3 Review Period As required under Section 21092 of the California Environmental Quality Act (CEQA), "[ajny lead agency which is preparing an environmental .impact report or negative declaration or making a determination pursuant to Section 21157 shall provide public notice of that fact within a reasonable time period prior to certification of the environmental impact report or adoption of the negative declaration." In fulfillment of that obligation, the Lead Agency disseminated the NOC and/or forwarded printed or electronic copies of the DEIR to the Governor's Office of Planning and Research, in that agency's role as State Clearinghouse (SCH), to those responsible and trustee agencies identified in the DEIR, to County departments and districts, to other stakeholders, and to the local branch of the Los Angeles County Public Library. Both the DEIR and NOC were submitted to the SCH on August 24, 2006, commencing a 45 -day comment period on the DEIR. The State agency comment period, as established by the SCH, concluded on October 10, 2006. The NOC was concurrently posted in the Office of the County Clerk. A list of agencies and other parties receiving the DEIR and NOC, in printed and/or in electronic format, is presented in Appendix III -A (Draft Environmental Impact Report and Notice of Completion Document Distribution List). In addition, pursuant to -Section 21092.5(x) of CEQA, at least ten days prior to its consideration of certification of the FEIR, the Lead Agency provided its written proposed response to public agencies on comments made by those agencies conforming to CEQA requirements. in compliance with that obligation, the Lead Agency provided all public agencies that submitted written comments on the DEIR with a minimum ten-day period to consider the Lead Agency's draft responses prior to consideration of the FEIR by the City's decision-making body. 1.4 Incorporation of Comments All written comments submitted to the City in response to the dissemination of the NOC and the DEIR are included in Appendix III -B (Comment Letters). For ease of reference, all correspondence has been categorized according to the type of entity and the date each comment was received by the Lead Agency. In so categorizing the comments received on the NOC and DEIR, it has not been the City's intent to suggest any prioritization as to those comments or to suggest, in any fashion, that one comment is provided more or less weight that any other comment. The intent of this categorization is merely to facilitate the review and consideration of written comments by the advisory and decision-making bodies of the Lead Agency, by other responsible agencies, and by the general public. Each comment letter has been assigned a number, denoting. the sequence in which those communiques are addressed herein. Individuals seeking to compare each comment with the Lead Agency's draft response can, therefore, locate each correspondence by the number which has been assigned. The separate comments that are presented in each communique have also been numbered for ease of reference. For example, reference to Comment No. 1-5 denotes Comment No. 5 in Letter No. 1. Table 1-1 (List of Commentors) provides a summary of all November 2006 Page 1-2 Response to Comments Section 1.0: Introduction 7,0 A' _'1:Z9 South Pointe West City of Diamond Bar, California parties that submitted written comments to the Lead Agency with regards to the DEIR and indicates the corresponding reference number that has been assigned each communique. Table 1-1 LIST OF COMMENTORS State Clearinghouse Terry Roberts, Director Office of Planning and Research Governor's State Clearinghouse October 11, 2006 October 16, 2006 1 1400 Tenth Street P.O. Box 3044 Sacramento, California 95812-3044 Terry Roberts, Director Office of Planning and Research Governor's State Clearinghouse October 16, 2006 October 23, 2006 2 1400 Tenth Street P.O. Box 3044 Sacramento, California 95812-3044 Areawide Clearinghouse Laverne Jones, Planning Technician Southern California Association of Governments September 28, 2006 September 29, 2006 3 818 West Seventh Street, 12' Floor Los Angeles, California 90017-3435 Federal Agencies Aaron O. Allen, Ph.D., Chief United States Department of the Army Los Angeles District, Corps of Engineers September 28, 20D6 October 3, 2006 4 North Coast Section — Regulatory Branch P.O. Box 532711 Los Angeles, California 90053-2325 State Agencies Rosa Munoz, PE, Utilities Engineer State of California - Public Utilities Commission Rail Crossing Engineering Section October 2, 2006 October 3, 2006 5 Consumer Protection and Safety Division 320 West 4t' Street Los Angeles, California 90013 Michael J. Mulligan, Deputy Regional Manager State of California —The Resources Agency October 10, 2006 October 13, 2006 6' Department of Fish and Game 4949 Viewridge Avenue San Diego, California 92123 County Departments and Districts Ruth I. Frazen, Engineering Technician County Sanitation Districts of Los Angeles County September 25, 2006 September 26, 2006 7 Finance & Property Management Section 1955 Workman Mill Road (P.O. Box 4998) Whittier, California 90607-4998 Rossana D'Antonio, Assistant Deputy Director Department of Public Works County of Los Angeles — October 5, 2006 October 11, 2006 g Land Development Division 900 South Fremont Avenue Alhambra, California 9 1 80 3-1 331 November 2006 Response to Comments�yi _� Page 1-3 Section 1.0: Introduction South Pointe West City of Diamond Bar, California Table 1-1 (Continued) LIST OF COPVIMEIi-r-in Commentor 't Letter Dated' LeiterRe;eived: ; = Water District Sheryl L. Shaw, P.E - Engineering and Planning Manager 9 Walnut Valley Water District 271 South Brea Canyon Road September 28, 2006 September 29, 2006 P.O. Box 508 Walnut, California 91789-3002 Notes: 1. Late comments received after the published closure date of the noticed comment period. I The Department's draft response to each of these letters is presented in Section 3.2 (Response to Comments) herein. Any recommended revisions or other modifications to the information and analysis presented in the DEIR are identified under each written response. Revisions to the DEIR are identified through the use of cress -e+ (denoting deletions) and underlining (denoting additions). Underlining is also used throughout this document to identify specific chapter, section, comment, and response numbers. In that latter context, use of underlining is not intended to represent revisions to the DEIR. Unless otherwise noted, all page references herein are to the DEIR. Based on the Departments evacuation of the comments received and its continuing independent analysis of the proposed project, the Department's recommended changes, revisions, and other modifications to the DEIR are presented in Section 2.2 (Changes, Revisions, and Other Modifications). 1.5 Independent Judgment The Lead Agency has thoroughly considered each of the comments received and has formulated a technical response to each of the issues, concerns, and inquires raised in written correspondence submitted to the Lead Agency with regards to the proposed project. The information and analysis presented in this RTC, in combination with that presented in the DEIR, reflects the independent judgment of the Lead Agency relative to the direct, indirect, and cumulative environmental impacts attributable to the proposed project. November 2006 Page 1-4 Response to Comments /O _�{� Section 1.0: Introduction South Pointe West City of Diamond Bar, California 2A Introduction to Changes, Revisions, and Modifications Based on the comments received by the Lead Agency during the noticed comment period, as separately by the Lead Agency and by the State Clearinghouse (SCH), the City has augmented the information and analysis presented in the DEIR in response to those comments and the Lead Agency's continuing technical analysis of the proposed project. The changes, revisions, and other modifications to the DEIR identified herein serve only to clarify and augment the information and analysis previously provided by the Lead Agency. None of the additional n of information presented herein constitute 150818.5 of thestantial new information" state CEQA Guidelines. pRec Recirculation of the ing recirculatiDEIR the DEIR pursuant to Sec is not required when the new information merely clarifies or amplifies or makes insignificant modifications to an otherwise adequate document. The additional information presented herein fails to meet the standard for recirculation presented in the State CEQA Guidelines. 2.2 Changes, Revisions, and Other Modifications Based on written changes,ntrev revisions, and eived on h other lRmodifications and the d are nhereby sprecommended. the following t m� +s and recommended Recommended deletions are identified through the use of additions to the document's text are rods to the through the use of underlining. Unless otherwise noted, page references areregards Section 1.8: Agencies, Organizations, and Individuals Associated with the Proposed Project (p. 1-15) The following additional responsible agency has been identified and is added to Table 1 (Agencies, Organizations, and Individuals Associated with the Proposed Project) in the DEIR Table 1 AGENCIES, ORGANIZATIONS, AND INDIVIDUALS nSSnCIATED WITH THE PROPOSED PROJECT Walnut Valley Water District SheNl__ __Sham P.E Potential Engineering and Planning Manager 271 South Brea Canyon Road Responsible Agencies P.O. Box 506 (90915 95-126$ Section 4.4.3: Hydrology and Water Quality — Impact Analysis (p. 4.4-22) The following typographical error has been identified: Cumulative Impact 4-55. The project's implementation and that of other development projects could adversely impact receiving surface or groundwater quality, create hydrologic impacts that could result in significant adverse impacts to natural drainage systems, and adversely affect opportunities for groundwater recharge. November 2006 Response to comments r¢ Page 2-1 Section 2.0: Changes, Revisions, and Other Modifications South Point West City of Diamond Bar, California Section 4.5.4: Biological Resources = Project Conditions and Mitigation Measures (p. 4.5- 39) The following additional "project condition" is added to Section 4.5.4 (Project Conditions and Mitigation Measures) in Section 4.5 (Biological Resources) in the DEIR: �� a Duni duuu sites and a performance schedule addressing the survivability of replacement. species, shall be submitted to and when deemed acceptable accepted by the ('.rtv of niamn rl R -rM ,.__ ._._ _ --.. .. _ _....,.,., .. a a�.�cu U I U USB❑ grading operations and fuel modification requirements Woodlands restoration efforts shall include the use of locally colfected 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 or-minq shall ha m ;+ .J .J other financial instrument acceptable to the City Attorney sufficient to cover the costs of reguired mitigation and monitoring Section 4.6.3: Transportation and Circulation — Impact Analysis (p. 4.5-57) The following typographical errors have been identified: For the purpose of this traffic impact analysis, the discussion of potential cumulative traffic impacts has been incorporated into the analysis of project plus ambient growth plus related project impacts. As indicated in Table 4.6-10 (Year 204520 Peak -Hour Intersection Capacity Analysis), the following nine intersections are projected to operate at LOS "E" or "F" under Year 2040920 cumulative conditions: (1) Fairway Drive/Brea Canyon Cut -Off Road/Colima Road (AM peak hour and PM peak hour); (2) Lemon Avenue/Valley Drive (AM peak hour and PM peak hour); (3) Lemon Avenue/Golden Springs Drive (PM peak hour); (4) Brea Canyon Road/Washington Street (AM peak hour); (5) Brea Canyon Road/SR-60 WB Ramps (AM peak hour and PM peak hour); (6) SR -60 EB Ramps/Golden Springs Road (AM peak hour and PM peak hour); (7) Brea Canyon Road/Golden Springs Drive (AM peak hour and PM peak hour); (8) Brea Canyon Road/Pathfinder Road (PM peak hour); and (9) Brea Canyon Cut -Off Road/Pathfinder Road (AM peak hour and PM peak hour). Although the project will not significantly impact any of the study area intersections, on a cumulative basis, the project will contribute to the adverse service level at those nine intersections. Based on Year 204520 Cumulative Conditions, a number of planned or recommended improvements have been identified and are outlined in Table 4.6- 11 (Summary of Planned Improvements). Each related project's payment of a fair -share contribution toward those improvements or, as appropriate, the November 2006 Page 2-2 Response to Comments Section 2.0: Changes, Revisions, and Other Modifications A -(ot South Pointe West City of Diamond Bar, California implementation of the identified intersection improvements themselves, provides a mechanism for later projects to contribute toward improvements to the area's roadway network in proportion to each related project's impacts thereupon. Section 4.6.4: Transportation and Circulation — Project Conditions and Mitigation Measures (p. 4.5-59) The following additional "project condition" is added to Section 4.6.4 (Project Conditions and Mitigation Measures) in Section 4.6 (Transportation and Circulation) in the DEIR: Project Condition No. 6-9:....,A stacking length sufficient to accommodate at least ----A ;- front of tha nrnnnRAri Section 4.10.1.3 — Utilities and Service Systems - Regulatory Setting (p. 4.10-2) The following minor change is made to Section 4.10.1.3 (Local Setting) in Section 4.10 (Utilities and Service Systems) in the DEIR: Existing utilities located in the general project area include, but are not necessarily limited to: (1) Sewer — an existing 8 -inch diameter VCP line draining in a southerly direction along Morning Sun Avenue and westerly on Sheppard Hills Road; (2) Water— an existing 6 -inch diameter AC pipe serving Morning Sun, Sheppard Hills, and Chapel Drive and connecting to an existing 12 -inch diameter line in Walnut Lead Drive ad) and an existing 12 -inch diameter AC line serving Lakrstone Drive and extending to Black Hawk Drive; (3) Sewer — an existing 8 -inch diameter VCP line draining in a westerly direction towards Black Hawk Drive. Section 8.0 — References (p. 8-7) Although utilized in the preparation of the transportation and circulation section of the DEIR, the following traffic impact assessment guidelines was not explicitly cited therein: Los Angeles County Public Works Traffic Impact Analysis Report Guidelines January 1, 1997. November2006 Response to Comments j' ( f Page 2-3 Section 2.0: Changes, Revisions, and Other Modifications South Point West City of Diamond Bar, California This page intentionally left blank. November 2006 (� Response to Comments Page 2-4 'Z ILP A Section 2.0: Changes, Revisions, and Other Modifications South Pointe West City of Diamond Bar, California 3.1 introduction to Response to Comments The Lead Agency's written response to those written comments received by the Lead Agency during the noticed comment period, as established by the NOC, including late comments, are presented herein. Preceding the City's response to each comments is the corresponding text of the comment letter to which the response is provided. It should be noted, however, that a response to all comments is neither required under CEQA nor, at times, appropriate based on the specific nature of the stated comment or expressed concern. Responses have been provided by the Lead Agency to only those comments that are raised with regards to environmental issues associated with the proposed project, including any cumulative impacts that may be associated therewith. Comments that do not specifically address an environmental issue do not require a technical response under CEQA or the State CEQA Guidelines. All of the referenced comment letters received by the Lead Agency both during and following the close of the noticed comment period have been included herein. Each letter has been notated to assist the reviewer in identifying the referenced comment and to facilitate a comparison between the stated comment and the Lead Agency's written response. As illustrated in Appendix III -B (Comment Letters), each of the written comments received by the Cityhave been separately numbered (e.g., Letter No. 1, Letter No. 2, and Letter No. 3). A vertical line and corresponding comment number has been included on each letter to identify those comments that are expressly addressed herein. Each statement, comment, or question raised in those letters addressing an environmental aspect of the proposed project have been numbered (e.g., Comment No. 1, Comment No. 2, and Comment No. 3) to provide a cross-reference between the comment and the Lead Agency's response. For example, reference to "Comment No. 3-2" indicates Letter No. 3 and Comment No. 2 therein. 3.2 Response to Comments Letter No. 1 (Letter dated October 11, 2006) Terry Roberts, Director Governor's Office of Planning and Research State Clearinghouse 1400 Tenth Street P.O. Box 3044 Sacramento, California 95812-3044 Comment 1-1 The State Clearinghouse submitted the above named Draft EIR to selected State agencies for review. The review period closed on October 10, 2006, and no State agencies submitted comments by that date. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process. If you have a question about the above-named project, please refer to the ten -digit State Clearinghouse number when contacting this office. Response 1-1 The State Clearinghouse acknowledges that the City has fully complied with the noticing and outreach obligations specified under CEQA and the November 2006 Response to comments — Page 3-1 Section 3.0: Response to comments South Point West City of Diamond Bar, California State CEQA Guidelines. No further response to this comment is required or recommended. Letter No. 2 (Letter dated October 16, 2006) Terry Roberts, Director Governor's Office of Planning and Research State Clearinghouse 1400 Tenth Street P.O. Box 3044 Sacramento, California 95812-3044 Comment 2-1 The enclosed comment(s) on your Draft EIR was (were) received by the State Clearinghouse after the end of the State review period, which closed on October 10, 2006. We are forwarding these comments to you because they provide information or raise issues that should be addressed in your final environmental document. The California Environmental Quality Act does not require Lead Agencies to respond to late comments. However, we encourage you to incorporate these additional comments into your final environmental document and to consider them prior to taking final action on the proposed project. Please contact the State Clearinghouse at (916) 445-0613 if you have any questions concerning the environmental review process. If you have a question regarding the above-named project, please refer to the ten -digit State Clearinghouse number (2005111118) when contacting this office. Response 2-1 The referenced "late comments" refer to correspondence, dated October 10, 2006, submitted to the State Clearinghouse by the California Department of Fish and Game (CDFG). Although the City recognizes that it is not required to consider late comments, with regards to projects which are subject to CEQA, the City further recognizes that the goal of CEQA is to ensure adequate consideration of the potential environmental effects of its contemplated actions. As such, the Lead Agency has included the CDFG letter below (Letter No. 6) and has provided a written response to each of the items raised therein. Letter No. 3 (Letter dated September 28, 2006) Laverne Jones, Planning Technician Southern Califomia Association of Governments 818 West Seventh Street, 12th Floor Los Angeles, California 90017-3435 Comment 3-1 Thank you for submitting the South Pointe West Specific Plan Vesting Tentative Map No. 063623 for review and comment. As areawide clearinghouse for regionally significant projects, SCAG reviews the consistency of local plans, projects and programs with regional plans. This activity is based on SCAG's responsibilities as a regional planning organization pursuant to State and federal laws and regulations. Guidance provided by these reviews is intended to assist local agencies and project sponsors to take actions that contribute to the attainment of regional goals and policies. Wee have reviewed the South Pointe West November 2006 Response to Comments Page 3-2, 1 'lfl6Z Section 3.0: Response to Comments South Pointe West City of Diamond Bar, California Specific Plan Vesting Tentative Tract Map No. 063623, and have determined that the proposed project is not regionally significant per SCAG Intergovernmental Review Criteria and California Environmental Quality Act Guidelines. Therefore, the proposed project does not warrant comments at this time. Should there be a change in the scope of the proposed project, we would appreciated the opportunity to review and comment at this time. Response 3-1 SCAG indicates that the proposed project is not a project of "Statewide, regional, or areawide significant" and is, therefore, not subject to the notification provisions of Section 15206 or the meeting requirements of Section 15082(,)(1). ust Comment.3-2 A description of the proposed 16-31, 2006 Intergovernmental pRev Review Clearinnghouroject was senRReport for Apublic review and comment. Response 3-2 Publication in SCAG's "Intergovernmental Review Clearinghouse Report" provides additional notice to other governmental entities and interested stakeholders. Comment 3-3 The project title and SCAG Clearinghouse number should be used in all correspondence with SCAG concerning this -project. Correspondence should be sent to the attention of the Clearinghouse Coordinator. If you have any questions, please contact me at 9213) 236-1857. Thank you. Response 3-3 This comment is acknowledged. The City wishes to extend its appreciation to SCAG for its letter and inclusion in its August 16-31, 2006 "Intergovernmental Review Clearinghouse Report" Letter No.,4 (Letter dated September 28, 2006) Aaron O. Allen, Ph.D., Chief United States Department of the Army Los Angeles District, Corps of Engineers North Coast Section — Regulatory Branch P.O. Box 532711 Los Angeles, California 90053-2325 Comment 4-1 Thank you for the opportunity to comment on the project referenced above. Based on our preliminary review of the information submitted, we have, determined that the proposed project may require a U.S. Army Corps of Engineers permit. A Corps of Engineers permit is required for the discharge of dredged or fill material into, including any redeposit of dredged material within, "waters of the United States" and adjacent wetlands pursuant to Section 404 of the Clean Water Act of 1972. Specifically, the development of dwelling units and a neighborhood park associated with the project may entail discharge of fill into waters of the United States. If you or the project proponent have any questions, please contact Ms. Phuong H. Trinh of my staff at (213) 452-3372. Please refer to this letter and 200601800-PHT in your reply. rA A � November20063-3 Response to Comments -7, lL Page 3-3 Section 3.0: Response to Comments South Point West City of Diamond Bar, California Response 4: 1 The DEIR identifies and describes the need for the Applicant to obtain a "nationwide permit pursuant to Section 404 of the CWA from the United States Army Corps of Engineers" (p. 2-29) and provides a preliminary quantification of jurisdictional waters (pp. 4.5-25 through 4.5-27). Letter No. 5_(Letter dated October 2, 2006) Rosa Munoz, PE, Utilities Engineer State of California - Public Utilities Commission Rail Crossing Engineering Section Consumer Protection and Safety Division ' 320 West 4t' Street Los Angeles, California 90013 Comment 5-1 As the State agency responsible for rail safety within California, we recommend that any development projects planned adjacent to or near the Union Pacific Railroad Company right-of-way be planned with the safety of the rail corridor in mind. New developments may increase traffic volumes not only on streets and at intersections, but also at at -grade highway crossings. This includes considering pedestrian circulation patterns/destinations with respect to railroad right-of-way. Safety factors to consider include, but are not limited to, the planning for grade separations for major thoroughfares, improvements to existing at -grade highway -rail crossings due to increase in traffic volumes and appropriate fencing to limit the access of trespassers onto the railroad right-of-way. The above-mentioned safety improvements should be considered when approval is sought for the new development. Working with Commission staff early in the conceptual design phase will help improve the safety to motorists and pedestrians in the City. Please advice us on the status of this project. If you have any questions in this matter, please contact me at 9213) 576-7078 or at rxm@cpuc.ca.gov. Response 5-1 The City shares with the CPUC the concern for public safety along railroad rights-of-way and at intersections. The project is not, however, located in reasonable proximity to an existing Union Pacific Railroad Company (UPRR) right-of-way. Similarly, the project is not expected to generate a significant volume of traffic along roadways with existing at - grade UPRR crossings where improvements would be in the jurisdiction of the City. Letter No. 6 (Letter dated October 10, 2006) Michael J. Mulligan, Deputy Regional Manager State of California — The Resources Agency Department of Fish and Game 4949 Viewridge Avenue San Diego, California 92123 Comment 6-1 The Department of Fish and Game (Department) has reviewed the above -referenced Draft Environmental Impact Report (DEIR), which we received on August 16, 2006, and have identified potential effects of this project on biological resources. The Department is a trustee agency and November 2006 PaResponse to Comments 9 -7,&A Section 3.0: Response to Comments South Pointe West City of Diamond Bar, California a responsible agency pursuant to the California Environmental Quality Act, 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. The 42.12 -acre South Pointe West site is located south of the State Route 60 Freeway and west of the State Route 57 Freeway in the City of Diamond Bar. The project site includes the undeveloped slopes south of Larkstone Drive, north of Peaceful Hills Road, and east of Morning Sun Avenue. The proposed project includes the construction of 99 single- family detached condominiums, the establishment of a stockpile site, and the development of a neighborhood park. Impacts associated with the project are divided into in -track (i.e., on site) and off-site impacts to distinguish between the proposed condominium development and the off- site area for the stockpile and the park. The in -tract component includes 31.43 acres of tentative tract map area composed of 24.6 acres of public land belonging to the Walnut Valley School District, and 6.8 acres of privately owned land. The off-site component of the project includes 10.69 acres which consists of 7.45 acres to be used as a stockpile site for spoils from the development of the condominiums and 4.68 acres for the neighborhood park. The proposed project is located within undeveloped canyon slopes surrounded by dense residential development on three sides. The remaining off-site open space on the canyon slopes is located to the east of and adjacent to the proposed park location. The canyon is also marginally connected to the open space associated with Brea Canyon, south of Pathfinder Road. Development of the proposed project would impact the vegetation communities and acres listed in the table below. in addition to vegetation impacts, the project will impact 45 coast live oak trees and one willow tree. The Department offers the following comments and recommendations based on the information included in the MND [sic], our general knowledge of the biological resources in the County, and information obtained during a site visit on September 6, 2006, attended by the Department (Erinn Wilson and Naeem Siddiqui), the City (Sandra Campbell), PCR Consulting (Jason Berkley), and the applicant Response 6-1 This comment provides CDFG's independent synopsis of the information presented in the DEIR and an introduction to the comments that follow. No further response to this comment is required or recommended. Comment 6-2 Discrepancies Among the Reported Site and Impact Acreage. The above table summarizes information included in the DEIR Table 4.5-2 (page 4.5- 9). The biological evaluation identifies a total of 44.B0 acres on the. project site while the DEIR (Introduction page 1-1) describes the site as a total 42.12 gross acres. Furthermore, the addition of 33.80 (i.e., acres of impact) and 6.00 (i.e., acres preserved) agrees with no total acreages. tNovember 2006 Response to comments vjPage 3-5 Section 3.0: Response to Comments lSi G South Point West City of Diamond Bar, California Nor does 33.80 equal the addition of 25.20 and 13.50. The narrative of the DEIR also contains discrepancies among the acreages of the project components. We endeavored to reconcile these discrepancies in our description of the project in this letter. The Department requests clarification of project site and impact acreages for all on- and off-site project components. The Final MND [sic] should provide corrected values and any necessary corrections in mitigation acreages. Prolect Imnar:fic to \/anatatinn ('r,- Plant Community Total Existing Acreage Total On -Site Acres to be Lost Total Off -Site Acres to be Lost Total Acres to be Lost Total Acres to be Preserved California Sage brush Scrub 7.20 6.40 0.20 6.60 0.60 Mixed Chaparral 6.80 0.70 3.10 3.8 3.00 Mixed Chaparall/Ruderal 0.40 0.00 0.40 0.40 0.00 Southern Willow Scrub3 0.30 0.10 0.00 0.10 0.10 Mule Fat Scrub 1.20 0.80 0.40 1.20 0.00 Mule Fat Scrub/Ruderal 7.10 3.40 3.50 6.90 0-220- .20Coast CoastLive Oak Woodland 0.90 0.50 0.00 0.50 0.40 Mexican Elderberry Series 0.10 <0.1 0.00 <0.10 0.10 DevelopedlDisturbed/ Ruderal/Ornamental 20.8 9.60 6.00 19.30 1.50 Totals 44.80 25.20 13.50 38.8 6.06 Response 6-2 It is noted that the table contained in the CDFG comment is not excerpt from the DEIR but has been independently developed by the CDFG. Neither the DEIR nor the Applicant's biological resource assessment (BRA) make reference to "33.80" acres. That figure appears to represent an unintended typographical error rather than a fact -based assertion as to the estimated acreage of impact. The BRA was based on field surveys conducted in 2004 and 2005, based on an Applicant -submitted project boundary map that was formulated prior to April 2004. Since that time, the project boundaries have been refined by the Applicant, the park acreage has been modified, and the size of the potential stockpile site has been reduced. The dynamic nature of the project, as reflected in the changes in the project boundaries resulting from ongoing engineering studies, is not reflected in the static acreage represented in the biological assessment which included 13.5 off-site acres that would be impacted as a result of the park site and stockpile area. The Applicant has since reduced the area required for the stockpile area, such that the off-site impacts now total 10.69 acres (3.24 acres for the park site and 7.45 acres for the stockpile area), a reduction of 2.81 acres from the acreage represented in the impact analysis. Page November2006 Response to Comments ge 3-6 `to A --�j Section 3.0: Response to Comments South Pointe West City of Diamond Bar, California Comment 6-3 The Department does not agree with the conclusion in the DEIR (page 4.5-25) which states, "Although coastal sage scrub is a community found only in southern California and has been identified as a habitat that supports a number of protected species, neither coastal sage scrub (CNDDB,Code 31.300.00) nor California sagebrush scrub (CNDDB Code 32.010.00) have been identified as communities that are either known or believed to be of high priority habitats by the CNDDB. Similarly, mule fat scrub (CNDDB Code 63.510.00) and coast live oak woodland (CNDDB Code 71.060.00) are not designated as high priority habits by the CNDDB. With the exception of southern willow scrub, none of these habitat types are protected. As a result, direct impacts to these plant communities, would be less then significant" Response 6-3 As indicated in the DEIR (pp. 4.5-6 and 4.5-8), the classification of the plant communities was based on the Department's "The Vegetation Classification and Mapping Program List of California Terrestrial Natural Communities Recognized by the Natural Diversity Database" (September 2003 Edition). The primary purpose of the CNDDB classification is to identify the location and determine the significance and rarity of various vegetation types. On the list, CNDDB communities noted with an asterisk denote communities that are either known or are believed to be of high priority for inventory by the CNDDB. None of the referenced in the DEIR (i.e., coastal sage scrub, California sagebrush scrub, mulefat scrub, and coast live oak woodland) is denoted with an asterisk. In determining the significance of the proposed impacts to these plant communities, the City sought to follow the guidance of CEQA and the State CEQA Guidelines which states that impacts to biological resources would be considered potentially significant if the proposed project would "have a substantial adverse effect on a riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFG or USFWS" (p. 4.5-18). A "substantial adverse effect" is defined in the DEIR to mean "a significant loss or harm of a magnitude that, based on current scientific data and knowledge: (1) would cause a species or a native plant or animal community to drop below self-perpetuating levels on a Statewide or regional basis; (2) would cause a species to become threatened or endangered; (3) substantially reduce population numbers of a listed, candidate, sensitive, rare, or other special status species; or (4) eliminate or substantially impair the functions and values of a biological resource in a geographic area defined by interrelated biological components and systems' (p. 4.5-18). . The DEIR's conclusions regarding impacts upon the California sagebrush scrub and mule fat scrub communities were based on the following project -specific factors, as measured against the identified. threshold of significance standards: (1) the small amount of habitat is isolated, noncontiguous, and surrounded by development; (2) the California sagebrush scrub and mule fat scrub is artificial in origin, has poor species diversity, and quality; (3) the focused surveys for the coastal California gnatcatcher conducted during the non -breeding season of 2004 and November 2006 Response to comments^ V� n / Page 3-7 Section 3.0: Response to Comments L! (� LLi South Point West City of Diamond Bar, California during the breeding season of 2006 were negative; and (4) the project site is not located within designated or proposed critical habitat for the coastal California gnatcatcher. When measured against regional data obtained from the USGS GapAnalysis, the loss of approximately 6.6 acres of California sagebrush scrub represents 0.000013 percent of the - total sage scrub communities in the region. Additionally, the loss of approximately 0.5 acre of coast live oak woodland represents 0.0002 percent of oak. woodland communities in the region. Impacts upon those Plant communities are, therefore, ess then significant. No evidence was developed by the City that impacts to any of the identified plant communities would result in a substance adverse effect on biological resources. In addition, since the CDFG's most recently published "List of California Terrestrial Natural Communities Recognized by the Natural Diversity Database" is the widely used and recognized inventory for communities categorized as "high priority for inventory" and since none of the referenced plant. communities were so designated (p. 5.4-25), the Lead Agency's preliminary findings are supported by factual evidence. Information concerning the 2006 focused coastal California gnatcatcher survey is presented in Appendix III -C (2006 Focused Coastal California Gnatcatcher Survey). Comment 6-4 Coastal Sage Scrub. The Department considers impacts to 6.60 acres of coastal sage scrub significant. The purpose of mitigation, according to CEQA, is to lower project -related impacts to below a level of significance. The Department requires mitigation for coastal sage scrub within Los Angeles and Orange County at a ratio of 2:1 or 1:1 depending on its quality and location to compensate for the loss of coastal sage scrub. Response 6-4 It is recognized that a community can be considered sensitive based on its ability to support sensitive species. It is further recognized that California sagebrush scrub has been identified as a habitat that can support a number of sensitive species including the coastal California gnatcatcher. As indicated in the DEIR, focused coastal California gnatcatcher (CGN) surveys were conducted and did not reveal the presence of CGN on the project site. In addition, focused sensitive plant surveys were conducted during the spring and summer of 2005, which included several species that occur within sage scrub habitats. As documented, no coastal CGN or sensitive plant species (with the exception of one California black walnut) were observed during the focused surveys. The California sagebrush scrub occurs primarily on the manufactured terraced slopes containing the V -ditches. These V -ditch slopes were created as part of remediation activities for the May 1995 landslide. As part of remediation activities, these slopes were hydroseeded in order to prevent further erosion, not for the purpose of restoration. November2006 Response to Comments Page 378 —7 /L r 7� Section 3.0: Response to Comments South Pointe West City of Diamond Bar, California The species composition of the California sagebrush scrub on the project site is artificial in origin, low in diversity, and very monotypic, containing a high percentage cover of California sagebrush (Artemisia calif0rnica), purple sage (Salvia Ieucophylla), and California bush sunflower (Encelia californica). The graded slopes (10.8 acres) and pads (5.8 acres) were landscaped with native, drought -tolerant vegetation. As part of remediation activities, these slopes were hydroseeded to prevent further erosion and not as restoration. Areas surrounding the project site do not contain California sagebrush scrub communities but rather mixed chaparral. From this, it can be concluded that California sagebrush scrub did not historically occur on the project site and was introduced as a result of the remedial hydroseeding activities. The DEIR'.s conclusions regarding impacts upon the California sagebrush scrub community were based on the following project -specific factors, as measured against the identified threshold of significance standards: (1) the small amount of California sagebrush scrub is isolated, noncontiguous, and surrounded by development; (2) the California sagebrush scrub is artificial in origin, has poor species diversity; and quality; (3) the focused surveys for the coastal California gnatcatcher and sensitive plant surveys were negative; and (4) the project site is not located within designated or proposed critical habitat for the coastal California gnatcatcher. Because California sagebrush scrub is artificial in origin, has poor species diversity and quality, and is not considered. sensitive, impacts are not considered significant. No evidence was developed by the City that impacts to California sagebrush scrub would result in a substance adverse effect on biological resources. No .mitigation is required or warranted under CEQA. The information presented in the DER supports that determination. Comment 6-5 Oaks and Oak Woodland. The Department considers impacts to 45 oak trees and 0.50 acre of oak woodland significant. The Department requires that the loss of individual oaks and oak woodland habitat to be mitigated in a manner that preserves habitat functions and values. In addition to the 45 oak trees that the DER requires to be replaced, impacts to 0.50 acre of coast live oak woodland habitat should also be fully mitigated. Plantings should occur at appropriate spacing to assure the preservation of the integrity of the woodland habitat. To do so, additional acres of plahting might be required off the project site to accommodate all the replacement trees. Woodland restoration should use locally collected acorns or saplings grown from collected acorns. Appropriate understory species should be included in the mitigation plan, to enhance structural diversity of the mitigation site. The mitigation sites should be monitored and managed for a minimum of five years to ensure success of the restoration effort. Response 6-5 Since oak woodlands are not identified as "high priority for inventory" under the CNDDB and. are, therefore, not a sensitive plant community, project -related impacts upon that community do not meet the threshold November 2006 Response to comments Page 3-9 Section 3.0: Response to Comments A - South Point West City of Diamond Bar, California criteria of having "a substantial adverse effect on a riparian habitat or other sensitive natural community .identified .in local or regional plans, policies, regulations, or by the CDFG or USFWS" (p. 4.5-18). In addition, as acknowledged by the CDFG, the project site is nearly surrounded by development, thus isolating the habitat and making it less -viable for -- - species occupation. The foss of about 0.5 acre of coast live oak woodland represents a 0.0002 percent loss of the total oak woodland communities in the region. As indicated in the DER (pp. 4.5-26 through 4.5-30), the City's tree preservation and protection ordinance requires that protected trees be mitigated and replaced at a minimum ration of 3:1 for residential parcels. A condition of approval (Project Condition No. 5-2) is included in the DER to ensure compliance with the obligations and the intent of that ordinance. Based on the ordinance's requirements, the DER concluded that impacts on protected trees would be less than significant. Since the ordinance does not specific address the plant community created by those trees, in response to the Department's comments, the following additional condition of approval is recommended. Proiect Condition No 5-5 Prior to the issuance of a grading permit, a coast live oak woodlands mitigation plan including both the identification of a mitigation sites) 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. 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 coast live oak woodland habitat located on the project site The required mitigation shall be prepared by a licensed biologist and shall provide for a not - less -than. 1:1 mitigation for coast live oak woodlands jmpacted by proposed grading operations and fuel modification requirements Woodlands restoration efforts shall include the use of local) 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_ Comment 6-6 Mulefat Scrub. The Department considers impacts to 8.10 acres of mulefat scrub (including mulefatlruderal) significant. Mulefat scrub is considered a wetland vegetation community, and the Department has a "no -net -loss" policy on wetlands; therefore, the Department would require mitigation for loss of mulefat scrub. Due to the extensive disturbance of the site's hydrology, it is. difficult to determine where the limits of Department jurisdiction would have been and it appears some of the November 2006 Response to Comments Page 3-10 Section 3.0: Response to Comments South Pointe West City of Diamond Bar, California slope might have been hydroseeded with mulefat. The Department requests a history of the site disturbances to determine when and what activities occurred to better understand the impacts of the hydrology. The final MND [sic] should require mitigation that we have identified above. Response 6-6 The recent history of the project site is briefly discussed in the NOP and DEIR, including the remediation activities undertaken in response to May 1995 and February 2005 landslides. Additional information is presented in Response No. 6-7 below. As with the California sagebrush scrub, mulefat scrub primarily occurs in association with the manufactured V -ditched slopes or the terraced areas between the V -ditched slopes. It should be noted that mulefat can be considered a wetland vegetation community because it is often associated with riparian areas; however, the occurrence of this community on the project site is not associated with any of the drainage courses and was on the seed list for hydroseeding to remediate the May 1995 landslide. Based on the evidence that the mulefat was hydroseeded and the fact that this community was not found in association with any of the drainages courses, the mulefat scrub is not considered a wetland vegetation community and impacts are less than significant. Comment 6-7 Lake and Streambed Alteration Agreement. The proposed project would require a Streambed Alteration Agreement, pursuant to Section 1600 at 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 substantially change the bed, channel, or bank (which may include associated riparian resources) of a river, stream or lake, or use material from a streambed. The DEIR states on page 4.5-6 that, "Following the 1995 landslide, substantial remedial grading was conducted on the project site. Between May 1995 and October 1997, the western portion of the property was subject to extensive geotechnical investigation and earthwork." It also appeared during the site visit that extensive earth moving activities have severely altered the hydrology and vegetation of the eastern portion of the site as well. The DEIR does not identify the sediment detention basin on the eastern portion of the site. It appears that the detention basin receives flows from an on-site drainage observed during the site visit. However, the project's wetland delineation does not include this drainage. The DEIR (Figure 4.5-5) shows jurisdictional drainage B as underground in the central portion of the project site. The presences of the concrete spillway within the center of the site, and the presence of hydrology downstream of the spillway indicate surface flow which could .be within the jurisdiction of the Department. Impacts associated with undergrounding the drainage, and the installation of the sediment detention basin would have required an LSAA by the Department. November 2006 Response to Comments f -7 Page 3-11 Section 3.0: Response to Comments l C� South Point West City of Diamond Bar, California Additionally, mitigation would have been required for any impacts to jurisdictional areas. For the Department to adequately assess the impacts of the proposed project and the prior activities which would have required an LSAA the Department requests: (a) information as to the nature of the past activities; (b) a timeline of the past activities; (c) any LSAA permit received related to the activities; and (d) any mitigation required for the activities. If the past activities within the jurisdiction of the Department were conducted without prior notification to the Department, the Department will require that the applicant submit notification of all previous activities prior to or in addition to, the submittal of a notification for the proposed project. Additionally, the Department requests a revised delineation report which includes the sedimentation basin and the on-site drainage be included in the LSAA Notification Package for the previous disturbances. Please contact Naeem Siddiqui (562-493-6897) if you have any questions regarding your LSAA application. Response 6-7 The Walnut Valley Unified School District (WVUSD) collectively owns two large parcels in the general project area. The eastern parcel is identified as a portion of Tract No. 35742 (Lot 33) and the western portion is identified as a portion of Tract No. 32576 (Lot 49). A portion of the western property, in addition to a number of privately owned parcels (Tract No. 32576, Lots 46-48) have been included as part of the proposed action. Portions of the eastern parcel were graded for temporary storage of surplus soil material during the construction of the South Pointe Middle School (which was completed in 1994), located directly to the north. A portion of the western parcel was used to dispose of approximately 500,000 cubic yards of soil generated during the grading of the school. In May 1995, an approximately 6.8 -acre landslide occurred on a northwest trending slope on the western limit of the property. Extensive geotechnical investigations were subsequently conducted for the WVUSD in order to develop an emergency landslide mitigation plan. Remedial geotechnical work was performed to stabilize a previously undetected landslide under the disposal fill. As a result of extensive earthmoving activities, detention basins were constructed in the western portion of the property and the central portion of a blue -line drainage (referred to as Drainage A in jurisdictional delineation report) was realigned and placed underground. The WVUSD consulted with the City and County to conduct the emergency work. Documentation is presented in a number of City and County documents, including: (1) `Resolution Proclaiming Existence of a Local Emergency" (City of Diamond Bar, May 19, 1995); (2) "City of Diamond Bar Agenda Report" (City of Diamond Bar, November 7, 1995); (3) "Response to Questions raised by Morning Sun Homeowners Pertaining to Landslide Located at Shepherd Hill and Morning Sun, Within the Westerly Portion of Diamond Bar" (City of Diamond Bar, November 7, 1995); (4) "Notice of Exemption: Excavation, Earth Moving and Grading within Lots 46, 47, 48, 49 of Tract 42576, Recorded in Book 927, Pages November 2006 f�,, j� Response to Comments Page 3-12 ,—( i V A - 11 Section 3.0: Response to Comments South Pointe West city of Diamond Bar, California 28 through 31, Records of Los Angeles County". (County of Los Angeles, .June 14, 2005); (5) "Notice of Exemption: Landslide Remediation Project on Westerly Portion of South Pointe Property" (County of Los Angeles, August 12, 2006). The ALOE was consulted regarding impacts to Drainage A, which were anticipated to occur along the entire on-site portion of the drainage. Documentation of that consultation exists in the following documents: (1) "Request for Emergency Relief/Application under 33 U.S.C. 404, Walnut Valley Unified School District, Walnut, California" (Parker, Covert & Chidester, May 25, 1995); and (2) "Request for Emergency Relief/Application under 33 U.S:C. 404, Walnut Valley Unified School District, Walnut, California" (Parker, Covert &Chidester, June15, 1995). As indicated in "Request for Emergency Relief/Application under 33 U.S.C. 404, Walnut Valley Unified School District, Walnut, California" (Parker, Covert & Chidester, June 21 1995), a Section 404 permit was determined not to be necessary. Additionally, as indicated in the "Notice of Intent to Comply with the Terms of the General Permit to Discharge Storm Water Associated with Construction Activity [WQ Order No. 92-08- DWO], Parker Covert & Chidester, 1995), the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) was consulted for a general permit to discharge storm water associated with construction activity. As documented in "Preliminary Geotechnical/Geologic Report, Morning Sun Landslide, Diamond Bar, California" (Woodward -Clyde Consulting, July 25, 1995), no other natural drainage features were affected by the remedial actions. Two flood control structures were investigated during preparation of the jurisdictional delineation presented in the DEIR as potentially regulated features. One is located in the off-site portion of the study area along the southeastern boundary (Feature 1), and the other in the on-site, northeastern portion of the study area (Feature 2). Figure RTC -1 (South Pointe West - Jurisdictional and Non -Jurisdictional Features) illustrates the location of each feature in relation to the study area. Feature 1 receives intermittent surface water from a natural stream that is jurisdictional. Since both the drainage and storm drain are located off the project site and are not affected by the proposed grading plan, they were not included in the analysis. Feature 2 is a County -maintained flood control structure (Lakestone Detention Basin) built prior to 1995. A vertical inlet pipe was constructed just south of Larkstone Road to transport sheet flow runoff generated from a small portion of the property underneath Larkstone Road and into the County's storm drain infrastructure. No lakes or streambeds, as defined by the Department, occur within the vicinity of the structure. Several features originating from the flood control access road and Larkstone Road were observed but are not considered jurisdictional because they are erosional, do not transport surface water under normal conditions, and do not support an intact riparian ecosystem. Although the November 2006 Response to CommentsL f� Page 3-13 Section 3.0: Response to Comments iC South Point West City of Diamond Bar, California basin supports a mix of non-native, invasive species and pioneer native shrubs, it would not be considered a jurisdictional aquatic resource because of its man-made origin, on-going maintenance activities, and lack of viable wildlife habitatluse, The repair work was performed as. a result of a disaster in which a state of emergency was proclaimed by the City on May 19, 1995. A "Notice of Exemption (NOE) was issued by the County on June 14, 1995 for the immediate emergency repair work. A subsequent NOE was issued by the County on August 1.2, 1995 for the landslide remediation and mitigation activities. As described in the "Summary of Available Geotechnical Information and Evaluation of Geotechnical Constrains, South Pointe West Site, Walnut Valley Unified School District, Diamond Bar, California" (Vicente Geotechnical Services, January 20, 2004), the 1995 emergency landslide activities were remediated by permanent grading solutions and the hydroseeding of approximately 10.8 acres of slopes and 5.8 acres of graded pads with native, drought -tolerant vegetation. Immediate emergency repairs are exempt from consultation requirements set forth in the California Fish and Game Code and are subject to the same conditions under CEQA. Concurrent with the emergency repairs, coordination with the CDFG is necessary. The CDFG must be notified within 14 days of the start of work. Although the City is not in receipt of any documentation evidencing formal consultation, based on the level of coordination that occurred between the WVUSD, the ACOS, and the LARWQCB regarding impacts from the emergency activities on aquatic resources, it is reasonable to assume that the Department was also notified about the earthmoving activities associated withthe undergrounding of the drainage. Since the City was not the initiating party, any additional documentation is regarding these emergency activities should be obtained from the WVUSD. If constructed in an upland area absent any then existing aquatic resources, the sediment detention basin would not have required a LSAA. A representative of the Los Angeles County Flood Control Districts indicated that the flood control structure did not require either regulatory permits for construction or compensatory mitigation for its on-going maintenance activities.' Comment 6-8 If you have any questions or comments pertaining to this letter, please contact Erinn Wilson at (562) 342-7155. Response 6-8 This comment is acknowledged. '/ Pers. communication between Jemellee Cruz (Los Angeles County Flood Control Districts) and Ryan Henry (PCR Services Corporation) on October 23, 2006. November 2006 Response Comments Page 3-14 Section 3.0: Response t Res onse to Comments `, � �. �, _, �;. .:� ...<; r South Point West City of Diamond Bar, California This page intentionally left blank. November 2006 Response to Comments Page 3-16 -voA- Section 3.0: Response to Comments South Pointe West City of Diamond Bar, California Letter No. 7 (Letter dated September 25, 2006) Ruth I: Frazen, Engineering Technician County Sanitation Districts of Los Angeles County Finance & Property Management Section 1955 Workman Mill Road (P.O. Box 4998) Whittier, California 90607-4998 Comment 7-1 The County Sanitation Districts of Los Angeles County (Districts) received a Draft Environmental Impact Report for the subject project on August 24, 2006. The proposed development is located within the jurisdictional boundaries of District No. 21. We offer the following comments regarding sewerage service: All information concerning Districts' facilities and sewerage service contained in the document is current. If you have any questions, please contact the undersigned at (562) 908-4288, extension 2717. Response 7-1 This comment is acknowledged. No additional response is required or recommended. Letter No. 8 (Letter dated October 5, 2006) Rossana D'Antonio, Assistant Deputy Director County of Los Angeles — Department of Public Works Land Development Division 900 South Fremont Avenue Alhambra, California 91803-1331 Comment 8-1 Thank you for the opportunity to provide comments on the Draft Environmental impact report for the proposed 99 -unit detached single- family condominium tract development located south of Larkstone Drive and east of Morning Sun Avenue. We offer the following comments for your consideration prior to certification of the EIR. Geology and Soils. The DEIR recommends complete removal of the Morning Sun landslide and stabilization of natural and proposed cut slopes that will expose daylighted bedding. Additionally, several recommendations from a third - party review are included in the DEIR on pages 4.3-32 and 4.3-35. From a geology and soils engineering standpoint, the proposed mitigation and third -party review recommendations are acceptable. However, the geotechnical report in Appendix II -A of the DEIR Technical Appendix from Harrington Geotechnical dated July 5, 2006, is incomplete (a few pages are missing, and the plates and cross sections were apparently not included). Therefore, we are not able to verify that the details of the proposed mitigation are adequate or meet minimum Building Code or County standards. As stated in the Geology and Soils discussion in our December 28, 2005, letter, if not properly mitigated, further landslides could result in additional damage to County and Los Angeles County Flood Control District infrastructure. Therefore, any geotechnical work and plans for repair of our infrastructure must be submitted to Public Works for review and approval. November 2006 Response to Comments- 7 -7 Page 3-17 Sectlon 3.0: Response to Comments 6 ! South Point West City of Diamond Bar, California Response 8-1 As projects move through the entitlement process, they are subjected to successive levels of review. At the CEQA level, the focus of the geotechnical investigation is directed toward determining the site's hydrogeology, ascertaining the geotechnical feasibility of the proposed action, identifying the nature of the proposed earthward and the areas of physical disturbance, providing estimates of grading quantities, during soil balance, and identifying possible soils constraints. Should the specific plan and tentative tract map be subsequently approved, more detailed (construction -level) engineering review will be undertaken. The level of review performed to date is appropriate for the current project status. More detailed investigations and additional engineering review will be performed prior to the issuance of any grading or building permits. Because of their size, certain large-scale exhibits contained in the geotechnical investigation were not physically included in the DEIR (Technical Appendix) but were available for review at the office of the Lead Agency. Comment 8-2 Transportation and Traffic. The traffic impact analysis included in the DEIR should be revised to address the following comments: The County's traffic impact analysis methodology shall be used when evaluating the following County intersections: [11 Fairway Drive/Brea Canyon Cutoff at Colima Road; [2] Lake Canyon Drive at Colima Road; [3] Walnut Leaf at Colima Road; and [4] Brea Canyon Cut -Off at Pathfinder Road. Separate Level of Service/Significant impact tables should be included for the County intersections to reflect the County's traffic impact analysis criteria. Since the anticipated project build out is 2010, the calculation for ambient growth and project's pro -rata share for the County's Intersections should be based on this 2010 date. A copy of our Traffic Impact Report Guidelines may be obtained from our website at http://Iadpw.org/traffic. Response 8-2 Table RTC -2 (Year 2010 Peak -Hour Intersection Capacity Analysis), which serves as an extension of Table 4.6-9 (Years 2010 Peak -Hour Intersection Capacity Analysis) in Section- 4.6 (Transportation and Circulation) in the DEIR, summarizes the results of the peak -hour intersection LOS calculations at the four identified study intersections (identified as Intersection Nos. 1, 2, 3, and 18 in the DEIR) under the County's jurisdiction based on the criteria outlined in the Los Angeles County Public Works (LACDPW) "Traffic Impact Analysis Report Guidelines" (LACDPW, January 1, 1997) (County TIA Guidelines). In accordance with the County TIA Guidelines, the following scenarios are those for which LOS calculations have been performed: (1) Existing traffic; (2) Existing -plus -ambient growth to the Year 2010 (pre -project); (3) Existing -plus -ambient growth -plus project traffic; (4) Existing -plus -ambient growth -plus project, with proposed mitigation, if necessary; (5) Existing - plus ambient growth -plus project -plus -cumulative; and (6) Existing -plus ambient growth -plus project -plus -cumulative, with proposed mitigation, if necessary. November 2006 /'[ Response to Comments . Page 3-18 T %_ f?t _6� tS� Section 3.0: Response to Comments > < 'C6 ftD 'm U O N> cuo ID (D 10 E m C; CD 0C:- (>D (D > V) w U, m 0 0 CDCD 0 L) 00 Co C 0 , 6 0 6 6 CD LU LL LL LL > ca 0 >7 C. 'm CL Iq cq c C.� C) C, .(D (D2 E 0: 0 0 o 0 0 0 ;Rg D (D 0 Z Z z z a) a3 -j Vol CL (D cm Ra 0 II co C,4 IOD '01' -0 0 C) C'I 0 E C; a) Lo 0 cl2o -D 0 W< Q. LU U- LL. U- co 0 0 0 cY (D E E E bo C': > — m co 0 00 0o C, C:- m m C� 2-0 0 0 _0 Lnn ci 6 0)'0 (D 0 'D -L m C > E U)0) a �8A > < < 2 a I :3 a m 2 m UE -0 E cH. �E > > 16 16 Ro -6-0 C, C: r- cq c�d~-•N I 1 0 . 2 a 0 co C) N� cwo C, c.0 :L- u E 0 -W caC., LL uj P > C co co m .11 . -C, w a C5 0 0 Co N m 0 o wa C) L6 co 0 — Lo a CO CD 0 L) L) 0 0) CDO 2 2 c=E as r_ Eo < "m 15� U) fa o< ME t; D o E OJ E CLN CD 09 (D 0 2 > 0 -CL - t88. C:,) E 7,ji m ii� 0 -E5 R 0 : -0 20 h -1 > 0 >, o o as CL M 1 ED 0 0 r cr _j C: ED 0 c-, ILC) M 0-�L)0 a) COD M 2 2E 2 2 NCL C) C) 0 0� ca C, c') LL 0.0) O C4 M z ui 6 US South Point West City of Diamond Bar, California The significance of the project's potential impacts at each key intersection under jurisdiction of the County was then evaluated using the following criteria (as reflected in Section 4.6.2 [Threshold of Significance Criteria] in the DEIR). The project is considered to have a potentially significant impact if the following related increase in volume -to -capacity (WC) ratio (ICU value) equals or exceeds the threshold shown below: InfersectionsF':.,.' r ', '" ' i `z 1+il4 •. PFPJ s , P: y"+r„LOST s Project �2elatedt ;,� i r 'rx ` V!C Rat Increase C 0.71-0.80 0.04 or more D . 0.81-0.90 0.02 or more EIF 0.91 or more 0.01 or more ,Ou:c;a. u15cuu I-aw a vreenspan When compared to the County's LOS standards and significant traffic impact criteria, a review of. Column (3) and Column (4) in Table RTC -2 (Year 2010 Peak -Hour Intersection Capacity Analysis) reveals that traffic project traffic will not have a significant (direct) impact on any of the four County study area intersections. Review of Column (4) shows that the project ICU increment at the signalized intersections of Fairway Drive/Brea Canyon Cut -Off Road/Colima Road and Brea Canyon Cutoff Road/Pathfinder Road, both of which are forecast to operate at an adverse LOS during the AM and/or PM peak hours, is less than the maximum allowable threshold. The signalized intersection of Lake Canyon Road/Colima Road is forecast to continue to operate at LOS "A” during the weekday AM and PM peak hours with the addition of project traffic. With regards to the unsignalized intersection of Walnut Leaf Drive/Colima Road, this key intersection, which currently operates at LOS "F" during the PM peak hour, is forecast to continue to operate at an unacceptable LOS with the addition of ambient traffic and project traffic. On a cumulative basis, as shown in Column (6), the proposed project will contribute to the. adverse LOS at three of the four County intersections based on the County's LOS standards and significant traffic impact criteria. As shown in Column (7), the implementation of recommended cumulative improvements at the three intersections forecast to operate at a poor LOS completely offsets the impact of the proposed project, as well as cumulative traffic. The proposed project can be expected to pay a fair - share toward the construction costs to implement the recommended cumulative improvements. Table 4.6-12 (Summary of Recommended Improvements), as presented in the DEIR, identifies recommended Year 2020 improvements. Table RTC -3 (Summary of Recommended' Year 2010 Improvements and Cost Estimates for County Impacted Intersections) summarizes the recommended improvement to mitigate the cumulative traffic impact of existing traffic, future non -project (ambient 'growth and cumulative November 2006 Response to Comments Page 3-20 Section 3.0: Response to Comments -14to A _ 62- south Pointe West City of Diamond Bar, California projects) traffic and project traffic in the Year 2010 at the following intersections: Fairway Drive/Brea Canyon Cutoff/Colima Road, Lake Canyon Drive/Colima Road, and Brea Canyon Cutoff/Pathfinder Road, Table RTC -3 SUMMARY OF RECOMMENDED YEAR 2010 IMPROVMENTS AND en -QT FGTIMATES FOR COUNTY IMPACTED INTERSECTIONS Fairway Widen and/or restripe Fairway Drive -Brea Drive/Brea Canyon Cut -Off / Canyon Cut-off Road to provide a seconturn separateund s left- Colima Road orthbousouthbound lane and nd and southbound right -turn lanes. Install traffic signal surveillance and control equipment $826,250.00 and coordinate traffic signal. The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re-cut/install new vehicle loop detectors, modification to traffic signal controller). Walnut Leaf Drive/ Install a 3-phase traffic signal at this $250,000.00 3 Colima Road location. Brea Canyon Cut- Widen and/or restripe Brea Canyon Cut - Off Road! Pathfinder Road Off Road to provide a second southbound through (and departure) lane and a separate southbound right -turn lane. Restripe northbound right -tum lane on Brea Canyon Cut-off Road to provide a second northbound lane. Install traffic $1,028,75 no 18• signal surveillance and control equipment and coordinate traffic signal The implementation of this improvement may require some modification to existing traffic signal equipment (i.e. re-cuttinstall new vehicle loop detectors, modification to traffic signal controller). Total $2,105,000.OD Source: Linscott Law & Greenspan As indicated in RTC -3 (Summary of Recommended Year 2010 Improvements and Cost Estimates for County Impacted Intersections), the improvements necessary for the Year 2010 at the intersections of Fairway DrivelBrea Canyon Cut-Off/Colima Road, Walnut Leaf Drive/Colima Road, and Brea Canyon Cut-OfflPathfinder Road will cost approximately $2,105,000.00 to construct and implement. Appendix III - (Supplemental Traffic Analysis) includes the cost estimate calculation worksheets for each of the recommended cumulative improvements. The proposed project can be expected to pay a fair -share toward the construction costs to implement these recommended improvements. November2006 Response to Comments 760 e $ �� Page 3-21 Section 3.0: Response to Comments South Point West City of Diamond Bar, California Table RTC -4 (Project Fair -Share Contributions toward County Impacted Intersections in Year 2010), which serves as an extension of the Year 2020 fair -share contributions outlined in Table 4.6-13 (Project Fair -Share Contributions) in the DEIR, identifies the project's fair -share contribution of the cost to construct the recommended improvements at the three County intersections cumulatively impacted by the proposed project in Year 2010. As presented in Table RTC -4 (Project Fair -Share Contributions toward County Impacted Intersections in Year 2010), Column (1) presents the project -related peak -hour traffic, The Column (2) presents the total peak - hour traffic generated by related projects in the Year 2010. Column (3) represents the percentage of total new peak -hour (project -plus -related projects) traffic is project related. Column (4) and Column (5) present the cost of the planned and/or recommended improvements and the project's fair -share contribution. As indicated, the project's fair -share contribution towards the planned and/or recommended intersections improvements in the Year 2010 totals $109,347.50, which equates to roughly 5.2 percent of the total estimated construction cost of $2,105,000.00. In comparison, as indicated in Table 4.6-13 (Project Fair -Share Contribution) in the DEIR, the project's fair -share towards the recommended Year 2020 improvements for those same intersections (Intersection Nos. 1, 2, and 18) total $113,483.60. Comment 8-3 Intersection Capacity Utilization calculation sheets and traffic count data should be provided as an appendix to the traffic study for the County's intersections. Response 8-3 Appendix III -D (Supplemental Traffic Analysis) contains: (1) ICU/LOS calculation worksheets for the three key signalized study intersections under County jurisdiction; (2) HCM/LOS calculation worksheets for the key unsignalized study intersection under County jurisdiction; and (3) detailed existing manual turning movement count sheets for key study intersections. Comment 8-4 The westerly gated entry off of Shepherd Hills Drive shall be designed similar to the easterly gated entry off of Larkstone Drive with the proper vehicle tum around and adequate stacking storage. Response 8-4 Unlike the easterly gated entry located off of Larkstone Drive, the westerly gated entry located off Shepherd Hills Drive (at Morning Sun) Avenue is proposed as secondary access and will be restricted to "residents only" and emergency vehicles. Residents will enter using an electronic gate opener and exit via a vehicle -actuated loop process. Visitor access from this gated entry will not be allowed. A vehicle turn around for "non- resident" traffic is, therefore, not necessary. To ensure that vehicles do not stack onto the Shepherd Hills Drive, as an additional project condition (Project Condition No. 6-9), a stacking length sufficient to accommodate at least two vehicles (approximately 50 feet), is recommended in front of the proposed Shepherd Hills Drive (at Morning Sun Avenue) gates. November 2006 Page 3-22 rr,�, Response to Comments ° l� lT " Section 3.0: Response to Comments South Pointe West City of Diamond Bar, California Table RTC -4 .ter T CA10-QtJap;: rnNTRIBUTIONS TOWARD COUNTY IMPACTED Proiect Condition No. 6-9: A stacking length sufficient to accommodate at least two vehicles (approximately 50 feet) . shall be provided in front of the proposed Shepherd HIIIs Drive (at Morning Sun Avenue) gates. Comment 8-5 Utilities and Service Systems. The development will need to be annexed into the Consolidated Sewer Maintenance District for maintenance of the proposed sewer lines. Sewer construction plans will need to be reviewed and adopted by [Los Angeles County] Public Works before connection permits are issued. This will be in addition to any requirements of the Sanitation Districts of Los Angeles County. Response 8-5 The DEIR (p. 2-29) acknowledges the need for "annexation into the County's Consolidated Sewer Maintenance District, including acceptance of the truck sewer system." Comment 8-6 If you have any questions, please contact Mr. Suk Chong at (626) 458- 7150. Response 8-6 This comment is acknowledged. No additional response is required or recommended. & A g� November 3-23 006 Response to Comments U< Page 3-23 Section 3.0: Response to Comments South Point West City of Diamond Bar, California Letter No. 9 (Letter dated September 28, 2006) Sheryl L. Shaw; P.E Engineering and Planning Manager Walnut Valley Water District 271 South Brea, Canyon Road P.O. Box508 Walnut, California 91789-3002 Comment 9-1 Thank you for the opportunity to review and provide comments to be considered for the Draft Environmental Impact Report for the subject project. The Walnut Valley Water District (District) is a California Water District and the agency that will be supplying water to the development. The District purchases imported water from Three Valleys Municipal Water District, a member agency of the Metropolitan Water Districts of Southern California (MWD). Water service for the proposed development within the District's boundary shall be subject to the availability of water from MWD. The District is completely dependant on imported water from MWD as its sole supplier of water for domestic purposes and does not guarantee specific pressures or flows. Also, the "project" or "subdivision" consists of fewer than 500 dwelling units (99 units); therefore, the requirements for reliable water supply stipulated under Senate Bill (SB) 221 and SB 610 do not apply. However, the District believes there to be sufficient supply for the proposed development. Response 9-1 This comment is acknowledged. No additional response is required or recommended. Comment 9-2 The District has completed the review of the EIR and has the following comments: Under Section 4.10.1.3 (Local Setting) on page 4.10-2, the line "(portion of the 6 -inch line in Morning Sun Avenue have been abandoned and. replaced with a temporary 2 -inch diameter galvanized line located along the west side of the road)" should be removed because the District replaced the damaged line with a 6 -inch steel line on the west side of the road. Response 9-2 The DEIR (p. 4.10-2) is revised to read: Existing utilities located in the general project area, include, but are not necessarily limited to: (1) Sewer— an existing 8 -inch diameter VCP line draining in a southerly direction along Morning Sun Avenue and westerly on Sheppard Hills Road; (2) Water — an existing 6 -inch diameter AC pipe serving Morning Sun, Sheppard Hills, and Chapel Drive and connecting to an existing 12 -inch diameter line in Walnut Lead Drive r^ ==f the. 6 'Reh line in side of the and an existing 12 -inch diameter AC line serving Lakrstone Drive and extending to Black Hawk Drive; (3) Sewer — an existing 8 -inch diameter VCP line draining in a westerly direction towards Black Hawk Drive. November 2006 �^-� � Response to Comments Page 3-24 4 ' Section 3.0: Response to Comments South Pointe West City of Diamond Bar, California Comment 9-3 The existing 6 -inch AC line on Morning Sun Avenue and Shepherd Hills 12 AC line on Larkstone Drive and Black Road and the existing -inch Hawk Drive are on different pressure zoned. The 6 -inch line is on Zone 975R and the 12 -inch AC line is on Zone 1050. Depending on the pad elevations, the water will be served from one of these zones. However, the District might opt to use either zone in case of emergency. Response 9-3 This comment is acknowledged. No additional response is required or recommended. Comment 9-4 Because the street is proposed to be a private street, the District will streets within the development for require an easement encompassing all water line construction. Please note the District will construct all main lines within the development. Response 9-4 This comment is acknowledged. No additional response is required or recommended. Comment 9-5 The District has an existing 12 -inch PVC recycled water line on Brea of Diamond Crest Lane. To comply Canyon Road terminating just south with the water conservation requirements under California State Law and Section 4.07 Water Conservation in the District's Rules and Regulations, the recycled water line through Diamond the District intends to extend Crest Lane, Larkstone Drive, and the proposed streets to serve this development. The service will provide recycled water for the landscape slopes that will [be] maintained by for the front yards and manufactured the Homeowner's Association and the proposed park. Response 9-5 Infrastructure improvements required to serve the proposed development that occur within exiting utility, street, and associated rights-of-way can occur under the authority of the Lead Agency's CEQA documentation. the DEIR (Table 1-1, p. 1-15) is Based on the District's comments; revised to read: AfFiliation.%; Confa ct Walnut Valley Water District Sheryl L. Shaw, P.E Potential Engineering and Planning Manager Responsible Agencies 271 South Brea Canyon Road P.O. Box 508 (909) 595-1268 Comment 9-6 . If you have any questions or need additional information, please contact me at Ext. 234 or Erik Hitchman at Ext. 244. Response 9-6 This comment is acknowledged. November 2006 Response to Comments —7 f A. mj' Page 3-25 Section 3.0: Response to Comments G + t South Point West City of Diamond Bar, California This page intentionally left blank. November2006r g� Response to Comments 7(� Page 3-26 , Section 3.0: Response to Comments South Pointe West City of Diamond Bar, California Response to Comments i r _ A �Q November 2006 Technical Appendix (�J t� This page intentionally left blank. STATE OF CALIFORNIA Governor's Office of Manning and Research State Clearingbouse and Planning Unit Arnold Schwarteneggv, Smn y'raYAh Governor October 11. 2006 jrn Nancy Fong City of L7inmond Bar r 31825 Copley Drive. Diamond Bar, CA 9I765-4178 Subject: South Pointe Rest Specific Plan SCH t=: 00511 111$ Dear'Nancy Irons: lite Stat : Clearinghouse subruitteri the above named Draft EIR to selected state agencies for review. Tbe-I review period closed on October 10, 30b6, and no state agencies submitted comments by that dgfe, This letter aclmowledges that you have complied s%�ilh the State Clearinghouse review requirements fflr drab � envirunmental doc;unents, pursuant to the Cshfarnia Envirortmertal Quality ACL Please call the State Clearinghouse at (916) 445-0613 if you have any questions regarding the environmental review process: If you have a question about the above-named project. please refer to the ten-djait State ClearinPjitonse numb: er when contacting this office. Sincerely, Tory Robert-,~ Drrcctor. State Clearinghouse ',400 TENTH STREET P.G. BOX 801•. 5AC'RAa01NM QUIPORNI.A. J5,812-3044 TEL MG) 445-0513 FA.X (910 323.3018 't .rW.o�r ca env 6 t1 Document Details Report State Clearinghouse Data Base SCH# 2005111118 Project Iritle South Pointe West Speci5c Ptan Lead Agency Diamond Bar, City of Type EIR Draft EIR Description The protect contains a number of related elements, including the adoption of a proposed specific plane authorizing the development of 99 dwelling units within the approximately 34.67-acre project boundaries, the adoption of a proposed Vesting tentative tract map (Vesting Tentative Tract Map No, 063123). the subsequent development and occupancy of the tract map areo in accordance with the final subdivision map and the policies of the specific plan, the development ,and use of a neva approximately 4.68 gross acre neighborhood park. and the utilization of an approximalely 7.45 gross acre stackpile (borrow) site to be used as a potential deppsitiory for ex:ess earth material exported from the tract reap area. Lead Agency Contact Name Nancy Fong Agency City of Diamond Bar Phone (909)939-7030 Fax email Address 21825 Copley Drive_ City Diamond Bar State CA Zip 51765-4178 .Project Location County Los Angeles City Diamond Bar Region Cross Streets Numerous Parcel No. Numc3rous Township 2S Range 91FV Section 17.20 Base SB Proximity to- ,Lfighways SR -r,7 and SR -60 Alrporfs Railways UPRR, Metrolink .Waterways San Jose Creek Schools Land Use Vacant Z: RPD 10,000 oU (Building Restrictions - 1 unitlparcel) GP. Planning Area 41SP Project Issues. ArasthetirJVisuai; Air Quality: Archaeologic -Historic; Cumulative Effecls: DrainagelAbsorption; Flood PlauVf=looding; Geo logirJSeismic: Growth Inducing; Landuse; Noise: Public Services; Schools/Universfties: Sewer Capacity; Soil Erosion/Compaction,Graning. To:cic/Hazardous; Tr3fficlCirculatfon; Vegetation: Water Quality; Water Supply Reviewing Resources Agency; Regional Waler Quality Control Board, Region 4; Department of Parks and Agencies Recreation; Native American Heritage Commission; Office of Historic Preservation; Department of Health Services: Department of Fish and Game, Region 5; Department of Water Resources; Departmentof Conservation: California Highway Patrol; Caltrans. Di=_anct 7; Public Utilities Commission Bate Received 08/24/2006 Startof Review 08124/2006 End of Review 1 011 0/2 00 6 R2, _._. nr__r._._ �_._ i._�a._ .., ,...,. r..,... �.,.•,xM.-,...,r r�v�rm,t.,, r. nm..,.:.:1 h:, .earl an onr-v C£0 STATE OF CALIFORNIA q* s Governor's Office of Planning and Research o r Mata Clearinghouse and Planning Unit Sean Walsh Arnold Sehwetzcaegg=r Director povcmor. s r• - October 16, 2006 Nancy Fong City of Diamond liar 21825 Copley Drive Diamond Bar, CA 91755178 c� Subject: South Pointe Fest specific flan 5CH ' 2005111118 Dear Nattcy .Fong: The enclosed court rent (s) on.ydurDraft EIR +vas (h>zre) received oy fife State ng rb eltouse alter tl z end of tate state review period: -Which closed oil October 10, 2006. W-- are ferwaxdig these comments to ynu because they provide infor-111 or rise issues that should be addressed in your final enviro rr> rtai docttment. Act does not require read agencies to respbnd to late cwnrnents. 2-1 '1Tbe California Environtmental Q�uai i , however, we encnzctlgP you to ns° norate these additional comms-t1s into your final anvironmzntal doeurr_ett.t and to consider thc_m prior To taking final action on the proposed rAjt L Please contact thz Stain Cle=rinehouse ai (916) 145-4612 if },ou natiT any questions concern n� the ens li flninenta1 review process.' if you have a question regarding the above-named project, please refer tb enten-digit State Clearingnoust number (200511 1 1 3 8) when contacana this office. TheSincerely, 'Terry Roberts Director, State Clearinghouse Enclosures cc_ Resource,, Agency 14001 TFNTHSTRE1;1 ?.0.Bok 3mt 9ACR'AIM,NTO,ClUff-ORN?A 95812-1044 TL1. (916) ,G-0619 FAX(916)3-43-3018 www.Ppr-c�.gcv •`-1 , p —q3 Slate Of California - The Resources Agency MNOLD SCHWARZENEGG_Ei, Governor CEPA PTMEIUT QF F15H AN—D GAME httP;//www.dfg.ca.gov 4949 Viewridge Avenue San Nego, CA 92123 (458) 467-4201 _ Sandra Campbell Cita 4f Diamond Bar Community Development I)eparvnent 21825 Capley Drive Diamond Bar, California 91765-4178 909839-7030 Fax: 909-861-3117 October 10, 2006 o RECEIVE© OCT T 1 Z006 STATE CLEARING HOUSE Comments an the Draft Environmental Zutpac# Report ioVM outlt�pvtnt +Wet Specific Plan in the City of Diamond Bar, Los Angeles County, California (SCH# 20051111 ZS) Dear Ms, Campbell: The Degamr ant of Fish and Creme (Department) has reviewed the above -referenced draft EnvirOnmanW Impact Report (DE1R), which we received on August 16, 2006, and have identified potential $ffeets of this project on biological resources. The Department is a Trustee Agency and a Responsible Agency pursuant to he California Environmental Quality Act (CEQA), Sections 16386 and 1.5381, respectively, and is responsible for the conservation of the State's biological r sources, pursuant to fire California Endangered Species Act, and other sections of the California Fish and. Game Code. The 42.12 -acre Sou*.h Pointe Nest site is located south of the State Route 60 Freeway anal west of the State Route 57 Freeway in the City of Diamond Bar. ,The Project site includes the undeveloped slopes south of Larkstone Drive, north of Peaceful I-lilis Road, and east of Morning Sun A:verme. The proposed project includes the construction of 99 single farnily detached condominiums, the establishment of a stockpile site, and the development of a neighborhood park. Impacts associated with the project arc divided into iii -track (i.e., an site) and off-site impacts to distinguish between the proposed condominium development and the off site area for the stockpile and park. The in -tract component includes 31.43 acres oftentative tract trap area corriposed of24.6 acres ofpttblic land belonging to the Walnut Valley School District, and 6.8 acres ofprivately owned land. The off-site component of the project includes 10.69 acres which consists of 7,45 acres to be used as a stockpile site for spoils from the development of the condominiums and 4.68 acres for tate neighborhood park. The proposed project is Iocated within. undeveloped canyon slopes surrounded by dense residential developmznt on three sides. The remaining off-site open space on the canyon slopes is located to the east of and adjacent to the proposed park location. _17 e canyon is also marginally connected to the open space associated with Brea Canyon, south of Pathfinder Road. Development of he proposed project would impact the vegetation communities and acres listed in the table below. In, addition to vegetation impacts, the pxoject will impact 45 coast live oak trees and one willow tree. `Z . to A -- * lam. Sandra Campbell v Octooer 10, 2006 Project Impacts to Vegetation communities Vege tion Cismmiziii#y Total i Total CSu-site Total C3 Total Acres Lost Total "'Cres i0 b� Existing j Acres to be sites Acres to to be i'reserved f.. QaCrea eS lAst.. be last 6:60 0.60 California seed brush 7.20 i 6.40 ; ` 0.20 scrub 6.80 1 0.70 I 3.iP i 3.s ► 3.001 �rfvcad Cha Fixed Ch allRudexal: p•49 i O.OQ 1 0.40 0.40 tl, la: 0.00 I 0.10 Southctr, 'aVdlov .S crab i 0.3 0 0.00 I 0.40 1.2,4 _ i 0.00 ?vlulefat Scrub 1 l..?.0 Q,$.4 3. Q 3.5Q I 6;90_ 0.20 _ Mulefat sr-rub/Ruderal 7.10 0.00 0.. 0.40 CoastUv ig O& urciodlarid 0.90 _ 0.5.0 <Q..lo l 0.10 -- Mexican Elderb .. j 0,10 <0:10 9.60 6.00 I 19.3G1 � 1,50 �Developed/DiVarbedi 20.80 �. ry Ruderal( C?nrametttal. 13.50 $$i8U - 6.00 l 44.80 _ 25.20 ons based an th The Deparlracnt df em the foliotvir e comriseats.and recd i3it the Couury, �ztd tnfot*��.tton included in the 2vII�13U, ciirr Sencral knawlcdge of the bioloniral resources Obtained dinri. a site -visit &L Septerrnber b, 2006, atrended by the Department (Erinn Milson and'ti aver Siddiqui), the 61ty(82pdra Campbellj, FCR Consulting (7=scm Berldey), andflte applicant. 1) Aiacr ,pandas _3:mong the ReportedSite xiad.lTnpact Acreages The above table-suratTtarizes information included inthe DEEM Table (page 4.5-9,1. Tl biological Owiluatiea identifies a total of 44.80 acres on the project site chile the DEIR (introduction; Ra -Re 1._1) describes the site as atotal of 42.12 gross acres. Furthermore, the d) grees vith no total addifinn of 33,80 (ie., acres of impact) and 8.00 0-e_ and 1 acres p re SOery The ttarrs e of Ls acreages. l4ior noes 3tio 3.80 equal tine addin a_. also eotrtaiils disarcpancies rssnon.g the sccrenges of the project components. V1e endeavored so reconcile these di<crepaucics in our description of the psojct in this letter. Tlie Depastfiietti.requesrs clarification of project site :sad impact acreages ,for all the On- anal off site project componEns- "Fbe final MND should provide, corrected. values and any neceGwa corrections inr itigation acreages. The DepartmMt. does riot agree vhth the conclusion in the DEU (page 4.5-25) whicL Site "Although'coastal sage scrub is a community found only iri southern Cali.fortiia and has be identified as a habitat that supports a number of protected species, n,ci ther coastal sage scr (CNDpB Cgde 31.3010.00) nor Califorpi,a sagebrush scrub (CSM B Code 32-010-00) hay.= Men identified as communitie,9 that are either %rovm or b:licved to be of high priority for irivcntor es in the C�1DDB. Similarly, mule. fat sctv.lb (0 *i DE Code 63.510.00) and ti+gas live oak woodland (CNIDDB Code 71,064.00) are tint designatad as bign priority haLita - the CNDDB. `>Nitu the exception of southern villus scrub, none of those habitat t Tes ar larotecied. As -a result, direct impacts to those -plant communi60S would be lets then slgztificat3:t,'" Ms. Sandra Campbell October I0, 2006 . Coastal Sage Scrub - The Department considers itnoacts to 6.60 acres of coastal sage scruo significant, Thapurpose of mitigation, according to CF�.QA, is to lower project relsied impacts to below a level of significance.Tkte Department requires mitigation .for coastal sage scrub v6iWn Los• Angeles County and Qr mgc Co lmty at a ratio of 2:1 or 1:I depending on its quality and location to compensate'for the loss of cpastat sage scrub. Oaks and Oak Woodland - The Deparu=nt considers impacts to 45 oak trees and 0.50 acre of oak woodland significant. The Department requires that the loss of individual oaks and oak woodland ha Itat be mitigated in a manner that preserves habitat functions and values. In 'addition, to the 45 oak trees that the DEIR requires to be replaced, imparts to 0.5o acre of coal live Oak woodland habitat should also be fully mitigated. Plantings should occur at appropriate spacing to assure the preservation .of the integrity of the woodland habitat. To do so, additional acres of planting might be required offsite to accommodate all the replacement trees. Wooc nd restoration should use locally collected acorns or saplings grown from etrlleeted acorns. Appropriate understory species should be included in tht: mitigation plan to etthanoe strucmral -diversity of the mitigation site. The rnitigntion sites should be monitored and managed. for a minimum of five years to ensure success of the restoration effort. MulefatStrub - The Department considers imosc > to S. 10 acres of mulefat scrub (including Mulef'a-Vmd'eral) significant. Mulefat scrub is considered a wetland vegetation community, and the Department has a -no-net- lass'' policy on We t}ands; therefore, tale De-paeat �yould require mitigatign for lass of mulefat scrub. Dtte by the extensive disturbance of flea site's hydrology (see c0r mem 3 belo;v): it is diliault to determine where the limits oz"I➢eparattent jurisdiction Would have been and it appears sbMe.of the slope might have been hydroseeded w:rki rntdefat. The Department requests a history of tate site disturbances to determine when and. what activities occurred to better understand -the impacts to the hydrology. The inial MND should require mitigation that we have ideadfied above_ 3) Laic and Streambed Alteration Agreement: (LSA -A.) Tile proposed project mould require a Streambed:Aiteration Agreement, pursuant to Section 1600 et seq. of the Fish and Gaut Code, with the applicant prior to the applicant's commencement of any activity that will substantially duet# or obstruct tilt, rfatural .(low or substantially c-bange rile bed, clutrtnel, or bank (whit;h may include associated riparian re -sour=s) ot'a, river. stream or lake, or use .material from a strea.mbed. T'he DEI. states tin page: 4..5-6 that, 'To.) . lowing the 7.995 landslide, substantial remedial grading was conducted an the project site. Between May 1995 and Oetober 1997, the westeru portion of the property alswas subject to extensive geotechnical lavesftgatiott and earthwork." It also appeared during the site visit that extensive earth moving activities have severeiv ahered rhe hydrology and. vcgc.aiion of the eastern portion of the site as well. The DEIR does not identify the sediment detention basin on the ea: tern portion of the site. It appeals that 1; -le detention basin r aeives flows from an on -sit; drainage observed during the site visit ,However, the project's wetland delineation does not include this drainage. The DEIR ('Figure 4.5-5) shows jurisdictional drainage 13 as underground in the c:-ntral portion Ms. Sandra Campbell October 10. 2006 4 of the projeci site. The presence, of the concrete spillway within the center ofthe site, and the presences of hydrology downstream of die spillway indicate surface flow which could be within the jwisdiction of the Department Impacts associated vAth undergroundinf3 tl-c drainage, said the installation of the sediment detention basin would have required an I,SAA by the Department ,Additionally= rittigation Would have been required for any impacts to jurisdictional areas. For the Depa rneatt to adequately assess the impacts of the proposed project and and the prior activities which would have required an LSAA ib* Deparrnwit roquests:.(a) information as to the natare of the past activities. (b) a timeline of the past activities, (c) any LSAA permits received reWed to the activities, and (d) any mitigation required for the activities, If the part activities within the Jurisdiction of the Department were conducted without prior notification to the Departaient, the Deparonent wil I require that the applicant submit notification of all previous amivitics priorto or in addition to: the submittal of a notification for the proposed project Additionally, the Department requests a revised dciifieation mport which inctude9 the . sedimsntatioii Tessin and the on�she drainage be included in the LSAA, Notification Package Tor the previous distnrbahc4s. Please Contact Naeem Siddiqui (562-493-6897) if you have any questions regarding your LSAA. application. If you have any questions or corrunents pe=ining to this letter, please contact Erinn Wilson at (552) 342- 7155. Sinc�:ely, !ie11 Mulligan Deputy Regional Manager cc: State Clearinghouse Department of Fish and Game (Naeem Siddiqui) U.S. Fish and Wildlife Service (Christine Medttk) US. Army Corps of Fngineers (T en 'Wong) Los Angeles Regional Water Quality Cantroi $oars! (Dana Cale) E 1(OA `T 7 ASSOCIATION of September 28, 2006 GOVERNME14TS -Ms. Nancy Fong, director Main office City of Diamond Bar a! a W"5a�YUnlh Street 'Community Development Department I atb F*Vr 21825 Copley Drive :Qs AngelmCaWomil 'Diamond Bar, �A 91765-4178 90101-7-3455 RE: SLAG Clearinghouse No. 1 20060586 South. Pointe West specific Plan Vesting Tentative Map No, 063623 1 Q Q 11 2itr I a-15 Dear Ms. Fong - —1 Thank You for submitting the South Pointe West Specific Plan Vesting Tentative Map No. 063623 for review. and comment. As areawide clearinghouse for regionally significant : projects, SLAG reviews the consistency Of Of local plans, projects and programs with (aaPfr* ki. ('nip ;M.4-4, re tonal plans. This activity is based on SCAG's responsibilities as a regional Planning organization pursuant to state and f6deral laws and regulations. Guidance ad by these reviews is provide LAVERNE JONES intended to assist St local agencies and prpject, sponsors; to take actions that contribute to the attainment of regional goals and pollefes, i-� Z We have reviewed the South Pointe West Specific Plan Vesting Tentative Map 140. 06362'3, and have determined that the Project proposed is not regionally significant per SLAG intergovernmentaln, Review �IGRj Criteria California and Envircinirrient6l Quaftty Act (CEQA) Guidelines (Seqti 15206). -�:k, s.— -k,,r Hik. on Therefore, the proposed Project does not warrant comments at this time. Should theM be a —4— hr, change in the scope of the proposed Project. gyve: would appreciate the opo6ftunity to review and cornment at that time. A description of the proposed Project was published in SCAG's August h-. A. 2006 Inter. governmenlal Review Clearinghouse Report for public review and 3 krrin comment. t�ll 1—T 1�hJ C-114, Li-.?, The project title and SCAG Clearinghouse rium Iber should be used in all correspondence With SCAG concerning this Project. Correspondence should be 3-3 t�o, Uv Emp - sent to the attention of the Clearinghouse ghouse Coordinator. If you have any questions, please contact me at (213) 235-1857. Thank you. —1 Sincerely. �x�, -v LAVERNE JONES Planning Technician i-� Intergovernmental Rc,.,ie,.,,, b+' H[•0! �iE,aCI 3fiRnnLLdhIIp --4,. &A - 6 %7 -PLY TO ATTENTIQ" o= Office of the Chief Regulatory Branch DEPARTMENT OF THE ARMY LOS ANGELES DISTRICT. CORPS OF ENGINEERS P.O BOX 532311 LOS ANGELES: CALIFORNIA 90053-2325 September 28,.2006 T1s. Nancy Fong Cite of Diamond Bar, Community Development 21825 Copley Drive Diamond Bar, California 91765-4178 Re: South Pointe West Specific Plan Vesting Tentative Tract 1h4ap No. 06-362.3 Dear Ms" Fong: Thank you for the opportu-nity to comment on the project referenced above. Based on our preliminary review of the information Submitted, 'we have determined that the proposed project may require a U.S. Army Cc!rps of Engineers permit. A Corps of Engineers permit is required for the discharge of dredged oT fill material into, including any redeposit of dredged materia! within, "waters of the United States" and adjacent 4-1 :wetlands pursuant to Section 404 of the Clean Water Act of 1972. Specifically, the development O' dwelling; units and a neighborhood park associated with the project may entail discharge of fill into waters of the United States. if you or the project proponents have any questions, please contact Ms. Phuong H. 7rinh of my staff at (213) 452-3372. Please refer to this letter and 200601800-PHT in your reply. Sincerely, r,V�Aaron U. ;Alen, Ph.D. Chief, North Coast Sechun Regulatory Branch STATE OF CALIFORNIA ARNOLD SCHWARZEhEGGER, Geer.-:,= -- _ PUBLIC UTILITIES COMMISSION. 377 wEST;' STREET. LOS ANGELES CA 13W13 I.A. ".'�'.:'si October 2. 2006 Nancy Fong, Director Citv of Diamond Bar 21826 Copley Drive Diamond Bar, CA 91765-4178 Dear Nis. Fong: Re.: SCH4 200511:1118; Draft Environmental Impact Report — South Pointe west Specific Plan As the state agency responsible for rail safety within California, we recommend that any dev=elopment projects planned adjacent to or near the Union Pacific Railroad Company right-of- vvay be planned with the safety of the rail corridor in mind. New developments may.increase traffic volumes not only on streets and at intersections, but also at at -grade highway -rail crossings. This includes considering pedestrian circulation patterns/destinations with respect to railroad right-of-way. Safety factors to consider include, but are net limited to, theplanning for grads separations for 5"1 major thoroughfares, improvements to existing at -grade highway -rail crossings due to increase in traffic volumes and appropriate fencing to limit the access of trespassers onto the railroad right-of- way. The above-mentioned safety improvements should be considered when approual is sought for the new development. Working with Commission staff early in the conceptual design phase will help improve the safety to matotsts and pedestrians in the City. Please advise us on the status of the project. If you have any questions in this matter, please contact me at l4 i3) 576-707fS or at r:m(c%cpuc.ca.aaV. Sincs (cty. RosaIu'tta F£ Utilities Ert_aincer Rail Crossings Engineering Section Consumer Protection & Safety Division C: Freddy Cheung,; UP Rob Haan -is, Metrolink �vL -- IDD State of California -The Resources A_�e,;cy DEPARTMENT OF FISH AND GAME http,,/twww.dfg-ca.gov 494+9 V,ewridge Avenue San Mega. CA 92123 (858) 467-4201 Sandra Campbell City of Diamond Isar Community Development Deparlmer:. 21825 Capley Drive Diamond Bax, California `3176}-'11-8 909-839-7030 Pax: 909-861-311.7 ARNOLD SCHWARZENEGUR, C•overnor 13 . e i 7: S-13 October 10. 2006 WW Comments on the Draft Environmental Impact Report for the South Point West Specific flan in the City of Diamond Bar, Los Angeles Count}, California (SCIN 2065111.118) Dear Ms. Campbell: The Department of Fish and Came (Departm&m) has reviewed the atrove-referenced draft Environmental Impact Report (DF IR),which we received on August 16, 2006,, arid have identified potential effects of alas project on biological resources. The Department is a Trustee Agency and a Responsible Agency pursuant to the California Environmental Quality Act (CBQA), Sectiors 1 _5.356 and 15381, respectively, and is responsible for the conservation of the State's biological resources, pursuant to the California' Endangered Species .'pct, and other sections of the California Fish and Game Code. 7t ie 42.12 -acre South Pointe West site is located south Of the State Route 60 Freeway and west of the State Route 57 Freeway in the City of diamond Bar. The project site includes the undeveloped slopes south of L,arkstone Drive; north of Peacefttl I -Tills Road, and cast of Morning Suri Avenue. The proposed project includes the construction of 99 single family detached condominiums, the establishment of a stockpile site. and the development of a neighborhood park. Impacts associated with the project are divided into in -tract: fi.e., an site) and oft -site impacts to distinguish betwE!cn the proposed condominium development and the off -site -area for the stockpile and park. The in -tract component includes 31.43 acres of tentative tract snap area composed of 24.6 acres of public land belonging to the Walnut Valley Schcc l District, and 6.8 acres of privately owned land. The off-site cotrpgnent of the project includes 10.69 acres *hick consists of 7.45 acres to be used as a stockpile site for spoils from the development of the condorn niums and 4.68 acres for the neighborhood park. The proposed project is located «yithin undeveloped canyon slopes surrounded by dense residential development on three sides. The remaining off --site open space on the canyon slopes is located to the east of and adjacent to, the proposed park location. The canyon is also marginally connected to the open space associated with Brea Canyon; sjuth of Pathfinder Road. Development of' the proposed project would impact the vegetation communities and acres listed in the table belo%v. In addition to vegetation impacts, the project will impact 45 coast live oak trees and one willow tree. 2,(QA -[01 --- ------------ M;;, Sandrae Campbell OclOke-r 10. 2006 Project Impacts to Vegetation Communities Vc1cletal inn colJ11111111 il y Total Oil -site ot a I I I )I I Total Total Acres Tat a3 Acres Acres to be, I site Acr-s i i to be Lost to be Calif'ornia, sage brush T'rush Acreages 7. 0 be 1,osl -0 Fresen--cd scrub nixed. }ie .ai7a1 -2 I6-80 .6,40 6i.60 0,.60 ap-,ai�&Ruderal 0 3.1d 3.8 3.01) -S()-L1tlie-n1-.WillO Scrub 0-30 .00 F 0 10 0.40 0 .40 0.00 Mulefat Scrub 1.20 4-�- 1 0.80 0.100.10 !;CrUL)/KUdcral 7.10 3.40 0-4(:t 12 0 0.00 Coast Li"ve (.)A, woodland 0-90 3.5i 1 -- 6.90 0.20 1\-Icxicaii Elderberry '.10 0o6-,-- � 1. U -T 0.50 0.40 Developed'Dist-Lubed/ 20.80 <0, MO <0. 10 0.10 Ruderal: Ornamental 6,00 1 19-30 1,50 Total 1 44.801 25.26 1 13.550 - -1 33.80 1 6.00 The Department offers the following connnents our genean included in the MN"D. ml know d reconimend, iiions based on the information led -C of the biological resources in the Coun obtained during a site -visit ty, and in -formation on Se�pieniber G. 2006, attended by the Department (Erin Wilson and Nracem Siddjqui',. the City (Sandra Campbell), PCR Consulting (Jason Berkley), and the applicant. I Discrepancies.4-mong the Reported Site and Impact Acreages The above table summarizes information included in the DF -1121 Table 4.5-2 (page 4.5-0). The biological evaluation identifies a total of 44,80 acres on the project site while the DL -1R (introduction, page 1 -1) describes the site as a total or,1-1. 12 goss, acres. Furthennore, the addition of 33.80 (i.e., acres of impact) and 6-00 (i.e., a' ' *' cri��s preserved) agrees ]with no total acreages. Nor does 33.80 equal the addition of 25.20 and 13.5{1, The narrative of the DIHIR6-2 also captains discrepancies among the acreages of the prof ct components- We endeavored to reconcile these discreDancies in our description of the pioiect in this letter. The Department requests clarification of Project site and imp--icl acreages for all the on- and off- site project curnponents. The sinal MND should provide corrected Values and any necessary corrections in iniligatic, acr6ar 'es. 2) The Department does not L-,rec kvilh the conclusion in the DEIR (page 4.5_25) which states 'Although. coastal sage scrub is a community found ooh' in s+-luthern California and has beer;identified as a habitat that supports a number Of protected :--pc!cics, neither coastal sage scrub (CNDDB Code 31.300.110-) nor California sagebrush scrub (CNDDB Code 32.010.00) have been identified as communities that are either known or k-'l;eved to be of hip -h inventories in the CNDDB, Similarly,mule fat scrub ((- Npr""i" for 6-3 DDB Code 63.516,00) and "oast live oak woodland (Cit DDB Code 71.060-00) are not d'csianared as high priority habitats b the CNDD8. Willi the e�xc;�ption V of southern willowscrub, -6, ni -)ne of those habitat types are . protected. As a result. direct impacts to those plant ties would be less then sie'nificant'" I 14s. Sandra Campbell October 10. 2006 of the project site. fine arroesence:s of the concrete spillway within the center of the site, and the presences of hydrology do-,nstrcam of -rhe spillway indica.e surface flow which could be within the jutisdietion of the Dcpalmenc. Impacts associated with undcrgToundinq the drainage. and the installation of the sediment .detention basin would have required an l„ SAA by the Department. Additionally. mitt.0ation would have been required for any impacts to jurisdictional areas. For the Department to adequately assess the impacts of the proposed project and and the prior activities which would have required an LS AA the Depam-hent requests: (a) information as to the nature of the past activities. ,f b) a timeline of the past activities, (c) any )_SAA permits received related to the activities. aZ-td (d) any mitigation required for the activities, If the past saivites within the jurisdiction of the Department were.conducted without prior notification to the Department_ the Department will require that the applicant submit notification of all Previous acti-Aries prior to or in addition to, the submittal of a notification for the proposed project Additionally, the Depm-u-nent requests a revised, delineation report .which includes the sedimentation basin and the on-site drainage be included in the LSAA Notification Package for the previous disturbances. Please contact?�raeem S.Wdiqui (562-493-6897)!f you have any questions regarding your LS ,�A appli.cation. If you have any questions or comments per hiring to this letter, please contact Erinn'tuilson at (562) 342- 6 7155 Since,�eiy; Mti hrieI IN11111i9W1 Deputy lte,,gonal Manager cc: State C.learinghousr Department of Fish and. Frame (:Naeem Siddhqui) U.S. Fish and Wildlife Scrvice (Ctristinr Mcdak) U.S. Army Corps of'Engineers (Ken Wang) lLas Angetes Regional \Mater C)traiitl- Control l?,oard (Dana Cole) `Z.&A st ,ru COUNTY SANITATION 0ICTRiCTS Cly LCIS ANGELES COUNTY Vr rhr•_ M,lt P.00d: Whittier. 'A 9,3601 ;300 Mu,6-a l+:�ldres RO. box 4998, Whinier. r 90607 ,49c - JAMES I:. ST,? er ,1562) 699.7A 1 1, FAX (562) 699-542-2 Chief Engir�ee� and Gcnero9 hSta'rage� Svptemner 25, 2006 FilcNo 21-00.04-00 Ms. Nancy Fong, Dircctor - Community Development Department City of Diamond Bar 4i 2l &25 Copley Drive Diamond Ear, CA 91765-4178 _ zz— Dear Ms. Fong: South Pointe West Specific Plan Vesting Tentative Tract Man No. 063623 The County Sanitation Districts of Los Angeles County (Districts) received a Draft Environmental Impact Report for the subject project on Aueust ?a. 2006. The proposed development is located within the jurisdictional boundaries of District No.. 21, We offer the following comments regardin_ sewerage service: 7-1 6 All information concerning Districts' facilities and sewerage service contained in the document is current. If you Have any questions; please contact the undersigned at (562) 908-4285, extension 2717. Ver;: truly yours, ,fumes F, Stahl Ruth I. Frazen Engincrrin; Technician Facilities Planning Department R1F:rf tr9?3fia 1 d'& A 0 COUNTY OF LOS XNGELES DEPARTME-NIT OF PLi Endth Lims MOPO EffEdblve and. Czfin_Q Selvk -,RE_N1OKT AV�-I_T� AM &�WQYJOIA PONA0 L WOLFF, DIm4ar T1'061r: Tb* www ladpw w's AMLESSAll C6RFd-5P13N_.DENC=- Tr' P r- kl}; tib. iN kPLY K-��-SF J October 5, 260.6 :Mr >_RIOFILI LCI, -0 Ms. Nancy Fong Services Director City ity of Diamond Bar - community. Development 21825 Copley Drive Diamond Bar, CA 91765-4178 D6ar Ms.. Fong: DRAFT ENVIRONMENTAL IMPACT REPORT VESTING TENTATIVE TRACT NO, 063623 .SOUTH POINTE WEST SPECIFIC PLAN CITY OF DIAMOND BAR Thank ydu'for the opportunity to provide 09 Mirrients on the Praft Einvironmental Impact Report (0EJA) for the proposed G9 -unit detached single-family condominium tract developmerit located south of Larkstone Drive and bast of Morning Sun Avenue. We offer the following comments for your . consideration prior to certification of the E(R. Geology and Soils: The WEIR recommends complete removal of the Morning tun landslide and Stat)i_ I 'ii.1 -,,1 e;qyose daylichLad badding. L()ij U1, '_'a, 'Uiaj aFj.�] PICJ0050d CUt Additionally., several recommendations s from a third -party review are included in the DEIR on . pages 4.3-32 and 4.3-35. From a geology and soils engineering standpoint, the proposed mitigation and third>p6rty review recommendations .;are acceptable. However, the geotechnical report in Appendix II -A of the DDR Technical Appendix from Harrington Gebtechnical dated July 5. 2006,,is frimmplete (a few pages are missing, and the Plates and cross sections were apparently not included). Therefore, we are not able to Verify that the details of the proposed mitigation are, adequate or meet minimum BuildingCode or County standards. As stated in the Geology and Soils discussion in our DecemberI 28, 2005, letter, if not properly mitigated, Further landslides could result in additional damage to County and Los Angeles County Flood Control District infrastructure. Therefore, any .geotechnical work and plans for repair of our infrastrued.rp must be submitted to Public Works for review and. approval. -7kA -105 Ms. Nancy Fong October 5, 2006 Page 3 if you have any questions, please contact Mr, SuR Chong at (626) 458-7150. Very truly yours, DONALD L. WOLFE Director of PuIDA Works "uo" vv R SAN D' NTONIO R 01 JrA Assistant De uty Director Land Develo ment Division SPCJa P:iAp,j710EQA%SUKkVTTNi 083623 -South FN5nt^ GEEK G.Lnana Sat doc cc: Supervisor Don K"be (Dick Simmons) County Counsel (Rosa Linda Cruz) ` -T WALNUT VALLEY WATER DISTRICT BOARD OF DIRECTORS 2T1 Souls h Brea Canyon Road PO. Scx 508 VvelRul. GaMornia 91789-30Cl2 • (9G�") 5L? 5=125 - 1626' >-s i Dcnaki Nestle' I -bite: t-vwvv y r wd_com • Fax: g0�'? �9 _yy;a DI p�si�?nrt :E'eznlon DMS;cn iV -Allen L Wu September 28, 2006 } 93rsi =_laai�n,D ls;a't I E, Fred Flares Sk Ling Ling Chaag Tray- n Nis. Nancy Fong Director of Community Development edwin.pt Hiiden City of Diamond 13ar 21825 Copley Dr_ +=iunn r}iLa i Diamond Bar, CA 91765-4178 STAFF: Mir.hoel K. Holmes RE: Draft Environmental Impact Report - South Pante West Spec ific Plan (31enc41 lja rbc•, Vesting Tentative Tract Map No, 1663623 shaivna Whal;an Dear Ms. l=ong: LEGAL COUNSEL• Thank you for the opportunity .to reuieVJ and provide comments to be considered—i h. Jess 5 ne al for the Draft Environmental Impact Report (EIR to the subject project. The Walnut Valley Water District (Dist(cf) is a. California Water District and the Agency that.will be supplying water to the. development. The District purchases imported water from Three Valleys' Municipal' Water District, a member' agendy of the Metropolitan Water District of Southern Gatifdmia (MWD). ?/nater serviqe for the proposed development Within the Districts boundary shall be 9'1 subject to the ,availability of water from MWD_ The District is competely dependant on imported water from MWD as its sole supplier of water for domestic purposes. and does not guarantee specific pressures or flows. Also, the project' or subdivisiort' consists of fewer than 500 dwelling Units (99 units); therefore; the requirements for reliable water supply stipulated under Senate Bills SB 221 and SB 6101 do not apply. However, the District believes there to be sufilcient supply for the proposed development. The District has completed the review of the EIR and has the fallowing comments: g under Section 4 10.1,3 Local Setting on Page 4.10-2, the fine"(portion of the 6 -inch line in Morning Sun Avenue have. been abandoned and 9.2 replaced with'a temporary 2 -inch diameter galvanized line located along the west side of the road' should be removed because the District 1 replaced the damaged line with a 6' steel line along the west side of the (I road, -T - b A -ID' September 28, 2006 Page 2 o The existing 6AC tine on Morning Sun Avenue and Shepherd Hills Road and the existing 12' AC line on Larkslone Drive and Black Hawk Drive are On different pressure zones. The 6 AC line is on Zone 975R and the 12' AC line is on Zone 1050. Depending on the pad elevations, the water will be served from one of these zones. However, the District might opt to use either zone in case of emergency. o Because the street is proposed to be a private street, the bistrict Will .require an easement encompassing all streets within the development for water line construction. Please note that the District .will construct all 9-4 main water lines within the development. I a The District has an existing 12' PVC recycled water line on Brea Canyon Road terminated just south of Diamond Crest Lane. To comply with the water conservation requirements under California State Law and Section 4.07 Water Conservation in the Districfs Rules and Regulations, the District intends to extend the recycled water line through Diamond Crest $-5 Lane, Lar kstone Drive, and the proposed streets to serve this development. The service will provide recycled water for the landscape for the front yards and manufactured slopes that will maintained by the Homeowners Association (HCA) and the proposed park. If you'have any questions or need additional information, please contact me at Ext. _ 234 or Erik Hitchman at Ext. 244. Very truly yours, WALNUT VALLEY WATER DISTRICT She.ryyl L. Shaw, P.E. Engineering and Planning Manager SLS:km Environmental Impact Sciences 26051 Via Concha Mission Viejo, California 92691-5614 (949) 337-3935 FAX (949) 837-1195 —74kw "1"( -j -64-((o I;uoR- -ll( y m U wa en. o Er - ca O m Q C C E O C m r m a o ry co CU ra m o O m N co G m m G >,,0 O m .IIa C M c• ..L. N m D m a 3 O V cavoa) _@ma ma.N..0 _ o U a N L •M my a c EcQ1'm C m O a = acica E m c n ma E y �ry c o �4 m 4 (IJ C Q O N Q G C O � m 0 N cEF� O m Fa m m >a o o m O 1 c' CD U m a o°w CL i@D� J Q Q 3 O y N y y w0 •� O � p � O �E D CL N'� C a) m N m m c c m mm m n mm M.9 U) -0 U) -0 y [a4 y @ N m -E •N C N U U D a o C C U mmm a ) C C U m m 9 C N L... •._. 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At the hearing, the Planning Commission received staff report, a presentation from the applicant, and public testimony. Eight residents spoke to raise their concerns of the proposed project. Five speakers were from the adjacent Rowland Heights community and three were Diamond Bar residents. Because the Environmental Impact Report (EIR) Response to Comments and the Findings of Facts and Statement of Overriding Considerations were not available for review, the .Planning Commission with the consent of the applicant continued the hearing to November 28, 2006. ANALYSIS: The concerns raised by the adjacent residents with staff responses are summarized as follows: A. Traffic impact on Larkstone Morning Sun and Shepard Hills: The proposed project will generate 1041 daily trips. Based on the project trip distribution pattern, approximately 729 trips will use the Larkstone Drive and 312 trips will use Shepherd Hills. Staff would like to point out that the trips are spread out at various peak times and not at the same time. The Traffic Impact Analysis (TIA) studied 10 local residential streets and intersections as shown in Exhibit "X." The table shows that the local residential streets were designed with the capacity of 3,100 daily trips. It compared the capacity with the existing volume and the volume with the project. As an example, the number of trips at Larkstone Drive 7.6.8-1 and Dab Court is increased from 137 to 866 trips. The capacity is 3;100 trips. Another example, the number of trips at Shepherd Hills is increased from 265 to 577 trips. The capacity is 3,100 trips. Therefore, the number of daily trips With the project is well under the capacity and the traffic impact from the project is considered less than significant. In addition to examining the local residential streets impact, the TIA studied the project contribution to the regional traffic impact. Eleven off-site intersections that are within and outside the city limits were studied to consider the project fair - share cost for regional transportation improvement as shown in Exhibit "Y." The applicant is responsible to pay its fair share of $307,037.80. The fair -share impact fees will be used for traffic improvement such as but are not limited to widening or re -striping the lanes, installing traffic devices, modifying traffic signals and so forth. B. Sidewalk and pedestrian safety: There is a planned sidewalk on one side of the private street for the future residents to connect to the public park or school. C. Fire hazard: In accordance to the Los Angeles Fire Department, fuel modification will be required to reduce the risk of fire. D. Geotechnical, slippage, land stability Hazard: Phase I environmental site assessment, Geotechnical and soil reports were done by the applicant's consultants and reviewed by City's environmental consultants to ensure the reports and investigations were complete and adequate in addressing the geotechnical and landslides issues. Walnut Valley Unified School District had remedial satisfactory the 1995 landslide. However, the "Patel" properties (3 smaller parcels) were not remedial at all. The development of the project will require the applicant to cure the landslide at the "Patel" properties. Further, there are current State and local laws that require the applicant to address the geotechnical safety of the site so that people and structures will not be exposed to potential adverse impacts. E. Lifting of Open Space designation for the site: The site consisted of four parcels and currently zoned Low Density Residential (3 dwelling units per acre), R-1- 15,000 and RPD -10,000. The General Plan designation is Specific Plan and not Open Space. However, each parcel has a map restriction that limits it to one unit per parcel. According to the General Plan, the lifting of the map restriction only requires a public hearing from the Planning Commission and City Council. The vacant land adjacent to the Peaceful Hills development is currently zoned Open Space and not the project site. F. Loss of wildlife: The site is surrounded by urban development and not directly linked to the larger open space areas such as the Puente -Chino Hills wildlife corridor. Although there could be some wildlife in the general project area but it does not serve as any connectivity or linkage role to regional wildlife movement. 2 South Pointe West Project f GPA, et al Furthermore, the site had been disturbed and graded extensively to cure the area from the 1995 landslide. Drainage facilities such as concrete swale were installed throughout the site. G. Increase noise: A Noise Study was prepared and reviewed by City's consultant. The result of the study stated that the increase in noise level from the increase vehicle trips is less than 3 dB CNEL, which is deemed to be less than significant impact. H. Decrease in aesthetics: The proposed house product is single-family homes ranging from 3,100 to 3,700 square feet. According to the applicant, the house product is designed for move -up market and not for first time home buyers. TO meet the City's Design Guidelines, the applicant has improve the design of the homes by adding more architectural elements such as window trim, corbels under windows, quoins, wood shutters and richer materials such as stones and bricks. Staff placed conditions of approval requiring additional treatment to de- emphasized the garage doors and enhance the house entries. I. Homes too dense: The overall density of the project is 2.9 dwelling units per acre, which is within the zoning district allowed of maximum 3 dwelling units per acre. The Hillside Management Ordinance and the Specific Plan allowed the applicant to cluster the dwelling units closer together in order to preserve areas for open space. J. Park access is cut off: The future park is a public park and is open to the general public. The future residents of the South Pointe West gated community will have access to the public. The surrounding neighborhoods whether in Diamond Bar or adjacent community of Rowland Heights will have access to the park via public streets. The additional information on the EIR Response to Comments and the Findings of Facts and Statement of Overriding Considerations are completed and attached to the separate EIR staff report. The Planning Commission should consider the EIR, the Response to Comments and the Findings of Fact and Statement of Overriding Consideration before considering the proposed project. The Planning Commission should make a recommendation to approve the proposed project after making a recommendation to certify the EIR RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council the following actions: Certify the Environmental Impact Report EIR No. 2005-01 and State Clearance House No. 2005111118 complete and adequate and in compliance with CEQA Adopt the EIR Findings of Fact and Statement of Overriding Consideration Approve the General Plan, Amendment No. 2005-01 and Zone Change No. 2006-03 3 South Pointe West Project 1 f ILI) 3 GPA, et al ® Approve Development Agreement No. 2005-01 ® Approve Specific Plan No, 2005-01 and Vesting Tentative Tract No. 063623 ® Approve Conditional Use Permit No. 2005-05, Development Review No. 2005-27 and Tree Permit No. 2005-06 Attachments 1: November 14, 2006 Planning Commission Staff report 2. Draft resolution recommending approval of the General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 3. Draft resolution recommending approval of Development Agreement No. 2005-01 4. Draft resolution recommending approval of Specific Plan No. 2005-01 and Vesting Tentative Tract Map No. 063623 5. Draft resolution recommending approval of Conditional Use Permit No. 2005- 05, Development Review No. 2005-01 and Tree Permit No. 2005-06 4 7 `8 f South Pointe West Project b ^j GPA, et at PLANNING COMMISSION �[���y�[�� �4���rl��T AGENDA ' ' --' -7030- FAX (909) 861-3117 CITY OF DIAMOND BAR 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL (909) 839 AGENDA ITEM NUMBER: 7.613 MEETING. DATE: November 14.2DO8 CASE/F\LENUK8BER: (}anond Plan Amendment No 2005-01. Zone Change No. No 2006-03 ' Oeve�pmentAgraen�a»iNo. 2005-01 specific Plan No. 2005-01 Vesting Tentative Tract Map No. 063823' Conditional Use Permit No. 2005-05' Development Review Permit No. 2005-06 (Related No 20O5-2Oand Tree impact Report No. 2005-01, . FU~o' Environmental State C\eohnghuuaeN o. 2005111118) south ofLa��tone Dr., east ofW1onning Sun Ave., PROJECT LOCATION. west of Brea Canyon Rd., and northwest of Peaceful Hills Rd. APPLICATION REQUEST: PROPERTY OWNERS: APPLICANT: General Plan Amendment Zone Change Development Agreement Specific Plan Vesting Tentative Tract Map. Conditional Use Permit Development Review Tree Permit Walnut Valley UnifiadSchool �is\hct. JCCL, South Pointe West, LLC South Pointe Westy LLC Staff recommends that the Planning Commission STAFFhoN m public hearing to consider the proposedRECOMMENDATION:ec± proj GPA zmom.et El- The applicant, South Pointe West LLC, proposes to develop a master planned community consisting of 99 detached single-family condominiums, open space areas and a neighborhood park on 34.52 acres of vacant land. The project site consists of four parcels. The largest parcel,, approximately 27.91 acres and a small portion of the school property along Larkstone Drive up to the cul-de-sac at the South Pointe Middle School are part of the project site and owned by the Walnut Valley Unified School District (WVUSD). Three smaller parcels approximately 6.61 acres owned by JCCL, South Pointe West, LLC, (JCCL) are also part of the project area. The applicant is currently in escrow to acquire the surplus parcel from the WVUSD and the three parcels from JCCL. The proposal to develop the land into residential use, open space areas and a neighborhood park requires multiple land use applications such as a General Plan amendment, Zone change, the establishment of a Specific Plan, Development Agreement, Subdivision Map (Vesting Tentative Tract Map), Conditional Use Permit, Development Review and Tree Permit. As a result of the applicant's proposal, staff deemed it a project according to California Environmental Quality Act (CEQA) and made the determination that an Environmental Impact Report would be appropriate. This report concentrates on the describing and analyzing the proposed project. The discussion of the Environmental Impact Report and its process is in a separate staff report. PROPOSED PROJECT AND SITE DESCRIPTION: A. Proposed Project: The proposed project is a 34.52 master planned gated community consisting of the following: 1. Ninety-nine detached single-family condominiums on 12.5 acres with a net density of 7.9 dwelling units per acre. The gross density is 2.9 dwelling units per acre. The residential units will cluster along the private streets situated on the flatter areas of the site to reduce grading. 2. Neighborhood park on 4.68 -acres. 3. Approximately 15.93 -acres of open space, which is mostly steep slopes and is approximately 50% of the site. 4. . Private streets on 3.58 -acres. 5. The main entrance will be at Larkstone Drive, which will be gated to allow residents and guests entrance. A secondary gate will be at Shepherd Hills Drive and is for resident access only_ Page 2 /� / GPA 2005-01, et at. !l -7- 6 k South Pointe West B. Proiect Site History and Description: The site is presently vacant and has steeply sloping hills and ridges running along the southern and eastern portions, and flatter areas occurring in the western part of the property. The average slope for the site is approximately 25.5 percent. Previously graded terraced slopes and V -ditches occur within the western portion of the site as a result of remediation work fora landslide that occurred in 1995. Some undisturbed natural vegetation occurs in the sloped areas along the of getation he dudes, amoing on others, of the site. e that coast live oakytrees,eoccurs t thern willow trees,coastalsagetscrub, chaparral, and mule fat scrub. c. Site and Surrounding General Plan Zoning and Uses: ANALYSIS: A. Review Authority (Sections 22.22,,22-38,22.48, 22 58, 22.60 22.62, and 22.70. The proposed South Pointe West project involves the following applications: 1, General Plan Amendment No. 2005-01 is required to remove a map restriction that prohibits residential development to allow the construction of 99 residential units; and to, revise the General Plan land use map to change the land use designation for the site to Specific Plan and Park. 2. Zone Change No. 2006-03 is required to change the land use designation for the project site to Specific Plan (SP) and for the park site to Recreation (REC). Page 3GPA 2005-01;et al. 7-6.6-1 South Pointe West General Plan Zone Uses Site PA-41SP (Planning R-1-15000 & RPD- Vacant Area-4/Specific 10,000 Plan), RL (Low Density Residential), S School), RL & S R -1-15000 Single-family Norah residential and school South OS & RL RPD -10,000 Single-family residential and vacant land East PA-4/SP Los Angeles County RPD -10,000 Los Angeles County Vacant land Single-family West residential ANALYSIS: A. Review Authority (Sections 22.22,,22-38,22.48, 22 58, 22.60 22.62, and 22.70. The proposed South Pointe West project involves the following applications: 1, General Plan Amendment No. 2005-01 is required to remove a map restriction that prohibits residential development to allow the construction of 99 residential units; and to, revise the General Plan land use map to change the land use designation for the site to Specific Plan and Park. 2. Zone Change No. 2006-03 is required to change the land use designation for the project site to Specific Plan (SP) and for the park site to Recreation (REC). Page 3GPA 2005-01;et al. 7-6.6-1 South Pointe West 3. Development Agreement No. 2005-01 is requested by the applicant to lock in development approval and fees at the time of approval in return for certain compensations to the City such as payment of Quimby fees and traffic mitigation fees. 4. Specific Plan No. 2005-01 is required for the approval of a South Pointe West Specific Plan that contains development standards and guidelines tailored to take into account the natural resources of the property. 5. Vesting Tentative Tract Map No. 063623 allows for the subdivision of the site for condominium purposes. 6. Conditional Use Permit No. 2005-05 is required for development in hillside areas with slopes of 10 percent or greater to ensure compliance with the City's hillside management standards and guidelines. 7. Development Review No. 2005-27 is required to allow for the construction of the 99 residential units on the project site to ensure that the project will meet high aesthetic and functional standards. 8. Tree Permit No. 2005-06 is required to mitigate impacts to protected trees on the property. 9. Environmental Impact Report No. 2005-01 has been prepared by the City in accordance with CEQA Guidelines Section 15063, which must be certified by the City Council. In addition to certifying the Final Environmental Impact Report (FEIR), the City Council must adopt a mitigation monitoring program and make a finding of overriding considerations for any significant environmental impacts that cannot be mitigated. B. General Plan Amendment (Section 22.70): The purpose of a General Plan is to provide a set of long-term goals and policies that the City uses to guide development decisions. The General Plan is implemented through the City's zoning, subdivision and other ordinances. The City's current General Plan adopted in 1995, as amended through 2005, provides long-range planning goals and polices that cover the future development of the City. The existing General Plan land use designations for the project site include Planning Area 4/Specific Plan (PA-4/SP) for the major portion of the site, School (S) for the area located just south of Larkstone Drive, and Low -Density Residential (RL) in the northwest corner of the site. The applicant is requesting that the entire site be designated as Specific Plan (SP) 'and the park site be changed to Park (REC). Page 4 7 Q Q GPA 2005-01, et al. l ( South Pointe West The WVUSD property is burdened by a map restriction that prohibits residential development. General Plan Strategy No. 1'5.3 requires be subjectedttotpublic hearing befo removal of any non -e open space map restrictions on a property 1 Planning Commission and City Council prior to removing such restriction. Any decision to remove such restriction must be supported by findings that significant benefits have been provided to .the City. The General Plan Amendment is for removing this restriction on the site. The findings of significant benefits will be discussed further in the report. C. Zonenge (section 22.70): The applicant is seeking approval of a zone change from the current R-15,000 and RPD 10,000 to Specific Plan (SP) for the gated residential community area and Recreation (REC) for the neighborhood park site. The South Pointe West Specific Plan (SPWSP) will act as the zoning for the site and once approved it will implement the specific plan standards and guidelines for the site. D. Development Agreement (Section 22.62): A Development Agreement (the Agreement) has been prepared pursuant to provisions of Government Code Section 65864 and Section 22.62 of the City's Development Code. The purpose of the Agreement is to reduce the developer's risk by locking in the development approval and related project fees for a period of time. This assures the develop t future Tlty he City rep eived ament sghaticy or tthe ion changes will not affect approved the app project. 7ect. ed with commitments from the developer and project will be developed as propos contributions to the City that meet community objectives. Key components of the Agreement include a binding five-year term, which locks in the provisions of the Agreement for that term. The Agreement also incorporates the proposed SPWSP establishing development standards for the property. Public benefits associated with the Agreement include fees velopor a`faent impshaact frees r of such as park fees (Quimby fee), City traffic traffic improvements, and provision of a fully improved neighborhood park to the City. In consideration of the removal of the deed restriction limiting development of the property to allow for development with residential units, the developer has agreed to provide the following significant benefits: o Fully improve the proposed park. The concept of the. park has been prepared but the final design has not been developed to show the types of facilities and amenities to be included in the park. o Staff suggested $2 million for development fees to be used for traffic improvements, which benefits the community. The applicant has not accepted the proposal. This issue will be reviewed and discussed by the City Council. Page 5 GPA 2005-01, et al. South Pointe West E. Specific Plan (Section 22.60): Land areas designated in the General Plan as Planning Area and Specific Plan requires approval of a specific plan prior to development. The General Plan requires that specific_plan for Planning Area take into account the unique character of each site and recommends clustering of the homes to presence hillsides and other environmentally sensitive areas, A specific plan acts as zoning that implements the General Plan goals and policies and that provides regulatory controls customized to the specific site. California Government Code Section 65451 requires a specific plan to contain text and diagrams that specify permitted uses, infrastructure, development criteria, and implementation measures. In compliance with the General Plan for areas designated as PA and with Development Code Section 22.12, the applicant seeks approval of the (SPWSP). The SPWSP provides guidelines and standards that govern the . future development of the site. Upon completion, the SPWSP is proposed to contain a high-quality master -planned community composed of 99 detached single-family condominiums, approximately 16 acres of open space, private streets for on-site circulation, and an approximately 4.68 acre public park. Sub -Planning Areas The SPWSP incorporates four sub -planning areas that were created to organize the project site uses in a way that worked together with the unique site characteristics, particularly with regard to the sloped areas. Sub -planning areas 1 and 2 total approximately 12.5 acres and are designated for development with Low -Medium Residential (RLM). The RLM areas occur directly adjacent to the main private street that runs along the center portion of the .site where the land is relatively flat. The residential sub - planning areas provide for an average density of 7.9 units per acre. Clustering of the dwelling units along the private streets allows for additional open space within the project areas than if developed with a conventional single-family development. Sub -planning area 3 is designated as Park and located along Larkstone Drive in the northeastern portion of the site. The upper park site is designated as Park 3B and the lower park site is designated as Park 3A. The specific plan text states that applicable development standards and permitted uses are those under the REC (Recreation) special use district that in the Recreation the City's Development Code. Because residential uses, churches and schools are permitted under the REC zone, staff has placed a condition of approval in the resolution requiring a revision to the SPWSP text that prohibits those uses. The proposed neighborhood park encompasses a total of approximately 4.68 gross acres. As part of project approval, the applicant has agreed to turn over to the City a turnkey public park of Page 6 r ' Q GPA 200501, et al. b South Pointe West approximately 4.68 acres. However, the 3.24 -acre upper portion of the park is located on property that is owned by the Walnut Valley School District, which is outside of the property, although under escrow to the applicant. If the upper portion of the park cannot be providedto the another , the propertyire park must be provided by the located on the applicant's property oo applicant. Sub -planning area 4 is designated for open space. There are three areas that are designated for open space, which are generally located along the southern and northwestern areas of the site in areas with the steeper slopes. Uses and proposed standards to be allowed within the open space areas are stated in the specific plan as the same as those allowed under the OS (open space) zoning designation that includes a number of uses that are not consistent with the SPWSP area such as residential (one unit per lot), churches, schools and cultural facilities. Therefore, staff has included a condition of approval that requires a revision to the specific plan that prohibits those uses. Development Standards The SPWSP contains written development standards that pertain to the development of the residential portions of the site. Permitted uses are those as allowed under the RLM zoning designation in the Development Code. The development standards that pertain to setbacks and height for the homes are based on the "condominium footprint'. The condominium footprint encompasses the foot print of the residence and the rear yard, both of which are to be privately maintained by the homeowner. The following is a list of the residential development standards: o A minimum of 19' from the edge of the sidewalk or curb to the garage; o A minimum of 10' from the edge of sidewalk or curb to the front elevation; 0 15' minimum rear yard setback from building to yard fence; o A minimum of 10' is required between buildings; o Maximum building height is 35 feet; o Parking ratio is two spaces per unit within an enclosed garage plus an additional .5 spaces per bedroom over two for each unit; and o Guest parking ratio is one space per four units. 3. Design Guidelines Design guidelines are provided in the specific plan to guide the design of the buildings, landscaping, signage, and entry monumentatiom The guidelines are provided to ensure a quality development and that the project will be compatible with adjacent development. The guidelines provide an overall design theme for the site. The guidelines will provide guidance for the Page 7 -7 7, 6f>— R I( SouthPA Pointe i s e b SJ South Pointe West development of the site and for review of the proposed development by City staff. 4. Architectural Desiqn The. architectural theme for the buildings is based on a modern interpretation of Mediterranean architecture. The specific plan contains four plans based on this style. Plans A, B and D are depicted in the specific plan as three-story buildings that have the third floors setback from the front elevation, dominant front -facing garages, and side entrances. Plan C differs from the other plans only in that the main entrance is on the front relevation. Typical of the Mediterranean style, the homes have stucco siding and low-pitched tile roofs. However, each plan is designed as a variation of the Mediterranean theme, where there is a mixture of Mediterranean and other architectural styles including Tudor, Spanish, Santa Barbara, and French revival. The architectural details that give each plan a distinctive style include features such as second floor balconies, shutters and other window treatments, arches, and exterior siding such as decorative stone, or synthetic wood siding on the first floors. 5. Landscape and Hardscape Design The landscape guidelines provide general direction to create an overall theme for the project area to establish a sense of place and to create compatible plant palette throughout the project area. A conceptual landscape plan is provided within the specific plan document. The landscape plan provides for street trees, native shrubs and ground cover that will be provided along all of the private streets within the project. The plan also includes conceptual design for the main entrances to the project site at. Morning Sun Drive and Larkstone Drive. The entrances will receive lush andscape treatments to provide emphasis at these locations. Intersections throughout the project will receive decorative pavement and landscape treatments on each corner. Entry gates will consist of decorative wrought iron fencing and stone pilasters. The landscape plan also provides design guidelines for planting within the front yards of each home. F. Vesting Tentative Tract Map (Section 21.20): The developer has filed an application for Vesting Tentative Tract Map No. 063623 for subdividing the property for condominium purposes. A vesting tentative tract acts to confer a vested right to the developer to proceed with development of the subdivided lots in compliance with ordinances, policies and standards in place at the time of approval. Page 8 -7-66- , / �QCJ — 1 2 - GPA 2005-01, et al. b South Pointe West The proposed subdivision shows the following lots: o Numbered residential lots nos. 1 through 8 each of which will contain of the following number of dwelling units: D Residential lots cover a total of 10.53 acres. The condominium footprint will consist of the building footprint and a private rear yard for the exclusive use of the individual property owner. The residential lots also include the commonly held areas within the front yards of each unit. o Lettered lots A through F for open space purposes totals 15.93 acres; o Lettered lot G for private streets totals 3.58 acres. The upper park site is not included in the subdivision application because it is owned by the Walnut Valley Unified School District and isnot under escrow by the applicant for the project. G. Conditional Use Permit (Section 22.58): The conditional use permit application has been filed in compliance with the City's hillside management ordinance, which applies to any project with a natural slope of 10 percent or greater. The proposed South Pointe West project has an existing slope averaging 25.5 percent, which subjects it to the hillside management standards and guidelines. The areas of the project site with the steepest slopes are generally located along the southern and eastern portions of the site. Significant sloped areas also occur along the center portion of the site. On-site elevations range from 650 to 920 feet above mean sea level, generally sloping in a northwest direction. Due to a landslide occurring in 1995, much of the site has previously graded terraced slopes and V -ditches within the western and central portions of the site. Within the specific plan conceptual site plan and conceptual grading plan an attempt is made for consistency with provisions of the Hillside Management ordinance. Generally the project is sensitive to the current topography of the site in that the homes will be clustered in areas of the site where the grades are the flattest. Clustering of the homes allows for maximization of preservation of natural Page 9 t l. ,r O GPA South Pointe et s �o t? South Pointe West open space within the more steeply sloping areas. The proposed amount of site grading for the areas to be disturbed is 218,000 cubic yards of cut and 199, .cubic yards of fill. This results in a nearly equal amount of cut and fill. In addition, some of the individual units are will step up to conform to existing slopes. The hillside standards also include a provision that requires cut and fill slopes over nine feet exposed adjacent to a public street to be designed with features to resemble nature slopes. In conformance with this standard, the 20 -foot -high crib wall proposed for Morning Sun Avenue will be planted with vegetation to give it a more natural appearance. With regards to the grading standards that require grading to follow the natural land form, most of the proposed grading for the project will occur in areas previously disturbed from remedial work for the 1995 landslide. The proposed grading will also be conducted in accordance with recommendations in the geotechnical report to ensure slope stability. Standard conditions of approval contained in the resolution will require that grading activities comply. with the grading standards in the Development Code. Retaining walls associated with lot pads are prohibited from exceeding four feet in height. However, terraced walls are permitted where slopes are extreme as is the case with some of the proposed building pads. In areas of the proposed project where slopes in rear yards exceed approximately nine feet, the applicant is proposing plantable crib walls. Crib walls partially mitigate the height differences because they are sloped rather than completely vertical. Consequently, the project is consistent with the intent of the standard. The Hillside Management Ordinance allows exceptions to the standards and guidelines through the conditional use permit process provided that the modifications would not materially affect the intent of the standards and guidelines. Where the project is not consistent with the standards, the project can be found to be in substantial conformance with the intent of the standards and the findings. H. Development Review (Section 22.48): The proposed project is designed according to the development standards and design guidelines contained in the SPWSP. 1. Specific Plan Development Standards pecific Plan Required Proposed Meets evelopment Requirements Standardsnimum V width of Same 38'minimum Yes conminium footprint 90' minimum Same 90' minimum Yes condominium footprint depth Page 10 `J — / � Pointe GPA 2 et aL (� South Pointe West Specific Plan Proposed Meets Requirements Development Standards HRequiredp Minimum front yard +Yes t #29 is 18' with condition of setback: approval o 10' from back of requiring sidewalk to project to be residential living revised to space; provide 19' 0 19' from back of setback on Lot sidewalk or curb to #29, garage. Average rear yard Same 16 +/- Yes setback: o 15' from fence to dwelling 10' min. side yard Same Varies between 6' Yes. Condition setback to street and 10"+. provided requiring compliance or revise SPWSP. 10' min. distance Same Varies between 10' Yes between buildings and 16' 35' maximum bldg. ht. Same 35' 396 total spaces: Yes Exceeds Parking: o Two spaces within 342 total spaces: o 198 within o spaces standard enclosed garage enclosed pro vided within pro an enclosed plus .5 spaces for garage; 144 additional garage (two each bedroom over o for bedrooms spaces within two. over 2 attached garages provided per unit); o 198 provided on driveways (two spaces on each driveway Guest Parking: 25 spaces 104 spaces on street Exceeds o One space per four units. �-- 2. Site Plan: The site plan is designed as a cluster development with the residential units situated close to one of four private streets running through the development. Driveways are sufficient to accommodate a car length. Rear and side yards are relatively small compared to traditional single-family lots. The condominium envelope includes both the building footprint and the Page 11 7.66-1 S GPASouth Pointe WePt st South Pointe West private rear yards. Sidewalks are located on one side of the private streets to facilitate pedestrian circulation throughout the site. Open space areas consisting of steep slopes are proposed to be located within the northwest, southwest, and southerly portion of the site. A concern is with the lack of usable open space for the residents. The applicant addressed this issue by providingsmallcommon open space areas within the drainage easements in six locations between the units. Benches and landscaping are proposed for these areas. Staff believes that the debris basin could be designed as passive open space with landscaping, walking paths, benches and so forth for residents to use, thus increasing the amount of usable common open space. The basin should be fenced with gate and properly posted warning the resident not to use at rainy season. A condition is placed in the attached resolution. 3. Architectural Features Colors Materials Floor Plan etc. Four home plans are proposed for the project. The following table provides a general description of the plans. Plan Quantity Floor area No. of No. of bedrooms stories A 80 3125 sf 3 4 with bonus room on 3rd floor B 7 3613 3 4 with bonus room on 3rd floor C 9 3661 3 4 with bonus room on 3,d floor D 3 3143 3 4 The applicant has provided a variety of elevation styles for the project that can generally be described as Italian, French, Spanish, Tudor, and Santa Barbara versions of the Mediterranean style. Each plan includes between two and four differently styled elevations. All sides of the homes include architectural features and details that relate to the over architectural design. All of the plans will have a vertical massing that is somewhat mitigated by the stepping back of the third story from the front facade of the home. Because of the narrow lot widths, the majority of the homes will be limited to approximately 28 feet in width, which results in the garages dominating the front elevations. In addition, all of the main entrances are located on the side elevations, except for Plan C which has the main entrance on the front. The applicant has attempted to accommodate the site slopes by stepping up the rear of Plan D homes. All of the other plans will have level pads. Staff has concerns with the dominance of the garage as a streetscape and Page 12 GPA et 21. 66 —/b South Pointe West recommends that additional architectural treatment be provided to the front and the side elevations. Such architectural features as adding raised planter to the front wall next to the garage, entry arch or element to create an entry way to the building, adding more stone veneer, etc. The recommendations are placed as conditions of approval. 4. Land_ The applicant has provided a preliminary landscape plan that shows an overall landscape planting theme for the project. Each private street has a variation of the overall theme that creates an individual streetscape. The open space areas will receive minimal amount of landscaping. The project entrance area on Larkstone Drive is treated with additional landscaping, wrought iron fencing, and signage to identify it as a major entry point. The secondary entry point on Morning Sun Avenue will also receive additional landscape treatment, but to a lesser extend than at Larkstone. All intersections within the project will receive decorative paving and additional landscape treatment on the corners. The crib walls, including the one along Morning. Sun Ave., will be planted to disguise the walls. As the project is subject to Los Angeles County fuel modification requirements, the landscape has been designed to comply. The project is divided into three different landscape zones depending on the distance from a building. Appropriate fire resistant landscaping is planned for each zone. General Plan Design Guidelines and Compatibility with Neighborhood The project design is consistent with the General Plan strategies for Planning Area 4 in that at least 50% of the site, including the areas with the steepest slopes, is designated as open space and that Larkstone Park, a fully developed neighborhood park, will be turned over to the City as part of project approval. The clustering of development Is also consistent with the General Plan objectives for the site to preserve open space. Tree Permit (Section 22.381 According to the tree survey, the proposed project site contains 135 trees protected by the City's tree preservation regulations. Of theotal protetrees and one approximately 40 will be impacted by the project. y - willow tree, the majority of which are located near the northeastern and northwestern borders of the site, are proposed to be removed as part of project implementation. The project will be conditioned on replacing the impacted trees at a minimum ratio of 3:1. A mitigation plan will be required to be prepared by a certified arborist that includes the following: Page 13 GPA 2005-01, et at. -7-66 ~ I � South Pointe West directly or indirectly impacted by the proposed project. 2. An accurate account of the number, type, size and source of trees that will be planted in compensation for protected trees removed. The replacement tree ratio is 3 to 1. 3. A landscape plan showing the location of all replacement trees with planting notes and irrigation requirements. 4. Performance standards for the survivability of replacement trees. 5. A maintenance agreement stipulating the applicant's obligations for a minimum three-year period, including the annual reporting. 6. The amount and derivation of the security deposit required under the City's tree preservation ordinance. Mitigation will include relocating trees on site where possible and replacement of trees on-site that cannot be relocated. The applicant will be required to implement the mitigation plan as approved the City and according to the guidelines and performance standards of the plan. PLANNING COMMISSION WORKSHOP A workshop to discuss the project design and California Environmental Quality Act process as it relates to the project EIR Was held on October 24, 2006. Four of the Commissioners attended and a discussion was held on the merits of the project design and the content of the Draft EIR. Due to a business conflict, Chairman Steve Nelson recused himself from participating in this matter and was not present. The commission expressed some concerns with the project design regarding amount of guest parking to be provided, provision of sidewalks on only one side of the street, driveway length, additional traffic within the neighborhood, and the height of the crib wall on Morning Sun Avenue. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: Pursuant to CEQA Guidelines Section 15063, the City has prepared an Environmental Impact Report (EIR) for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead agency, prepared an EIR for the purpose of analyzing the direct, indirect, and cumulative impacts from the development of the South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting Tentative Map and covers future development of the site with the proposed project. The SPW project reviewed under the EIR includes the 31.43 -acre site, the public park and a 7.4 -acre stockpile site situated east of the future park site. Page 14 —'� GPA 2005-01, et A South Pointe West RECOMMENDATIONS: Staff recommends that the Planning Commission conduct a public hearing to consider the proposed project. /rj .Prepared by: Reviewed b Sandra Campbell Nancy Fon , AI Contract Senior Planner Community evelopment Director Attachments: 1. South Pointe West Specific Plan (document previously transmitted to Commission) 2. Environmental Impact Report (document previously transmitted to Commission) 3. Exhibit "A" — Site plan, landscape plan, architectural elevations, grading plan and vesting tentative tract map 4. Draft resolution recommending approval of the General Plan Amendment No. 2005-01 and Zone Change No. 20006-0f Develo ment Agreement 0 5. Draft resolution recommending app P No. 2005-01 6. Draft resolution recommending approval of Specific Plan No. 2005-01 and Vesting Tentative Tract Map No. 063623 7. Draft resolution recommending approval of Conditional Use Permit No. 2005-05, Development Review No. 2005-01 and Tree Permit No. 2005-06 Page 15 GPA 2005-01, et al. South Pointe West PLANNING COMMISSION RESOLUTION NO. 2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2005-01 AND ZONE CHANGE NO. 2006- 03 FOR PROPERTY COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763- 026-901) A. RECITALS The applicant, South Pointe West, LLC, has filed an application for General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road, and identified as Assessors Parcel Numbers 8765-005-01, 8765- 005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763- 026-907, and 8763-026-901. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations'. Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of General Plan Amendment 05-01 and Zone Change 06-03 and must be certified by the City Council before project approval; 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 4. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site; The applicant has specifically requested the City to approve the following: (a) General Plan Amendment No. 2005-01 to 1) revise the Land Use Element to remove a deed restriction to allow for the construction of 99 residential units and 2) revise the General Plan land -use map to change the land use designation for area of the site not already designated as such to PA-4/Specific Plan; (b) Zone Change No. 2006-03, revising the City's zoning map to change the land use designation for the project site to Specific Plan; 3. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 4. The Community Development Department has determined that the proposed General Plan Amendment and Zone Change represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan. 6. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Department of Community Development Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. B RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the 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 I of this Resolution are true and correct. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and recommends as follows: City Council approval of General Plan Amendment No. 2005-01 for South Pointe West project based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Section 65358: The amendment to the General Plan is internally consistent with the adopted goals and policies of the City and is in the public interest. General Plan Amendment No. 2005-01 will permit residential, rather than open space, in an area adjacent to an existing residential development. The General Plan Amendment promotes preservation of environmental resources within proposed developments with clustering of the project to preserve open space. The General Plan also promotes the development of Larkstone Park on the property. The proposed General Plan Amendment is consistent with both of these goals in that it will allow clustering of the residential portions of the specific plan to areas of the site with the flattest slopes and retention of approximately 50% of the site with open space. The proposed amendment also includes designation of a portion of the site as park. Therefore, the General Plan Amendment is consistent with City policies and is in the public interest. The Planning Commission recommends that the existing approximate 34.5 -acre vacant site located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessor's Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, AND 8763-026-901) shall have a General Plan Land Use designation of Planning Area 4/Specific Plan/Low-Density Residential for Lots 1-8, Planning Area 4/Specific Plan/Open Space for Lots B -D, Planning Area 4/Specific Plan/Circulation for Lot G, and Planning Area 4/Specific Plan/Park for Lot A of Vesting Tentative Tract Map No. 63623. b. City Council approval of Zone Change No. 2006-03 for the South Pointe West project based on the following finding, as required by Section 22.70.050 of the Municipal Code and in conformance with California Government Code Sections 65853 and 65860: The amendment to the Zoning Map is internally consistent with the General Plan and the adopted goals and policies of the City. The Zoning Map does not presently reflect the General Plan designation for the Property, PA-4/SP (Planning Area-4/Specific Plan). Zone Change No. 2006-03 will place the City's Zoning Map in conformance with the General Plan by designating the Property as SP (Specific Plan), with sub -areas corresponding to those in the South Pointe West Specific Plan. The existing approximate 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea 7.68 -2. 3 Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026- 907, and 8763-026-901) shall have a zoning district designation of SP - Specific Plan. 3. The Planning Commission does hereby recommend to the City Council that those Conditions of Approval attached as Exhibit A and incorporated herein by reference, shall be conditions to those matters specified in this Resolution. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torng, 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 28�h day of November 2006, by the following vote: AYES: Commissioners: NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: Nancy Fong, Secretary -7 4 Exhibit A CONDITIONS OF PROJECT APPROVAL Condition of Project Approval No. 1. General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 shall take effect only if Development Agreement No. 2005- 27 and Specific Plan 2005-01 take effect. PLANNING COMMISSION RESOLUTION NO. 2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP 63623 AND SPECIFIC PLAN NO. 2005-01 FOR SUBDIVISION OF AN APPROXIMATELY 34.52 -ACRE SITE FOR RESIDENTIAL CONDOMINIUM PURPOSES AND ADOPTION OF THE SOUTH POINTE WEST SPECIFIC PLAN FOR DEVELOPMENT OF THE SITE WITH A 99 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AND AN APPROXIMATELY 4.7 -ACRE NEIGHBORHOOD PARK ON PROPERTY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765- 005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905,8763-026-907, AND 8763-026- 901) A. RECITALS 1. The applicant/property owner, South Pointe West, LLC, has filed an application for Vesting Tentative Tract Map No. 63623 and Specific Plan No. 2005-01 for subdivision for condominium purposes of an approximately 34.52 -acre site and adoption of the South Pointe West Specific Plan on property generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005- 03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901). All further references to the vesting tentative tract map and specific plan shall be referred to as the Application. 2. The Application is being reviewed by the Planning Commission concurrently with General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Development Agreement No. 2005-01, Conditional Use Permit No. 2005-01, Development Review 2005-27, Tree Permit No. 2005-06, and Environmental Impact Report No. 2005-01. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires `l • 6 8 25- adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; 3. Pursuant to CEQA _.Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 4. The applicant has, requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that includes a land use plan that divides the property into four sub -planning areas (Open Space, Low - Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site with a 99 -unit residential condominium project with an approximately 4.7 -acre neighborhood park; 5. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 6. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 7. On November 28, 2006, the Planning Commission concluded the public hearing on the application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report 7-6a- 2.4 (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings of Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; 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 is to develop vacant land comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901) with 99 single-family condominiums and a public park. (b) The current General Plan land use designations for the site include PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -Density Residential). General Plan Amendment 2005- 01 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. (c) The project site is within the R-1-15000 (Single Family Residence -Minimum Lot Size 15,000 Square Feet) and RPD - 10000 (Residential Planned Development with 10,000 -square - foot lot size) Zones. Zone Change No.2006-03 is being reviewed concurrently with the Application that requests that -7-613-21 the City Council approve the zone change from the current zoning to Specific Plan for General Plan compliance. (d) Generally to the project site is surrounded by existing single- family homes on the north, south and west. The South Pointe Middle School is located justto thenortheastof the project site. Vacant land is borders the site on the east. (e) The application involves a request forthe following: subdivision of an approximately 34.52 -acre property for residential condominium purposes and adoption of the South Pointe West Specific Plan for development of the site with 99 residential condominiums and an approximately 4.7 -acre neighborhood park. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance the Planning Commission recommends that the City Council make the following findings: (f) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan. The proposed project involves the subdivision of the site with 99 detached residential condominiums, 95.93 acres of open space, and a 4.68 -acre neighborhood park. The General Plan land use designations for the site include PA-4/SP (Planning Area-41Specific Plan), School and RL (Low -Density Residential). General Plan Amendment 2005-09 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. The project will maintain the integrity of residential neighborhoods by discouraging through traffic and preventing the creation of new major roadway connections through existing residential neighborhoods in that the proposed subdivision will include streets that will private streets that will be gated to discourage through traffic and contains cul-de-sacs that will also restrict through traffic - The project will provide a residential subdivision that will -7.613 - zg protect natural resources, hillsides and scenic areas in that a substantial portion of the site will be open space lots that will be located in the areas of the site with existing steep slopes that will be preserved. As a subdivision for residential condominium purposes, the project will provide additional homeownership opportunities of single-family housing that will be compatible with surrounding development. The proposed subdivision will include open space area lots that occur along the outer portions of the site that will act to buffer the site from adjacent single-family neighborhoods. The proposed subdivision will also be an example of innovative land use of housing types in that the residences will be clustered to provide additional open space areas than would otherwise be allowed in a conventional single-family development. (g) The proposed subdivision is consistent with the proposed South Pointe West Specific Plan document; as conditioned. (h) The subdivision is physically suited for the type and proposed density of development in that the density as proposed will be consistent with the General Plan land use designation as amended with General Plan Amendment 2005-01 that is being considered concurrently with the application. The proposed land use designation will be Specific Plan that will allow for the development of the site with homes clustered on the less environmentally sensitive areas such that the amount of open space areas that will be designated under the specific plan will total approximately 50 percent of the site. (i) The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of `Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and will be certified by the City Council before project approval. (j) The design of the subdivision improve the safety of the site in that the proposed subdivision will be such the site will be graded to remediate areas with potential landslide problems and those off-site areas including Morning Sun Avenue that were disturbed with a 1995 landslide. Much of the proposed projectgrading will occur over areas thathave been previously disturbed and will be conducted in accordance with the recommendations outlined in the project's geotechnical investigation so as to assure that geotechnical stability is maintained or increased. Detailed drainage and hydrology studies have been completed, including the potential for debris flows and proposed conditions and mitigation measure will likely prevent any significant increases in erosion and flood hazards. (k) The design of the subdivision will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (I) The discharge of sewage from the proposed subdivision into the community sewer would not result in violation of existing requirements prescribed by the California Water Qualify Control Board. The proposed subdivision has been analyzed under the EIR and was not found to violate any requirement of the California Water Quality Control Board. The project will require a sewer construction permit be issued by the County and the Public Works Director that approve the project's sewer plans. (m) The proposed subdivision will be consistent with at! applicable provisions of the Development Code, the City's subdivision ordinance and the subdivision map act. The project has been reviewed for consistency with the hillside regulations and the proposed South Pointe West Specific Plan and was found to be consistent with both documents. Specific Plan: Pursuant to Subdivision Code Section 22.060 of the City's Development Code and 65451, the Planning Commission recommends that the City Council make the following findings: (n) The South Pointe West Specific Plan document submitted by the applicant contains plans showing the distribution, location and extent of the uses of land, including open space. (o) The South Pointe West Specific Plan includes the proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (p) The South Pointe West Specific Plan includes standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources. (q) The South Pointe West Specific Plan includes a program of implantation measures including regulations, programs, public works projects, and financing measures necessaryto carry out the project. (r) The South Pointe West Specific Plan includes a statement attesting to the consistency of the specific plan with the City's General Plan. (s) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The project is designed as a cluster development with the residential units situated in the flattest areas of the site. The General Plan strategies for this site include the conservation of open space resources and to preserve significant environmental resources through clustering to a portion of the site. The project is consistent with these General Plan strategies in that the buildings will be clustered along the flattest areas of the site in small lots so that the areas with the steepest slopes can be preserved as open space. The South Pointe West Specific Plan has been developed that includes a conceptual site plan and development standards that promote clustering of the homes in certain areas of the site. The project is substantial compliance with the specific plan conceptual site plan and development standards. The City's Design Guidelines promote compatibility with adjacent development. The project will not have a negative effect on adjacent existing residential areas in that the project will be gated to discourage through traffic, will contain single- --7.613-31 family detached condominiums with private rear yards and that are setback from the street that resemble adjacent traditional single-family development, and the location of the open space areas along the project boundaries will serve as buffer areas. (t) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The conceptual site plan proposed under the South Pointe West Specific Plans shows a clustered residential development that includes open space areas along the site peripheries that act as a buffer. In addition, the project is proposed as a gated community that will discourage through traffic. Private streets within the project site will have a sidewalk on each side to provide pedestrian circulation through the site. The design and layout of the proposed residential project will compliment the neighboring uses and will provide an integrated development that reduces traffic conflict and encourages pedestrian to walk. Pursuant to CEQA Guidelines Section 15063, the City has prepared an Environmental Impact Report (EIR) for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead agency, prepared an Environmental Impact Report (EIR) for the purpose of analyzing the direct, indirect, and cumulative impacts from the development of the South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting Tentative Map and covers future development of the site with the proposed project. The SPWproject reviewed underfhe EiR includes the 31.43 -acre site, the public park and a 7.4 -acre stockpile site situated east of the future park site. Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of the Application and must be certified by the City Council before project approval. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Specific Plan 2005-01 and Vesting Tentative Tract Map 63623 subject to the following conditions, the attached Standard Conditions and the Mitigation Monitoring Program: r .- a. GENERAL (1) This approval for South Pointe West Specific Plan and Vesting Tentative Tract Map 63623 shall be null and void and of no affect unless the EIR (SCH #2005111118) is certified, the Mitigation Monitoring Program, Facts and Findings and Statement of Overriding Considerations are adopted, and General Plan Amendment No. 2005-01, Zone Change No. 2005- 03, Conditional Use Permit No. 2005-01, Development Review No. 2005-01, Tree Permit No. 2005-06, and Development Agreement No. 2005-01, are approved. This approval is valid for three years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. (2) In addition to the conditions in this resolution, the project shall comply with all conditions of approval in resolution nos. 2006-xx, 2006-xx, 2006-xx and 2006-xx. (3) The project shall comply with the Mitigation Monitoring program for EIR 2005-01, SCH No. 2005111118. A copy is attached hereto and referenced herein. b. SPECIFIC PLAN AND VESTING TENTATIVE TRACT (4) Within 60 days from the date of the City Council approval of the South Pointe West Specific Plan, the .applicant shall submit to the Planning Division for review and approval a revised South Pointe West Specific Plan documents with the following changes: (a) The Open Space — Sub -Planning Areas 4A, 413, and 4C section of the plan shall specify the uses permitted with these areas as open space and recreational and prohibit development with any residential, institutional, religious places of worship, schools or colleges uses. (b) Under Section C — Development Standards, the minimum depth development standard shall pertain to the condominium footprint and the front yard setback. (c) Under Section C — Development Standards, the standard pertaining to side yard interior setback shall be deleted. -7.G g --3 (d) Under Section C — Development Standards, the street side yard setback shall be clarified as to whether it is measured to the inside or outside edge of the sidewalk. (5) Prior to issuance, of -building permit, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface in accordance with City Master Trail Plan to the City for review and approval. (6) Before recordation of the final map, the applicant shall turn over to the City approximately 4.68 acres of parkland. If the 3.24 -acre upper portion of the park located on property that is owned by the Walnut Valley School District cannot be provided as proposed, the applicant must provide the remaining portion on the project site owned by the applicant or on another property provided by the applicant subject to review and approval by the Community Development Director. The public park shall contain a minimum of 4.68 gross acres and a minimum of 2.18 usable acres. The entire public park area as required above shall be contiguous. (7) Within 60 days from the City Council approval date of the South Pointe West Specific Plan, the applicant shall submit detailed design of the park showing all the elements and amenities for Community Development Director and Community Services Director review and approval. (8) The project site plan shall be revised to be consistent with all the setbacks contained in the South Pointe West Specific Plan. (9) The Applicant shall fully improve the parkway along Morning Sun Drive that includes curb, gutter, landscape with trees, shrubs, ground cover and appropriate irrigation subject to Los Angeles County review and approval. The Homeowner Association of the South Pointe West shall be responsible to maintain the parkway for project frontage along Morning Sun Drive. C. LANDSCAPE AND PRESERVED AND PROTECTED TREES (10) Before issuance of a grading permit or the removal/disturbance of oak and willow trees, the applicant shall submit to the Community Development Director for review and approval a detailed and accurate tree survey and a coast live oak woodland plan prepared by an arborist specifying the following: (a) the precise number trees to be removed and/or protected; (b) the replacement trees, their location, the number (3:1 ratio), type, and size; (c) For coast live oak woodland, the restoration or replacement efforts shall use locally collected nuts or saplings grown from locally collected nuts. Appropriate understory shall be provided. (d) performance standards for the survivability of replacement trees; (e) a maintenance agreement stipulating the Applicant's obligations for a minimum five-year period, including the annual reporting; (f) the amount and derivation of the security deposit required under the City's trees preservation ordinance; (g) measures that will be taken to protect oaks and willows remaining on the property during construction consistent with Section 22.38.140 of the Development Code; (h) if in -lieu fees are used for a part of or all mitigation, this mitigation method shall also be in accordance with the requirements and approval of the California Department of Fish and Game and the City of Diamond Bar. d. EIR PROJECT CONDITIONS (11) The existing deed restriction that now encumbers Lot 49 in Tract No. 32576 which limits the development potential of that parcel to only one dwelling units shall be retained within the designated remainder portion of that parcel located to the east of the boundaries of Vesting Tentative Tract Map No. 063623 and extending between Larkstone Drive southward towards Peacehill 7.68-35 Hills Road. (12) Prior to the issuance of grading and building permits, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that each of the recommendations contained in the project's geotechnical investigation, in the City's third -party review, and in any supplemental reports as may be prepared. by the Applicant's geotechnical engineer or engineering geologist or by others have been incorporated into the project's design, development, and operation. The project shall be constructed, operated, and maintained in accordance with those recommendations and with such additional geologic, geotechnical, seismic, and soils recommendations as may result from further pre - construction and post -construction engineering analyses that may be presented to or imposed by the City. (13) All identified geologic, geotechnical, seismic, and soils hazards located within the tract map boundaries that cannot be eliminated, as approved by the City Engineer, shall be identified on the final subdivision map as "Restricted Use Areas" subject to geologic hazard. The Applicant shall dedicate to the City the right to prohibit the construction of buildings or other structures within such restricted use areas. (14) In order to demonstrate compliance with applicable state and federal resource protection policies designed to protect or compensate for the loss of biological resources, before initiation of any grading activities, the Applicant shall provide the Directorwith documentation of receipt of a Section 401 (Federal Clean Water) water quality certification or waiver or waste discharge requirements form the Regional Water Quality Control Board, Los Angeles Region, a nationwide Section 404 (Federal Clean Water) permit from the US Army Corps of Engineers, and a Section 1602 (California Dept. of Fish and Game)'streambed alteration agreement from the California Department of Fish and Game. The applicant shall comply with all associated permit requirements. (15) Initial vegetation removal activities shall be conducted outside the nesting season (February 15 -August 15) to avoid impacts upon nesting birds. If initial vegetation 7•68-3JL removal activities occur during nesting season, before start of grubbing activities, all suitable habitat shall first be thoroughly surveyed by a qualified biologist for the presence of nesting birds. If any active nests are detected, a buffer of at least 300 feet (500 feet for raptors) shall be delineated, flagged, and vegetation removal activities avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. (16) BMP devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type that minimizes the potential for vector (public nuisance) problems and maintained throughout the project life so as not to contribute to those problems. Unless accepted by the County, the responsibilities for and the funding of BMP maintenance shall constitute obligations of the homeowners' association. (17) Prior to the issuance of a grading permit, the Applicant shall submit and, when acceptable, the City Engineer shall approve a project -specific storm water management plan, including a description of source and treatment controls. (18) Volume -based treatment control BMPs and flow -based BMPs for the project shall be sized in accordance with provisions of the Los Angeles County's "Manual for the Standard Urban Storm Water Mitigation Plan" (SUSMP Manual). Facility sizing shall be finalized during the design stage by the project engineer with the final hydrology study, which will be prepared to ensure consistency with the SUSMP Manual and the EIR prior to issuance of the grading permit. (19) As a condition to the issuance of the grading permit, the Applicant shall be responsible for the repair of any damage to roads resulting from the delivery of heavy equipment and building materials and the import and export of soil material to and from the project site. Any resulting roadway report shall be to the Satisfaction of the City of Diamond Bar, if within the City, or the County of Los Angeles, if located in an unincorporated County area. 7. r-13-37 (20) Construction Traffic Safety Plan. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes through residential neighborhoods to be used by construction vehicles; the points of ingress and egress of construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; the location of materials and equipment staging areas; maintenance plans to remove spilled debris from neighborhood road surfaces; and the hours during which large construction equipment may be brought on and off the sites. The CTMP shall provide for the scheduling of construction and maintenance -related traffic so that it does not create safety hazards to children and other pedestrians. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shall be limited only to those that provide direct. access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. (21) Prior to the issuance of any grading or grubbing permits, the Applicant shall investigate the feasibility of constructing a temporary roadway or driveway, generally parallel to Larkstone Drive but south and independent of that roadway, for the purpose of directing construction traffic away from existing residential neighborhoods located to the west of the project site onto Diamond Crest Lane and Brea Canyon Road. Evidence of the feasibility or infeasibility of that construction access road. shall include, but not necessarily be limited to, consideration of engineering 7. 66- 34-' feasibility, phasing of neighborhood park construction, ability of the Applicant to implement proposed stockpiling plans, and impacts upon residents to the east of the project site, and shall be provided to the City prior to the issuance of any grading or grubbing permits. If determined to be feasible and beneficial by the City, the City may elect to impose additional permit conditions directing, among other requirements, that all or a specified amount and/or type of construction traffic utilize that temporary access route. (22) Prior to the issuance of the final grading plan, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), CALTRANS "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and non -vehicular access along Larkstone and Morning Sun Drives throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. In lieu of a separate TCP, the Applicant may elect to prepare a combined construction traffic safety plan and traffic control plan. (23) Prior to the recordation of the final tract map, the Applicant shall provide, to the satisfaction of and in the amount specified by the City Engineer, the Applicant's fair -share contribution toward the cost of the improvements to the following intersections: (1) Fairway Drive/Brea Canyon Cut-Off/Colima Road; (2) Lemon AvenueNalley Drive; r (3) Lemon Avenue/Golden Springs Drive; (4) Brea Canyon Road/Washington Street; (5) Brea Canyon Road/SR-60 WB Ramps; (6) SR -60 EB Ramps/Golden Springs Drive; (7) Brea Canyon Road/Golden Springs Drive; (8) Brea Canyon Road/Pathfinder Road; and (9) Brea Canyon Cut -Off Road/Pathfinder Road. ?-f-13--3i (24) As stipulated in Article 9 of the 2001 California Fire Code and any associated design guidelines promulgated by the Los Angeles County Fire Department (LACFD), unmonitored vehicular access gates shall, at all times, be accessible to emergency personnel and shall- include a knox-box rapid entry system or similar emergency override key switch acceptable to the LACFD that is an integral part of the mechanism and appropriately located and labeled. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be pushed open without the use of special knowledge or equipment. (25) Deed restrictions or other controls shall be imposed on those lots abutting the intersection of Private Drive "A"/Private Drive "C" restricting the installation and maintenance of any landscape or hardscape improvements that would limit site distances to less than those distances recommended in the California Department of Transportation's "Highway Design Manual." Landscape and hardscape improvement plans for those properties shall be reviewed and approved by the City Engineer. (26) Prior to the recordation of the final tract map, the City's Traffic Engineer shall determine the need for any traffic control device along Larkstone Drive. If, in the judgment of the Traffic Engineer, additional traffic control devices are deemed required, those devices shall be installed and operational prior to the commencement of any public use of the proposed park facility. (27) Prior to the issuance of any grading permits, the Applicant shall prepare a fugitive dust (PM10) mitigation plan. The plan shall identify methods to control fugitive dust through the implementation of reasonable available control measures in sufficient frequencies and quantities to minimize the transport of visible emissions beyond the project boundaries. Provisions of the plan shall include, but may not be limited to, the stipulation that: (1) all exposed surfaces and unpaved road shall be watered at least three times daily; (2) non-toxic soil stabilizers shall be applied to all inactive areas; (3) ground cover shall be replaced in disturbed areas as quickly as practical; and (4) non-toxic soil stabilizers shall be applied to all soil stockpiles. In addition, the 7 • (6_ 40 plan shall include two or more of the following best available control measures: (1), water all active construction areas at least four times daily; (2) cover all haul trucks or maintain at least 2 feet of freeboard; (3) pave or apply water four times daily to all unpaved parking or staging areas; (4) apply dust stabilizing chemicals and water internal haul roads four times daily; (5) sweep or wash any site access points within 30. minutes of any visible dirt deposition on any public roadway; (6) cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material; (7) suspend all operations on any unpaved surface if winds exceed 25 mph; (8) hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; (9) coordinate the schedule of. fill placement with the school district to minimize dust nuisance as much as possible; and (10) do not perform grading, or excavation, or other soil disturbance activities within 100 feet of a home or school building when winds blow from the activity toward the receiver. (28) In order to reduce emissions associated with the application of architectural coatings, the Applicant shall: (1) use pre -coated building materials where possible; (2) use high pressure -low volume (HPV) paint applicators with 50 percent efficiency; (3) use lower volatility paint with 100 grams of ROG per liter or less; (4) spread out the application over a longer period of time; and (4) use no more than 100 gallons of paint per day. (29) The staging, storage, and maintenance areas for diesel - powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100. feet from any existing residential receptor. (30) With regards to building design, operational emissions shall be further reduced through the: (1) use light- colored roofing materials in construction to deflect heat away from buildings thus reducing energy consumption; (2) use dual -paned windows to reduce thermal loss in buildings; and (3) installation of automatic lighting on/off controls and energy-efficient lighting. TCC -+1 (31) In order to further reduction construction -term air quality impacts, the Applicant shall: (1) encourage car pooling for construction workers; (2) limit lane closures to off- peak travel periods; (3) park construction vehicles off traveled roadways; (4) wet down or cover dirt hauled off the site; (5) wash or sweep access points daily; and (6) encourage receipt of materials during non -peak traffic hours. (32) During the construction period, the Applicant shall ensure that: (1) all construction equipment is properly maintained and tuned; (2) all equipment designed to operate with a muffler system is fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed; and (3) all stationary noise sources, such as generators and compressors, are located as far from residential receptor locations as feasible. All construction activities shall be subject to compliance with all applicable noise - related provisions as may be set forth by the City. (33) Grading activities shall be restricted within 300 feet of any home to Monday through Friday to between the hours of 7:OOAM and 3:OOPM. (34) Prior to the commencement of grading activities, the Applicant shall prepare and submit for review by the Los Angeles County Sheriffs Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD into a final construction security plan and shall implementthat plan during the construction period. (35) Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration of the neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) offer specific design recommendations to enhance public safety and reduce potential demands upon police services. (36) Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit to the Los Angeles County Fire Department (LACFD) a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. (37) Prior to the issuance of a grading permit, the Applicant shall submit and the LACFD shall review and, when deemed acceptable, approve a fuel modification, landscape, and irrigation plan in compliance with County Very High Fire Hazard Severity Zone (VHFHSZ) standards. (38) Prior to the issuance of a grading and building permits, the LACFD will review and, when deemed acceptable, approve (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable County requirements; and (2) final building plans. The project's water system shall be designed in response to final fire flow requirements identified by the LACFD_ (39) Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the WVUSD's board resolutions governing the payment of school impact fees or has entered into an AB 2926 school fee mitigation agreement or is not subject to the exaction. (40) The design of the neighborhood park shall be subjected to Community Development Director and Community Services Director review and approval. e. STREET IMPROVEMENT (41) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. i (42) The privately maintained portion of Larkstone Drive to, and including, the end of the cul-de-sac shall be dedicated to the City for Roadway purposes. All dedication documents shall be submitted for the review and recommendation of approval to the Public Works/Engineering Department. Approval by the City Council shall be granted prior to issuance of any certificate of occupancy or prior to final map approval, which ever comes first. (43) Full width pavement reconstruction of Larkstone Drive is required along the entire dedicated length, which includes the cul-de-sac. Applicant shall replace existing AC curb with concrete curb and gutter. The street improvements shall be constructed per APWA Greenbook standard plans and specifications. (44) Before issuance of any City permits, the applicant shall submit plans delineating the improvement of Morning Sun Drive forthe Public Works/Engineering Department review and approval prior to final map recordation. The improvement shall align with and be compatible with Vesting Tract Parcel Map No. 63623. The improvement of Morning Sun Drive shall be completed prior to final inspection of grading activities. (45) Sidewalks along the south side of Larkstone Drive shall be installed to provide a safe pedestrian pathway to and from the development and park along the entire dedicated length which includes the Cul -De -Sac. TRAFFIC (46) The fair share calculation in the LL&G report dated June 23, 2006 shall be updated using the City's TIA guidelines. All fair share fees identified shall be paid before issuance of any building permits. (47) Sight distance limitations existing in the area of Larkstone Drive and the project site due to the existing wall at the property line shall be addressed. The sight distance analysis shall review the location of the driver in relationship to the curb line. (48) All issues related to the South Point Middle School traffic circulation and pedestrian uses of the public roadway shall be addressed in the TIA. (49) All issues related to factors such as grades of the roadways, vehicle speed and golf cart crossings shall be addressed. 7 �_zP41 (50) The LL&G report dated June 23, 2006 has not been approved by the City Public Works/Engineering Department. An update of the report shall be submitted to the Public Works/Engineering Departmentfor review and approval before issuance of any grading permits. (51) A stacking length sufficient to accommodate at least vehicles (approximately 50 feet0 shall be provided in front of the proposed Shepherd Hills Drive at Morning Sun Avenue. gate. g. PARKING (52) Existing on -street parking provided along Larkstone Drive shall be upgraded to current standards that will allow for sufficient back up spaces. Before issuance of any permits, on -street parking shall be designed and submitted to the Public Works/Engineering Department for review and approval. h. STREET LIGHTING (53) Applicant/developer shall provide and install street lighting along the impacted length of Larkstone Drive. Requirements for installation of additional street lights along Larkstone Drive shall be coordinated with the Los Angeles County Lighting Division and Southern California Edison. All requirements shall be incorporated on the off-site improvement plans. (54) Street lights shall be annexed into the County Lighting Maintenance District 10006 and County Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained before construction. GEOTECHNICAL (55) Before issuance of grading permits, any and all geotechnical concerns regarding past landslides shall be addressed in all geotechnical studies and submitted to the Public Works/Engineering Department for review and approval. 7.66. *6 FIRE DEPARTMENT (56) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (57) Fire Department access shall b e extended to within 150 feet distance of any interior portion of all structures. (58) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be installed, tested and extended over 150 feet in length. (59) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. (60) Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted before construction. (61) This property is located within the area described by the Fire Department a 'Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702- 2904, phone # 626-969-5205). (62) Applicant/developer shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (63) Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be required. (64) Applicant shall provide fire flow for public fire hydrants at this location at 1500 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Applicant shall provide two hydrants flowing simultaneously, one of which shall be the furthest from the public water source.. (65) Applicant shall install 11 public fire hydrants. (66) All hydrants shall measure 6" x 4" x 2 '/Z' brass or bronze, conforming to current AWWA standard C503 or approval equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two hour rated firewall. Hydrants shall be located as per map on file with Los Angeles County Fire Department . (LACFD). Other locations shall be per map dated 10/31/06 provided by the LACFD. (67) All required fire hydrants shall be installed, tested and accepted or bonded prior to final map approval. Vehicular access must be provided and maintained serviceable throughout construction. (68) All hydrants shall be installed in conformance with Title 20, County of Los Angeles Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum of six-inch diameter mains. Arrangements to meet these requirements shall be made with the water purveyor serving the area. (69) Before final map clearance, fire hydrant improvement plans must be submitted to the LACFD Land Development Unit —Fire Prevention Div. 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: South Pointe West, LLC, 2652 West 237 tn Street, Torrance, CA 90505 APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Tony Torng, Vice Chairman 7, f -e -L17 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 28th day of November 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary STANDARD CON'DITION Di • PROJECT #: Environmental Impact Report No..2005-01 General Plan Amendment No 2005-01 Zone Change No. 2006-03, Specific Plan No 2005-01_ Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05 Development Review No. 2005-27, Development Agreement No. 2005-01 Tree Permit No. 2005-06 SUBJECT: South Pointe West project that includes 99 detached residential condominiums a..4.7 -acre neighborhood park. APPLICANT: South Pointe West. LLC LOCATION: South of Larkstone Drive east of Morning Sun Avenue, and west of Brea Canyon Road near the South Pointe Middle School. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01 Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27. Development Agreement No. 2005-01, and Tree Permit No. 2005-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any 7.613 -If -7 such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 1. Signed copies of the City Council Resolution of Approval No. 2006-xx, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal,.encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS -7 •68 -6-D I. 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. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in - lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any Public Hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06, at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. The approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No_ 2005-06 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for City Council approval. 3. Pursuant to Subdivision Map Act Section 66463.5, Vesting Tentative Tract Map No. 063623, is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to approval's expiration date. 7 •C8--5 I Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 063623, including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council collectively attached hereto as Exhibit "A" including: site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the South Pointe West Specific Plan, and the General Plan. The project Conditional Use Permit No. 2005-05, Development Review No. 2005-01 and Tree Permit No. 2005-06, except as conditions herein, and as conditioned in Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623 and Development Agreement No. 2005-01 submitted to and recommended approval by the Planning Commission collectively attached hereto as: Exhibit "A" — the site development plan, architectural plans and grading plans, Exhibit "B" - Mitigation Monitoring Program dated August 2006, and Exhibit "C" - Environmental Impact Report as modified herein. 3. The Mitigation Monitoring Program outlined in Environmental Impact No. 2005-01 (SCH #2005111118) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 4. Proposed future custom single-family residential units shall comply with the City's Development Review process. 5. A Home Owners' Association (HOA) shall be formed. 6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association. are subject to the approval of the Planning and Engineering Divisions and the City. Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 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 walnuttrees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 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. a. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 10. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 11. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 13. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height 14. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not .to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES I . Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 2. A fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval prior to issuance of building permits. 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, ? • c8 _5q- transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. If no centralized trash receptacles are provided all trash pick- ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ ENGINEERING DEPARTMENT, (909) 539-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. Prior to final map approval, 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 'V C6 -56 __ 56_. to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 5. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 6. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 7. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 8. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 9. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the vesting tentative tract map upon approval by the Advisory agency. 10. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 11. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 12. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from 7•C -3-5E. the Public Works Department in addition to any other permits required. 13. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 14. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 15. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 16. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 17. Applicant shall contribute funds to a separate engineering trust. deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis.and shall include any City administrative costs. 18. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 19, All activities/improvements proposed for this Vesting Tentative Tract Map No. 63623 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. 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. 7 -ce> -57 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 and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas, driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 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: 7,96-5e a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes, Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County. Public Works and surety shall be posted and an agreement executed .guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 7-ce-5% 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual -7. G8-(�a impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. . 4. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 5. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles as well as the City Engineer and all fees required shall be paid by the applicant. 6. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. 7. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public 7 •CB -61 Works/Engineering Department for review and approval by the City Engineer. Once approved the plan shall be incorporated into CC&Rs. 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. 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. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of 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 residence per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 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 7.C -8-G3 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 and trunk lines shall be shown on the final map and offered for dedication on the final map. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report Dated 6/23/06 by LL&G and Conditions of project approval for the Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No., 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements. and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 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. -7. C8 - 444 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. 6. Specify location of tempered glass as required by code. 7. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. B. Note on plans, "separate permit is required for all wall and monument signs". 9. A height survey may be required at completion of framing. 10. All existing and new plumbing fixtures shall be in compliance with Appendix 29. 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height G. Type of construction d. Sprinkler system e. f. Each group occupancy Property line location in relation to each building (side yard) Exit analysis for each building (occupant load/corridor g. h. rating/exit width/exit signs...) Accessibility analysis for the entire site and for each building 7 ,66-6S L Shaft rating/ exterior walls construction/ opening protection 13. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal.. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. Use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Architect/Engirieer with wet stamp and signature 16. All balconies shall be designed for 601b. live load. 17. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 18. Indicate all easements on the site plan. 19. Fire Department approval shall be required. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. Please contact the Fire Department to check the fire zone for the location of your property. 20. All retaining walls must be submitted to the Building & Safety and Public Work Departments for review and approval. 21. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. 22. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 23. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 24. Specify location of tempered glass as required by code. 7 • C.3- 6-C 25. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 5. Prior to recordation, the final map shall comply with all Fire Department requirements. END 7- CS- 0 PLANNING COMMISSION RESOLUTION NO. 2006- XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT NO. 2005-27 REGARDING DEVELOPMENT OF A SITE COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARCKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, PORTIONS OF 8765-005-905, 3-026-907, AND 8763-026-901) WITH 99 -UNIT T 7 6 TS NGLE FAMILYRESIDENTIALCONDOMINIUM PROJECT. A. RECITALS 1. The applicant, South Pointe West, LLC, has filed an application for Development Agreement 2005-27 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west. of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901). 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of Development Agreement 2005-27 and must be certified by the City Council before project approval; 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 4. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site; 7.r-6-f.e The applicant has specifically requested the City to approve the following: (a) Development Agreement 2005-27. 3. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Bulletin newspapers. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 5. The Community Development Department has determined that the proposed General Plan Amendment and Zone Change represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City General Plan. 6. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Department of Community Development Department, Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. B RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the 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 I of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, the Planning Commission hereby finds and recommends to the City Council approval of Development Agreement No. 2005-27, with finalization and execution by the City Manager, for South Point West based on the following findings, as required by 22.62.030(e) of the Municipal Code and in conformance with California Government Code Section 65864 et seq.: a. The Development Agreement would be in the best interests of the City. Development Agreement No. 2005-27 implements the proposed South Point West project and will provide certainty to the City and the Applicant regarding the South Point West development time table, impact fees, applicable ordinances, overall development standards and similar matters. The proposed South Point West project will also 2 -7 . (_e -�. 7 transform a vacant site into a functional and attractive development that will provide additional housing within the City. Consequently, the Agreement is in the best interests of the City and its residents. b. The Development Agreement is consistent with the General Plan, any applicable Specific Plan and the Development Code. South Point West, the subject of Development Agreement 2005-27, is consistent with the General Plan (as amended), is the subject of an appropriate Specific Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. C. The Development Agreement would promote the public interest and welfare of the City. As stated above, South Pointe West is a 99 -unit residential and neighborhood park development that preserves open space and provides additional housing and recreational opportunities within the community. It retains a substantial portion of the site as open space and limits development to the least environmentally sensitive areas of the site. Development Agreement No. 2005-27 implements this development plan and thus promotes the public interest and welfare. d. The proposed Development Agreement, prepared in accordance with Government Code Section 65864 et seq. and Chapter 22.62 of the Development Code establishes a mutually beneficial agreement between the City and the applicant setting forth obligations and benefits to the City and the developer. 3. The Planning Commission does hereby recommend to the City Council that those Conditions of Approval attached as Exhibit A and incorporated herein by reference, shall be. conditions to those matters specified in this Resolution. The Planning Commission shall: (f) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. . APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torng, Vice Chairman 7-65-76 3 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 28th day of November 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Nancy Fong, Secretary -7-aB-71 4 Exhibit A CONDITIONS OF PROJECT APPROVAL Condition of Project Approval No. 1. General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 shall take effect only if Development Agreement No. 2005- 27 and Specific Plan 2005-01 take effect. 7. 48-7oti Recorded at request of Clerk, City Council City of Diamond Bar When recorded return to City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Clerk Exem t from -'1;—g Fees Gov. Code section 6103 SOUTH POINTE WEST DEVELOPMENT AGREEMENT NO. A STATUTORY DEVELOPMENT AGREEMENT between CITY OF DIAMOND BAR a California municipal corporation and JCCL-SOUTH POINTE WEST, LLC, a Delaware limited liability company ("Developer") 7.6$-73 DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement") is entered into effective on the Effective Date (defined below) by and between the City of Diamond Bar (hereinafter "CITY"), and JCCL-South Pointe West, LLC, a Delaware limited liability company (hereinafter "DEVELOPER'): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864 et seg.of the Government Code and Chapter 22.62 of the City's Municipal Code (collectively the "DA Laws"); and WHEREAS, DEVELOPER, as of the Effective Date, owns the real property which is the subject of this Agreement (the "Property'); and WHEREAS, DEVELOPER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the DA Laws and all other rules and regulations of CITY; and WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of CITY's ability to regulate development on the Property; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the City of Diamond Bar and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental QualityAct have been met with respect to the Project and the Agreement; and WHEREAS, this Agreement and the Project are consistent with the Diamond Bar General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and 7 c8 -7f WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Property, and generally serve the purposes for which development agreements under the DA Laws are intended; and WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "CITY" means the City of Diamond Bar, a municipal corporation and general law city. 1.1.3 "City Council" means the City Council of the CITY. 1.1.4"Condominium means an estate in real property as defined in Civil Code Sections 783 and 1351(f); Condominium units as defined in Civil Code Section 1351(f) are DU's as defined in this Agreement. 1.1.5 "Current Development Approvals" mean all Development Approvals approved or issued prior to the Effective Date. Current Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Development Approvals that are a matter of public record on the Effective Date. 1.1.6 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public and private facilities related to the Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 7 .Cb-- 75` 1.1.7 "Development Approvals" mean all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to: (a) specific plans and specific plan amendments; (b) tentative and final subdivision and parcel maps; (c) conditional use permits and site plans; (d) zoning; (e) design review approvals; and (f) grading and building permits. 1.1.8 "Development Exaction" means any requirement of CTIY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.9 "Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public, facilities related to the development project, but does not include fees specified in Government Code Section 66477, fees collected by CITY for other public agencies other than the CITY, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part I (commencing with Section 33000) of Division 24 of the Health and Safety Code). "Development Impact Fee" expressly excludes processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, including, without limitation, fees for zoning variances; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of maps under the provisions of the. Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 (commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951,19132.3, and 19852 of the Health and 7.63-?� 4 Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superceded, including by amendment or replacement. 1.1.10 "Development Plan" means the Current Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.11 "DEVELOPER" means 7CCL- South Pointe West, LLC, and its successor in interest to all or any part of the Property. 1.1.12 "DU's" means single-family and Condominium/townhouse residential dwelling units, including detached and attached units for sale to the general public but do not include residential units developed for rental purposes. 1.1.13 "Effective Date" means the date that is 31 days following the date that this Agreement is approved by the City by final action of the City Council. 1.1.14 "BIR' means that certain Environmental impact Report No. SCH No. as described in Exhibit "C" attached hereto. 1.1.15 "Existing Land Use Regulations' mean all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include the Regulations incorporated herein as Exhibit "D" and all other Regulations that are a matter of public record on the Effective Date. 1.1.16 "Land Use Regulations" mean all ordinances, resolutions, codes, rules, regulations and official written policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property, as modified or supplemented by the Current Development Approvals. Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: (a) the conduct of businesses, professions, and occupations; (b) taxes and assessments; (c) the control and abatement of nuisances; (d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; or (e) the exercise of the power of eminent domain. 1.1.17 "Lot" means a legal subdivided lot. 7-Gc3-77 1.1.18 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.19 "Project" means the development of the Property as contemplated by the Development Plan as such Plan may be further defined, enhanced or. modified pursuant to the provisions of this Agreement. 1.1.20 "Property" means the real property described on Exhibit "A-1" and shown as on Exhibit "B" to this Agreement. 1.1.21 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY under Section 3.6 of this Agreement. 1.1.22 "Specific Plan" means the South Pointe West Specific Plan No. approved by the City, Ordinance No. 1.1.23 "Subsequent Development Approvals" means all Development Approvals approved by the City subsequent to the Effective Date in connection with development of the Property. 1.1.24 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made apart of, this Agreement: Exhibit "A-1" -- Legal Description of Property. Exhibit 'B" -- Map of Specific. Plan Area Exhibit "C" -- Current Development Approvals. Exhibit "D" -- Existing Land Use Regulations. Schedule 1 — Entitlement Processing Schedule Schedule 2 — Project Impact Fees 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership/Option. DEVELOPER represents and covenants that, as of the Effective Date, it is the owner of the fee simple title to the Property 7 •4!�Si -7Q 2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of five (5) years thereafter. This Agreement shall be void and of no force and effect if DEVELOPER is not the owner of fee simple title to the Property as of the Effective Date. 2.4 AssiQmnent. 2.4.1 Right to Assign. DEVELOPER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seq.), to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to . CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of DEVELOPER under this Agreement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by DEVELOPER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required byParagraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed, and the CITY approves of such purchaser, transferee, or assignee, which approval shall not be unnecessarily withheld so long as the requirements for Release of DEVEWPER are met in Section 2.4.2 below. 2.4.2 Release of DEVELOPER. Notwithstanding any sale, transfer or assignment, DEVELOPER shall continue to be obligated under this Agreement as to that portion of the Property sold, transferred or as unless DEVELOPER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by DEVELOPER of the following conditions: (a) DEVELOPER no longer has -a legal or equitable interest in all or any part of the Property sold; (b) DEVELOPER is not then in default under this Agreement; (c) DEVELOPER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above; -7 -r-8-77 (d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by DEVELOPER to secure performance of its obligations hereunder; and (e) The purchaser, transferee, or assignee is a merchant home builder of DU's generally recognized by the Southern California Building Industry Association as a quality, financially sound, developer. 2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The restrictions and requirements of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any (i) Lot that has been finally subdivided and/or any (ii) Condominium unit that is described on a condominium plan approved by the City as defined in Civil Code Section 1351(e) (the "Condominium Plan") individually (and not in "bulk") to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any Lot or Condominium unit and such Lot or Condominium unit shall be released and no longer be subject to this Agreement.without the execution or recordation of any further document upon satisfaction of both of the following conditions: (a) The Lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; (b) The Condominium unit is described on a Condominium Plan approved by the City and individually (and not in bulk) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and, (c) A final certificate of occupancy or similar certificate has been issued for a building on the Lot or for the Condominium unit, and the fees set forth under Section 4 of this Agreement have been paid. 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by written consent of all parties or their respective successors or assigns with respect to their respective portions of the Property in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of CITY or DEVELOPER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: (a) Expiration of the stated term of this Agreement as set forth in Section 2.3. (b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. (c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. (d) Completion of the Project in accordance with the terms of this Agreement, including, without limitation, issuance of all required occupancypermits and acceptanceby CITY or applicable public agency of all required dedications. Except as provided in Section 4, upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. 2.7 Notices. (a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. (b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Manager with a copy to: Jenkins & Hogin 1230 Rosecrans Ave., Suite 110 Manhattan Beach, CA 90266 Attn: Michael Jenkins, Esq. If to DEVELOPER: JCCL-South Pointe West, LLC Attn: Kurt Nelson 2632 W. 237th Street Torrance, California 90505 with a copy to: Lewis Operating Corp. Attn: W. Bradford Francke, Esq. P. O. Box 670 Upland, CA 91785-0670 1156 N. Mountain Avenue Upland, CA 91786-3633 (c) Either party may, by notice given at anytime, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided expressly in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the design, improvement, and construction standards applicable to development of the Property, and provisions for reservation and dedication of land for public purposes and Development Exactions shall be those set forth in the Development Plan. Without limiting the foregoing, CITY and DEVELOPER agree that the maximum density permitted for the Property is _ DU's as provided in the Specific Plan, 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided expressly under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies of the City governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations as modified by the Specific Plan and as reflected in the other Current Development Approvals. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, the Reservations ofAuthority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such 7 'G6 -T-'OR, 10 matters; provided CITY shall use its best efforts to comply with the processing schedule attached hereto as Schedule 1. 3.3 Timing of Development. The parties acknowledge that DEVELOPER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors that are not within the control of DEVELOPER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co v City of Camarillo (1984) 37 Cal.3d 465, that the failure of the parties therein to provide for the tuning of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that DEVELOPER shall have the right to develop the Property in such order and at such rate and at such times as DEVELOPER, in its sole and absolute discretion deems appropriate, subject only to any timing or phasing requirements set forth in the Development Plan. 3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Changes and Amendments. The parties acknowledge that development of the Project will require Subsequent Development Approvals and may include changes that are appropriate and mutually desirable in the Current Development Approvals. In the event DEVELOPER finds that a change in the Current Development Approvals is necessary or appropriate, DEVELOPER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement, including, without limitation, the Reservations of Authority. If approved, any such change in the Current Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Current Development Approvals'shall be deemed "minor" and not require an amendment to this Agreement but instead require only the approval of the CityManager (or its designee) provided such change does not: (a) Alter the permitted uses of the Property as a whole; or, (b) Increase the density or intensity of use of the Property as a whole; or, (c) Increase the maximum height of permitted buildings; or, (d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole or modify the Development Exactions; or, (e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code; or (f) Permit material changes to the architecture, design, or materials provided for in the Current Development Approvals or Subsequent Development Approvals for the Project; or 7 •�g.�� (g) Extend the term of this Agreement; or (h) Reduce the benefits to the CITY or Development Exactions provided for in this Agreement. . 3.6 Reservations of Authority. 3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. (a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. (b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter'of procedure. (c) Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code that are applied uniformly and on a City-wide basis to all development projects of a similar type as the Project. (d) Regulations imposing Development Exactions except as set forth in this Agreement; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit that includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would prevent or increase the cost of development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. (e) Regulations that may be in conflict with the Development Plan but that are reasonably necessary to protect the public health and safety of the residents of the Project or immediate community. To the extent possible, any such regulations shall be applied and construed so as to provide DEVELOPER with all of the rights and assurances provided under this Agreement. (f) Regulations that are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. 7 •C:8-40,4� 12 (g) Regulations that are in conflict with the Development Plan provided DEVELOPER has given written consent to the application of such regulations to development of the Property. (h) Regulations that,impose non-discriminatory City-wide taxes, assessments s or and/or fees, including but no limited to franchise fees or buns the CITY ess s upon tolthe DU's otr the nonresidential users (commercial or industrial) of real property Commercial Component but not including any Development Exaction or other fee designed to mitigate the impacts of the development of the Project. 3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent CTI Y from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. Without limiting the foregoing, DEVELOPER acknowledges that nothing in this Agreement limits the right of the City to conduct design review in accordance with its ExistingLand Use Regulations prior to issuing any building permits for improvements on the Property. DEVELOPER further acknowledges that such design review may result in modifications to the conceptual elevations and site plans included in the Specific Plan. 3.6.3 Modification or Susp ension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, suchprovisions of this Agreement shall be modified or suspended as maybe necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power that cannot be so limited_ This ed, contrary to its stated terms if necessary, to reserve to CITY all such Agreement shall be constru power and authority that cannot be restricted by contract. 3.7 Public Works. If DEVELOPER is required by this Agreement to construct any improvements that will be dedicated to CITY or any other public agency upon completion and if required by applicable laws to do so, DEVELOPER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. A list of public works to be constructed by DEVELOPER is set forth in Exhibit _ attached hereto and incorporated herein by reference. 3.8 provision ofReal Pro interests by CITY. In any instance, where DEVELOPER is ublic improvement on land not owned by DEVELOPER, DEVELOPER required to construct any p e or cause to be provided, the real property interests shall at its sole cost and expense provid necessary for the construction of such public improvements. This Section 3.8 is not intended by the parties to impose upon the DEVELOPER an enforceable duty to acquire land or construct anypublic -7 e> �� improvements on land not owned by DEVELOPER, except to the extent that the DEVELOPER elects to proceed with the development of the Project, and then only in accordance with valid conditions consistent with the Development Plan imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority. 3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seg.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to DEVELOPER, then and to that extent the rights and protections afforded DEVELOPER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that development of the Propertywill result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on DEVELOPER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on DEVELOPER by providing more fully for the satisfaction of the public needs resulting from the Project. Developer's obligations under this Section 4 shall survive any termination of this Agreement except termination under Section 7.5. 4.2 Development Impact Fees/Traffic Fee. 4.2.1 City Traffic Fee. DEVELOPER shall pay to the City a development impact fee (the "City Traffic Impact Fee") equal to the "fair share" cost of those traffic improvements allocable to the Property as determined by the Project traffic study in accordance with Government Code Section 66000 et seq. 4.2.2 Time of Payment. The City'f raffic Fee required pursuant to Subsection 4.2.1 for the Property shall be paid to CITY on the dates set forth in Schedule 2. During the term of this ` 86 14 Agreement, commencing as of the Effective Date, the City Traffic Fee shall not be increased with respect to this Project, 4.2.3 In -Lieu Construction. DEVELOPER shall be entitled to credit against the City Traffic Fee for the construction of any, of the improvements for which those fees arepaid. Such credit shall be equal to the City's program costs for such improvement(s) listed on the "Fair Share" studies used by City to determine those fees. 4.3 Proi Oct Park Requirement. 4.3.1 Quimby Fees. DEVELOPER currently contemplates the construction of _ Condominium/townhouse DU's for which DEVELOPER shall pay Quimby Act Fees in the amount and at the times set forth in Schedule 2 attached hereto in accordance with Chapter 21.32.040(D) of the City's Municipal Code (the "Quimby Act Fees'' ). CITY agrees that the Quimby Act Fees shall not be increased during the term of this Agreement.CITY and DEVELOPER agree that the Quimby Act Fees were determined by using the fair market value of land located. in the CITY reasonably suitable for park purposes as mutually agreed by CITY and DEVELOPER. 4.3.2 Improvement Credits. DEVELOPER shall receive credit against the Quimby Act Fees for any park improvements or land dedications made by DEVELOPER. 4.3.3 Park Improvement and Dedication. DEVELOPER shall construct and dedicate to CITY a fully improved neighborhood park on the portion of the Property described in Exhibit_ and incorporated herein by reference. The plans and specifications for the park, including grading, landscape, hardscape, signage, furniture and play equipment, are set forth in Exhibit and incorporated herein by reference. The park shall be under construction by the time City issues a building permit for the 25`h DU and completed to CITY's satisfaction prior to issuance of a building permit for the 75`h DU of the Project; building permits after the 75`h DU shall not be issued until and unless the park is timely commenced and completed to CITY's satisfaction. In the event that DEVELOPER is unable to acquire the property from the Walnut ValleyUnified School District necessaryto construct the park as set forth in Exhibit _, then the park shall be constructed entirely on DEVELOPER's Property at a location subject to CITY's prior written approval, regardless whether it reduces the number of DTJ's that are contemplated in the Development Plan. 4.4 Development Agrcgment Fees. 4.4.1 Residential Fees. In consideration of the vested rights to be accorded DEVELOPER under this Agreement and CITY's release of the deed restriction limiting the development of the Property, Developer agrees to pay to the CITY a development agreement fee at the issuance of certificates of occupancy for each DU in the Project as follows: $20,000.00 per DU 4.5 Processing Fees. 4.5.1 DEVELOPER shall pay to CITY all applicable processing fees regularly 15 charged by CITY, the amount of which may be increased from time to time on a City-wide, non- discriminatory basis. 4.5.2 Within 30 days of DEVELOPER'S receipt of an invoice from CITY, DEVELOPER shall reimburse CITY for additional costs incurred by CITY in connection with preparing, reviewing, or evaluating this Agreement and the Development Approvals. Such reimbursement shall include staff time and materials charges in excess of those charges included within CITY'S usual processing fees, including overtime, and shall include the CityAttorney's fees. 4.5.3 DEVELOPER shall reimburse CITY for any and all actual costs incurred, including staff time at standard CITY rates, in monitoring and enforcing DEVELOPER's performance of its obligations hereunder. This reimbursement is exclusive of the annual review fee provided for in Section 5.1 herein. 4.6 No Additional Impact Fees. Except for the City Traffic Fee and the QuimbyFees, the City may not impose any new, additional, or increased Development Impact Fees upon the Property during the term of this Agreement. DEVELOPER aclmowledges that a reasonable relationship exists between the Development Impact Fees, Development Exactions and Processing Fees imposed herein and in the Development Approvals and the impacts of the Project on the City and the community and CITY's costs of processing. DEVELOPER agrees not to challenge the legality of the Development Impact Fees, Development Exactions and Processing Fees. REVIEW FOR COMPLIANCE. 5.1 Periodic Review. The City Manager (or its designee) shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by DEVELOPER with the terms of the Agreement. DEVELOPER shall submit an Annual Monitoring Report, in a form acceptable to the City Manager (or its designee), within 30 days after written notice from the City Manager (or its designee). The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year.. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 5.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager (or its designee) shall conduct such special reviews. 5.3 Procedure. . (a) During either a periodic review or a special review, DEVELOPER shall be required to demonstrate good faith compliance with the terms ofthe Agreement. The burden ofproof on this issue shall be on DEVELOPER. (b) Upon completion of a periodic review or a special review, the City Manager (or its designee) shall submit a report to the City Council setting forth the evidence concerning good faith compliance by DEVELOPER with the terms of this Agreement and his or her recommended finding on that issue. 7'C5 -� 16 (c) If the City Council finds on the basis of substantial evidence that DEVELOPER has complied in good faith with the terms and conditions of this Agreement, review shall be concluded. (d) If the City Council makes a preliminary finding that DEVELOPER has not complied in good faith with the terms and conditions of this Agreement, the City Council may modify or terminate this Agreement as provided in Section 5.4 and Section 5.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to DEVELOPER prior to or concurrent with, proceedings under Section 5.4 and Section 5.5. 5.4 Proceedings U on Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or temiir,ation of this Agreement, CITY shall give written notice to DEVELOPER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain: (a) The time and place of the hearing; (b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and,' (c) Such other information as is reasonably necessary to informDEVELOPER of the nature of the proceeding. 5.5 Hearing on Modification or Termination. At the time andplace het forDEVE theheOPER on modification or termination, DEVELOPER shall be given an opportunityto compliance with the terms and conditions of this shall be required to demonstrate good faith Agreement. The burden of proof on this issue shall be on DEVELOPER. If the City Council finds, based upon substantial evidence, that DEVELOPER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this e reasonably necessary to protect the interests of the Agreement and impose such conditions as ar all be final, subject only to judicial review pursuant to CITY: The decision of the City Council sh Section 1094.5 of the Code of Civil Procedure. 5.6 Certificate of Agreement_ Co .Bance. If, at the conclusion icon request c or special review, DEVELOPER is found to be in compliance with this Agreement, CITY hall, by DEVELOPER, issue a Certificate of Agreement Compliance ("Certificate") to DEVELOPER stating that after the most recent periodic or special review andbased upon the information known or made known to the CityManager (or its designee) and City Council that (1) this Agreement remains in effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form, shall nicate constructive record notice of the finding of contain information necessary to commu r special review and shall compliance, shall state whether the Certificate is issued after a periodic o state the anticipated date of commencement of the next periodic review. DEVELOPER may record the Certificate with the Los Angeles County Recorder. I Whether or not the Certificate is relied upon by assignees or other transferees or DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the 77..6 47 periodic or special review, but was concealed from or otherwise not known to the City Manager (or its designee) or City Council. 6. PREVAILING WAGES. 6.1 Public Works Determination. DEVELOPER has been alerted to the requirements of California Labor Code section 1770 et sem., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Development Agreement constitutes a public works contract. It shall be the sole responsibility of DEVELOPER to deteraune whether to pay prevailing wages for any or all work required by this Development Agreement. As a material part of this Development Agreement, DEVELOPER agrees to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Development Agreement. 6.2 Indemnification. As a further material part of this Development Agreement, DEVELOPER agrees to indemnify, defend and hold harmless the CITY, its officials, officers, employees, consultants and agents from any and all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever type or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of the DEVELOPER or DEVELOPER's contractors to comply with the prevailing wage laws of the State of California. If the CITY or any of the other indemnified parties is named as a party in any dispute arising from the failure of DEVELOPER or DEVELOPER's contractors to pay prevailing wages, DEVELOPER agrees that the CITY and those other indemnified parties may appoint their own independent counsel, and DEVELOPER agrees to pay all attorneys' fees and defense costs of the CITY and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by the CITY and those other indemnified parties as a result of the action. DEFAULT AND REMEDIES. 7.1 1a) DEVELOPER's Remedies . It is acknowledged by the parties that CITY would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In addition, the parties agree that monetary damages are not an adequate remedy for DEVELOPER if CITY should be determined to be in default hereunder. The parties further agree that specific performance shall be DEVELOPER's only remedy under this Agreement and DEVELOPER may not seek monetary damages in the event of a default by CITY under this Agreement. DEVELOPER covenants not to sue for or obtain monetary damages for breach by CITY of any provisions of this Agreement. (b) CrIY's Remedies. The parties agree that CITY shall have limited remedies for monetary damages and specific performance as provided in this Section 7.2 CITY shall not have any right to compel specific performance with respect to the construction of the Project or any obligation to construct the Project. Further, CITY shall have no right to monetary damages as a result of DEVELOPER's failure to construct the project. However, CITY shall have the right to sue for monetary damages for failure by DEVELOPER to pay any amounts owing under this Agreement including without limitation any amounts owing pursuant to Sections 4 and 5.1. In no event shall CITY be entitled to consequential damages or punitive damages for any breach of this Agreement. 7 -C8 —9b 18 CITY shall also have the right to seek monetary damages for reimbursements of the actual costs incurred by CITY to construct, complete, demolish, remove or restore any physical infrastructure improvement in the public right of way that DEVELOPER commences constructing but fails to complete: Further, nothing in this Agreement precludes CITY from exercising its rights to enforce bonds or other security furnished by DEVELOPER to CITY as required in the Development Plan. 7.2 Release. DEVELOPER, for itself, its successors and assignees, hereby releases the CITY, its officials, officers, agents and employees from any and all claims,ent or future, including, but of anykind or nature arising out of any liability, known or unknown, p not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance that seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 7.3 Termination or Modification of A eement for Default of DEVELOPER. Subj cot to the provisions contained in Subsection 5.5 herein, CITY may terminate or modify this Agreement for any failure of DEVELOPER to perform any material duty or obligation of DEVELOER under this P Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as this Agreement pursuant to this "default"); provided, however, CITY may terminate or modify thenaturcofthe Section only after providing written notice bo DEVELOPER f setting forandt whet the default default and the actions, if any, required y E OPER to cure such de can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day has failed to commence the actions necessary to cure period but can be cured within a longer time, such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 7.4 Termination of A cement for Default of CITY. DEVELOPER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured witbin such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. g THIRD PARTY LITIGATION: 8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. DEVELOPER has. reviewed the General Plan and concurs with CITY's determination. CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of DEVELOPER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination -7 .��^� that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. 8.2 Third Party Litigation Concerning Agreement. DEVELOPER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officials, officers, independent contractors, subcontractors, and employees from any.claim, action or proceeding against CITY, its agents, officials, officers, independent contractors, subcontractors, or employees to attack, set aside, void, or annul the approval of this. Agreement or the approval of any Subsequent Development Approval granted pursuant to this Agreement. CITY shall promptly notify DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, DEVELOPER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may, in its discretion, participate in the defense of any such claim, action or proceeding, at DEVELOPER's expense, with counsel of CITY's choosing.. 8.3 Indemnity. In addition to the provisions of Section 8.2 above, DEVELOPER shall indemnify and hold CITY, its officials, officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (DEVELOPER's employees included) or any other element of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure or conveyance of the public improvements, save and except claims for damages to the extent arising through the gross active negligence or willful misconduct of CITY. DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials, agents, employees, subcontractors and independent contractors in any action or proceeding based upon such alleged acts or omissions. CITY may, in its discretion, participate in the defense of any such action or proceeding. This indemnity provision shall survive the termination of this Agreement. 8.4 Environment Assurances. DEVELOPER shall indenu fy and hold CITY, its officers, officials, agents, independent contractors, subcontractors, and employees free and harmless from any liability, based or asserted, upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors, predecessors in interest, successors; assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials, independent contractors, subcontractors, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may, in its discretion, participate in the defense of any such action. 8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attomey(s) that DEVELOPER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its own defense, provided, however, that DEVELOPER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 7.c�-`� 20 8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit DEVELOPER, in any manner, at DEVELOPER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that Mortgagees providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with DEVELOPER and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be, entitled to the following rights and privileges: (a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value, unless otherwise required by law. (b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by DEVELOPER in the performance of DEVELOPER's obligations under this Agreement. (c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to DEVELOPER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. (d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of DEVELOPER's obligations or other affirmative covenants of DEVELOPER hereunder, or to guarantee such performance; provided, however, that to the extent that any covenant to be performed by DEVELOPER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignmentby any Mortgagee in possession shall be subj cot to the provisions of Section 2.4 of this Agreement. 7'r.B-173 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Los Angeles County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 10.2 Entire Agreement. This Agreement sets forth and contains the entire -understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be, determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.8 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 22 10.10 Force Mai eure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other hreal regor ulations, colties beyondurt actions (such party's control, (including theparty's employment force), government as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder maybe extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.11 Mutual Covenants. The covenants contained herein y e tua coventelts and also d thereby of constitute conditions to the concurrent or subsequent performance b the arty the covenants to be performed hereunder by such benefitted party. 10.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and the inure to, all successors in interest to the parties to this Agreement. benefits of this Agreement shall All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.13 Counterparts. This Agreement maybe executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.14 jurisdiction and V enue. Any action at law or inequity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los hereto waive all provisions of law providing for the Angeles, State of California, and the parties filing, removal or change of venue to any other court. 10.15 Proiect as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and DEVELOPER is that of a government entity regulating the development of private property and the developer of such property. 10.16 Further Actions and Instruments. Each of the parties shall cooperate with and -provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent -7 . C-8 4� and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by ibis Agreement. 10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.18 Agent for Service of Process. In the event DEVELOPER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, DEVELOPER shall file with the City Manager (or its designee), upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon DEVELOPER. If for anyreason service of such process upon such agent is not feasible, then in such event DEVELOPER maybe personally served with such process out of Los Angeles County and such service shall constitute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court referenced in Section 10.14 so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U_S.T. 361, T.I.A.S. No. 6638). 10.19 Authority to Execute. The person or persons executing this Agreement on behalf of DEVELOPER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind DEVELOPER to the performance of its obligations hereunder. 10.20 DEVELOPER ACKNOWLEDGES AND AGREES THAT DEVELOPER THOROUGHLY REVIEWED THIS AGREEMENT THE RIGHTS AND OBLIGATIONS OF DEVELOPER UNDER THIS AGREEMENT, WITH LEGAL COUNSEL, AND DEVELOPER HAS EQUAL BARGAINING POWER AND THE REQUISITE EXPERIENCE, SOPHISTICATION, AND FINANCIAL STRENGTH TO UNDERSTAND, INTERPRET, AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS OF SECTION 4.4 OF THIS AGREEMENT. DEVELOPER ACKNOWLEDGES AND AGREES THAT IT HAS EVALUATED THE RISKS AND MERITS OF OBLIGATIONS AND BENEFITS OF THIS AGREEMENT AND IS WILLING AND ABLE TO BEAR THE ECONOMIC RISK OF THIS AGREEMENT AND ALL REMEDIES RELATED THERETO. 7 24 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. "DEVELOPER' ICCL-SOUTH POINTE WEST, LLC a Delaware limited liability company By: South Pointe West Investors, LLC a California limited liability company Dated: By: _ Name: Title: By: Lewis-LJCC Member, LLC, a Delaware limited liability company LEWIS OPERATING CORP., a California corporation — sole manager M "CITY" CITY OF DIAMOND BAR Dated: Name: STATE OF CALIFORNIA ) ss. COUNTY OF 1 On before me, a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature EXHIBIT "A -I" TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Legal Description Of Property EXHIBIT "A-2" TOSOUTH POINTE WEST DEVELOPMENT AGREEMENT Description of Annexahle Property 7.Cj,-17 EXHIBIT "A-3" TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Notice of Annexation Recording requested by: TITLE COMPANY Order No. When recorded return to: (Space Above This Line for Recorder's Use Only) NOTICE OF ANNEXATION FOR SOUTH POINTE WEST Exhibit "A-3" NOTICE OF ANNEXATION SOUTH POINTE WEST DEVELOPMENT AGREEMENT THIS NOTICE OF ANNEXATION I ("Notice of Annexation") is executed by the City of Diamond Bar ("City") and JCCL-South Pointe West, LLC, a Delaware ana in accordance with ("Developer") this _._,_-.----,- day of __.-.__._ _ -' 200— p that certain South Pointe West Development Agreement bele e "DevelopmentDB Agreement!).ar " eveloper approved 1200– (Ordinance (206 RECITALS A. Developer is the owner of that certain real property located in the City of Diamond Bar, County of Los Angeles, State of California, more particularly described and set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Annexable Property"), B. Section 1.1.22 of Development Agreement requires that Developer annex the Annexable Property into the Development Agreement within thirty (3 0) days after its acquisition of title to the Annexable Property. NOW, THEREFORE, in accordance with the foregoing recitals and pursuant to Section 1. 1.22 of the Development Agreement, City and Developer agree as follows: ARTICLE 1 ANNEXATION 1.1 Annexation of Annexable Property. City and Developer hereby declare that the Annexable Property is annexed to and made part of the Property already subject to the Development Agreement. This Notice of Annexation constitutes a notice f irtueannexation n as described the Section 1.1.20 of the Development Agreement. By Annexation Property is and shall be part of the Properly and subject to each and all of the terms and conditions of the Development Agreement. ARTICLE 2 GENERAL PROVISIONS 2.1 Amendment. This Notice of Annexation may be amended only in accordance with the provisions of the Development Agreement. 2.2 Inurement. This Notice of Annexation, and each of the covenants, conditions, restrictions, Agreement, reservations, casements,liens shall inure tothe benefiiofand bebind gupon Developer nd charges set forth in the D with the Annexable Properly and and its successors -in -interest to the Annexable Property, for such duration and according to such terms and provisions as set forth in the Development Agreement_ 2.3 Defined TeTms• Unless otherwise defined herein, all capitalized words and phrases used in 7.65 -- (� i Assignment / Notice of Annexation Page 2 this Notice of Annexation shall have the same meanings given them in the Development Agreement. IN WITNESS WHEREOF, the City and Developer have executed this Notice of Annexation as of the date first above written to be effective upon its recordation in the Official Records of Los Angeles County, -California. "CITY" CITY OF DIAMOND BAR M Name: Title: "DEVELOPER" JCCI,-SOUTH POINTE WEST, LLC a Delaware limited liability company By: South Pointe West Investors, LLC a California limited liability company By: _ Name: Title: By: Lewis-LJCC Member, LLC, a Delaware limited liability company LEWIS OPERATING CORP., a California corporation — sole manager to 7.68- /0-�- Exhibit "A-3" STATE OF CALIFORNIA ) ) ss. COUNTY OF On before me, a Notary public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he ex , r the uted the same in his authorized capacity, and that by his signature on the instrument the person, 11 entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ) ss. COUNTY OF a Notary On before me, public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) t he executed the be the person whose name is subscribed to the within instrument and acknowledged to me that same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature 7.GE3 -'" ANNEXABLE PROPERTY Exhibit "A-3" EXy"IT "B" TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Map of Specific Plan Area I Ce, -/off EXHIBIT "C" TO SOUTH POINTE DEVELOPMENT AGREEMENT Current Development Approvals 7.615 — le) C:> Exhibit "C" EXHIBIT °D" TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Existing Land Use Regulations 1, City of Diamond Bar, Development Code Adopted November 3, 1998 2, City of Diamond Bar, General Plan Adopted July 25, 1995- SCHEDULE 1 TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Entitlement Processing Schedule 7 -G8 - / 0<P Schedule I SCHEDULE2 TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Project Impact Fees FEE DESCRIPTION AMOUNT TIME OF PAYMENT City Traffic Fee [To be Determined per Section 4.2.1 ] Residential — prior to each certificate of occupancy Quimby Fee $5,620 per DU Prior to each certificate of occupancy 7-G8—(ok PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 2005-05, DEVELOPMENT REVIEW NO. 2005-01 AND TREE PERMIT NO. 2005-06 FOR CONSTRUCTION OF A 99 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH A 4.68 -ACRE NEIGHBORHOOD PARK AND THE REMOVAL/REPLACEMENT OF OAK AND WILLOW TREES ON AN APPROXIMATELY 34.52 -ACRE SITE LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005- 02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765- 005-905, 8763-026-907, AND 8763-026-901) A. RECITALS I. The applicant, South Pointe West, LLC, has filed an application for Conditional Use Permit No. 2005-05, Development Review 2005-27 and Tree Permit No. 2005-06 fora site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005- 07, and portions of 8765-005-905,8763-026-907, and 8763-026-901). All further references to the conditional use permit, development review and tree permit shall be referred to as the Application. 2. The Application is being reviewed by the Planning Commission concurrently with General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Pan No. 2005-01, Vesting Tentative Tract Map No. 63623, Development Agreement No. 2005-01, and Environmental Impact Report No. 2005-01. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; -7-Gr3-/IC) 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 4. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site; Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; 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 is to develop vacant land comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901) with 99 single-family condominiums and a public park. (b) The current General Plan land use designations for the site include PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -Density Residential). General Plan Amendment 2005- 01 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. (c) The project site is within the R-1-15000 (Single Family Residence -Minimum Lot Size 15,000 Square Feet) and RPD - 10000 (Residential Planned Development with 10,000 -square - foot lot size) Zones. Zone Change No.2006-03 is being reviewed concurrently with the Application that requests that the City Council approve the zone change from the current zoning to Specific Plan for General Plan compliance. (d) Generally to the project site is surrounded by existing single- family homes on the north, south and west. The South Pointe Middle School is located just to the northeast of the project site. Vacant land is borders the site on the east. 7 •6d -It a-- Conditional Use Permit/Hillside Management The Planning Commission shall evaluate a Conditional Use Permit for hillside development based on the following objectives and required findings: (f) The preservation of natural topographic features and appearances by means of landform grading so as to blend man-made or manufactured slopes into the natural topography. The proposed project involves the development of the site with 99 detached residential condominiums, 95.93 acres of open space, and a 4.68 -acre neighborhood park. The project site has received extensive remedial grading due to a landslide that occurred on the site in 9995. Therefore, much of the natural topographic features have been changed with the terraced slopes and concrete ditches to channel water. However, the project includes extensive grading of the site to create 99 residential building pads and a system of private streets on the site. The grading plan shows some areas where the site will be graded to blend with the existing topography. However, much of the site does not receive landform grading due to the proposed clustering of the buildings in certain areas of the site. Buildings pads are located within the portions of the site where the existing topography is the flattest and more steeply sloped areas will be preserved as natural open space. Clustering of the residential units is within the flatter areas of the site to preserve additional open space. Proposed grading activities seek to apply contour grading to create more naturalized engineered slope areas to the extent possible. Therefore, the project is substantially consistent with this finding. (g) The preservation of natural features and appearances through restrictions on successive padding and terracing of building sites. The proposed project clusters development within the flatter areas of the site to preserve additional open space. This requires smaller pads to accommodate 99 residential units and, therefore results in preservation of additional open space areas that would not be achieved with a conventional single- family development. in addition, the 9995 landslide and subsequent remedial grading of the site resulted in disturbance of a large portion of the natural topography of the site. 7.68"<<3 Therefore, the project is consistent with this objective. (h) The retention of major natural topographic features, drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas. The EIR has been prepared for the proposed project and has analyzed visual impacts, scenic resources, drainage courses, watershed areas, steep slopes and vernal pools. Although the project site is currently undeveloped vacant land, it does not contain any unique aesthetic features or scenic resources. Topographic features and slopes have been addressed above in Finding (f) and with mitigation measures from the Mitigation Monitoring Program that will be incorporated into the proposed project, it is anticipated that the environmental impacts related to topographic features and slopes will be mitigated to a level of less than significant. Because the site has been substantially disturbed and regarded as a result of the 9995 landslide. Based on the extent of the disturbance and grading, the scenic views will not be affected by the project. There are no exceptional or unique aesthetic features or scenic vistas present within the project boundaries. With the incorporation of conditions of approval such as: using landform grading techniques in order to minimize the visual impacts to the natural topography and maintain the look of natural slopes to thb maximum extent, revegetation of manufacture slopes on the project site with natural and drought tolerant plant material, and the planting of vegetation associated with the future new homes will contribute to the visual continuity of the project site with the surrounding environment. As a result, aesthetic and visual impacts associated with the proposed,project will be less than significant. (i) The preservation and enhancement of prominent landmark features, significant ridgeline, natural rock outcropping, protected trees and woodlands (Chapter 22.28, Tree Preservation and Protection), and other areas of special natural beauty; The preservation and enhancement of prominent landmark features and significant ridgeline is addressed in the above referenced Findings (t) and (h). Natural rock outcroppings do not exist at the project site. -7.6�3-►t`� According to the EiR, focused surveys were prepared for native trees and special status plants/vegetation. The potential significance of environmental impacts on biological resources has been assessed. The proposed project will impact 39 oaks and one willow tree. The EIR concluded that with the implementation of mitigation measures as prescribed in the Mitigation Monitoring Program summarized as follows, it is anticipated that the proposed project and cumulative biological resources impacts would be reduced to a level less than significant. The applicant will implement the mitigation plan, as approved by the City and according to the guidelines and performance standards of the plan. The mitigation measures are as follows: ■ A combination of on-site or off-site preservation, enhancement, and/or restoration at no less than a 1:1 acreage ratio; ■ Native tree protection at a 3:1 ratio to replace 39 coast live oak trees and one willow tree;; ■ Biological monitoring; ■ Obtain appropriate permits from California Department of Fish and Game, U.S. Fish and Wildlife Services, U.S. Army Corps of Engineers and State Water Resources Control Board, ■ Lighting plan reviewed and approved by the City demonstrating that lighting from the project will be directed away from natural open space areas. ■ Develop a planting schedule which requires planting to occur in late fall early winter between October 30, to January 30; and (j) The utilization of varying setbacks, building heights, foundation design and compatible building forms, materials, and colors which serve to blend buildings into the terrain. The proposed project will result in the development of 99 residential units and a public park. The homes will be situated along the private streets that will be located in areas of the site that are the flattest. The.private streets will have a curvilinear pattern that avoids the steepest areas of the site. Several of the home design will be stepped back to follow the natural topography of the site. As a condition of approval, colors and material will be required to be compatible with other homes in the surrounding area. Foundation design will be required to comply with the California Uniform Building Code. 77-C8 -It5- (k) The utilization of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes. The proposed development of the site will result in clustering of the residences in the flattest areas of the site. In order to preserve as much of the site as possible as open space, building pads are designed to be smaller than conventional single-family lots. (1) The utilization of building designs, locations, and arrangements, which serve to avoid a continuous intrusive skyline effect and which afford view privacy and protection; The proposed design of the residences includes stepping back of the third story and the use of curvilinear street patterns which serve to mitigate the skyline effect. (m) The preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effect of grading and construction and hillside area. As a condition of approval of this project, revegetation of the manufactured slopes will be applied in patterns which occurin nature to the extent possible, thereby minimizing the visual effect of grading. The revegetation will be required to be accomplished with suitable plant material requiring minimal cultivation and irrigation in order to thrive, thereby fostering slope stability and minimizing the potential for erosion. (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. There are four private streets that will be constructed to accommodate on-site vehicular circulation. Those streets, identified on the plan as Streets Private Drives A through D, will be located within areas of the site with relatively flat topography and generally curve along the bases of the sloped areas. Streets will have rounded off cut slope to conform to the existing contour of the site. All improvements will be constructed to the satisfaction of the City Engineer. Consequently, the project is consistent with the finding. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The project is designed as a cluster development with the residential units situated in the flattest areas of the site. The General Plan strategies for this site include the conservation of open space resources and to preserve significant environmental resources through clustering to a portion of the site. The project is consistent with these General Plan strategies in that the buildings will be clustered along the flattest areas of the site in small lots so that the areas with the steepest slopes can be preserved as open space. The South Pointe West Specific Plan has been developed that includes a conceptual site plan and development standards that promote clustering of the homes in certain areas of the site. The project is substantial compliance with the specific plan conceptual site plan and development standards. The City's Design Guidelines promote compatibility with adjacent development. The project will not have a negative effect on adjacent existing residential areas in that the project will be gated to discourage through traffic, will contain single- family detached condominiums with private rear yards and that are setback from the street that resemble adjacent traditional single-family development, and the location of the open space areas along the project boundaries will serve as buffer areas. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The conceptual site plan proposed under the South Pointe West Specific Plans shows a clustered residential development that includes open space areas along the site peripheries that act as a buffer. In addition, the project is proposed as a gated community that will discourage through traffic. Private streets within the project site will have a sidewalk on each side to provide pedestrian circulation through the site. The design and layout of the proposed residential -7-96-1/7 project will compliment the neighboring uses and will provide an integrated development that reduces traffic conflict and encourages pedestrian to walk. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed architectural styles for the single-family condominiums together with the conditions of approval meet the intent of the design guidelines of the Specific Plan. (j) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed project as conditioned will provide a desirable environment for its occupants and visitors. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed project will improve the property and add value and positive impact to the City. In addition, as part of the proposed development of the site, the applicant will further remediate anyremaining landslide hazards on the site and the adjacent area of Morning Sun Avenue. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to CEQA Guidelines Section 15063, the City has prepared an Environmental impact Report (EIR) for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead agency, prepared an Environmental impact Report (EIR) for the purpose of analyzing the direct, indirect, and cumulative impacts from the development of the South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting 7-a8- U Tentative Map and covers future development of the site with the proposed project. The SPW project reviewed underthe EIR includes the 39.43 -acre site, the public park and a 7.4 -acre stockpile site situated east of the future park site. Per CEQA Guidelines Section 95090, the EIR is being reviewed concurrently with the approval of the Application and must be certified by the City Council before project approval. Tree Permit (m) The impacted trees interfere with utility services, or streets and highways, either within or outside of the subject property, and there is no reasonable alternative exist other than removal of the trees. (n) 'Preservation of the trees are not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with section 22.38.130 (Tree replacementirelocation standards). The developer is proposing to remove approximately 39 protected trees. The developer would be required to replace the removed trees at the ratio of three trees to one removed tree. A condition of project approval requires the applicant to provide a mitigation plan prepared by a certified arborist that will include mitigation measures consistent with Sections 22.38.930 and 22.38.140. (t) Preservation of the tree is not feasible and would compromise the property owners reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards According to the EiR prepared for the project site, a tree survey was prepared for native trees and special status plants/vegetation. The proposed project will impact 39 oak trees and one willow tree will be required to be removed for development of the site with the project. The EIR concluded that with the implementation of mitigation measures as prescribed in the Mitigation Monitoring Program summarized as follows, it is anticipated that the impacts to protected trees would be reduced to a level less than significant. -7.(&B- /t9 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Conditional Use Permit No. 2005-05, Development Review No. 2005- 27 and Tree Permit No. 2005-06 subject to the following conditions, the attached Standard Conditions and the Mitigation Monitoring Program: a. GENERAL (1) This approval for Conditional Use Permit No. 2005-05, Development Review No. 2005-26 and Tree Permit No. 2005-06shall be null and void and of no affect unless the EIR (SCH #2005111118) is certified, the Mitigation Monitoring Program, Facts and Findings and Statement of Overriding Considerations are adopted, and the General Plan Amendment No. 2005-01, Zone Change No. 2005-03, Specific Plan 2005-01, Vesting Tentative Tract Mao 63623„ and Development Agreement No. 2005-01, are approved. This approval is valid for three years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. (2) In addition to the conditions in this resolution, the project shall comply with all conditions of approval in resolution nos. 2006-xx, 2006-xx, 2006-xx and 2006-xx. (3) The project shall comply with the Mitigation Monitoring Program for EIR 2005-01, SCH No. 2005111118. A copy if attached hereto and referenced herein. (4) Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association shall include provisions that require residents to park their cars in garage or on their own driveway. Further CC&Rs shall include provisions to prohibit the parking of RV vehicles or boats on private streets unless the RV vehicles or boats can be park in the garage. (5) All retaining wall except for the crib wall shall be of decorative material such as split face block, stucco or other acceptable material. (6) The final design of all walls, retaining wall, fences shall be subject to Community Development Director review 7 68-I�o and approval prior to issuance of grading permit. Final design of the crib wall and the landscaping shall be subject to Community Development Director review and approval prior to issuance of grading permit. (7) If feasible, the Applicant -shall -consider designing the debris basin as passive open space with landscaping, walking paths, benches and so forth subject to Community Development Director review and approval prior to issuance of building permits. (8) Additional architectural treatment shall be provided to the front elevations. Such architectural features as adding raised planter to the front wall next to the garage, entry arch or element to create an entry way to the building, adding more stone veneer, etc., subject to Community Development Director review and approval. (9) The two project -entries (Larkstone and Shepherd Hills) design together with the landscape theme, plant materials and its density of plant materials shall be subjected to Community Development Director review and approval. (10) Prior to issuance of building permit, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface in accordance with City Master Trail Plan to the City for review and approval. (11) The project site plan shall be revised to be consistent with all the setbacks contained in the South Pointe West Specific Plan. (12) The Applicant shall fully improve the parkway along_ Morning Sun Drive that includes curb, gutter, landscape with trees, shrubs, ground cover and appropriate irrigation subject to Los Angeles County review and approval. The Homeowner Association of the South Pointe West shall be responsible to maintain the parkway for project frontage along Morning Sun Drive. b. LANDSCAPE AND PRESERVED AND PROTECTED TREES (13) Before issuance of a grading permit or the removal/disturbance of oak and willow trees, the applicant shall submit to the Community Development -7-r.6 -i -,-i Director for review and approval a detailed and accurate tree survey and a coast live oak woodland plan prepared by an arborist specifying the following: (a) the precise number trees to be removed and/or protected; (b) the replacement trees, their location, the number (3:1 ratio), type, and size; (c) for coast live oak woodland. The restoration and replacement efforts shall use locally collected nuts or saplings grown from locally collected nuts. Appropriate understory shall be provided. (d) performance standards for the survivability of replacement trees; (e) a maintenance agreement stipulating the Applicant's obligations for a minimum five-year period, including the annual reporting; (f) the amount and derivation of the security deposit required under the City's trees preservation ordinance; (g) measures that will be taken to protect oaks and willows remaining on the property during construction consistent with Section 22.38.140 of the Development Code; (h) if in -lieu fees are used for a part of or all mitigation, this mitigation method shall also be in accordance with the requirements and approval of the California Department of Fish and Game and the City of Diamond Bar. C. EIR PROJECT CONDITIONS (14) The existing deed restriction that now encumbers Lot 49 in Tract No. 32576 which limits the development potential of that parcel to only one dwelling units shall be retained within the designated remainder portion of that parcel located to the east of the boundaries of Vesting Tentative Tract Map No. 063623 and extending between Larkstone Drive southward towards Peacehill Hills Road. 7 GB-ta.->— (15) Prior to the issuance of grading and building permits, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that each of the recommendations contained in the project's geotechnical investigation, in the City's third -party review, and in any supplemental reports as may be prepared by the Applicant's geotechnical engineer or engineering geologist or by others have been incorporated into the project's design, development, and operation. The project shall be constructed, operated, and maintained in accordance with those recommendations and with such additional geologic, geotechnical, seismic, and soils recommendations as may result from further pre - construction and post -construction engineering analyses that may be presented to or imposed by the City. (16) All identified geologic, geotechnical, seismic, and soils hazards located within the tract map boundaries that cannot be eliminated, as approved by the City Engineer, shall be identified on the final subdivision map as "Restricted Use Areas" subject to geologic hazard. The Applicant shall dedicate to the City the right to prohibit the construction of buildings or other structures within such restricted use areas. (17) In order to demonstrate compliance with applicable state and federal resource protection policies designed to protect or compensate for the loss of biological resources, before initiation of any grading activities, the Applicant shall provide the Directorwith documentation of receipt of a Section 401 (Federal Clean Water) water quality certification or waiver or waste discharge requirements form the Regional Water Quality Control Board, Los Angeles Region, a nationwide Section 404 (Federal Clean Water) permit from the US Army Corps of Engineers, and a Section 1602 (California Dept. of Fish and Game) streambed alteration agreement from the California Department of Fish and Game. The applicant, shall comply with all associated permit requirements. (18) Initial vegetation removal activities shall be conducted outside the nesting season (February 15 -August 15) to avoid impacts upon nesting birds. If initial vegetation removal activities occur during nesting season, before start of grubbing activities, all suitable habitat shall first be.thoroughly surveyed by a qualified biologist for the presence of nesting birds. If any active nests are detected, a buffer of at least 300 feet (500 feet for raptors) shall be delineated, flagged, and vegetation removal activities avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. (19) BMP devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type that minimizes the potential for vector (public nuisance) problem and maintained throughout the project life so as not to contribute to those problems. Unless accepted by the County, the responsibilities for and the funding of BMP maintenance shall constitute obligations of the homeowners' association. (20) Prior to the issuance of a grading permit, the Applicant shall submit and, when acceptable, the City Engineer shall approve a project -specific storm water management plan, including a description of source and treatment controls. (21) Volume -based treatment control BMPs and flow -based BMPs for the project shall be sized in accordance with provisions of the Los Angeles County's "Manual for the Standard Urban Storm Water Mitigation Plan" (SUSMP Manual). Facility sizing shall be finalized during the design stage by the project engineer with the final hydrology study, which will be prepared to ensure consistency with the SUSMP Manual and the EIR prior to issuance of the grading permit. (22) As a condition to the issuance of the grading permit, the Applicant shall be responsible for the repair of any damage to roads resulting from the delivery of heavy equipment and building materials and the import and export of soil material to and from the project site. Any resulting roadway report shall be to the Satisfaction of the City of Diamond Bar, if within the City, or the County of Los Angeles, if located in an unincorporated County area. (23) Construction Traffic Safety Plan. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a 7 -C8-IZCf construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes through residential neighborhoods to be used by construction vehicles; the points of ingress and egress of construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; the location of materials and equipment staging areas; maintenance plans to remove spilled debris from neighborhood road surfaces; and the hours during which large construction equipment may be brought on and off the sites. The CTMP shall provide for the scheduling of construction and maintenance -related traffic so that it does not create safety hazards to children and other pedestrians. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shallclean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shall be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. (24) Prior to the issuance of any grading or grubbing permits, the Applicant shall investigate the feasibility of constructing a temporary roadway or driveway, generally parallel to Larkstone Drive but south and independent of that roadway, for the purpose of directing construction traffic away from existing residential neighborhoods located to the west of the project site onto Diamond Crest Lane and Brea Canyon Road. Evidence of the feasibility or infeasibility of that construction access road shall include, but not necessarily be limited to, consideration of engineering feasibility, phasing of neighborhood park construction, ability of the Applicant to implement proposed stockpiling plans, and impacts upon residents to the `7 •6.8--12,57 east of the project site, and shall be provided to the City prior to the issuance of any grading or grubbing permits. If determined to be feasible and beneficial by the City, the City may elect to impose additional permit conditions directing, among other requirements, that all or a specified amount and/or type of construction traffic utilize that temporary access route. (25) Prior to the issuance of the final grading plan, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), CALTRANS "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and non -vehicular access along Larkstone and Morning Sun Drives throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. In lieu of a separate TCP, the Applicant may elect to prepare a combined construction traffic safety plan and traffic control plan. (26) Prior to the recordation of the final tract map, the Applicant shall provide, to the satisfaction of and in the amount specified by the City Engineer, the Applicant's fair -share contribution toward the cost of the improvements to the following intersections: (1) Fairway Drive/Brea Canyon Cut-Off/Colima Road; (2) Lemon AvenueNalley Drive; (3) Lemon Avenue/Golden Springs Drive; (4) Brea Canyon Road/Washington Street; (5) Brea Canyon Road/SR-60 WB Ramps; (6) SR -60 EB Ramps/Golden Springs Drive; (7) Brea Canyon Road/Golden Springs Drive; (8) Brea Canyon Road/Pathfinder Road; and (9) Brea Canyon Cut -Off Road/Pathfinder Road. (27) As stipulated in Article 9 of the 2001 California Fire Code and any associated design guidelines promulgated by the Los Angeles County Fire 7 '68 --l.Z{� Department (LACFD), unmonitored vehicular access gates shall, at all times; be accessible to emergency personnel and shall include a knox-box rapid entry system or similar emergency override key switch acceptable to the LACFD that is an integral part of the mechanism and appropriately located and labeled. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be pushed open without the use of special knowledge or equipment. (28) Deed restrictions or other controls shall be imposed on those lots abutting the intersection of Private Drive "A"/Private Drive "C" restricting the installation and maintenance of any landscape or hardscape improvements that would limit site distances to less than those distances recommended in the California Department of Transportation's "Highway Design Manual." Landscape and hardscape improvement plans for those properties shall be reviewed and approved by the City Engineer. (29) Prior to the recordation of the final tract map, the City's Traffic Engineer shall determine the need for any traffic control device along Larkstone Drive. If, in the judgment of the Traffic Engineer, additional traffic control devices are deemed required, those devices shall be installed and operational prior to the commencement of any public use of the proposed park facility. (30) Prior to the issuance of any grading permits, the Applicant shall prepare a fugitive dust (PM10) mitigation plan. The plan shall identify methods to control fugitive dust through the implementation of reasonable available control measures in sufficient frequencies and quantities to minimize the transport of visible emissions beyond the project boundaries. Provisions of the plan shall include, but may not be limited to, the stipulation that: (1) all exposed surfaces and unpaved road shall be watered at least three times daily; (2) non-toxic soil stabilizers shall be applied to all inactive areas; (3) ground cover shall be replaced in disturbed areas as quickly as practical; and (4) non-toxic soil stabilizers shall be applied to all soil stockpiles. In addition, the plan shall include two or more of the following best available control measures: (1) water all active construction areas at least four times daily; (2) cover all 7 - Ca -1 z7 haul trucks or maintain at least 2 feet of freeboard; (3) pave or apply water four times daily to all unpaved parking or staging areas; (4) apply dust stabilizing chemicals and water internal haul roads four times daily; (5) sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; (6) cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material; (7) suspend all operations on any unpaved surface if winds exceed 25 mph; (8) hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; (9) coordinate the schedule of fill placement with the school district to minimize dust nuisance as much as possible; and (10) do not perform grading, or excavation, or other soil disturbance activities within 100 feet of a home or school building when winds blow from the activity toward the receiver. (31) In order to reduce emissions associated with the application of architectural coatings, the Applicant shall: (1) use pre -coated building materials where possible; (2) use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency; (3) use lower volatility paint with 100 grams of ROG per liter or less; (4) spread out the application over a longer period of time; and (4) use no more than 100 gallons of paint per day. (32) The staging, storage, and maintenance areas for diesel - powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences. and, unless otherwise authorized by the City, no closer than 100 feet from any existing residential receptor. (33) With regards to building design, operational emissions shall be further reduced through the: (1) use light- colored roofing materials in construction to deflect heat away from buildings thus reducing energy consumption; (2) use dual -paned windows to reduce thermal loss in buildings; and (3) installation of automatic lighting onloff controls and energy-efficient lighting. (34) In order to further reduction construction -term air quality impacts, the Applicant shall: (1) encourage car pooling for construction workers; (2) limit lane closures to off- 7�G13-I Cf peak travel periods; (3) park construction vehicles off traveled roadways; (4) wet down or cover dirt hauled off the site; (5) wash or sweep access points daily; and (6) encourage receipt of materials during non -peak traffic hours. (35) During the construction period, the Applicant shall ensure that: (1) all construction equipment is properly maintained and tuned; (2) all equipment designed to operate with a muffler system is fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed; and (3) all stationary noise sources, such as generators and compressors, are located as far from residential receptor locations as feasible. All construction activities shall be subject to compliance with all applicable noise - related provisions as may be set forth by the City. (36) Grading activities shall be restricted within 300 feet of any home to Monday through Friday to between the hours of 7:OOAM and 3:OOPM. (37) Prior to the commencement of grading activities, the Applicant shall prepare and submit for review by the Los Angeles County Sheriff's Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD into a, final construction security plan and shall implement that plan during the construction period. (38) Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration of the neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) offer specific design recommendations to enhance public safety and reduce potential demands upon police services. (39) Prior to the commencement of grading or grubbing. activities, the Applicant shall prepare and submit to the Los Angeles County Fire Department (LACFD) a fire 7•G8- 1-9 protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. (40) Prior to the issuance of a grading permit, the Applicant shall submit and the LACFD shall review and, when deemed acceptable, approve a fuel modification, landscape, and irrigation plan in compliance with County Very High Fire Hazard Severity Zone (VHFHSZ) standards. (41) Prior to the issuance of a grading and building permits, the LACFD will review and, when deemed acceptable, approve (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable County requirements; and (2) final building plans. The project's water system shall be designed in response to final fire flow requirements identified by the LACED. (42) Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the WVUSD's board resolutions governing the payment of school impact fees or has entered into an AB 2926 school fee mitigation agreement or is not subject to the exaction. (43) The design of the neighborhood park shall be subject to Community Development Director and Community. Services Director review and approval. STREET IMPROVEMENT. (44) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. (45) The privately maintained portion of Larkstone Drive to, and including, ,the end of the cul-de-sac shall be dedicated to the City for Roadway purposes. All dedicated documents shall be submitted for the review and recommendation of approval to the Public Works/Engineering Department. Approval by the City Council. shall be granted prior to issuance of any certificate of occupancy or prior to final map approval, 7•�f3-13C7 whichever comes first. (46) Full width pavement of Larkstone Drive is required along the entire dedicated length, which includes the cul-de-sac. Applicant shall replace existing AC curb with concrete curb and gutter. The street improvements shall be constructed per APWA Greenbook standard plans and specifications. (47) Before issuance of any City permits, the applicant shall submit plans delineating the improvement of Morning Sun Drive for the Public Works/Engineering Department review and approval prior to final map recordation. The improvement shall align with and be compatible with Vesting Tract Parcel Map No. 63623. The improvement of Morning Sun Drive shall be completed prior to final inspection of grading activities. (48) Sidewalks along the south side of Larkstone Drive shall be installed to provide a safe pedestrian pathway to and from the development and park along the entire dedicated length which includes the Cul -De -Sac. e. TRAFFIC (49) The fair share calculation in the LL&G report dated June 23, 2006 shall be updated using the City's TIA guidelines. All fair share fees identified shall be paid before issuance of any building permits. (50) Sight distance limitations existing in the area of Larkstone Drive and the project site due to the existing wall at the property line shall be addressed. The sight distance analysis shall review the location of the driver in relationship to the curb line. (51) All issues related to the South Point Middle School traffic circulation and pedestrian uses of the public roadway shall be addressed in the TIA. (52) All issues related to factors such as grades of the roadways, vehicle speed and golf cart crossings shall be addressed. (53) The LL&G report dated June 23, 2006 has not been approved by the City Public Works/Engineering 7•QU— /3/ Department. An update of the report shall be submitted to the Public Works/Engineering Department for review and approval before issuance of any grading permits. f. PARKING (54) Existing on -street parking provided along Larkstone Drive shall be upgraded to current standards that will allow for sufficient back up spaces. Before issuance of any permits, on -street parking shall be designed and submitted to the Public Works/Engineering Department for review and approval. g. STREET LIGHTING (55) Applicant/developer shall provide and install street lighting along the impacted length of Larkstone Drive. Requirements for installation of additional street lights along Larkstone Drive shall be coordinated with the Los Angeles County Lighting Division and Southern California Edison. All requirements shall be incorporated on the off-site improvement plans. (56) Street lights shall be annexed into the County Lighting Maintenance District 10006 and County Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the gradingplans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained before construction. . GEOTECHNICAL (57) Before issuance of grading permits, any and all geotechnical concerns regarding past landslides shall be addressed in all geotechnical studies and submitted to the Public Works/Engineering Department for review and approval. FIRE DEPARTMENT (58) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (59) Fire Department access shall b e extended to within 150 feet distance of any interior portion of all structures. (60) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be installed, tested and extended over 150 feet in length. (61) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. (62) Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted before construction. (63) This property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone' (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702- 2904, phone # 626-969-5205). (64) Applicant/developer shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (65) Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be required. (66) Applicant shall provide fire flow for public fire hydrants at this location at 1500 gallons per minute at 20 psi for duration of 2 hours, over and ,above maximum daily domestic demand. Applicant shall provide two hydrants flowing simultaneously, one of which shall be the furthest from the public water source. (67) Applicant shall install 11 public fire hydrants. (68) All hydrants shall measure 6" x 4" x 2 %Z" brass or bronze, conforming to current AWWA standard C503 or approval equal. All on-site hydrants shall be installed a 7 . C: IB --(3 3 minimum of 25 feet from a structure or protected by a two hour rated firewall. Hydrants shall be located as per map on file with Los Angeles County Fire Department (LACFD). Other locations shall be per map dated 10/31/06 provided by the LACFD. (69) All required fire hydrants shall be installed, tested and accepted or bonded prior to final map approval. Vehicular access must be provided and maintained serviceable throughout construction. (70) All hydrants shall be installed in conformance with Title 20, County of Los Angeles Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum of six-inch diameter mains. Arrangements to meet these requirements shall be made with the water purveyor serving the area. (71) Before final map clearance, fire hydrant improvement plans must be submitted to the LACFD Land Development Unit — Fire Prevention Div. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, b� certified mail, to: South Pointe West, LLC, 2652 West 237 Street, Torrance, CA 90505 APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Tony Torng, 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 28th day of November 2006, by the 7 ,CS - 13 4- following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary '7�G�—l3s M ND BARd� EW STANDARD CONDITION (DEVELOPMENT) I PROJECT #: Environmental Impact Report No 2005-01 General Plan Amendment No 2005-01 Zone Change No. 2006-03, Specific Plan No 2005-01 Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05 Development Review No. 2_005-27 Development Agreement No. 2005-01 Tree Permit No. 2005-06 SUBJECT: South Pointe West project that includes 99 detached residential condominiums a 4.7 -acre neighborhood park. APPLICANT: South Pointe West, LLC LOCATION: South of Larkstone Drive east of Morning Sun Avenue, and west of Brea Canyon Road near the South Pointe Middle School ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27. Development Agreement No. 2005-01, and Tree Permit No. 2005-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 1. Signed copies of the City Council Resolution of Approval No. 2006-xx, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 7 -6� -13 7 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in - lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. Prior to any Public Hearing orfinal map approval, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06, at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. The approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for City Council approval. Pursuant to Subdivision Map Act Section 66463.5, Vesting Tentative Tract Map No. 063623, is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to approval's expiration date. -i.6e-/3,P- Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 063623, including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council collectively attached hereto as Exhibit "A" including: site plans, architectural elevations, exterior materials and colors, landscaping, and gradin on on file in the Planninq Division, the conditions contained herein, Development Code regulations, the South Pointe West Specific Plan, and the General Plan. The project Conditional Use Permit No. 2005-05, Development Review No. 2005-01 and Tree Permit No. 2005-06, except as conditions herein, and as conditioned in Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623 and Development Agreement No. 2005-01 submitted to and recommended approval by the Planning Commission collectively attached hereto as: Exhibit "A" — the site development plan, architectural plans and grading plans, Exhibit "B" - Mitigation Monitoring Program dated August 2006, and Exhibit"C" - Environmental Impact Report as modified herein. 3. The Mitigation Monitoring Program outlined in Environmental Impact No. 2005-01 (SCH #2005111118) and approved bythe City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 4. Proposed future custom single-family residential units shall comply with the City's Development Review process. 5. A Home Owners' Association (HOA) shall be formed. 6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering G8-/.37 Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review, and approval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, oak and walnut trees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 8. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 9. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 10. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 11. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 13. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 14. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. A fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval prior to issuance of building permits. 3. Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review.and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied by the buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. 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, -7 . GP5 -- /'+) transportation, and disposal of ,solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. If no centralized trash receptacles are provided, all trash pick- ups shall be for individual units with all receptacles shielded from public view. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. Prior to final map approval, 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 -7.66-/`FZ to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 5. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates -for bonding purposes of all public improvements. 6. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 7. Prior to final .map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 8. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of.all. drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 9. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the vesting tentative tract map upon approval by the Advisory agency. 10. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 11. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 12. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from -7 . 03 the Public Works Department in addition to any other permits required. 13. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 14. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public servicespurposes shall be offered and shown, on the final map for dedication to the City. 15. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 16. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals.certifying the plan for all improvements at no cost to the City. 17. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 18. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 19. All activities/improvements proposed for this Vesting Tentative Tract Map No. 63623 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. `7.66-/W >. 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 and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas, driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 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: 7.6[3 --1 qT a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 7 C-6 — /4-6 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 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. 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. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 4. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 5. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles as well as the City Engineer and all fees required shall be paid by the applicant. 6. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. 7. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. B. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public 7'r,8-/4-. - Works/Engineering Department for review and approval by the City Engineer. Once approved the plan shall be incorporated into CC&Rs. 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. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 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 --7. C a -/'-fl approved bythe City Engineer. The system shall includefire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of 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 residence per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 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 .7. 6�8 -- /r' a District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report Dated 6/23/06 by LL&G and Conditions of project approval for the Environmental Impact Report No 2005-01 General Plan Amendment No. 2005-01, Zone Change No 2006-03 Specific Plan No. 2005-01, Vesting Tentative Tract Map No 063623 Conditional Use Permit 2005-05, Development Review No 2005-27 Development Agreement No 2005-01 Tree Permit No. 2005-06 prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. 6. Specify location of tempered glass as required by code. 7. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. Note on plans, "separate permit is required for all wall and monument signs'. 9. A height survey may be required at completion of framing. 10. All existing and new plumbing fixtures shall be in compliance with Appendix 29. 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height G. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs...) h. Accessibility analysis for the entire site and for each building `7.613- / 5 ---)- L Shaft ratingl exterior walls construction/ opening protection 13. Verify adequate exit requirements. The distance between - -- .required-exits-shall be 1/2 of the building diagonal. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. Use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature 16. All balconies shall be designed for 601b. live load. 17. Guardrails shall be designed for 20 load applied laterally atthe top of the rail. 18. Indicate all easements on the site plan. 19. Fire Department approval shall be.required. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under-floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion-resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. Please contact the Fire Department to check the fire zone for the location of your property. 20. All retaining walls must be submitted to the Building & Safety and Public Work Departments for review and approval. 21. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. 22. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 23. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 24. Specify location of tempered glass as required by code. 25. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscapelirrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 5. Prior to recordation, the final map shall comply with all Fire Department requirements. WE -7,68- 151� Agenda Item 8.2 — South Point West Draft EIR found in file DIAMOND SARA It3r. , ct� 'AGENDA , ■ ■• CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 9).1 MEETING DATE: November 28, 2006 CASE/FILE NUMBER: Conditional Use Permit No. 2006-01 and Development Review No. 2006-01 PROJECT LOCATION: Diamond Bar's' Peterson Park, 24142 Sylvan Glen Road, Diamond Bar, CA 91765 APPLICATION REQUEST: Approval of plans to construct additional antenna behind those existing on the park's light pole and modify the fenced equipment area to 'an enclosed block building with tile roof. PROPERTY OWNER(S): City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765 APPLICANT(S) & AGENT(S): New Cingular Wireless PCS, LLC, 12900 Park Plaza Drive, Cerritos, CA 90703; Wireless Development Resources, LLC, Attention: Mr. John Talbot and Mr. J - Daniel Fox, P.O. Box 8823, Newport Beach, CA 92660. STAFF RECOMMENDATION: Conditional Approval CUP2006-0 ] /DR2006-01 BACKGROUND: The telecommunications site is at the City's Peterson Park which is approximately nine (9) acres on Sylvan Glen Road just past the SR 60 overpass on Golden Springs Drive. The City Council approved drainage and ADA retrofit improvements in 1996 for the restroom building, picnic shelters, skate -park, and athletic fields with Musco lighting. The City Council approved a lease agreement with LA Cellular for Peterson Park's existing telecommunications facility at the park's south side adjacent to SR 60 in 1997. The Planning Commission approved Conditional Use Permit No. 1997-02 and Development Review No. 1997-06 for the exposed antenna mounted on the park's light poles and the fenced equipment enclosure. This year New Cingular Wireless PCS, LLC, the current lease holder, submitted applications to construct additional antenna behind those existing on the park's light pole and modify the fenced equipment area to an enclosed building. Applications numbered Conditional Use Permit No. 2006-01 and Development Review No. 2006 - encompass the original approvals and additions. The City. Council approved a new lease with a modified lease area for the existing telecommunications site's expansion at Peterson Park in June 1006. The use provides monthly income to the City with a yearly adjustment based on the Consumer Price Index. ANALYSIS: A. Applications and Review Authority per Diamond Bar Municipal Code Sections 22.58 22.48 and 22.42 In 1999 the City adopted wireless telecommunication facility standards to insure these uses' design and location are consistent with the General Plan, the Municipal Code, and Design Guidelines. The additional exposed antenna construction requires a Conditional Use Permit to review the use's effects on the environment and surrounding properties. The new block equipment structure requires the Development Review process. The Planning Commission reviews and approves both applications. B. Site and Surrounding General Plan, Zoning, and Uses Page 2 CUP 2006-01 /DR2006-01 General Plan Zone Uses Project Site Park PK Open Space OS Park North RMH R -3-8,000-15U Multi -family Residential South SR 60 Freeway ---- SR 60 Freeway East RR & RMH R-1-9,000 & R3 DP Single-family & Multi -family Residential West RL R-1-8,000 Single-family Residential Page 2 CUP 2006-01 /DR2006-01 C. Development Review (Section 22.48) Telecommunication facilities are location dependent and based on technical requirements: terrain and line -of -sight interaction with existing public utilities. As a mobile unit moves from one area to another with a call in progress, the call is "handed ofr' to the next repeater station. This site gives coverage to the Highway Patrol, the Cingular grid, and surrounding land uses. Development Standards: The following comparison indicates that the proposed project meets the City's Development Standards: Development DBMC 22.42.130(h)Meets Proposed Standard Feature Permitted Use Allowed in City Parks per Addition to existing Yes Facilities Map facility. Antenna painted to. Architectural Integrate site with existing match pole. The Yes 'Integration design and color location adjacent to freeway planted r -o -w. New equipment structure to match Screening Screen to mitigate adverse Peterson Park Yes . visual impacts structures. Antenna existina on li ht pole. Maximum structure height = Structure = 12' & matches other Base Stations 13 feet and compatible with structures' color, Yes color and design material, and design. Utilities for connection Existing utilities to site - Underground cables either underground no modification with this Yes Utilities or in protective structure application Community Services Landscaping For screening approved plans plants Yes and irrigation. As needed -Fencing, anti- New block enclosed climbing devices, elevated equipment structure not Security ladders, and monitoring to accessible to the public. Yes prevent unauthorized No access to pole from access and vandalism the ground. Materials shall not reflect Painted antenna and Finish and blend with surrounding the structure matches Yes materials and colors existing ark structures. Fencing Decorative treatments No No fencing proposed or Yes razor/barbed wire required for security. Lighting Artificial lighting limited to None Proposed Yes safet & securit lighting No advertising- only Signage certifications, warnings and None Proposed Yes seals Co -Location Consent re uired Consent in lease Yes Page 3 CUP2006-0l /DR2006-01 2. Site Details: (a) The applicant's project site numbers are SV-0081- 01/LSANCAR039. The City Council approved lease area is approximately 29 feet x 12 feet plus access easements. (b) Access Easement — As required with the previous lease, the construction plans indicate Cingular's access easement. The vendor is required to place plywood prior to the construction vehicles access to prevent turf damage. (c) Drainage - The entire park's drainage was improved in 1998. No major changes are anticipated for this addition. 3. Building Design - Architectural Features, Materials, and Colors: The antenna are painted. The new TMA antenna boost or amplify the existing antenna signal, and the GPS antenna upgrade the 911 system for cell phone emergency calls. The proposed structure houses the equipment and matches existing Peterson Park structures' materials and colors. The slump stone block building will have anti -graffiti seal top coat, the roof, and a steel door. The lease and approval conditions require the site be maintained to assure safety and aesthetics. 4. Landscape - The City's Community Services Department maintains the landscaped park and approved the project's plant schedule and irrigation for growth and maintenance. D. Conditional Use Permit (Sections 22.42 and 22.58) Facilitv Details: (a) Traffic Impact — Golden Springs Drive and Sylvan Glen Road adequately serve Peterson Park. The applicant's unmanned development operates twenty-four (24) hours a day, seven (7) days a week, with monthly routine maintenance by technician and utility vehicle. Traffic impact is negligible to support the facility's 16 antenna double stacked one behind another in two (2) sectors. (b) Noise - A portable generator hook-up is proposed for power outages classed as emergencies. Noise levels for emergencies are exempt; however, the City's Municipal Code, Section 22.28, sets time and construction noise limits. (c) Distance to Residential — The closest residence to the light pole and telecommunication facility is 580 feet. Page 4 CUP2006-01/DR2006-01 (d) Utilities — The underground telephone service and electrical service lines are in place for the existing site. The addition does not require additional feeds. (e) Citizen Park Usage — The Park's adequate size and shape accommodates the use without interrupting park visitors. The existing telecommunications facility was planned for negligible impact to park users. The addition as proposed will also cause negligible impact. The vendor's coordination with City staff regarding the new construction details is an approval condition. Federal Communications Commission (FCC) Guidelines: Engineering documentation for the electromagnetic fields (EMF's) from the telecommunications facility are required to show that the site is within the limits approved by the FCC. Telecommunications facilities are generally categorically excluded and highly unlikely to cause exposure in excess of the FCC's guidelines or be determined as detrimental to the public health, safety or welfare of the community. 3. Additional_ Review: Public Works Department, Community Services Department, and the Building and Safety Division reviewed this project. Their comments are in the staff report and the approval conditions. 4. General Plan, Design Guidelines and Compatibility with Neighborhood Based on the above analysis, staff's review finds the proposed project is consistent with the General Plan's goals and objectives (Strategy 2.2.1 - developments shall be compatible with surrounding land uses), Municipal Code, the City's Design Guidelines, and is compatible with the existing land uses in the surrounding neighborhood. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners in a 700 -foot radius of the project site. Public hearing notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt in accordance to the 1970 California Environmental Quality Act (CEQA), Section 15301(e). Page 5 CUP2006-01 /DR2006-01 RECOMMENDATIONS: Staff recommends that the Planning Commission approve the Conditional Use Permit No. 2006-01 and Development Review No. 2006-01, Findings of Fact, conditions of approval and standard conditions as listed within the attached resolution. _.ir Prepared by: Reviewed by: Linda Kay Smith if w Nancy Fong, AIC Development Services Associate Community Development it ATTACHMENTS: 1. Draft Resolution of Approval with required findings; 2. Aerial; 3. Photo -simulations; 4. Exhibit "A" — Title, Site Plan, Existing and Proposed Equipment Layout, Elevations, Landscape -Irrigation and Equipment Plan dated November 28, 2006. Page 6 CUP2006-01 /DR2006-01 DRAFT ATTACHMENT "I" PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO.2006-01, DEVELOPMENT REVIEW NO. 2006-01, AND CATEGORICAL EXEMPTION 15301(e), A REQUEST TO CONSTRUCT ADDITIONAL ANTENNA BEHIND THOSE EXISTING ON THE PARK'S LIGHT POLE AND MODIFY THE FENCED EQUIPMENT AREA TO AN ENCLOSED BUILDING AT PETERSON PARK, 24142 SYLVAN GLEN ROAD (APN 8704-056-902), DIAMOND BAR, CA A. RECITALS The property owner, City of Diamond Bar, applicant, New Cingular Wireless, PCC, LLC, and applicant agent Wireless Development Resources, filed an application for Conditional Use Permit No. 2006-01, Development Review No. 2006-01, and categorical exemption located in Peterson Park, 24142 Sylvan Glen Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, and categorical exemption shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners in a 700 -foot radius of the project site. Public hearing notices were published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A public hearing notice display board was posted at the site, and legal notices were posted at the City's designated community posting sites. 3. On November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby determines that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 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 orthe 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 andconclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is the existing telecommunications facility at the south side of Peterson Park, 24142 Sylvan Glen Road (APN 8704-056-902), Diamond Bar, California. The park is approximately nine (9) acres. (b) The General Plan Land Use designation is Park (PF). Open Space (OS) is the zone. (c) Single-family and Multi -family residential zones and uses are to the north, east and west. SR 60 freeway is to the south. (d) The Application requests construction of additional antenna behind those existing on the park's light pole and to modify the fenced equipment area to an enclosed building. CONDITIONAL USE PERMIT (e) The proposed use is allowed within the subject zoning districtwith the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code. The addition to the unmanned wireless telecommunications facility is permitted in the Open Space zone with a Conditional Use Permit approval and as amended herein complies with other applicable Municipal Code provisions. (f) The proposed use is consistent with the General Plan and any applicable specific plan. The site's General Plan Land Use designation is Park (PK). The project use is consistent with the adopted General Plan's Objectives and Strategies and the Parks Master Plan. The existing use is at the park's south side next to the freeway and innocuous since 9997 when established. Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16, (g) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The telecommunications site has existed at Peterson Park since 1997. The park is an irregularly shaped nine (9) acre parcel. The revised lease area is approximately 29 feet x 12 feet and not expected to hinder park users. The additional eight (8) antenna stacked one behind another on the light pole replicate the existing design. The fenced equipment area will be removed and replaced with the more aesthetic enclosed block building to house the equipment matches park facilities. The monthly maintenance visits for the unmanned telecommunication facility generates minimal traffic, does not create a new lighting source or operational noise. Federal Communications Commission (FCC) compliance is mandatory and it is unlikely that the facility will have a negative impact on the single-family residential neighborhood adjacent to the project site. Therefore, the project's design, location, size and operational characteristics, as conditioned, are compatible with the existing and future land uses in the vicinity. (h) 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. Golden Springs Drive and Sylvan Glen Road adequately serve the park's nine acre site with the existing telecommunications facility. The project site is compatible with the surrounding land uses and utilities exist. (i) 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 (e) through (h), the addition to the existing telecommunications facility as amended herein complies with City standards and will improve cell phone service to the general public. The minor improvements will not be detrimental to the general public or the goals and objectives of the adopted general plan. (j} The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16, The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). DEVELOPMENT REVIEW (k) The design and layout of the proposed development are consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments). As referenced above in Items ffl-(i), the existing telecommunications facility as amended herein is consistent with the City's Design Guidelines, telecommunications development standards, and General Plan, and Parks Master Plan. (1) 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. As referenced in Items (g) above, the design and layout of the addition to the existing telecommunications facility does not interfere with the use and enjoyment of neighboring existing or future development, and the monthly maintenance does not create traffic or pedestrian hazards. (m) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated bythe City's Development Code Chapter 22.48, the General Plan, or any applicable specific plan. The additional antenna design is consistent with the existing telecommunications facility and the new equipment structure matches other park structures. The facility's location at the park's south side adjacent to the freeway meets development standards, the General Plan, and the Parks Master Plan. (n) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in Items (e) through (m), the additional antenna and equipment building that matches existing park structures as an Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16, addition to the existing telecommunications facility complies with City standards and will improve cell phone service to the general public. The minor improvements will not be detrimental to the general public or the goals and objectives of the adopted general plan. (o) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. As referenced in Item (g), the telecommunications facility is not detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. (p). The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) The City has determined that the Application is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15301(e). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) General 1. The project shall substantially conform to Title Sheet, Site Plan, Antenna and Equipment Layout Plan, Elevations, Landscape Plan, and Details collectively labeled as Exhibit "A" dated November 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. 2. The applicant shall remove the public hearing notice board within three days of this project's approval. 3. The Applicants shall co-ordinate all construction activities with the Community Development Department, (909) 839-7060. 4. When an emergency generator is used on site, the dBA shall comply with the City's noise standards in Development Code Chapter 22.28. 5. Prior to permit issuance, the lease shall be completed by all parties. Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16, 6. Applicant shall comply with all executed lease terms. 7. Applicant shall comply with all Federal, State and City regulations. 8. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit/Development Review shall be subject to period 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. (b) Planning Division Applicant shall insure that the property is properly secured to prevent unauthorized access to the communication facilities. 2. Signs and advertising shall be prohibited on the wireless antenna. 3. No additional lighting shall be installed on the wireless antenna or associated equipment. 4. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 72 hours. 5. If the Department of Fish and Game determines that Fish and Game the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 6. In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months the applicant shall remove the telecommunications facility within 90 -days of notification by the City. 7. Prior to permit issuance, the applicant shall post a $5,000 cash bond with the City of Diamond Bar to guarantee the removal of 6 Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16, the antenna in the event that it ceases to be operational for a period of six consecutive months. 8. Prior to permit issuance, the applicant shall replenish the deposit funds for on-going maintenance and repairs in an amount to be determined by the Community Services Director. Landscaping and irrigation destroyed during construction shall be replaced to match the existing landscaping and irrigation. 10. All cables and wiring for the telecommunication facility shall be underground. C. Building and Safety Division Fire Department approval may be required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. 2. Applicant shall provide temporary sanitation facilities while under construction. 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: City of Diamond Bar, City Clerk, 21825 Copley Drive, Diamond Bar, CA 91765; New Cingular Wireless PCS, LLC, 12900 Park Plaza Drive, Cerritos, CA 90703; and Wireless Development Resources, LLC, Attention: Mr. John Talbot and Mr. J -Daniel Fox, P.O. Box 8823, Newport Beach, CA 92660. APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Steve Nelson, Chairman Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16. I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28th day of November 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 8 Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16, /T r 11 W [ilk I COMMUNITY DEVELOPMENT DEPARTMENT 1989 STANDARD CONDITIONS USE PERMITS AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2006-01 & Development Review No. 2006-01 SUBJECT: Additions to Existing Telecommunications Facility APPLICANT: Cingular Wireless (Previously LA Cellular and AT&T Wireless) APPLICANT'S AGENTS: MMI Titan and Wireless Development Resources, LLC, Attention: Mr. John Talbot and Mr. J -Daniel Fox LOCATION: Diamond Bar's Peterson Park 24142 Sylvan Glen Road, 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.2006-01, Development Review No. 2006-01 and Variance No. 2006-05 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. Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16, (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. 2006-01 and Development Review No. 2006-01 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. Cingular Wireless, the application's agents, designers, architects, engineers, and contractors associated with this project site shall obtain a Diamond Bar Business Registration and a 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, grading, landscape, irrigation, and elevation 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 Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16, 10. 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. 2. Pdorto any plan check, all deposit accounts forthe processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No.2006-01 and Development Review No. 2006-01 shall expire within two years from the approval date if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request a one year time extension in writing 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" on file in the Planning Division, the conditions contained herein, and Development Code regulations. 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. 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 11 Planning Commission Resolulion No. 2006 -XX CUP 2006-01 & DR 2006-16, 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. 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 detailing erosion control measures. These measures shall be implemented during construction between October 1 at 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). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Construction activities and the transportation of equipment and materials and operation of heavy equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antenna and equipment building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings 12 Planning Commission Resolution No. 2006 -XX CUP 2006-01 & DR 2006-16, and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. The project shall be protected by a construction fence to the satisfaction of the Building Official. 5. Project shall comply with Title 24 Accessibility Requirements and be shown on plans, including path of travel, van accessible parking, etc. 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. 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I 11 IT _ -Y C EXI ST I NC WA LK WA S q•. oma z u 3 DIAI►IOIITD-:BAR � PLANNING COMMISSIONAGENDA PO CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 8.2 MEETING DATE: November 28, 2006 CASEIFILE-NUMBER: Conditional Use Permit No. 2006-02, Development Review No. 2006-05, Comprehensive Sign Plan No. 2006-01 PROJECT LOCATION: 150 Diamond Bar Boulevard APPLICATION REQUEST: A request to demolish the existing gas station; construct a new gas station; add a drive through car wash; add a convenience market; install new signs; and issue a Mitigated Negative Declaration PROPERTY OWNERS: Chevron Products Co. 145 S. State College Blvd. Brea, CA 92822 APPLICANT: John Amabile, Chevron Products Co. STAFF RECOMMENDATION: It is recommended that the Planning Commission approve the project with conditions. BACKGROUND: Chevron Products Co., has submitted an application to renovate an existing Chevron service station located at 150 Diamond Bar Blvd. The project site is situated on the northeast corner of the intersection of Diamond Bar Blvd. and Palomino Dr. The Chevron station is an operating facility with- four pump islands and a -987 -square -foot- wood -framed building constructed in 1987. The approximately .89 -acre site is accessed from two driveways on Palomino Dr. and two on Diamond Bar Blvd. The site has a relatively flat slope. The project is located within a fully developed urbanized area. Adjacent to the northeast of the site is a shopping center with a restaurant and preschool. Across Palomino Dr. to the southeast is a service station and shopping center. Across Diamond Bar Blvd. to the west are additional commercial uses that include fast food restaurants and auto repair shops. The closest residential uses are located on Palomino Dr. approximately 200 feet southeast of the project site. The northwest property line is directly adjacent to the 60 Freeway eastbound on-ramp. Project Description The applicant is seeking to modernize the service station by demolishing the existing building and removing the pumps, canopy, etc. and constructing a larger convenience store, drive-through carwash, new pump islands and new underground storage tanks. The project request consists of the following activities: ® Demolition of 987 -square -foot service station building and 550 -square -foot canopy; ® Removal of existing gas pumps, four underground storage tanks and pavement; • Construction of a 2945 -square -foot convenience store with an attached 843 - square -foot carwash, and 2750 -square -foot canopy; ® Installation of five pump islands and three new underground storage tanks; ® Installation of two monuments signs, two wall signs; canopy signs and to change the sign face on the existing freeway sign. To improve traffic safety, the applicant is proposing to close the two existing driveways closest to the intersection. One driveway on each street will reduce traffic hazards caused by conflicts between cars entering the site and those traveling north on Diamond Bar Blvd. and east on Palomino Dr. ANALYSIS: A. Review Authority (Sections 22 58 22.36.060, and 22.48) The proposed project involves the following applications: Conditional Use Permit No. 2006-07 is required for the proposed carwash. Page 2 (Project No.) B. 2. Development Review No. 2006-05 is required for commercial development projects that involve an increase of 50 percent or more of the existing floor area. 3. Comprehensive Sign Plan 2006-01 is required when there are five or more signs proposed for new or existing development. 4. A Mitigated Negative Declaration (MND) has been prepared by the City in accordance with CEQA Guidelines Section 15070. The MND found that the project with the implementation of mitigation measures will not have a significant effect on the environment. Site and Surrounding General Plan, Zoning and Uses General Plan Zone Uses Site C (General C-3 (regional Existing gas station Commercial) commercial) North N/A N/A 60 Freeway South C C-3 Gas station, shopping center East C C-3 Shopping center West C C-3 Fast food restaurants, auto repair Conditional Use Permit (Section 22.58): Carwash facilities proposed for sites within the C-3 (regional commercial) require approval of a conditional use permit to review the location, design, configuration and potential impacts to ensure that the project will not negatively affect the public health, safety and welfare. Conditions of approval may be placed on the project to ensure that the uses are compatible with the surrounding area. The CUP is required only for the carwash portion of the project. The service station has a current ABC license for off -sale of beer and wine (originally issued in 1988) that will continue to be in effect after the project has been completed. The proposed carwash will be attached at the rear of the new convenience store and will be directly adjacent to the northeast property line. The drive-through self- service facility will be accessed by way of a drive-through lane that is entered at the northerly corner of the site. The drive-through lane has a queuing capacity of approximately six cars, which exceeds the code requirement standard for carwashes. Cars will exit the carwash at the east corner of the site. To avoid potential conflicts with cars entering and exiting the site, the driveway on Palomino Dr. has been widened to 40 feet. Because the carwash is proposed to be located directly adjacent to the property line with the shopping center site, it must conform to noise standards in the Development Code. As such, the carwash is restricted to an exterior noise level Page 3 (Project No.) of 60 dB during the daytime hours from 7:00 a.m. to 10:00 p.m. and 55 dB during evening hours from 10:00 p.m. to 7:00 a.m. To ensure that the operation of the carwash does not exceed the standards, a condition of approval has been added to the resolution that requires the applicant to conduct a noise study or otherwise show proof that the operation of the carwash will not exceed those standards. C. Development Review (Section 22.48): The proposed project is designed according to the applicable development standards and design guidelines contained in the Development Code. The following table shows the project's consistency with the applicable standards. 1. Specific Plan Development Standards 2. Site Plan: The convenience store and carwash will be located at the rear of the site and pump islands, parking, and canopy in the front portion. Traffic will access the site from two driveways, one on Diamond Bar Blvd. and one on Palomino Dr. 3. Traffic and Circulation: Both driveways will be forty feet wide to accommodate the traffic entering and exiting the site. Fuel trucks will enter the site at the Palomino Dr. driveway and exit onto Diamond Bar Blvd. The applicant's plans show the path of travel for fuel trucks will have sufficient space for on-site circulation and will not obstruct traffic movements or parking on-site. The driveways and on-site drive aisles are sufficient width to accommodate on-site vehicle and fuel -truck circulation. A smaller -scale renovation project is currently proposed for the service station directly across Palomino Dr. from the project site that will include a Page 4 (Project No.) realignment of the Palomino Dr. driveway. According to the traffic analysis prepared for the project, the driveways as proposed offset approximately 10 feet, which was determined to be an acceptable offset. As a condition of approval for both projects, both applicants will be required to submit large-scale plans that confirm that the offset will not negatively affect turning movements at this location. 3. Architectural Features Colors Materials Floor Plan etc. The proposed convenience store will have an architectural style that is a modernized version of the Prairie style. Consistent with the style, the building has low horizontal lines, flat roof with wide overhang, low-pitched gable roof covering the main entry, natural stone and simulated wood material (Hardie board) exterior siding and earth -tone colors. Large timbers project from under the gable roof to give the main entry additional emphasis. The carwash is attached to the rear elevation and is designed in a similar style with a trellis provided over a portion of the drive-through aisle. The rear elevation of the convenience store will have trellises to be planted with flowering plants to soften the appearance from the adjacent site - The architectural design of the proposed convenience store and carwash is consistent with surrounding development. Buildings on adjacent sites have a mixture of architectural styles that includes Spanish eclectic styles and a more modern style for the restaurant on the adjacent site. The proposed building's horizontal orientation and low-pitched roof over the entry are consistent with adjacent, architecture while the wood trim and natural stone exterior cladding provide a measure of uniqueness to the appearance. The proposed landscaping of the site helps to blend the building into the setting. 4. Landscape: The applicant has provided a conceptual landscape plan that shows landscaping provided within all setbacks, the parking lot area and along property lines, except for where the carwash is located directly adjacent to the property line. With the exception of the required monument sign landscaping, the total amount of landscaping provided meets the development code standards. Landscaping is also used to soften the appearance of the building from the street and to partially screen the carwash drive-through lane from the adjoining property. Some of the more prominent areas of the site located along Diamond Bar Blvd. are somewhat sparsely landscaped. Staff has added two conditions of approval that require additional landscaping long the Diamond Bar Blvd. frontage and additional landscaping around the base of the proposed Page 5 (Project No.) monument signs to meet the development code standards. 7. General Plan Design Guidelines and Compatibility with Neighborhood - - - The project. design _is consistent with the following General Plan objectives: Objective 9.3 Designate adequate land for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs. The proposed project will provide an expanded convenience store and carwash that will provide additional sales tax revenues for the City. The project location will take advantage of the location adjacent to the freeway on- and off -ramps by providing necessary services to motorists. Objective 2.2 Maintain an organized pattern of land use which minimizes conflicts between adjacent land uses. The proposed site plan is consistent with the surrounding development in that the driveway will be closely aligned with the Shell service directly across Palomino Dr. to reduce traffic conflicts in this area. The proposed architectural style of the building has similar orientation and roof line that reflects the architectural styles of other buildings in the area. Proposed landscaping for the site softens the impact of the building and gas pumps as viewed from the street. A condition of project approval has been added that requires the applicant to show that the carwash noise will be consistent with the City's noise standards and, therefore, consistent with uses on the adjacent property. Objective 3.2 Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. The proposed project is consistent with this objective in that it will provide a well-designed convenience store that will blend with the surrounding area. There will be landscaped setbacks along both Diamond Bar Blvd. and Palomino Dr., and landscaping within the parking lot and along the rear property line that will further enhance the site. D. Comprehensive Sign Plan (Section 22.36.060): The purpose of a comprehensive sign program is to integrate signs with the design of the structures and achieve a unified architectural statement. A comprehensive sign program is required for all projects proposing five or more signs. Page 6 (Project No.) The proposed Comprehensive Sign Program consists of two monument signs and six wall signs and replacement of the copy on the existing freeway sign. The following table provides an analysis of the proposed signs consistency with the sign standards contained in Section 22.36 of the Development Code. Wall Signs: 2. Monument Sign: Monument signs: 2 Wall signs: 2 Height: 4'-2" ft. Palomino Dr. Exempt 1. "Em 50.3 sf Front elevation Yes ExtraMile" Height: 6 ft. Diamond Bar Yes 2. "Car 15.3 sf Front elevation Yes Wash" Canopy 4 42 sf (4@16 sf Canopy fascia No. Exceeds Logo each); maximum of four signs allowed. Project approval is conditioned on consistency with this standard. Total sign face area: 107.6 sf Yes 2. Monument Sign: The monuments signs are required to have additional landscaping to screen the base. Project approval will be conditioned on the applicant revising the landscape plan to meet this requirement. The proposed monument signs will be internally illuminated. One of the signs is a gas price sign that is exempt from the development standards. The face of the business identification monument sign is proposed to have the Chevron logo, gasoline prices, "Extra Mile" convenience store identification, and three smaller sign faces advertising the availability of ATM, FastPay and coffee brand. The copy on the three smaller signs is not consistent with the code standard that limits sign copy to name and/or nature of the business. A condition of approval for the project includes a requirement that the applicant remove the three smaller signs from the monument sign. The sign standards include a requirement that monuments signs be at Page 7 (Project No.) Monument signs: 2 1. Price sign Height: 4'-2" ft. Palomino Dr. Exempt Area: 13.89 sf frontage 2. Service station Height: 6 ft. Diamond Bar Yes identification Area: 31 sq. ft. Blvd. frontage The monuments signs are required to have additional landscaping to screen the base. Project approval will be conditioned on the applicant revising the landscape plan to meet this requirement. The proposed monument signs will be internally illuminated. One of the signs is a gas price sign that is exempt from the development standards. The face of the business identification monument sign is proposed to have the Chevron logo, gasoline prices, "Extra Mile" convenience store identification, and three smaller sign faces advertising the availability of ATM, FastPay and coffee brand. The copy on the three smaller signs is not consistent with the code standard that limits sign copy to name and/or nature of the business. A condition of approval for the project includes a requirement that the applicant remove the three smaller signs from the monument sign. The sign standards include a requirement that monuments signs be at Page 7 (Project No.) least ten feet from the street property line. On the plans provided by the applicant, it appears that the identification monument sign may be within that required setback area. Therefore, approval will also be conditioned on setting the business identification sign 10 feet from the property line and consistency with line -of -sight requirements. The design of the identification monument sign reflects the building style in that the base and sides will be faced with the same stone used on the convenience mart building. The sign cap will have a cornice that is similar to the building cornice 3. Freeway Sign: The applicant is proposing to change the sign face copy of the existing freeway sign. Because it is currently over height, the existing freeway sign is nonconforming with the current freeway sign standards. Currently, the sign has three sign faces that include a Chevron sign, a Food Mart sign and Diamond Bar sign. The applicant is proposing to remove the Diamond Bar sign and lower the sign to meet the maximum height standard. The copy of the other two signs will be replaced with a newer style Chevron sign and the 'Extra Mile" sign. With the changes, the sign will meet the maximum height and area standards. The existing freeway sign was constructed in 1988 and, therefore, predates City incorporation. Consequently, the sign does not have a conditional use permit with the City. Because of the extent of the proposed changes to the sign, removal of three sign faces and lowering the height, staff has determined that the project will require approval of a conditional use permit for the freeway sign. As such, project approval has been conditioned on the applicant submitting an application for a conditional use permit for the freeway sign. 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. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: Pursuant to CEQA Guidelines Section 15070, the City has prepared a Mitigated Negative Declaration (MND) for the project finding that with mitigation the project will not have significant impacts on the environment. In compliance with CEQA, the MND was circulated for a 20 -day review period beginning November 6, 2006 and ending November 27, 2006. The MND analyzes the potential impacts from the proposed project. The project Page 8 (Project No.) reviewed under the MND includes the demolition of the existing service station and construction of the proposed convenience store, carwash, canopy and pump islands and installation of underground storage tanks on the .89 -acre site. Environmental Factors/Effects Analyzed in the Mitigated Negative Declaration MND: In the MND, the project was found to have the potential to have an impact on several environmental issues, but with mitigation would be reduced to less than significant: The following list provides a summary of those impacts and the related mitigation measures: Air Quality: The Initial Study found that the project may have an effect on air quality. The construction activities were found to have the potential to emit fumes and create dust that would have a negative impact on air quality in the area. Consequently, mitigation measures including watering the site and other measures to reduce dust. Additionally, the project will be conditioned on gas station operations compliance with SCAQMD regulations. Cultural Resources: In the case where archeological, paleontological or unknown resources are discovered during excavation, a stop -work order will be in place for the finds to be evaluated by an expert. Noise: Operation of the carwash may exceed the City's exterior noise standards. Consequently, the Mitigation Monitoring Program including a mitigation measure that requires the applicant to conduct a noise study or provide other proof showing that the carwash operation will not exceed the noise standards. Additionally, the IS/MND contains conditions of approval to ensure that the project will comply with all rules and regulations that pertain to the project. The following is a list of potential impacts which will require compliance with conditions of approval: • Aesthetics: Lighting must conform with the City's standards that pertain to exterior lighting. • Air Quality: Applicant must show compliance with SCAQMD rules that pertain to release of dust, lead paint and asbestos during demolition activities; • Geology and Soils: Applicant must be compliant with the City Building Code requirements. ® Hazardous Materials: Applicant must show compliance with SCAQMD rules and regulations and Department of Transportation regulations and all other federal and state regulations pertaining the discovery and transportation of hazardous materials such as asbestos and lead paint. The applicant will also be required to submit a truck route for trucks hauling hazardous materials that do not enter into residential neighborhoods; Page 9 (Project No.) ® Hazardous Materials: Applicant must show compliance with Los Angeles County Fire and Public Works Department regulations pertaining to removal and installation of underground storage tanks; ® Hydrology and Water Quality: Applicant must show compliance with the water quality regulations in with the National Pollution Discharge Elimination System (NPDES) regulations; ® Utilities and Utility Systems: Applicant must pay a connection fee to the County Sanitation Districts; • Traffic: A traffic impact analysis (TIA) was prepared for the project finding that the project will not have a negative impact on existing traffic conditions. The TIA found that there will be a minimal increase in traffic generated by the project and that the proposed site circulation appears to provide safe and efficient ingress and egress with the removal of the two driveways closest to the intersection of Palomino Dr. and Diamond Bar Blvd. Mitigation Monitoring Program (MMP) CEQA Guidelines Section 15097 requires public agencies to set up an MMP as part of the final MND. The purpose of the MMP is to insure compliance with the mitigation measures. At the time of project approval, the MMP is adopted as conditions of approval. RECOMMENDATIONS: Staff recommends that the Planning Commission approve the project with conditions and adopt the Mitigation Monitoring Program and�n MN�ferth— 3roject. Prepared by: r-ceviewt_-u u Sandra Campbell Nancy Fongkev� Contract Senior Planner Communi y ment Director Attachments: 1. Draft resolution recommending approval of Conditional Use Permit No. 2006-02, Development Review No. 2006-05 and Comprehensive Sign Plan No. 2006-01 and adoption of the Mitigated Negative Declaration and the Mitigation Monitoring Program; 2. Exhibit "C –Mitigation Monitoring Program (attached to resolution); 4. Exhibit "A" – Site plan, landscape plan, architectural elevations, grading plan, and comprehensive sign plan; 5. IS/MND Page 10 (Project No.) PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CONDITIONAL USE PERMIT NO. 2006-02, DEVELOPMENT REVIEW NO. 2006-05, AND COMPREHENSIVE SIGN PROGRAM NO. 2006-01, A REQUEST TO DEMOLISH AN EXISTING SERVICE STATION BUILDING AND CANOPY AND TO REMOVE THE EXISTING UNDERGROUND, GAS PUMPS AND PAVEMENT, AND TO CONSTRUCT AN APPROXIMATELY 2945 -SQUARE -FOOT CONVENIENCE STORE, ATTACHED 843 - SQUARE -FOOT SELF-SERVICE CARWASH, 2750 -SQUARE -FOOT CANOPY, AND FIVE PUMP ISLANDS AND TO INSTALL NEW SIGNS FOR A PROJECT LOCATED AT 150 S. DIAMOND BAR BOULEVARD (APN: 8281-024-052), DIAMOND BAR, CA. A. RECITALS The property owner and applicant, John Amabile, Chevron Products Co., has filed an application for Conditional Use Permit No. 2006-02, Development Review No. 2006-05, Comprehensive Sign Program No. 2006-01 and a Mitigated negative declaration for service station located 150 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Comprehensive Sign Program and Mitigated negative declaration shall be referred to as the "Application." Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to approximately 33 property owners within a 500 -foot radius of the project site and posted at the City's designated community posting sites. Furthermore, the project site was posted with a display board. On November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution required a mitigated negative declaration (MND). The MND has been prepared according to the requirement of the California Environmental Quality Act Guidelines Sections 15070. The 20-day public review period for the MND began November 6, 2006 and ended November 27, 2006. Furthermore the Planning-Comrnission has reviewed the IVIND and related documents in reference to the Application. 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: CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the required conditional use permit findings contained in Section 22.58.040 of the Development Code as follows: (a) The proposed project involving demolition of an existing service station facility and construction of a new service station facility with a new convenience store, attached self-service carwash, new canopy, five pump islands is allowed in the C-3 with approval of a CUP. As conditioned, the project complies with all applicable provisions of the Development Code and Municipal Code. As conditioned, the project meets all the standards related to height, setbacks, parking, circulation, queuing area and landscaping requirements. (b) The proposed project is consistent with the General Plan Land Use Element Objective 1.3 that promotes the provision of adequate land for retail and service commercial to meet the City's needs. The proposed project will provide an expanded convenience store and carwash that will provide additional sales tax revenues for the City. The project location will take advantage of the location adjacent to the freeway on- and off -ramps by providing necessary services to motorists. The project is also consistent with General Plan Land Use Objective 2.2 that Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 promotes maintenance of an organized pattern of land use that minimizes conflicts between adjacent land uses. The proposed site plan is consistent with the surrounding development in that the driveway will be closely aligned with the Shell service directly across Palomino Dr. to reduce traffic conflicts in this area. The proposed architectural style of the building has similar orientation and roof line that reflects the architectural styles of other buildings in the area. Proposed landscaping for the site softens the impact of the building and gas pumps as viewed from the street. A condition of project approval has been added that requires the applicant to show that the carwash noise will be consistent with the City's noise standards and, therefore, consistent with uses on the adjacent property. (c) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed project is consistent with all applicable development standards in the Development Code. The design of the convenience store and carwash buildings are compatible architecturally with existing surrounding development. The installation of landscaping throughout the project site will enhance the site and soften the appearance of the building. The proposed project involves the closing of the two existing driveways located closest to the intersection to improve traffic safety on Diamond Bar Blvd. and Palomino Dr. As conditioned the operation of the carwash will be consistent with the noise regulations in the Development Code and will not produce negative noise impacts on the surrounding neighborhood. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. (d) As referenced above in Items (a) through (c), the project 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. (e) As conditioned, the proposed project 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. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies 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. (f) The proposed project has been reviewed in compliance with CEQA and found that with the implementation of mitigations measures will not have a significant effect on the environment. Planning Commission Resolution No. 2006 -XX CUP 2006.02 & DR 2006-05, CSP 2006-01 DEVELOPMENT REVIEW The design and layout of the proposed project are consistent with the findings required for approval of development review applications as follows: (f) As conditioned, the design and layout of the proposed project are consistent with the general plan, development standards of the zoning district, and design guidelines. The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 and 2.2 as outlined in Section (b) above. As conditioned, the project is consistent with development standards of the C-3 zone. The proposed development will improve the appearance of the site and be compatible with existing surrounding development in the quality of the design of the convenience store and carwash and provision of landscaping over that required by the Development Code. The signs provide a well- designed comprehensive plan that is consistent with the architectural style of the building. The layout of the proposed development will provide adequate space for vehicles to enter and exit the site and for fuel trucks to maneuver through the site such that they will not interfere with other on-site traffic. (g) As discussed above in Items (a) through (f), the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (h) As discussed above in Item (f), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the Development Code, the General Plan, or City Design Guidelines. (i) As discussed above in Item (f), 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. (j) Before 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. Through the permit and inspection process, those agencies 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. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. 4 Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 Comprehensive Sian Proaram (p) The proposed Comprehensive Sign Program consists of sign criteria for a monument and wall signs for a Chevron service station. As conditioned, all signs comply with the required development standards regarding quantity, height, sign face area and location. The proposed changes to the existing freeway sign will require submittal of a conditional use permit application before approval. (q) As referenced in Item (a) above, the proposed Comprehensive Sign Program will enhance the overall development by providing a consistent sign theme that is architecturally compatible with the commercial structures on-site and by providing a sense of order and unity. (r) The proposed Comprehensive Sign Program accommodates future revisions in that minor changes can be approved by the director and major changes may be approved by the Planning Commission. (s) As referenced in Item (a) above, the proposed Comprehensive Sign Program complies with the Development Code standards for signs and will enhance the overall commercial center by repeating the architectural design and theme of the commercial center in the design of the signs. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions, attached Standard Conditions and Mitigation Monitoring Program: General (1) The project shall substantially conform to title sheet, site plan, floor plan, elevations, landscape plan, comprehensive sign plan and details collectively labeled as Exhibit "A" dated November 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. (2) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period 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. (3) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. Planning Division (1) The carwash operation shall comply with the City's noise standards. Before issuance of the Certificate of Occupancy, a sound test by a certified noise meter shall be conducted at the applicant's expense for the City's review and approval to ensure compliance with the City's noise standards. (2) Doors of the carwash shall remain closed between 8:00 p.m. and 7:00 a.m. (3) Carwash shall only operate between 7:00 a.m. and 8:00 p.m. (4) Before issuance of any City permits, the applicant shall provide a revised landscape plan for the Planning Division's review and approval that shows the following: (a) Additional landscaping along the Diamond Bar Blvd. frontage. (b) Additional landscaping at the base of the two monument signs. (5) All landscaping/irrigation shall be installed prior to final inspection or issuance of the Certificate of Occupancy. (6) Applicant shall submit a conditional use permit application for the proposed changes to the freeway sign to provide a modernized pole sign as stated in Chapter 22.68.020(g) for the purpose of architectural integration. (7) Before issuance of building permits, applicant shall provide a revised comprehensive sign plan to the Planning Division for review and approval showing the following revisions: (a) Removal of the three smaller signs on the business identification monument sign that read "ATM", "FastPay", and "Van Houtte Fine Coffees". (b) The business identification monument sign located 10 feet or more from the street side property line. 6 Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 (c) Applicant shall reduce the number of walls signs to four total for compliance with development standards pertaining to walls signs. (8) All outdoor lighting shall conform to current City requirements as specified in Section 22.16.050 of the Municipal Code. (9) Prior to issuance of building permits, the applicant shall submit plans to the Planning Division for updating the existing pole/freeway sign. The existing pole sign shall be designed to be architecturally compatible to the building design. A Conditional Use Permit is required per Chapter 22.36 and 22.68. (10) Any exterior equipment such as electrical box for the building shall be architecturally integrated with the design of the building. (11) Before issuance of a building permit for the project, a permit from the SCAQMD, per Rules 201 and 203, shall be obtained to construct and operate gas stations shall be obtained. (12) If during grading archaeological resources are encountered, construction activities in the area of the find must be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. (13) If during grading paleontological resources are encountered, construction activities in the area of the find must be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. (14) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Los Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation. (15) If hazardous materials are present in construction debris, then any and all hazardous waste materials shall be transported off-site by a properly licensed hazardous waste hauler, who must be in compliance with the Department of Transportation regulations under Title 49 CFR 171-179 and under 40 CFR 263 (Subtitle C of RCRA). Planning Commission Resolution No. 2006 -XX CUP 2006.02 & DR 2006-05, CSP 2006-01 (16) If hazardous materials are present in construction debris, then demolition activities shall be performed in compliance with all applicable federal and state regulations, including Cal/OSHA and SCAQMD Rule 1403 regulations and procedures. (17) Before issuance of a demolition permit by the Building and Safety Division, the applicant shall provide a copy of the demolition notification from the SCAQMD. In compliance with SCAQMD regulations, the applicant is required to show compliance with regulations for asbestos and lead paint removal. (18) Before issuance of grading permits, the applicant/developer shall provide a truck route for the operation of trucks carrying demolition material that avoids all local streets including Palomino Drive. (19) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBCC Chapter 8.12. (20) The project contractor must pay a connection fee to the County Sanitation Districts of Los Angeles County. Although the project site is already connected to the wastewater system, the connection fee is required for projects that increase the improvement square footage of a commercial parcel by more than 25 percent. This connection fee is required to construct incremental expansions to the sewerage system. Public Works Department (21) "No stopping" prohibitions shall be provided on Palomino Drive along the project frontage. (22) The carwash facility shall be self service only and shall not have any employees that are part of the carwash operation including, but not limited to, assist in cleaning, wiping down, etc. (23) There shall be only one driveway on Palomino Drive and Diamond Bar Boulevard as shown on the approved site plan. Before issuance of any City permits, the applicant shall provide improvement plans for review and approval of the Public Works Director that shows the one driveway for Chevron and the one driveway for Shell on Palomino Drive that are opposite each other align; with the centerline of each driveway aligning with each other. Any variation on the alignments shall be approved by the Public Works Director. (24) Before issuance of any City permits, the applicant shall submit a revised Traffic Impact Analysis report with the following revisions: Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 (a) Figure 3 at the intersection "2" shows a northeast bound through lane to the curb that shall be changed to a right turn arrow on the figure. (b) Modifications to the appropriate Tables shall reflect the ICU correction noted above. (c) In Table XV, applicant shall add a footnote indicating the " .001" for DBB/Golden Springs. (d) Page 30, number 4 shall indicate "less" trips rather than additional, with the added explanation that for purposes of this study, no reduction is anticipated. (e) Any required on-site striping and signing shall be detailed on the site plan or the TIA. (25) Prior to final inspection, all driveway approaches shall be upgraded to comply with Americans with Disabilities Act (ADA) of 1990 requirements. Additionally, driveway closures shall comply with the City's sidewalk standards. (26) Prior to final inspection, any curbs, sidewalks, driveway approaches, pavement, traffic signals, etc. damaged due to construction activities shall be repaired or replaced to the satisfaction of the Public Works Director. (27) Prior to the issuance of a grading permit for construction of the proposed project, the project applicant shall provide proof of obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. Pursuant to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. Building and Safety Division (28) Fire Department approval is required. (29) This project shall comply with the provisions of the 2001 California Building Code. (30) Applicant shall provide code analysis for the proposed project including location of car wash wall at the property line, exit analysis, occupant load, exit sign, etc. Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 (31) The minimum design load forwind in this area is 80 M.P.H. exposures "C" (32) Applicant shall use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. (33) This project shall comply with the energy conservation requirements of the State of California Energy commission. Car wash shall comply with water conservation (Water recirculation requirements). (34) This project shall comply with all title 24 accessibility requirements including accessible parking, path of travel from public street to the property, accessible restrooms, drinking fountains, etc. (35) The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc...) (36) Applicant shall check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. (37) Applicant shall specify location of tempered glass as required by code. (38) Applicant shall specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material - (39) Kitchen and bathroom lights shall be fluorescent. (40) All kitchen shall be equipped with grease interceptors. (41) All food establishments shall obtain. Los Angeles County health and environmental waste permits (42) Applicant shall submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations (if any). (43) Wall signs and Monument signs shall be under separate permit (44) Before issuance of any City permits, applicant shall obtain demo permit. Before submittal of plans for plan check, applicant shall obtain all applicable SCAQMD clearances. (45) Applicant shall consult with traffic Engineer for car wash turning radius. 10 Planning Commission Resolution No, 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 (46) Before issuance of City permits, applicant shall submit a certificate for underground contamination clearance. (47) Applicant shall provide 90% compaction certificate after the removal of the underground tanks. (48) Applicant shall obtain all Fire Department and Building and Safety Department and Engineering Department approvals for the removal and installation of the underground tanks. 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: John Amabile, Chevron Products Co., 145 S. State College Boulevard, Brea, CA 92822. APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. la Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28th day of November 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 11 Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 B s PROJECT #: Conditional Use Permit No.2006-02 Development Review No. 2006-05, Comprehensive Sign Plan No 2006-01 and Mitigated negative declaration SUBJECT: Service station remodel consisting of demolition of existing service station building canopy and pavement and removal of underground tanks and existing pump islands and construction of an approximately 2945 -square - foot convenience store attached 843 -square -foot self-service carwash, 2750 -square -foot canopy, and installation of five pump islands and three underground storage tanks, and new signs. APPLICANT: John Amabile Chevron Products Co. LOCATION: 150 S Diamond Bar Boulevard. 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.2006-03, Development Review No. 2006-16 and Variance No. 2006-05 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 12 Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 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 2006-02, Development Review 2006- 05 and Comprehensive Sign Plan 2006-01, at the City of Diamond Bar Community Development 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 or City Council 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 o f the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. g. All site, grading, landscape, irrigation, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such has grading, tree removal, encroachment, building, etc.) or app roved usecommenced, whichever comes first. 13 Planning Commission Resolution No. 2006 -XX CUP 2006-02 & OR 2006-05, CSP 2006-01 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. 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. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No.2006-02, Development Review No, 2006-05, and Comprehensive Sign Program No. 2006-01 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, landscaping, comprehensive sign plan, and irrigation on file in the Planning Division, the conditions contained herein, Development Code regulations. 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. 14 Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 All structures, including walls, 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 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. 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 let 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). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Grading and/or 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 used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. DRAINAGE Detailed drainage plan shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. 15 Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. Before 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 County Public Works Department. C. OFF-SITE STREET IMPROVEMENTS 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. Curb ramps shall be reconstructed to current ADA compliance standards. 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 no exceed a maximum slope of 12 percent. 4. Applicant shall show sidewalk, curb, gutter and driveway improvements. Plans shall be reviewed and approved and permits issued by Public Works Engineering Dept.. Improvements shall be completed before certificate of occupancy issuance. D. TRAFFIC MITIGATION A traffic impact analysis report shall be submitted for review and approval by the City. Such report shall address on-site circulation and parking requirements. All traffic improvements shall be implemented and constructed in accordance with the traffic report dated July 31, 2006 and as amended herein and conditions of project approval for Conditional Use Permit No. 2006-02, Development Review No. 2006-05 and Comprehensive Sign Plan No. 2006- 01 before issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 16 Planning Commission Resolution No. 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2005-01 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. The project shall be protected by a construction fence to the satisfaction of the Building Official. 5. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. Fire flow shall be 2000 GPM. 4. Hydrants shall be within 200' of frontage. 5. Proper permits shall be obtained for removal of underground tanks. END 17 Planning Commission Resolution No, 2006 -XX CUP 2006-02 & DR 2006-05, CSP 2006-01 RESOLUTION NO. 2006 -XX CONDITIONAL USE PERMIT NO. 2006-02, DEVELOPMENT REVIEW NO. 2006-05, AND COMPREHENSIVE SIGN PROGRAM NO. 2006-01 ATTACHMENT C — Mitigation Monitoring Program 3.1 AESTHETICS SC 3.1-2 All outdoor lighting shall conform to current City of Diamond qDmen City of Diamond Bar requirements as specified in Building and Safety Section 22.16.050, Exterior Lighting, of the Municipal Code. 3.3 AIR QUALITY SC 3.3-1 The following measures should be City of Diamond implemented during demolition and construction Community and De activities, consistent with South Coast Air Quality Management District Rule 403 in order to reduce PMio and PM2.5 emissions: Water exposed surfaces frequently (as necessary) to prevent fugitive dust Cover all stockpiles of soil/fill with tarps • Cover loads of soilffill on trucks hauling dirt. SC 3.3-213efore issuance of a building permit for the project, a permit from the SCAQMD, per Rules 201 and 203, shall be obtained to construct and oprsrate gas stations shall be obtained. 3.5 CULTURAL RESOURCES Grading MM 3.5-1 If during grading archaeological resources City of Diamond Bar Department of activities on the are encountered, construction activities in the area of Community and Development Services site have the the find must be immediately suspended the resource potential to must be left in place until a qualified archaeologist can impact examine it and determine appropriate mitigation archaeological measures. resources. Grading MM 3.5-2 if during grading paleontological resources City of Diamond Bar Department of activities on the are encountered, construction activities in the area of Community and Development Services site have the the find must be immediately suspended the resource potential to must be left in place until a qualified archaeologist can impact examine it and determine appropriate mitigation paleiontological measures. resources. Grading MM 3.5-3 If during grading human remains are City of Diamond Bar Department of activities on the encountered, construction activities in the area of the Community and Development Services site have the find must be immediately halted and the Los Angeles potential to County coroner must be notified within 24 hours of the disturb human discovery; in accordance with PRC 5097.94. If the remains. coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation 3.6 GEOLOGY AND SOILS PfVTIAG QTE ;MITIGA�TION,tIE?�SURES RESPONSIBLE RARTY r,� r' IMPA�TS}t #c§� s kK ? r� F a t ib e V�Sc's"'�'�� SC 3.6-1 All structures shall conform to the City of City of Diamond Bar Department of Diamond Bar's Building Code, which incorporates UBC Building and Safety and the California Building Code requirements. 3.7 HAZARDS AND HAZARDOUS MATERIALS SC 3.7-1 if hazardous materials are present in City of Diamond Bar Department of construction debris, then any and all hazardous waste Building and Safety materials shall be transported off-site by a properly licensed hazardous waste hauler, who must be in compliance with the Department of Transportation regulations under Title 49 CFR 171-179 and under 40 CFR 263 (Subtitle C of RCRA). SC 3.7-2 If hazardous materials are present in City of Diamond Bar Department of construction debris, then demolition activities shall be Building and Safety performed in compliance with all applicable federal and state regulations, including Cal/OSHA and SCAQMD Rule 1403 regulations and procedures. The potential SC 3.8-1 Before issuance of a demolition permit by City of Diamond Bar Department of for exposure to the Building and Safety Division, the applicant shall Building and Safety lead paint provide a copy of the demolition notification from the and/or SCAQMD. In compliance with SCAQMD regulations, the asbestos from applicant is required to show compliance with demolition regulations for asbestos and lead paint removal activities could be significant. SC 3.7-4 Before issuance of a grading permit, the City of Diamond Bar Department of applicant will be required to submit a certificate for Building and Safety underground contamination clearance and proof that all necessary permits are obtained from Los Angeles County Fire Department and Department of Public Works relative to removal and installation of USTs. SC 3.7-5 Before issuance of grading permits, the City of Diamond Bar Department of applicant/developer shall provide a truck route for the Building and Safety operation of trucks carrying demolition material that avoids all local streets including Palomino Drive. 3.8 HYDROLOGY AND WATER QUALITY SC 3.8-1 Prior to the issuance of a grading permit for City of Diamond Bar Department of construction of the proposed project, the project Building and Safety applicant shall provide proof of obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. Pursuant to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. SC 3.8-2 A SUSMP report/plan is required to be City of Diamond Bar Department of submitted for review and approval to the Building and Building and Safety Safety Division of the City of Diamond Bar before issuance of building permits. Standard Urban Storm Water Mitigation Plan (SUSMP). Best management practices (BMPs) are required to be incorporated into CHEVRON GAS STATION RENOVATION 150 DIAMOND BAR BOULEVARD MITIGATED NEGATIVE DECLARATION Development Review No. 2006-05 Conditional Use Permit No. 2006-02 Comprehensive Sign Program No. 2006-01 Chevron Gas Station project Mitigated Negative Declaration Prepared by: City of.Diamond Bar 21825 Copley Avenue Diamond Bar, CA 91765 (909) 839-7081 Contact: Nancy Fong Interim Community Development Director October 10, 2006 Chevron Gas Station, 950 Diamond Bar Boulevard Mitigated Negative Declaration TABLES Table Page MitigationTable......................................................................................................................... 4 2.1 Tentative Construction Schedule.................................................................................. 14 2.2 Related Projects for Cumulative Analysis..................................................................... 14 3.1 Construction Emissions and SCAWMD Significance Thresholds ................................ 20 3.2 Operational Emissions and SCAWMD Significance Thresholds .................................. 21 3.3 Schools within One Mile of Project Site....................................................................... 30 3.4 Existing Intersection LOS............................................................................................ 44 3.5 Existing Driveway LOS................................................................................................ 44 3.6 Project Trip Generation............................................................................................... 45 3.7 Increase in V/C Changes in LOS from Existing + Ambient to Existing + Project + Cumulative......................................................................................•........................... 48 3.8 Increases in V/C Changes in LOS from Existing + Ambient to Existing + Project + Cumulative.................................................................................................................. 48 LIST OF FIGURES Figure Paqe 2-1 Regional Location......................................................................................................... 10 2-2 Local Vicinity ................................................................................................................ 11 2-3 Existing Land Uses .............................. ................ :...... .................................................. 12 2-4 Proposed Chevron Gas Station Site Plan..................................................................... 13 APPENDICES Appendix A: Air Quality Analysis Appendix B: Traffic Impact Analysis Report EXECUTIVE SUMMARY This Executive Summary presents a tabular summary of the potential environmental effects of the Chevron Gas Station project (project), Diamond Bar Case Nos. DR 2006-05, CUP 2006-02, and CSP 2006-1, and the recommended mitigation program that would reduce potential impacts to levels less than significant. Refer to the full text of this Initial Study/Mitigated Negative Declaration (IS/MND), as well as the technical appendices, for a description and analysis of the environmental effects of the project. In accordance with Chapter 22 of the City of Diamond Bar Development Code, the project applicant has requested the following approvals: Development Review No. 2006-05 and Conditional Use Permit No. 2006-02: Page 2 of 52 Table of Contents Chevron Gas Station, 150 Diamond Bar Boulevard Screencheck Mitigated Negative Declaration Development Review (DR) for the renovation of an existing gas station that includes the demolition of the existing gas station building and canopy and the construction an 2945 - square -foot convenience store, 936 -square -foot drive-through car wash, and 3472 - square -foot canopy and installation of four new pump islands. Comprehensive Sign Program No. 2006-1 Comprehensive Sign Program to install two freestanding monument signs, two canopy sign, and two wall signs, and renovation of an existing freeway sign. The Executive Summary Table shows that the proposed project would result in potentially significant impacts to the following topical issues: • Air Quality • Cultural Resources • Hazards/Hazardous Materials • Noise After implementation of the mitigation program, all potential impacts would be mitigated to a less than significant level. In addition to implementing mitigation measures, the impact analysis also considers Standard Conditions of Approval (SCs). SCs are based on local, state, or federal regulations or laws that are frequently required independent of CEQA review yet also serve to offset or prevent certain impacts. Because SCs are incorporated into the project, either in the project design or as part of project implementation, they do not constitute mitigation measures as defined by CEQA. For clarity, SCs are described within the mitigation program in the Executive Summary Table below and within the analysis of each CEQA topic in Section 3.0 where applicable. Page 3 of 52 Executive Summary Chevron Gas Station project Mitigated Negative Declaration MITIGATION TABLE a.POTENTIAt_ MITIGATI0IV�MEASIJRF.�S _ r �,�r' RESPONSIBLE ��'EUEL,OF�tr;���� �IVIPAC�'$ `�,�31xy�vyim.ce�i`��1����3�A36n �Aa{}.v�ylY PARTY ��t;fYSIG�CV�I�'IC��Ct' �. 3.1 AESTHETICS SC 3.1-2 All outdoor lighting shall conform to current City of Diamond Bar City of Diamond Bar requirements as specified in Section Department of 22.16.050, Exterior Lighting, of the Municipal Code. Building and Safety 3.3 AIR QUALITY SC 3.3-1 The following measures should be City of Diamond Bar implemented during demolition and construction activities, Department of consistent with South Coast Air Quality Management Community and District Rule 403 in order to reduce PMio and PM2.5 Development emissions: Services a Water exposed surfaces frequently (as necessary) to prevent fugitive dust Cover all stockpiles of soil/fill with tarps • Cover loads of soil/fill on trucks hauling dirt. SC 3.3-213efore issuance of a building permit for the project, a permit from the SCAQMD, per Rules 201 and 203, shall be obtained to construct and operate gas stations shall be obtained. 3.5 CULTURAL RESOURCES Grading activities MM 3.5-1 If during grading archaeological resources are City of Diamond Bar Less than on the site have encountered, construction activities in the area of the find Department of significant the potential to must be immediately suspended the resource must be left Community and impact in place until a qualified archaeologist can examine it and Development archaeological determine appropriate mitigation measures. Services resources. Grading activities MM 3.5-2 If during grading paleontological resources City of Diamond Bar Less than on the site have are encountered, construction activities in the area of the Department of significant the potential to find must be immediately suspended the resource must Community and impact be left in place until a qualified archaeologist can examine Development paleiontological it and determine appropriate mitigation measures. Services resources. Grading activities MM 3.5-3 If during grading human remains are City of Diamond Bar Less than on the site have encountered, construction activities in the area of the find Department of significant the potential to must be immediately halted and the Los Angeles County Community and disturb human coroner must be notified within 24 hours of the discovery, Development remains. in accordance with PRC 5097.94_ If the coroner Services determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation 3.6 GEOLOGY AND SOILS SC 3.6-1 All structures shall conform to the City of City of Diamond Bar Diamond Bar's Building Code, which incorporates UBC Department of and the California Building Code requirements. Building and Safety 3.7 HAZARDS AND HAZARDOUS MATERIALS SC 3.7-1 If hazardous materials are present in City of Diamond Bar construction debris, then any and all hazardous waste Department of materials shall be transported off-site by a properly Building and Safety licensed hazardous waste hauler, who must be in compliance with the Department of Transportation regulations under Title 49 CFR 171-179 and under 40 Page 4 of 51 Screencheck Mitigated Negative Dectaration bPOTENTIAL # RESPONSIBLE ". LE1/EL40F G� MITIGATION MEASURES PARTY-; SI'GNI�ICANC) r'y I1MI'ACTS f rs AFTER}aR tC i t {r 3 CFR 263 (Subtitle C of RCRA). SC 3.7-2 If hazardous materials are present in City of Diamond Bar construction debris, then demolition activities shall be Department of performed in compliance with all applicable federal and Building and Safety state regulations, including Cal/OSHA and SCAQMD Rule 1403 regulations and procedures. The potential for SC 3.8-1 Before issuance of a demolition permit by City of Diamond Bar Less than Department of significant exposure to lead the Building and Safety Division, the applicant shall a copy of the demolition notification from the Building and Safety paint and/or asbestos from provide SCAQMD. In compliance with SCAQMD regulations, the demolition applicant is required to show compliance with regulations activities could for asbestos and lead paint removal be significant. SC 3.7-4 Before issuance of a grading permit, the City of Diamond Bar applicant will be required to submit a certificate for Department of underground contamination clearance and proof that all Building and Safety necessary permits are obtained from Los Angeles County Fire Department and Department of Public Works relative to removal and installation of USTs. SC 3.7-5 Before issuance of grading permits, the City of Diamond Bar applicant/developer shall provide a truck route for the Department of operation of trucks carrying demolition material that Building and Safety avoids all local streets including Palomino Drive. 3.8 HYDROLOGY AND WATER QUALITY SC 3.8-1 Prior to the issuance of a grading permit for City of Diamond Bar construction of the proposed project, the project applicant Department of shall provide proof of obtain coverage under the NPDES Building and Safety General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99 -08 -DW Q). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. Pursuant to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. SC 3.8-2 A SUSMP report/plan is required to be City of Diamond Bar submitted for review and approval to the Building and Department of Safety Division of the City of Diamond Bar before Building and Safety issuance of building permits. Standard Urban Storm Water Mitigation Plan (SUSMP). Best management practices (BMPs) are required to be incorporated into the project plans for both construction and post -construction activities in compliance with the National Pollution Discharge Elimination System (NPDES) regulations 3.9 LAND USE SC 3.9-1 In accordance with Chapter 22 of the City of City of Diamond Bar Diamond Bar Municipal Code, the applicable reviewing Department of agency within the City of Diamond Bar will review the Community and project's application for Development Review No. 2005- Development7] 05, Conditional Use Permit No. 2006-02 and Services Comprehensive Sign Program No. 2006-01to ensure that the project is in compliance with all applicable City of Diamond Bar plans, policies, and regulations. 3.11 NOISE Executive Summary Page 5 of 51 Screencheck Mitigated Negative Declaration L IVIITIGATI0NaMEAS1JRE5 is 1NIPACTS nj JPARtJSIBLE5 GNI CAI�CE ii;c '�g�, n � a 2 i 1{ 1 `�✓�"�1. )= s r i .3 ^+. k - 5 � r i' � ] a ,�ya��`.t�'— r 1 z , 1, �t� ., sir �M1T41GT�O! SC 3.11-1 The construction contractor shall abide by all City of Diamond Bar requirements of the City Code related to noise, as Department of -specified -in-DBCC-Chapter 8.12. Building and Safety Operation of the MM 3.11-1 Before issuance of building permits, City of Diamond Bar Less than proposed applicant/developer shall submit a noise study to the Department of significant carwash has the Planning Division showing that the -operation of the Building and Safety potential to carwash will not exceed 60dBA or submit manufacturer's exceed the City's specifications showing that the operation of the carwash maximum noise will not exceed the maximum 60 dBA during operation. standard for commercial areas. 3.16 UTILITES AND SERVICE SYSTEMS SC 3.16-1 The project contractor must pay a City of Diamond Bar connection fee to the County Sanitation Districts of Los Department of Angeles -County. Although the project site is already Building and Safety connected to the wastewater system, the connection fee is required for projects that increase the improvement square footage of a commercial parcel by more than 25 percent. This connection fee is required to construct incremental expansions to the sewerage system. Executive Summary Page 6 of 51 Mitigated Negative Dectaration SECTION 1.0 INTRODUCTION 1.1 PURPOSE OF THE INITIAL STUDY In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and its Guidelines (California Code of Regulations §15000 et seq.), this Initial Study (IS) has been prepared as documentation for a Mitigated Negative Declaration (MND) for the proposed construction and redevelopment of the existing Chevron gas station located at 150 Diamond Bar Boulevard (project). This IS includes a description of the proposed project, location of the project site, evaluation of the potential environmental impacts, findings from the environmental review, and proposed mitigation measures to lessen or avoid impacts on the environment. Pursuant to Section 15367 of the State CEQA Guidelines, City of Diamond Bar (City) is the lead agency for the project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project. The City of Diamond Bar, as the lead agency, shall have the authority for project approval and adoption of the accompanying environmental documentation. 1.2 SUMMARY OF FINDINGS Based on the environmental checklist form prepared for the project and supporting environmental analysis, the proposed project would have no impact or less than significant impacts in the following environmental impact areas: • Aesthetics • Agricultural Resources • Biological Resources • Geology/Soils • Hydrology/Water Quality • Land Use/Planning • Mineral Resources • Population and Housing • Public Services • Recreation • Utilities/Service Systems • Traffic/Transportation The proposed project has the potential to have significant impacts in the following areas, unless the recommended mitigation measures are incorporated into the project: • Air Quality • Cultural Resources • Hazards/Hazardous Materials • Noise According to the CEQA Guidelines, it is appropriate to prepare a MND for the proposed project because, after incorporation of the recommended mitigation measures, potentially significant 77 _-- —..,.,,—Pana 7of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration environmental impacts would be eliminated or reduced to a level considered less than significant. 1.3 PROJECT APPROVAL The IS and proposed MND have been submitted to potentially affected agencies. Notices of availability of the IS/MND for review and comment have been posted on the projectsite and at the Los Angeles County Clerk's Office. The IS/MND and associated technical reports are available for review at the Department of Community and Development Services at City Hall in the City of Diamond Bar. There will be a 20 -day public review period for the IS/MND, in accordance with Section 15073 of the CEQA Guidelines. In reviewing the IS/MND, the reviewer should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment and ways in which the potentially significant effects of the project are avoided or mitigated through components of the project. Comments on the analysis contained herein may be sent to: Nancy Fong,AICP Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Following receipt of and evaluation of comments from agencies, organizations, and/or individuals, the City will determine whether any substantial new environmental issues have been raised. If not, or if the new issues do not provide substantial evidence that the project will have a significant effect on the environment, the project and environmental documentation will be approved by the City of Diamond Bar Planning Commission and City Council. Action on the project is expected in November 2006. 1.4 ORGANIZATION OF THE INITIAL STUDY The Initial Study is organized into the following sections: Section 1 — Introduction. This section provides an introduction to the IS/MND process and a brief overview of the results of the IS analysis. Section 2 — Project Location and Environmental Setting. This section provides a detailed description of the proposed project's physical and operational characteristics, the project location, the project objectives, and describes the existing environmental setting of the project area. Section 3 — Environmental Checklist Form. The completed CEQA checklist form gives an overview of the potential impacts that may or may not result from project implementation. The environmental checklist form also includes "mandatory findings of significance" required by CEQA. This section also contains the analysis of environmental impacts identified in the environmental checklist and identifies mitigation measures that have been recommended to eliminate potential significant effects or reduce them to a level that is considered less than significant. Section 4 — Report Preparers and Contributors. This section lists those individuals responsible for preparing and contributing to the IS and proposed MND. Section 5 — References. This section lists those references used in preparation of the Is. 8of51 Chevron Gas Station project Mitigated Negative Declaration SECTION 2.0 PROJECT LOCATION AND ENVIRONMENTAL SETTING 2.1 PROJECT LOCATION The proposed project involves the renovation of an existing gas station site located at 150 Diamond Bar Boulevard. The site is on the northeast corner of the intersection of Palomino Drive and Diamond Bar Blvd. and on the north is adjacent to the on-ramp of 60 Freeway. Regional access to the site is provided by the on- and off -ramps of the 60 Freeway at Diamond Bar Blvd., which is located just to the east of the 60 Freeway and 57 Freeway split. Local access is primarily from Diamond Bar Blvd. and secondarily from Palomino Dr. Figure 2-1. Figure 2-2 depicts the regional location and local vicinity of the project site, respectively. 2.2 ENVIRONMENTAL SETTING The project site is zoned C-3 (Regional Commercial) and the General Plan designation is C-3 General Commercial. Currently the property is developed with an operating gas station. All parking is at -grade surface parking. An existing restaurant and shopping center site borders the site on the northeast. A gas station and commercial retail center are located across Palomino Dr. directly south of the site and a variety or commercial uses including fast food and auto repair are located across Diamond Bar Blvd. to the west of the site. The 60 Freeway is directly north of the site. Figure 2-3 depicts the existing land uses on the project site. The project site is already fully -developed with 727.9 -square -foot one-story gas station building constructed in 1987, canopy, pavement, and four pump islands on .88 -acre site. Parking exists on the site to serve the current gas station operations. Four underground gasoline storage tanks are located on the southeast corner of the site. The main entrances into the gas station are from two driveways located off of Diamond Bar Boulevard and two driveways from Palomino Drive Road. All trees and vegetation on the project site are ornamental landscaping and there are no native habitat or wildlife populations on the project site. 2.3 PROJECT DESCRIPTION The proposed project involves the demolition of the existing gas station building and canopy and removal of the existing gas pumps and pavement to allow for the construction of a new .2945 - square -foot convenience store with an attached 843 -square -foot drive-through car wash, 2750 - square -foot canopy and five pumps islands. All of the four existing underground storage tanks are proposed to be removed and three new storage tanks will be installed underground to the southwest of the existing tanks. The site will also be repaved and striped with twelve new parking spaces and with associated landscape islands installed. A drive-through aisle with queuing for six cars will be located at the entrance of the car wash. The two existing driveways on Palomino Drive will be removed and replaced with a single 40 -foot -wide driveway. The two existing driveways on Diamond Bar Boulevard will be replaced with a single 40 -foot -wide driveway Pane 9 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration FIGURE 2-1 REGIONAL LOCATION Page 10 of 51 150 Diamond Bar Blvd. FIGURE 2-2 LOCAL VICINITY Page 11 of 51 950 Diamond Bar Blvd. Mitigated Negative Declaration FIGURE 2-3 EXISTING LAND USES Page 12 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration — FIGURE 2-4 PROPOSED CHEVRON GAS STATION SITE PLAN Page 13 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration The completed project will consist of a 2945 -square -foot convenience store, an attached 843 - square -foot self-service carwash, and five pump islands covered by a 2750 -square -foot canopy. The total floor area will be 3788 square feet, compared to the current area of 727.9 square feet, for a net increase of 3060 square feet. The proposed convenience store and carwash will cover approximately 27.6 percent of the project site. In total, landscaping will account for approximately 16 percent of the site and the gas station will have a total of 12 parking spaces. ® In accordance with Chapter 22 of the City of Diamond Bar Development Code, the project requires Conditional Use Permit 2006-07 and Development Review No. 2006-05. Conditional Use Permit (CUP) and a Development Review are required for the demolition of all existing buildings and construction of a convenience store and attached drive-through car wash along the easterly property line. ® Conceptual Sign Plan No. 2006-05 Conceptual Sign Plan consists of two walls signs, the renovation of an existing freeway sign/pole sign, and two monument signs, one of which is a gas price sign. 2.3.1 DRAFT PROJECT SCHEDULE The proposed project would be developed in one phase. The demolition and construction activities on the project site would be staged according to the tentative construction schedule presented in Table 2-1. It is anticipated that demolition activities would begin in January 2007 and all construction activities would be complete by June of 2006. TABLE 2-1 TENTATIVE CONSTRUCTION SCHEDULE ttem Work « E APPrdx�mdtcwtAproxrmate of L k � t',,.i�,;f.,�.�..s;��z;5•,rr, i�+,��}�7�;, -,Star•�Dai!'��„z,-�� �.Fm�sh;�Date: Demolition of existing service station building and removal of existing in- round tanks. Jan. 2007 Feb. 2007 Construction of convenience store and self-service carwash Feb. 2007 I June 2006 2.4 RELATED PROJECTS In the vicinity of the project site, there are two proposed projects that are under construction or under review by the City of Diamond Bar that may be affected by, or may have an effect upon, the proposed project. This list of proposed projects was also considered in the Traffic Impact Analysis report by RHL Design Group. These projects, when considered in conjunction with the proposed project, may have the potential to result in cumulative environmental impacts. The environmental analysis provided in Section 3.0 indicates that the proposed project, in conjunction with the other related projects identified above, would not result in significant cumulative environmental impacts. TABLE 2-2 RELATED PROJECTS FOR CUMULATIVE ANALYSIS Protectrtle, _ reafron sslLoc' ddD,es option Six -unit condominium project 23671 Golden Springs Dr. 6 -unit condominium project Gas station remodel and addition 206 Diamond Bar Blvd. Remodel and addition to an existing gas station. Page 14 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration SECTION 3.0 ENVIRONMENTAL CHECKLIST FORM This section includes the completed environmental checklist form. The checklist form is used to assist in evaluating the potential environmental impacts of the proposed project. The checklist form identifies whether the project is expected to have potential significant impacts. Substantiation and clarification for each checklist response is provided below each environmental topic. 1. Project title: 2. Lead agency name and address: 3. Contact person and phone number: 4. Project Location: 5. Project sponsor's name and address: 6. General Plan designation: 7. Zoning: 8. Description of Project: Chevron Gas Station renovation City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Nancy Fong, Planning Manager (909)839-7081 150 Diamond Bar Blvd. between the 60 Freeway and Palomino Dr. John Amabile Chevron Products Co. 145 S. State College Blvd., Ste. 400 Brea, CA 92822 C- General Commercial C-3, Regional Commercial The proposed project involves the demolition of the existing gas station building, canopy and gas pumps and removal of all existing underground gasoline storage tanks and existing on-site pavement. Demolition of the existing building and canopy and removal of the underground tanks will allow for the construction of a 2945 -square -foot convenience store and attached 843 - square -foot self-service carwash, and a 2750 -square -foot canopy covering five new pump islands. Other improvements include the following: ■ Removal of two driveways on Palomino Dr. and replacement with one 40 -foot -wide driveway; ■ Removal of two driveways on Diamond Bar Blvd. and replacement with one 40 -foot - wide driveway; ■ Installation of three new underground storage tanks; ■ Installation of landscaping; and ■ repaving of the entire site with striping for twelve parking spaces 9. Surrounding land uses and setting: Page 15 of 51 150 Diamond Bar Bfvd. Mitigated Negative Declaration The Chevron gas station site is occupied by an existing gas station with a 727.9 -square -foot food mart building constructed in 1987, canopy and four pump islands. The project site is located directly south of the 60 Freeway on-ramp, west of an existing restaurant and shopping center, north across Palomino Dr. from a gas station, and east across Diamond Bar Blvd. from a shopping center. The closest residential uses are located approximately 200 feet to the east. There are no sensitive biological resources on the site. 10. Other public agencies whose approval is required: Permits required from Los Angeles County Environmental Health for food service and underground tank removal. Permits required from Los Angeles County Fire Department for underground tank removal_ South Coast Air Quality Management District clearance for asbestos for demolition. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: ❑ AestheticNisual ❑ Agricultural Resources ® Air Quality ❑ Biological Resources 0 Cultural Resources ❑ Geology/Soils ® Hazards & Hazardous Materials ® Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources ® Noise ❑ Population/Housing Q Public Services ❑ Recreation ® Trans portation/Traffic jj Utilities/Service Systems ❑ Mandatory Findings of Significance 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. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. Page 16 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature of Lead Agency Representative Date Printed name Agency ENVIRONMENTAL ASSESSMENT Less Than Potentially significant Less Than AESTHETICS Significant With Significant No FWouldthd Impact Mitigation Impact Impact ,.t. ro ect n a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but Q not limited to, trees, rock outcroppings, and historic ❑ ❑ buildings within a state scenic highway? c) Substantially degrade the existing visual character or ❑ ❑ ❑ El 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? 3.1.1 AESTHETICS ANALYSIS a) No Impact. The proposed project involves the renovation of an existing gas station. The project site is located in a developed urban area and there are no scenic vistas within or adjacent to the project site. b) No Impact. The proposed project would not substantially damage any scenic resources such as trees, rock outcroppings, or historic buildings. c) No impact. The proposed project would result in an improvement to the aesthetics of the project site and would not degrade the existing visual character of the surroundings. The proposed convenience store and car wash are designed to be compatible with the community character and provide an aesthetically pleasing appearance. Architectural details enhance the overall design and features such as trellises and lighting provide interest to the exterior wall surfaces. Proposed landscaping will enhance the overall appearance of the site and soften the building edges. d) Less Than Significant Impact. The existing gas station is currently a minor source of light in the area. The proposed convenience store would be larger than the size of the existing convenience store on the site. Lighting on the project site would be developed according to the Diamond Bar Municipal Code, which requires that if a light source is visible from outside the project boundary, shielding would be required to reduce glare so that neither the light Page 17 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration source nor its image from a reflective surface would be directly visible from any point five feet or more beyond the property line. Therefore, compliance with the Municipal Code would ensure that impacts would be less than significant. 3.1.2 CUMULATIVE IMPACTS The proposed project would renovateanexisting gas station; therefore, all permanent aesthetic changes would be visual improvements. All construction -related visual impacts would be temporary and cumulative impacts would be less than significant. 3.1.3 MITIGATION PROGRAM Standard Conditions of Approval SC 3.1-2 All outdoor lighting shall conform to current City of Diamond Bar requirements as specified in Section 22.16.050, Exterior Lighting, of the Municipal Code. Mitigation Measures None required. 3.2 AGRICULTURAL RESOURCES Less Than Potentially Significant Less Than Sianificant With Sianificant No t%doUld Elie' ro ect:� �.� .. ':.+ ,�.!�i�....^Ft, rhe. `.,x�a�� � �}.!.u, , � ,ri:.,' , ,�,,., � . „ �... ,:• ,.' ., a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland ❑ ❑ ❑ N Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a El El ElWilliamson 11 Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in ❑ ❑ ❑ N conversion of Farmland. to non-agricultural use? 3.2.1 AGRICULTURAL RESOURCES ANALYSIS e) No Impact. There are no agricultural activities on or near the proposed project site. The subject site is within an urban area. Existing uses in the area include shopping centers, restaurants, and a gas station. The project would not convert land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, according to 1997 Natural Resource Conservation Service mapping, to non-agricultural uses. f) No Impact The project site is currently zoned C-3 Regional Commercial and would not conflict with agricultural zoning. The project site is not covered by a Williamson Act contract. g) No Impact. The proposed project is within a highly urbanized area and would not impact any agricultural land or farmland. Page 18 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration 3.2.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact agricultural resources. 3.2.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. 3.3 AIR QUALITY Would the` prosect - a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial Less Than Potentially Significant Less Than Sinnificant With Significant No ❑ ❑ ❑ ❑ ❑ 'D ❑ El ❑ ® ❑ ❑ ❑ ® ❑ 3.3.1 AIR QUALITY ANALYSIS. a) No Impact. The proposed project does not involve long-term changes to land use or other growth -inducing actions that could impact compliance with or implementation of the Air Quality Management Plan. b) Less than Significant Impact. Construction activities related to the proposed project would not impact air quality. Maximum construction emissions and the South Coast Air Quality Management District's thresholds for significance for daily emission of pollutants are presented in Table 3.1 below. As shown, the thresholds for maximum daily construction emissions for pollutants are not exceeded and, no mitigation is required. TABLE 3.1 CONSTRUCTION EMISSIONS AND SCAQMD SIGNIFICANCE THRESHOLDS (Pounds/day) page 19 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration After the completion of the construction activities, there would be an increase in emissions from operational activities due to a minor increase in motor vehicle traffic associated with the operation of the service station. However, these impacts would be less than significant, as shown in Table 3.2 below. The emissions estimates were calculated with the California Air Resources Board's URBEMIS 2002 model and the project design specifications. As shown, the thresholds for maximum operational daily emissions for pollutants are not exceeded and no mitigation is required. TABLE 3.2 OPERATIONAL EMISSIONS AND SCAQMD SIGNIFICANCE THRESHOLDS ON A ONE -ACRE SITE (Poundstday) sways}zrt' Pollufattti , POICutan " Carbon Volatile Oxides of Particulate. Monoxide : Organic Nttrogeng —` Oxtdes of Matter Matter Comj�qunrls �NOx)'' Su(fue.,fso) (PM1o) I 4 i. ,.r.,.?,�. ,.. Maximum daily construction 3.73 1.00 22.43 32 6.00 emissions SCAQMD significance 550 55 55 150 SCAQMD significance thresholds for operation thresholds for construction 550 75 100 150 150 Significant? No No 1 No No No Source: Sample Operational Scenarios for Projects Less Than Five Acres in Size, SCAQMD, Feb. 2005. After the completion of the construction activities, there would be an increase in emissions from operational activities due to a minor increase in motor vehicle traffic associated with the operation of the service station. However, these impacts would be less than significant, as shown in Table 3.2 below. The emissions estimates were calculated with the California Air Resources Board's URBEMIS 2002 model and the project design specifications. As shown, the thresholds for maximum operational daily emissions for pollutants are not exceeded and no mitigation is required. TABLE 3.2 OPERATIONAL EMISSIONS AND SCAQMD SIGNIFICANCE THRESHOLDS ON A ONE -ACRE SITE (Poundstday) sways}zrt' , POICutan " U c;�'Gidt g NI1trtirt Carbon °r t (rParticutate ��fr�in, Nlunox)de kU ++ Organic k+Compoupas Nifro en y}tkOktles Lg y of i a Sulfur (SOx) Matter i. ,.r.,.?,�. ,.. Total Project Emissions 335.20 23.48 31.70 0.31 28.45 SCAQMD significance 550 55 55 150 150 thresholds for operation Significant? No No No No No Source: Sample Operational Scenarios for Projects Less Than Five Acres in Size, SCAQMD, Feb. 2005. c) Less Than Significant Impact. As discussed in (b) above, the pollutant load generated by the construction and operation of the proposed project is well below the threshold for significance for all pollutants. Therefore, neither the construction nor the operation of the proposed project would result in cumulatively considerable net increases of criteria pollutants. d) Less Than Significant with Mitigation. Although fugitive dust emissions from construction activities would be well below SCAQMD emission thresholds, compliance with South Coast Air Quality Management District Rule 403, which would reduce PM10 and PM2,5 emissions, would protect nearby sensitive uses such as the Montessori School from exposure to fine particulates. Rule 403 requirements include the following measures: demolition debris will be watered as frequently as necessary to prevent fugitive dust, all stockpiles will be covered with tarps, and all truckloads of soil and debris will be securely covered with tarps before traveling on streets and highways. Page 20 of 51 150 Diamond Bar Blvd Mitigated Negative Declaration The proposed construction of five new pump islands on the site replaces the existing four islands. Because gasoline vapors are composed of VOCs that contain toxic air compounds, the operation of the gas station has the potential to impact nearby sensitive receptors. SCAQMD Rules 201 and 203 require a permit to construct and operate gas stations. In addition, SCAQMD Rule 1401 "New Source Review of Toxic Air Contaminants" requires the health risk assessment be performed for the gas station before the SCAQMD issues a permit for construction and operation of the gas station. A project mitigation measure requires the applicant/developer to provide proof of the permit before issuance of a building permit by the City. e) Less than Significant lmpacL Odors may result during construction from diesel particulate emissions from some construction equipment and trucks. However, these odors would be short-term (only during construction activities) and would only be generated during the daytime and weekday hours of operation. The long-term operation of the project would only generate a small amount of odor that may be detected by the individual filling his or her vehicle. 3.3.2 MITIGATION PROGRAM Standard Conditions of Approval SC 3.3-1 The following measures should be implemented during demolition and construction activities, consistent with South Coast Air Quality Management District Rule 403 in order to reduce PM10 and PM2.5 emissions: • Water exposed surfaces frequently (as necessary) to prevent fugitive dust ®Cover all stockpiles of soil/fill with tarps • Cover loads of soil/fill on trucks hauling dirt. SC 3.3-2 Before issuance of a building permit for the project, a permit from the SCAQMD, per Rules 201 and 203, to construct and operate gas stations shall be obtained. Pana 21 of 57 Less Than 3.4 BIOLOGICAL RESOURCES Potentially Significant Less Than No Significant With Significant Impact Mitigation Impact Impact t a) Have a substantial adverse effect, either directly or through habitat modification, 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 or U.S. Fish and Wildlife Service? 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 California ❑ ❑ ❑ Department of Fish and Game or U.S. Fish and Wildlife Pana 21 of 57 150 Diamond Bar Blvd. Mitigated Negative Declaration Less Than 3.4 BIOLOGICAL RESOURCES Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, ❑ ❑ ❑ 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 or migratory wildlife ❑ ❑ ❑ corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy ❑ ❑ �( or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation ❑ ❑ ❑ Plan, or other approved local, regional, or state habitat 3.4.1 BIOLOGICAL RESOURCES ANALYSIS a) No Impact. The proposed project site is fully developed with an existing gas station. There would be no impacts—either directly or through habitat modification --on any candidate, sensitive, or special status species identified by the local, regional, state, or federal government. b) No Impact. No riparian or other special status natural communities occur within the proposed project boundaries. c) No Impact. The project site does not contain wetlands d) No Impact. The project site is located within a fully urbanized area adjacent to a major freeway and does not serve as a migratory corridor for wildlife. e) No Impact. Tree preservation and protection are regulated by the City of Diamond Bar Municipal Code, Chapter 22.38. Under this ordinance, damage to protected trees such a native oak, walnut, sycamore and willow trees is prohibited. There are no protected trees on the site. f) No Impact. The project site does not fall within the boundaries of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 3.4.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts to biological resources. The project would be constructed on an existing commercial site with no sensitive biological resources. Page 22 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration Mitigation Measures None required. Less Than potentially Significant Less Than 3.5 CULTURAL RESOURCES Significant With Significant No Impact Mitigation Impact Im act WOuldTIO ro'ect, a) Cause a substantial adverse change in the significance ❑ ❑ a of a historical resource as defined in §15064.5? b) Cause a substantial adverse change in the significance ❑ ® ❑ ❑ of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological ❑ ® ❑ ❑ resource or site or unique geologic feature? d) Disturb any human resources, including those interred ❑ ® ❑ ❑ outside of formal cemeteries? 3.5.1 CULTURAL RESOURCES ANALYSIS a) Less Than Significant Impact. The existing structure on the project site was built in 1987. Because the building on the site that is not over 50 years old, it does not meet the commonly accepted threshold for requiring an evaluation of historical significance.. In addition, the proposed existing gas station structure does not display an exceptional architecture style and does not have any known cultural significance to the larger community, potential impacts to historical resources would be less than significant. b) Less Than Significant With Mitigation. The proposed project is located on the site of existing commercial development that has been fully graded. The proposed project would involve minimal site grading and installation of underground tanks in a new location on the site. Therefore impacts to archaeological. resources are unlikely. However, there is a remote possibility that grading operations could impact unknown archaeological resources. Therefore, in order to ensure that impacts would be less than significant, if any archaeological resources are encountered during grading, all grading activities would be suspended and the resource would be left in place until a qualified archaeologist, could examine them and determine appropriate mitigation measures. c) Less Than Significant With Mitigation. The proposed project would involve minimal grading activities and a small amount of excavation for installation of the underground storage tanks in a new location on the site. As with archeological impacts, any paleontological resources that were under the project site would have been discovered and mitigated for during the initial grading of the site. Only superficial grading would be needed for the development of the proposed project and grading would not be deep enough to encounter and paleontological resources. Therefore, the proposed project would not be expected to adversely affect any paleontological resources. d) Less Than Significant with Mitigation. As previously discussed, grading activities, except for the grading for installation of the underground storage tanks, would be superficial and would occur on previously graded areas. Therefore, construction of the proposed project would not be expected to adversely affect any human resources, including those interred outside of formal cemeteries. There is a remote possibility that grading operations Page 23 of 51 150 Diamond Bar Blvd, Mitigated Negative Declaration could impact unknown human resources. Therefore, in order to ensure that impacts would be less than significant, if any human remains are discovered during grading activities, construction activity in the area of the find will halt and the Los Angeles County coroner will be notified. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation. 3.5.2 CUMULATIVE IMPACTS - The proposed project would not result in cumulative impacts to any historic, archeological, or paleontological resources. All potential direct impacts would be fully mitigated through the implementation of the Mitigation Program; therefore, no cumulative impacts would occur. 3.5.3 MITIGATION PROGRAM Standard Conditions of Approval None Mitigation Measures MM 3.5-1 If during grading archaeological resources are encountered, construction activities in the area of the find must be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. MM 3.5-2 If during grading paleontological resources are encountered, construction activities in the area of the find must be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. MM 3.5-3 If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Los Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation. Page 24 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration 3.6 GEOLOGY AND SOILS Woulclthe' ro'ect: 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 Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the, area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. it) Strong seismic ground shaking? it!) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 3.6.1 GEOLOGY AND SOILS ANALYSIS a) Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impa ❑ ❑ - ❑ 0 ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ N ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ i) No impact. According to the California Geological Survey, the City of Diamond Bar is not affected by an Alquist-Priolo Earthquake Fault Zone (APEFZ) (CGS website, accessed August 6, 2005)_ No active faults are known to traverse the project site. ii) Less Than Significant impact. The majority of the State of California, including the proposed project site, lies within Seismic Zone 4, the highest -level hazard zone designated by the current Uniform Building Code (UBC). The City of Diamond Bar Building Code incorporates UBC and the California Building Code, or CBC, for projects where each applies. implementation of these design standards results in increased resistance to earthquakes; however, in the event' of a major seismic event, no structure is completely safe from damage. Nevertheless, construction performed in accordance with the applicable standards and codes would ensure that impacts related to ground - shaking would be less than significant. Page 25 of 51 150 Diamond Bar Blvd, Mitigated Negative Declaration iii) Less Than Significant Impact. The proposed project area is surrounded by previously stabilized, level terrain that has already accommodates commercial development. Soils under the project site were previously mitigated to the extent necessary to safely accommodate the development of the site. Most of the 1 construction activities would take place on existing building footprints. Given that the site is already developed and the proposed project would not require substantial grading, the potential for seismically - related liquefaction is less than significant: - iv) Less Than Significant impact. As mentioned above, the proposed project area is surrounded by previously stabilized, level terrain that has already been fully developed. The potential for seismically -related landslides is less than significant. b) Less Than Significant Impact. The largest source of erosion, particularly in an urban environment, is uncontrolled drainage during construction. Erosion potential during construction would be managed to the maximum extent practicable with Best Management Practices (BMPs). As discussed in Section 3.8 Hydrology and Water Quality, the proposed project is required to be covered under the National Pollutant Discharge Elimination System (NPDES) General Construction permit; therefore construction BMPs would be implemented on the project site during demolition and construction activities to minimize erosion impacts. Implementation of the construction -related BMPs would reduce potential construction - related impacts to the maximum extent feasible. The operation of the project site would not cause the loss of topsoil or erosion because the site would be entirely paved with impervious surfaces. c) Less Than Significant Impact. As described above, the proposed project is located on a site that is already developed. Soils under the project site were previously mitigated to the extent necessary to safely accommodate the development of the site. Therefore, the proposed project would result in less than significant impacts related to development on an unstable soil unit. d) Less Than Significant Impact. As described above, the project site is stable and already developed. Soils under the project site were previously mitigated to the extent necessary to safely accommodate the development of the site and it is assumed that any danger posed by expansive soils was addressed in the initial development. Therefore, potential impacts from expansive soils would be less than significant. e) No Impact. The project would be served by the public sewer system, thus there is no impact on soils inadequately capable of supporting the use of septic tanks or alternative waste water disposal systems. 3.6.2 CUMULATIVE IMPACT Generally, geotechnical issues are site-specific and are usually limited to areas within the development boundaries of the project site. Any incremental contribution of the proposed project to soils and geological impacts is not considered cumulatively considerable because: development of the project site would comply with the applicable requirements of the Uniform Building Code and the mitigation requirements identified below would be implemented. These requirements would avoid any cumulative geotechnical impacts that may occur on the site. Page 26 of 51 - ISO Diamond Bar Blvd. Mitigated Negative Declaration 3.6.3 MITIGATION PROGRAM Standard Conditions of Approval SC 3.6-1 All structures shall conform to the City of Diamond Bar's Building Code, which incorporates UBC and the California Building Code requirements. SC 3.8-1 Prior to the issuance of a grading permit for construction of the proposed project, the project applicant shall obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. Pursuant to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. (Repeat of Standard Condition from Section 3.8) Mitigation Measures None required. Less Than Potentially Significant Less Than 3.7 H,gZARDSlHAZARDOUS MATERIALS Significant With significant No Impact Mitigation Impact Impact s ., -t �L�a`4_.n,� i fS 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 ® El through reasonably foreseeable upset and F-1El accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or ❑ ® El hazardous materials, substances, or waste FI within one -quarter -mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to ❑ Government Code Section 65962.5 and, as a result, ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two El 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? I) For a project within the vicinity of a private airstrip, would ❑ the project result in a safety hazard for people residing ❑ nrwnrkina in the project area? Pane 27 of 51 750 Diamond Bar Blvd. Mitigated Negative Declaration 3.7.1 HAZARDS AND HAZARDOUS MATERIALS ANALYSIS a) Less Than Significant With Mitigation. The proposed project would not involve the routine transport, use, or disposal of hazardous materials. Demolition activities for the proposed project site include the removal of one existing building that does not contain hazardous substances. However, demolition debris from the removal of the existing building, which was constructed in 1987, has the potential to contain lead-based paint and/or asbestos. If these materials are present, then demolition activities on the project site would disturb these hazardous substances, and potentially detach them from the surface of the structure and expose workers and/or residents to .these materials. Additionally, transporting these materials off-site to an appropriate hazardous waste handling facility could result in the dispersal of these materials. However, the risks associated with demolition activities and the transport of hazardous materials are adequately addressed by existing federal and state laws. In order to minimize the potential impacts of demolition activities on the health of construction workers, the California Code of Regulations, Title 8, California Occupational Safety and Health Administration (Cal/OSHA) developed safety and health management standards to minimize workplace hazards. Chapter 4 Division of Industry Standards, Subchapter 4. Construction and Safety Orders, Article 4, describes regulations relating to dust, fumes, mists, vapors, and gases. Section 1529 details the requirements for construction and demolition activities as they relate to asbestos and Section 1532.1 presents the requirements related to the handling of materials containing lead. The South Coast Air Quality Management District (SCAQMD) regulates. demolition and construction activities that may release asbestos into the air. Rule 1403 specifies procedures and requirements for asbestos surveying, notification, removal, handling and clean-up procedures, and storage, disposal and landfilling requirements. Compliance with these SCAQMD requirements would reduce potential exposure impacts to less than significant - The Hazardous Materials Transportation Act administered by the U.S. Department of Transportation governs the transport of hazardous materials. The California Department of Transportation (Caltrans) implements the federal regulations published as the Code of Federal Regulations (CFR), Title 49, known as the Hazardous Materials Transportation Act. These laws regulate the handling and transport of hazardous waste materials. With the inclusion of the mitigation program below, the potential impact associated with demolition activities and the short-term transport of hazardous waste materials from the project site would be less than significant. Hage Zd of bl Less Than 3.7 HAZARDS/HAZARDOUS MATERIALS Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impa Would the project: g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency ❑ ❑ ❑ evacuation plan? h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where are adjacent to urbanized areas or where ❑ Elwildlands residences are intermixed with wildlands? 3.7.1 HAZARDS AND HAZARDOUS MATERIALS ANALYSIS a) Less Than Significant With Mitigation. The proposed project would not involve the routine transport, use, or disposal of hazardous materials. Demolition activities for the proposed project site include the removal of one existing building that does not contain hazardous substances. However, demolition debris from the removal of the existing building, which was constructed in 1987, has the potential to contain lead-based paint and/or asbestos. If these materials are present, then demolition activities on the project site would disturb these hazardous substances, and potentially detach them from the surface of the structure and expose workers and/or residents to .these materials. Additionally, transporting these materials off-site to an appropriate hazardous waste handling facility could result in the dispersal of these materials. However, the risks associated with demolition activities and the transport of hazardous materials are adequately addressed by existing federal and state laws. In order to minimize the potential impacts of demolition activities on the health of construction workers, the California Code of Regulations, Title 8, California Occupational Safety and Health Administration (Cal/OSHA) developed safety and health management standards to minimize workplace hazards. Chapter 4 Division of Industry Standards, Subchapter 4. Construction and Safety Orders, Article 4, describes regulations relating to dust, fumes, mists, vapors, and gases. Section 1529 details the requirements for construction and demolition activities as they relate to asbestos and Section 1532.1 presents the requirements related to the handling of materials containing lead. The South Coast Air Quality Management District (SCAQMD) regulates. demolition and construction activities that may release asbestos into the air. Rule 1403 specifies procedures and requirements for asbestos surveying, notification, removal, handling and clean-up procedures, and storage, disposal and landfilling requirements. Compliance with these SCAQMD requirements would reduce potential exposure impacts to less than significant - The Hazardous Materials Transportation Act administered by the U.S. Department of Transportation governs the transport of hazardous materials. The California Department of Transportation (Caltrans) implements the federal regulations published as the Code of Federal Regulations (CFR), Title 49, known as the Hazardous Materials Transportation Act. These laws regulate the handling and transport of hazardous waste materials. With the inclusion of the mitigation program below, the potential impact associated with demolition activities and the short-term transport of hazardous waste materials from the project site would be less than significant. Hage Zd of bl 150 Diamond Bar Blvd. Mitigated Negative Declaration Removal of the three existing underground fuel storage tanks has the potential to result in the release and exposure of hazardous materials. However, local, state and federal laws regulate the removal of underground storage tanks and any leakage from the tanks is required to be remediated. The Underground Storage Tank (UST) Program of the County of Los Angeles Department of Public Works, Environmental Programs Division (DPW EPD) permits and inspects underground storage tanks within the City of Diamond Bar. Los Angeles County Code Title 11, Div. 4 established the underground storage tank program in Los Angeles County in 1983, which regulates the installation and removal of underground storage tanks according to State (California Health & Safety Code, Div. 20, Ch. 6.7 & 6.75; and California Code of Regulations, Title 23, Ch. 16 & 18) and Federal law (Title 40 Code of Federal Regulations, Part 280). The Los Angeles County Underground Storage Tank Program requires that UST ownersloperators install and remove USTs in compliance with all local, state and federal requirements. In cases where an UST is being removed, a soil sample test is required by the LACFD and if contamination if discovered, the site is required to be remediated according federal, state and local law. Before issuance of a grading permit, the applicant will be required to show that all necessary permits are obtained relating to removal of USTs. Except for the gas stations, the operational characteristics of the project site would not include activities that involve hazardous wastes or materials. In terms of transporting gasoline, refueling gas pumps and site operations, gas stations are regulated by state and federal laws and the project is required to be in compliance with these laws. As discussed under air quality impacts, a permit is required to be obtained from the SCAQMD for the construction and operation of the gas station portion of the project. Consequently, the long- term operation of the, project site would not create a hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. b) Less Than Significant Impact. Neither demolition nor construction activities for the proposed project would create a hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The federal and state regulations discussed above and presented in the mitigation program would ensure that demolition activities would not expose people to hazardous substances. Operational activities of the gas station on the project site would involve the use or transport of hazardous substances that are required to be in compliance with state and federal law. Therefore, there the possibility of accidentally releasing hazardous materials into the environment is less than significant. c) Less Than Significant Impact. The only hazardous emissions that would be emitted from the project site would be diesel exhaust from construction equipment and the dispensing of fuel. The dispensing of fuel is subject to all Federal requirements. If asbestos or lead based paint is found in the existing structures, then the hauling of that debris could pose a hazard to nearby sensitive receptors. There are three schools located within one mile of the project site, which are summarized in Table 3.3 below. One of the schools, Diamond Bar Montessori Academy, is located within 0.11 mile of the project site. TABLE 3.3 SCHOOLS WITHIN ONE MILE OF PROJECT SITE Pao. 29 of 51 Diamond Bar Montessori 23555 Palomino Dr. 0.11 mile Academy Diamond Bar, CA Pao. 29 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration a' _School Name Address Protgct ;ate:. ; Mt. Calvary Lutheran School 23300 Golden Springs Dr. 0.44 mile Armstrong Elementary 22750 Beaverhead Dr. School Diamond Bar, CA D.44 mile Lorbeer Middle School 501 S. Diamond Bar. Blvd. 0.50 mile Golden Springs Elementary 245 Ballena Dr. 0.61 mile School Source: Map Quest 2006 However, the schools within the project vicinity would not be exposed to potentially hazardous materials because the demolition activities are short-term and must be conducted according to federal and state regulations regarding demolition activities. Trucks carrying demolition materials would use Diamond Bar Blvd. and the 60 or 57 Freeways and not local streets such as Palomino Dr_ Compliance with applicable regulations for the hauling of hazardous waste, if required, would ensure that impacts to sensitive receptors, including neighboring single family homes and Lorbeer Middle School and Mt. Calvary Lutheran School (which may be along the haul route) would ensure that potential impacts to schools would be less than significant. d) No Impact. The proposed project site is not listed as a hazardous materials site pursuant to Government Code Section 65962.5. e) No Impact. The project is not located within an airport land use plan and is not within a crash hazard zone. f) No Impact. The proposed project is not located in proximity to a private airstrip. g) No Impact. The proposed project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. h) No Impact. The proposed project would not expose people or structures to significant risk involving wildland fires. The proposed project is in an urban environment and not adjacent to open space or wildland areas. 3.7.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts for hazards and hazardous materials. None of the projects listed in Table 2.2 in Section 2.4 - Related Projects, would involve the demolition of structures in the vicinity of the project site or would be using the same haul route as the proposed project. All potential direct impacts would be fully mitigated with implementation of the mitigation program. 3.7.3 MITIGATION PROGRAM Standard Conditions of Approval SC 3.7-1 If hazardous materials are present in construction debris, then any and all hazardous waste materials shall be transported off-site by a properly licensed hazardous waste hauler, who must be in compliance with the Department of Transportation regulations under Title 49 CFR 171-179 and under 40 CFR 263 (Subtitle C of RCRA). Page 30 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration SC 3.7-2 If hazardous materials are present in construction debris, then demolition activities shall be performed in compliance with all applicable federal and state regulations, including Cal/OSHA and SCAQMD Rule 1403 regulations and procedures. SC 3.7-3 Before issuance of a demolition permit by the Building and Safety Division, the applicant will be required to notify the SCAQMD regarding the proposed demolition and show proof that all SCAQMD requirements relating to asbestos testing and removal and lead paint removal have been met. SC 3.7-4 Before issuance of a grading permit, the applicant will be required to submit a certificate for underground contamination clearance and proof that all necessary permits are obtained from Los Angeles County Fire Department and Department of Public Works relative to removal and installation of USTs. SC 3.7-5 Before issuance of grading permits, the applicant/developer shall provide a truck route for the operation of trucks carrying demolition material that avoids all local streets including Palomino Drive. Mitigation Measures None. Less Than 3.8 HYDROLOGY AND WATER QUALITY Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Wouldthe, a) Violate any wafer quality standards or waste discharge ❑ El ® ❑ requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of ® El local groundwater table level (e.g., the production ❑ El rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been ranted? 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 i substantial erosion or siltation onsite or offsite? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a ® El or river, or substantially increase the rate or El❑ amounI of surface runoff in a manner that would result in flooding onsite or offsite? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage❑ ❑ ® El systems or provide substantial additional sources of pollutant runoff? f) Otherwise substantially degrade water quality? ❑ El El Page 31 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration 3.8 HYDROLOGY AND WATER QUALITY Potentially Significant Impact Less Than Significant With Mitigation Less Than Significant Impact No Impa Would the protect ? .1 ffi F ti g) Place housing within a 100 -year flood hazard area as - - - — mapped on a federal Flood Hazard Boundary or Flood Rate Map or other flood hazard delineation ❑ ElInsurance El map? h) Place within a 100 -year flood hazard area structures would impede or redirect flood flows? El E] 1771which i) Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a ❑ ❑ ❑ result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? r-1 r1 n IVI 3.8.1 HYDROLOGY AND WATER QUALITY ANALYSIS a) Less Than Significant impact. Demolition and construction activities on the site have the potential to contribute sediment -laden runoff and pollutants from earth disturbance and heavy equipment leaks into the storm sewer system during rain events. The State Water Resources Control Board (SWRCB), Division of Water Quality issues NPDES stormwater permit for general construction activities. The Los Angeles Regional Water Quality Control Board (LARWQCB) enforces the NPDES program for the State of California within its jurisdiction, which includes the City of Diamond Bar. Dischargers whose projects disturb one or more acres of soil are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 99-08-DWQ). Coverage under the Construction General Permit is accomplished by completing and filing a Notice of Intent with the SWRCB and by preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to grading. The primary objective of the SWPPP is to identify, construct, implement, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in stormwater discharges from the construction site. The SWPPP must include BMPs the discharger would use to protect storm water runoff during construction and the placement of those BMPs. Additionally, a SWPPP must include a site map, a visual monitoring program, and a chemical monitoring program for "non-visible" pollutants to be implemented if there is a failure of a BMP. BMPs most often used during construction activities include surrounding the construction site with sand bags and/or silt fencing to minimize sediment -laden runoff from entering the storm drain system, temporary desilting basins, and timing the grading activities to avoid the rainy season. Appropriate BMPs would be applied during grading and construction activities, which would ensure that short-term construction -related water quality impacts would be less than significant. Operational activities on the site would not violate water quality standards. The use of pesticides/herbicides on landscaping would be minimal and comparable to existing amounts. Because the proposed project involves the construction of a carwash and reconstruction of the convenience store, gas pumps and canopy, it is subject to the requirements of the Standard Urban Storm Water Mitigation Plan (SUSMP). Best management practices (BMPs) are required to be incorporated into the project plans for both construction and post -construction activities in compliance with the National Pollution Page 32 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration Discharge Elimination System (NPDES) regulations. A standard condition of approval will require the developerlapplicant to submit a SUSMP reporYplan for review and approval before issuance of building permits. b) Less than Significant Impact. The proposed project would not significantly impact groundwater supplies or interfere with groundwater recharge. Potable water would be supplied by the Walnut Valley Water District. The District provides water service to the City. The District purchases imported water from the Three Valleys Municipal Water District, a member agency of the Metropolitan Water District of Southern California (MWD). The District is completely dependent on imported water and obtains this water almost entirely from MWD; therefore, impacts to groundwater would be less than significant. Potable groundwater is not available within the Districts boundaries. This project design would result in a very small increase in impervious surface on the site. A new convenience store and carwash building and canopy would be built on the site after demolition of existing building and canopy for a total increase in floor area of approximately 2700 square feet of floor area. This change in impervious cover is not significant, as the footprint of the new building represents less than 6 percent of the total site area. Therefore, project would not create substantial amounts of impervious surfaces that could impact the amount of groundwater recharge in the project area and potential impacts would be less than significant. c) Less than Significant impact. Runoff from the project site is currently accommodated through the storm drain system maintained by the Los Angeles County Flood Control District. The proposed project would be subject to NPDES requirements as stated in a above. d) Less than Significant Impact. As previously discussed, this project design would result in a very small increase in impervious surface on the site. An additional 2911 square feet of floor area would result in new impervious cover that represents less than 8 percent of the total site area. Furthermore, the project design contains new landscape areas. Additional new landscaping elements would negate the increase in impervious surface. Therefore, stormwater runoff amounts and rates would not be increased significantly. e) Less than Significant Impact. As mentioned in 3.8.1.(b) and (d) above, the proposed project would not significantly increase the amount of impervious cover on the project site, thus there would not be a significant change to the amount of stormwater entering the storm drain system. The capacity of the stormwater drainage system would not be impacted by the proposed project. f) Less Than Significant impact. As previously discussed, compliance with NPDES permit requirements, including the development of a SWPPP and implementation of BMPs, would ensure that construction activities would not degrade water quality. Operational activities on the site would increase the amount of commercial uses on the site, thereby potentially increasing the amount of vehicle traffic that would visit the site. However, the project is subject to SUSMP requirements for additional BMPs for water quality. Therefore, potential water quality impacts would be less than significant. g) No Impact. The project would not place housing within a 100 -year flood plain, as mapped by on a Federal Flood Hazard Boundary or Flood Insurance Rate Map, or other flood hazard delineation map. page 33 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration h) No Impact. The proposed project would not place structures within a 100 -year flood hazard area or impede or redirect flows within a 100 -year floodplain. I) No Impact. The project would not expose people or buildings to any risk of flooding. j) No Impact. The proposed project would not expose people or structures to inundation by seiche, tsunami, or mudflow. Theprojectsite is not adjacent to -a reservoir or lake that could experience seiche during ground -shaking events. The project site is located over 25 miles from the ocean and would not be in danger from a tsunami event. The project is located on relatively level ground and would not expose people or structures to a significant risk involving mudslides. 3.8.2 CUMULATIVE IMPACTS The project would not result in cumulatively considerable impacts related to hydrology or water quality. Potential water quality impacts associated with construction activities would be mitigated through the use of BMPs, pursuant to coverage under the NPDES permits for construction and operation of the gas station. Additionally, operational water quality impacts from the proposed project would be less than significant. Because the project would be generating only minimal amounts of additional pollutants attributable to additional vehicle trips to the site, cumulative hydrology impacts would not be cumulatively considerable. 3.8.3 MITIGATION PROGRAM Standard Conditions of Approval SC 3.8-1 Prior to the issuance of a grading permit for construction of the proposed project, the project applicant shall provide proof of obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. Pursuant to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. SC 3.8-2 A SUSMP report/plan is required to be submitted for review and approval to the Building and Safety Division of the City of Diamond Bar before issuance of building permits. Standard Urban Storm Water Mitigation Plan (SUSMP). Best management practices (BMPs) are required to be incorporated into the project plans for both construction and post -construction activities in compliance with the National Pollution Discharge Elimination System (NPDES) regulations. Mitigation Measures None required. rage 34 of 51 950 Diamond Bar Blvd. Mitigated Negative Declaration 3.9.1 LAND USE AND PLANNING ANALYSIS a) No Impact. The proposed project would renovate existing facilities and construct new facilities slightly expanding the project floor area by 2700 square feet. Except for the carwash, no new land uses are proposed. The project would not divide an established community. b) Less Than Significant Impact. In accordance with Chapter 22 of the CityofDiamond Bar Development Code, the project applicant has requested the following approvals: ® Conditional Use Permit No. 2006-02 and Development Review 2006-05 Conditional Use Permit (CUP) and a Development Review are required for the demolition and reconstruction of the canopies, gas pumps, convenience store increasing the floor area by approximately 2000 square feet and addition of a g00 -square -foot carwash. The conditional use permit will be approved, with or without conditions, only if all of the following findings can be made: (1) 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 this development code and the Municipal Code; (2) The proposed use is consistent with the general plan and any applicable specific plan; (3) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; (4) 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; (5) 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; and n.,-- ar o1`.51 Less Than 3.9 LAND USE AND PLANNING Potentially Significant Significant With Less Than Significant Impact Mitigation Impact Would.3t i : `Lectt El171 a) Physically divide an established community? El b) Conflict with any applicable land use plan, policy, or with jurisdiction over the project regulation of an agency but not limited to the general plan, specific El 11(including, plan, local coastal program, or zoning ordinance) adopted an environmental for the purpose of avoiding or mitigating effect? c) Conflict with any applicable habitat conservation plan or ❑ ❑ ❑ 3.9.1 LAND USE AND PLANNING ANALYSIS a) No Impact. The proposed project would renovate existing facilities and construct new facilities slightly expanding the project floor area by 2700 square feet. Except for the carwash, no new land uses are proposed. The project would not divide an established community. b) Less Than Significant Impact. In accordance with Chapter 22 of the CityofDiamond Bar Development Code, the project applicant has requested the following approvals: ® Conditional Use Permit No. 2006-02 and Development Review 2006-05 Conditional Use Permit (CUP) and a Development Review are required for the demolition and reconstruction of the canopies, gas pumps, convenience store increasing the floor area by approximately 2000 square feet and addition of a g00 -square -foot carwash. The conditional use permit will be approved, with or without conditions, only if all of the following findings can be made: (1) 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 this development code and the Municipal Code; (2) The proposed use is consistent with the general plan and any applicable specific plan; (3) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; (4) 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; (5) 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; and n.,-- ar o1`.51 150 Diamond Bar Blvd. Mitigated Negative Declaration (6) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). A development review application would be approved only if the following findings are made: (1) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan; (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; (5) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and (6) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Comprehensive Sign Plan No. 2006-01 The project requires approval of a comprehensive sign program for wall signs and monument signs. The comprehensive sign program (CSP) would be approved if it meets the following findings: a. The CSP satisfies the purpose of this chapter and the intent of this section; b. The signs enhance the overall development, are in harmony with, and are Visually related to other signs included in the CSP and to the structure and/or uses they identify, and to surrounding development; c_ The CSP accommodates future revisions that may be required due to changes in uses or tenants; and d. The CSP complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter. After approval of the following actions by the City of Diamond Bar, the development of the proposed project would be in compliance with all applicable City of Diamond Bar plans, policies, and regulations. Impacts to land use would be less than significant. Page 36 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration c) No Impact. The proposed project site is not located within any habitat conservation plan or within a natural community conservation plan. 3.9.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact land use or planning. 3.9.3 MITIGATION PROGRAM Standard Conditions of Approval SC 3.9-1 In accordance with Chapter 22 of the City of Diamond Bar Municipal Code, the applicable reviewing agency within the City of Diamond Bar will review the projects application for Conditional Use Permit 2006-02, Development Review 2006-05, and Comprehensive Sign Program CSP 2006-01 and ensure that the project is in compliance with all applicable City of Diamond Bar plans, policies, and regulations_ Mitigation Measures None required. 3.10.1 MINERAL RESOURCES ANALYSIS a) No Impact. The proposed project would not involve the development of land that could potentially result in the loss of a known mineral resource of value to the region or the state. b) No Impact. The project site is not designated as a locally important mineral resource recovery site in the General Plan: 3.10.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact mineral resources. 3.10.3 MITIGATION PROGRAM Standard Conditions of Approval None. Less Than Potentially- Significant Less Than 3.10 MINERAL RESOURCES Significant With. Significant No Impact Mitigation Impact Impar S to 3'! i:; 4 '. ,FH q }kR 1 LP. i 'x J i tT ES t - ' i71c�flle ;17VOResult in the loss of availability ❑ ❑ Ellue a) resource that would beofto the region and the residents of the state? Result in the loss of availability of a locally -important ❑ ❑ b) site delineated on a local mineral resource recovery —i .,ice., —rffir nlan. or other land use Ian? 3.10.1 MINERAL RESOURCES ANALYSIS a) No Impact. The proposed project would not involve the development of land that could potentially result in the loss of a known mineral resource of value to the region or the state. b) No Impact. The project site is not designated as a locally important mineral resource recovery site in the General Plan: 3.10.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact mineral resources. 3.10.3 MITIGATION PROGRAM Standard Conditions of Approval None. 950 Diamond Bar Blvd. Mitigated Negative Declaration Mitigation Measures None required_ 3.11.1 NOISE ANALYSIS a) Less Than Significant With Mitigation. The construction process would generate 'noise, primarily during demolition and material removal. The City of Diamond Bar City Code (DBCC) Chapter 8.12 Division 3, Section 8.12.720 prohibits construction -related noise between the hours of 7:00 p.m. and 7:00 a.m. Noise from the short-term (less than ten days) operation of mobile construction equipment may not exceed a maximum of 85 dB. Additionally, all mobile or stationary internal -combustion -engine powered equipment or machinery must be equipped with suitable exhaust and air-intake silencers in proper working order. Additionally, the addition of the carwash may result in higher levels of ambient noise during normal operation. Under DBCC Section 8.12.530, the exterior noise level for commercial properties is limited to 60 decibels (dB) during the daytime hours of 7:00 a.m. to 10:00 p.m. and 55 dB during the nighttime hours of 10:00 p.m. to 7:00 a.m. The proposed project site is located on a commercial property and is not adjacent to 'a residential property. However, noise generated from the operation of the carwash may exceed the noise limits. Therefore, a mitigation measure has been added that requires the applicant/developer to conduct a noise study showing proof that the carwash noise will not exceed the code maximum or provide proof otherwise such as manufacturer's specifications. Page 38 of 51 Less Than 3.11 NOISE Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact L Wduld the ro ect result m ~ , l ., a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan El® Elor El noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive El El ® 11groundborne vibration or groundbome noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the ❑ ❑ ❑ project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing ❑ ® ❑ ❑ without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project ❑ ❑ ❑ 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 ❑ ❑ ❑ 3.11.1 NOISE ANALYSIS a) Less Than Significant With Mitigation. The construction process would generate 'noise, primarily during demolition and material removal. The City of Diamond Bar City Code (DBCC) Chapter 8.12 Division 3, Section 8.12.720 prohibits construction -related noise between the hours of 7:00 p.m. and 7:00 a.m. Noise from the short-term (less than ten days) operation of mobile construction equipment may not exceed a maximum of 85 dB. Additionally, all mobile or stationary internal -combustion -engine powered equipment or machinery must be equipped with suitable exhaust and air-intake silencers in proper working order. Additionally, the addition of the carwash may result in higher levels of ambient noise during normal operation. Under DBCC Section 8.12.530, the exterior noise level for commercial properties is limited to 60 decibels (dB) during the daytime hours of 7:00 a.m. to 10:00 p.m. and 55 dB during the nighttime hours of 10:00 p.m. to 7:00 a.m. The proposed project site is located on a commercial property and is not adjacent to 'a residential property. However, noise generated from the operation of the carwash may exceed the noise limits. Therefore, a mitigation measure has been added that requires the applicant/developer to conduct a noise study showing proof that the carwash noise will not exceed the code maximum or provide proof otherwise such as manufacturer's specifications. Page 38 of 51 950 Diamond Bar Blvd. Mitigated Negative Declaration r grading activities have the potential to b) Less Than Significant Impact. Demolition and/o create groundborne vibration and/or groundborne noise levels. However, grading activities on the site would be minimal because the site area is less than one acre. Any impacts would be temporary and of minimal duration. Additionally, implementation of the mitigation program would restrict these activities to daytime hours that are more restrictive than the City Code. c) Less Than Significant impact. The operation of the proposed project would be the same as the current condition, although there would be slightly more commercial space and the addition of the carwash. More commercial space would contribute to very minor increase in ambient noise level from a minor increase in activity and traffic. Increases in vehicular traffic noise would be predominantly during daytime hours and would not be enough to significantly impact adjacent land uses. The addition of the carwash may result in an increase in ambient noise levels at the project site. However, a mitigation measure has been added that requires the applicant/developer, before issuance of a grading permit, to conduct a noise study showing proof that the carwash noise will not exceed the code maximum or otherwise provide proof such as manufacturer's specifications. d) Less Than Significant With Mitigation. Construction activities would require the use of large trucks to haul off demolition debris and bring construction materials to the site, which would contribute to ambient noise in the project area. The truck noise would be temporary and sporadically distributed throughout the construction activities and would be limited to between the hours of 7 a.m. to 8:00 p.m. daily except Sundays and legal holidays. Operation of the carwash would be limited to between the hours of 7:00 a.m. and 8:00 P.M. Before development of the site, the developer/applicant will be required to show proof that the carwash will not exceed the maximum dBA through a noise study or other proof such a manufacturer's specifications. c) No Impact. The proposed project is not located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport_ d) No impact. The proposed project is not within the vicinity of a private airstrip. 3.11.2 CUMULATIVE IMPACTS The proposed project would contribute construction noise to the ambient sounds of the surrounding area. However, this contribution would not be cumulatively considerable. Peak noise periods would be short-term and of minimal duration. Additionally, the project noise levels would not be substantially increased by the construction activities of other projects listed in Table 2.2 in Section 2.4- Related Projects due to the distances between sites. Operational ambient noise would also be increased by the proposed project_ However, the minor increase in vehicular traffic noise associated tradevelopments project tswould ed t be ulativel too siderable because e there are no traffic inducing P family neighborhood surrounding the project site. Cumulative impacts would be less than significant. 3.11.3 MITIGATION PROGRAM Standard Conditions of Approval SC 3.11-1 The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBCC. Chapter 8.12. 150 Diamond Bar Blvd. Mitigated Negative Declaration Mitigation Measures MM 3.11-1 Before issuance of building permits, applicant/developer shall submit a noise study to the Planning Division showing that the operation of the carwash will not exceed 60dBA or submit manufacturer's specifications showing that the operation of the carwash will not exceed the maximum 60 dBA during operation. 13.12 POPULATION AND HOUSING Less Than Potentially Significant Less Than Slanificant With Significant No a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and El 11 Elbusinesses) or indirectly (for example, through the extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing ❑ ❑ ❑ elsewhere? c) Displace substantial numbers of people, necessitating the ❑ ❑ ❑ N construction of replacement housing elsewhere? 3.12.1 POPULATION AND HOUSING ANALYSIS a) No Impact: The proposed project would have no impact on population or housing and would not induce population growth. b) No Impact: The proposed project would not eliminate existing housing or necessitating the construction of replacement housing elsewhere. c) No Impact: The proposed project would not displace current residential land uses or cause the development of housing elsewhere. 3.12.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact population and housing. 3.12.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. Page 40 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration Less Than Potentially Significant Less Than 3.13 PUBLIC SERVICES Significant With Significant No Impact Mitigation Impact Inn act ;Would the ro ecti a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: ❑ ❑ ® ❑ Fire protection? ❑ ® ❑ Police protection?ElEl El Schools? ❑ ❑ ❑ Parks? ❑ ❑ ❑ Other public facilities? 3.13.1 PUBLIC SERVICES ANALYSIS a) Fire Protection- Less Than Significant Impact. Because the proposed project would slightly increase the amount of commercial square e at the project site, there would be an .increased need for fire protection alvers services. footag P small and would not result in subs elatly el ' need would be relatively However, this facilities. impacts associated with the provision of new or physically altered fire protection Police Protection- Less Than Significant Impact: Because the proposed project would increase the amount of commercial square footage at the project site, there would be an increased need for police protection services. However, this need would be relatively small and would not result in substantial adverse impacts associated with the provision of new or physically altered police protection facilities. Ili Schools- No Impact: . The proposed project does not involve the development of residential land uses that could require additional school services. The project would not require an increase in school services or resources. Parks- No Impact: Because the project is a commercial development that would not generate an additional need for park facilities, there would be no direct impact on park services. Other Public Facilities- No Impact: 150 Diamond Bar Blvd. Mitigated Negative Declaration No other public facilities would be impacted by the proposed project. 3.13.2 CUMULATIVE IMPACTS The proposed project would require minor increases in fire and police protection services due to the increased square footage associated with the proposed project. However, the property tax generated by the additional square footage would be available to the City of Diamond Bar to compensate for the additional services required. 3.13.3 MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. Less Than 3.14 RECREATION Potentially Significant Less Than Significant With Significant No a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of 11 El El IK the facility would occur or be accelerated? 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 El El 0 3.14.1 RECREATION ANALYSIS a) No Impact. The proposed project would not increase the use of existing park and recreational facilities. b) No Impact. The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that would have an adverse environmental impact. 3.14.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulative impacts on neighborhood or regional recreational facilities. 3.14.3 MITIGATION PROGRAM Standard Conditions of Approval None. Page 42 of 51 150 Diamond Bar Blvd. Mitigated Negative.- egativeDMitigation MitigationMeasures None required. Less Than 3.15 TRANSPORTATIONITRAFFIC Potentially Significant Significant Less Than with Significant No Im act Mitigation Impact Impact g Would the ro eci _ a) Cause an increase in traffic which is substantial in traffic load and capacity of the relation to the existing street system (i.e., result in a substantial increase in ❑ ElEl either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, aleelof the county congestion ❑ El❑ service standard established by agency for designated roads or highways? management c) Result in a change in air traffic patterns, including either levels or change in location that ❑ ❑ ❑ an increase in traffic results in substantial safety risks? d) Substantially increase hazards due to a design feature ❑ ❑ El(e.g., sharp curves or dangerous intersections) or farm equipment)? incompatible uses (e.g., ❑ ❑ e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ g) Conflict with adopted policies, plans, or programs transportation (e.g,, bus turnouts, ❑ ❑ ® ❑ supporting alternative 3.15.1 TRANSPORTATIONITRAFFIC ANALYSIS This analysis presented below is based on the finding of a Traffic Impact Analysis of the proposed Chevron Station renovation project by KHR Associates dated July 31, 2006. The full report is included in Appendix B. a) Less Than Significant impact. Regional access to the project site is provided by the SR 60 (Pomona Freeway) via the interchanges at Diamond Bar Boulevard. Local access to the site is primarily provided by Diamond Bar Boulevard, which runs north -south along the western side of. the project site. The Traffic Impact Analysis considered four nearby intersections that provide the primary regional and local access to the site. These intersections are shown in Figure 3-7 and include the following: 1. Diamond Bar Blvd. at Golden Springs Dr.; 2. Diamond Bar Blvd. at Palomino Dr./Gentle Springs Lane; 3. Diamond Bar Blvd. at EB SR -60 on/off ramps; 4. Diamond Bar Blvd. at WB SR -60 on/off ramps. The Intersection Capacity Utilization (ICU) method was employed to analyze levels of service (LOS). The Highway Capacity Manual (HCM) methodology was used to analyze LOS at unsignalized intersections (project driveways). LOS D is the minimum level generally considered to be acceptable for urban intersections. The City of Diamond Bar's General Plan and Guideline 150 Diamond Bar Blvd. Mitigated Negative Declaration for the Preparation of Traffic Impact Analysis Report (1992) calls for LOS D as the minimum acceptable service level at intersection, while LOS C is the minimum for roadway segments. According to CMP guidelines, the minimum acceptable service level at CMP intersections is LOS E. A project impact would be considered significant if the LOS changed from D or better to an E or F. Table 3.4 below displays the existing levels of service during peak hours at the four intersections in the project study area. - TABLE 3.4 Existing Intersection LOS TABLE 3.5 Existing Driveway LOS �y £ y w zt*' 7, x�� Ff , a'AiVI` eakhour tt r"�'y 'li,w� ,C,o- `` �#M ealt hdUr PM e2 ho�"w A A M "I�InersecUon 1GU�',._:,LOS. '. IGU .. L.OS',; 1. Diamond Bar Blvd./Golden Springs Dr. 0.743 C .903 E 2. Diamond Bar Blvd./Palomino Dr 0.546 A 0.851 D 3. Diamond Bar Blvd.lEB SR -60 on/off ramps 0.630 B 1.284 F 4. Diamond Bar Blvd.M/B SR -60 on/off ramps 0.828 D 0.772 C TABLE 3.5 Existing Driveway LOS �y £ y w zt*' 7, x�� Ff , a'AiVI` eakhour PM e`akC hour s5 1. North driveway on Diamond Bar Blvd. 8.3 A 8.4 A 2. South driveway on Diamond Bar Blvd. 8.3 A 8.5 A 3. West driveway on Palomino Dr. 8.5 A 8.3 A 4. East driveway on Palomino Dr. 8.4 A 8.5 A ® As shown in Tables 3.4 and 3.5 above, most intersections considered in the study currently operate at LOS D or better during peak hours, except for Diamond Bar Blvd./EB SR -60 intersection that operates at LOS F. In order to compare the current service station related traffic to the potential project related traffic, the analysis calculated trip generation estimates. The generation factors and equations used were provided by the Seventh Edition of ITE Trip Generation Manual. The existing trip generation, projected trip generation under the proposed design, and the net difference are summarized in Table 3.6 below. It was estimated that the proposed project would increase the Chevron service station trip generation potential by an additional 19 trips on a daily basis. Page 44 of 51 150 Diamond Bar Blvd. Mitigated Negative Declaration TABLE 3.6 PROJECT TRIP GENERATION Two related projects were identified that had either been built but not yet fully occupied or were in the permitting process at the time of the study. In total, the two related projects included in the Year 2006 Cumulative Base would generate approximately 12 trips during the a.m. peak hour and four during the p.m. peak hour. The impact of cumulative traffic growth (ambient growth plus related projects) and the Chevron service station project at the key intersections is provided in Table 3.7 and Table 3.8 below. A comparison of values in Table 3.8 indicates that when existing plus ambient conditions are compared with existing plus ambient plus project plus cumulative conditions, none of the intersections studied show a significant impact of 0.02 or more for LOS E or F, and the intersection LOS remains the same. Table 3.6 provides 2006 baseline conditions, year 2006 projected conditions with the cumulative traffic increases, year 2006 projected conditions with the cumulative traffic increases and the proposed project, and the ICU increase caused by the proposed project. The impact is deemed significant if there is an increase of at least 0.02 in ICU value for an intersection where the final LOS is E or F. t result in any significant impact in the Year 2006 As shown, the proposed project does no scenario. TABLE 3.7 Increase in VIC & Changes iinnLlO from ient + o eating + Ambient to Existing + TABLE 3.8 INCREASES IN V(E C AGES IN LOT + FROM EXISTING + AMBIENT TO Chevron Gas Station project ligated Negative Declaration i w �� � � y ANlpeak hotjr PQM eak hour ea �� y infe�sectwn + {ncrease ,change.**, ; increase* change 1. Diamond Bar Blvd.lGolden Springs Dr. .000 C .000 E 2. Diamond Bar Blvd./Palomino Dr. - .007 A .000 D 3. Diamond Bar Blvd./EB SR -60 on/off .004 B .000 F ramps 4. Diamond Bar Blvd.MB SR -60 on/off 002 D .001 C ramps 'Volume -to -capacity = intersection capacity utilization "LOS = Level of Service A comparison of values in Table 3.8 indicates that when existing plus ambient conditions are compared with existing plus ambient plus project plus cumulative conditions, none of the intersections studied show a significant impact of 0.02 or higher for LOS E or F, and the intersection LOS remains the same. b) No Impact. None of the study intersections are part of the Congestion Management Program Monitoring System. c) No Impact. The project would not have any impact on air traffic patterns. d) No Impact. The project would not include additions or alterations to the existing streets. The project would result in the closure of one driveway on Palomino Dr. and one driveway on Diamond Bar Blvd. and the relocation and expansion of the driveways away from the intersection that would result in an increase in stacking distance on the roadways. This would result in an increase in the safety of traffic circulation on -to and off of the site. e) No Impact. The proposed project and associated roadway re -striping would be constructed according to City of Diamond Bar and County of Los Angeles requirements for emergency access. t) No Impact. According to the proposed project site plan, a total of 18 parking spaces on the surface lot are proposed for the site. Under the City's parking code (DBCC, Section 23.30.040), a total of 15 parking spaces are required, resulting in an additional two spaces provided on the site. Consequently, on-site parking exceeds the City's minimum requirement and therefore, there would not be an impact on parking. b) No Impact. The project would not have an impact on alterations to alternative transportation policies, plans, or programs. The project would not interfere with existing bus routes, bus turnouts or bicycle racks on or near the site. 3.15.2 CUMULATIVE IMPACTS The proposed project would not have a cumulatively considerable impact on traffic or transportation. Under existing traffic conditions (2006), one of the four intersections studied operate at an adverse service level during either the AM or PM peak hour. When existing plus ambient conditions are with ambient plus project plus cumulative conditions, none of the intersections studied would show a significant impact of 0.02 or higher for LOS E or F. Page 46 of 51 Chevron Gas Station project Screencheck Mitigated Negative Declaration MITIGATION PROGRAM Standard Conditions of Approval None. Mitigation Measures None required. 3.16.1 UTILITIES AND SERVICE SYSTEMS ANALYSIS ter from retail ources and a) No Impact. The proposed project on ami ants orenerate pollutants that exceeds wastewater a caewould not contain treatment requirements. The characteristics and amount of wastewater generated by the proposed project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board. b) less Than Significant Impact. Wastewater generated from the proposed project site is discharged into a local sewer line that connects to the County Sanitation Districts of Los Angeles County's Diamond Bar Trunk Sewer. Wastewater collected from the project site would be treated at the San Jose Creek Water Reclamation Plant (WRP) in unincorporated Los Angeles County. Less Than AND SERVICE SYSTEMS Potentially Significant Less Than With significant No 3.16 UTILITIES significant Impact Mitigation Impact Impact Woujddthe� ro ect � • a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ applicable Regional Water Quality Control Board? b) Require or result in the construction of new water orF]® facilities or expansion of existing El Elwastewater treatment facilities, the construction of which could cause si nifiGant environmental effects? c) Require or result in the construction of new stormwater ❑ ❑ drainage facilities or expansion of existing facilities, the ❑ significant construction of which could cause 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 which serves or may serve the project that it has the projects projected ❑ ❑ ® ❑ inadequate capacity to serve demand in addition to the provider's existing commitments? f) pe served by a landfill with sufficient permitted capacity ❑ ® ❑ ❑ to accommodate the projects solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ ❑ ❑ .•...,aownrs related to solid waste? 3.16.1 UTILITIES AND SERVICE SYSTEMS ANALYSIS ter from retail ources and a) No Impact. The proposed project on ami ants orenerate pollutants that exceeds wastewater a caewould not contain treatment requirements. The characteristics and amount of wastewater generated by the proposed project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board. b) less Than Significant Impact. Wastewater generated from the proposed project site is discharged into a local sewer line that connects to the County Sanitation Districts of Los Angeles County's Diamond Bar Trunk Sewer. Wastewater collected from the project site would be treated at the San Jose Creek Water Reclamation Plant (WRP) in unincorporated Los Angeles County. Chevron Gas Station project Screencheck Mitigated Negative Declaration An increase is expected in average wastewater flow from the proposed project site due to additional floor area in the convenience store and addition of the single -bay carwash. The existing wastewater facilities are adequate to serve the proposed project. As a standard condition of approval, Districts charges a connection fee. Although the project site is already connected to the wastewater system, the connection fee is required for projects that increase the improvement square footage of a commercial parcel by more than 25 percent. Payment of this fee is required and would reduce any impacts to wastewater facilities to a level less than significant. Potable water would be provided to the project site by the Walnut Valley Water District. As previously discussed in Section 3.8, Hydrology and Water Quality, the District purchases imported water from the Three Valleys Municipal Water District, a member agency of the Metropolitan Water District of Southern California (MWD). A generation factor of one gallon per day per 55 square feet of commercial development would result an increase in potable water demand of approximately 56 gallons per day due to the development of the proposed project (increase of approximately 3000 square feet.) This amount of increase in potable water demand would be adverse, but it is not anticipated to be a significant impact and would not require the construction of new water facilities. c) No Impact. The proposed project would not require or result in the construction of new storm water drainage facilities or the expansion of existing facilities. d) Less Than Significant Impact. As previously discussed in 3.16(b), the project would increase the need for potable water on the project site by. approximately 56 gallons per day. This increased demand would be adverse, but it is not anticipated to be a significant impact and would not require changes to existing water entitlements. e) Less Than Significant Impact. As previously discussed in 3.16(b), the proposed project would not require the construction of new or expanded wastewater facilities. The project applicant would pay a connection fee which would be required mitigate the impact of future incremental expansions to the existing sewage system. f) Less Than Significant Impact. The project site is served by numerous public and private landfills and transfer stations in Los Angeles County. The closest facility, the Puente Hills Landfill in the City of Whittier, is operated by the County Sanitation Districts of Los Angeles County. The Conditional Use Permit for Puente Hills Landfill authorizes the disposal of 13,200 tons of solid waste per day. Other solid waste facilities that are available to the project site include the South Gate Transfer Station, the Commerce Refuse -to -Energy Facility (CREF), and the Downey Area Recycling and Transfer Facility (DART). The South Gate Transfer Station is permitted to accept up to 1,000 tons per day of refuse and currently receives approximately 500 tons daily; CREF is a transformation facility that is permitted to accept up to 1,000 tons per day/2,800 tons per week and currently receives approximately 420 tons per day; DART is a materials recovery/transfer facility that is permitted to accept up to 5,000 tons per day and currently receives approximately 1,200 tons per day. Based on the available solid waste capacity at the various landfills and other solid waste disposal facilities listed above, the disposal of demolition debris could be accommodated through the existing permitted capacity. The California Integrated Waste Management Act, AB 939, requires cities to divert 50 percent of the waste stream away from land disposal by the year 2000. The City of Diamond Bar requires recycling to be available for all residential developments, but does not require recycling for commercial land uses. Therefore, the City will work towards obtaining the goals of AB 939 through residential recycling. Additional Page 48 of 51 Chevron Gas Station project Screencheck Mitigated Negative Declaration solid waste generated by the proposed project would be approximately 39 pounds of waste per day, based on an increased square footage of approximately 3,000 square feet and a generation factor of 13 Ib/1,000 sq ft/day. This additional solid waste would be very modest and, therefore, would not constitute a significant impact. Current disposal facilities have the capacity to accept additional waste and impacts would be less than significant. g) No Impact. All solid waste materials generated at the project site would be disposed of in accordance with applicable state, federal, and local statutes and regulations. 3.16.2 CUMULATIVE IMPACTS The generation of solid waste from demolition and construction activities would result in a cumulative impact to landfill resources; however, this impact would not be cumulatively considerable. As previously noted, the construction debris would be accepted at one of several solid waste disposal facilities near the City of Sierra Madre. Construction activities would be temporary and there would be no operation -related generation of solid waste. Impacts to the sewer system capacity would be fully mitigated and would not result in cumulative impacts. Impacts to the potable water supply would be adverse, but an increase of approximately 39 gallons per day would not be directly or cumulatively considerable. 3.16.3 MITIGATION PROGRAM Standard Conditions of Approval SC 3.16-1 The project contractor must pay a connection fee to the County Sanitation Districts of Los Angeles County. Although the project site is already connected to the wastewater system, the connection fee is required for projects that increase the improvement square footage of a commercial parcel by more than 25 percent. This connection fee is required to construct incremental expansions to the sewerage system. Mitigation Measures None required. 3.17 MANDATORY FINDINGS OF Less Than SIGNIFICANCE Potentially Significant Less Than M^ Significant With Significant ,_ No Does_ the., 'ro ect __ a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population levels, threaten to eliminate ® El El drop below self-sustaining a plant or animal community reduce the number or restrict the range of rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively El means that the incremental effects of a El El ® project are considerable when viewed in connection with the effects of past projects, the effects of other current - ,._a «ti„ offo f- of nrohnble future protects)? — Chevron Gas Station project Screencheck Mitigated Negative Declaration 3.17 MANDATORY FINDINGS OF Less Than SIGNIFICANCE Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact ^h � c. Does the project have environmental effects which will cause substantial adverse effects on human beings, ❑ ® ❑ ❑ either directly or indirectly? 3.17.1 MANDATORY FINDINGS OF SIGNIFICANCE ANALYSIS a) Less than Significant With Mitigation. The proposed project has the potential to significantly impact air quality, cultural resources, hazards/hazardous materials, and noise. However, with the incorporation of the mitigation measures described in each section, the construction and operation of the proposed project would have less than significant impacts on the environment. b) Less Than Significant Impact. The proposed project would not generate any cumulatively considerable impacts, as previously discussed within the text of each environmental analysis. c) Less than Significant With Mitigation. With the incorporation of the mitigation program, the proposed project would not have any environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly, as previously discussed within the text of each environmental analysis. Page 50 of 51 Chevron Gas Station project Mitigated Negative Declaration SECTION 4.0 REPORT PREPARERS AND CONTRIBUTORS LEAD AGENCY- CITY OF DIAMOND BAR ............James DeStefano City Manager................................................................. Nancy Fon Community Development Director................................................................ y 9 Senior Planner (contract) .................................... Saandra Campbell RHL DESIGN GROUP Principal..................................................................................... James H. Kawamura, P.E. SECTION 5.0 REFERENCES 1993 CEQA Air Quality Handbook, South Coast Air Quality Management District, 1993. City of Diamond Bar's General Plan and Guideline for the Preparation of Traffic Impact Analysis Report (1992). Diamond Bar Municipal Code, http://www.ci.diamond-bar.ca.us/home/index.asp, accessed September 6, 2005 and September 22, 2005. Rule 1403 Asbestos Emissions for Demolition/Renovation Activities, South Coast Air Quality Management District website, http:llwww aqmd.gov/rtilesihtmi/rl4O3.htmiI December 4, 2003. Los Angeles County Fire Department, Los Angeles County Public Works Department, State of California, Integrated Waste Management Board, "estimated Solid waste Generation Rates for Commercial Establishments", http://www.ciwmb.ca.gov/WasteChar/WasteGenRates/Commercial.htm. website accessed September 12, 2005. Traffic Impact Analysis Report—Chevron Gas Station No. 9-0679, KHR Associates, April 10, 2006. a .-I FEW [a t k I., nnnoa0000© �:° a 'r 9r� Mu1111mm, �s ooa000000a -1 pr II11� ;/I a -1911 0100 A9 nr� 8000 ■ ®6 ®®� �000 � o0 00■ ., � 00886 8188 111 1110 � , 111�� -' 11111 m oc9�■ o■ �� e � ■ . .�, 4 � �rUk iq O -r y X33. f 0�0 /bd0 0 O�d� 0 g 000a00000a � �:° �11 g -1 ! g $ll €000000000 -1 �a em m���ee ��mm�m a oo�em Oliliiliili °��� .°00000 000000 0 00000 ..,� 011111 ,, m o©0000 v©0000 v ®0000 mea onm� O 000000 Ov©000 v �MOMM am 0 888800 888888 , 8 OMININ T AM � O � 111 ,�, .:►� .�' 1 ' �dr�-v.ut� � ;•vay$ dot ��'eZ•,,`�Y.�r�l n wri NIAlly • t ,r;utlsJrt �! • .KVO SLCIMW MOMM E4 T uw-, r Auuw eeow�tia �u,u-1v .rw..nwea=n. am.a °i�„700°Y' M0'0Y� A3A8118 3�lil CINYI we'v/Y1 Iv 3 1L uavn31noe We aNONVIa !Ca eC N 1l I Nit WJE p ill soMa� l Eriprpg,,1� �6ii l��� � �4! iA l�CCliFCl9 �P9 1�i9�9�e 4 E o d � l��E kR45i�E9�E�Rpk�pAk��gk6kQ3��6����i�����9�!$ •' �kF 'fi��I6 %E l ii !� g �R 8Erkl� sa.5p5.�sappk�tlAgCaAuoe®oe6bllllll!®q�s Agenda Item 8 — CUP No. 2006-02 — 150 Diamond Bar Chevron Full copy of attachments found in file IT PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839.7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: November 28, 2006 Negative Declaration No. 2006-04 Conditional Use Permit No. 2005-07 Development Review No. 2005-36 Minor variance No. 2006-05 Comprehensive Sign Program No. 2006-06 Shell Service Station 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765 APPLICATION REQUEST: Remodel and enlarge existing service station as follows: demolish one service bay; expand the existing convenience mart; add a drive-thru carwash; change the architecture; and install new signs. PROPERTY OWNERS: APPLICANT: STAFF RECOMMENDATION Sam Anabi Anabi Oil Corporation 1224 San Dimas Canyon Road San Dimas, CA 91773 Western States Engineering, Inc. 4887 E. La Palma Avenue, Suite 707 Anaheim, CA 92807 Approve with conditions BACKGROUND: The project site is approximately 22,670 square feet and developed with a Shell service station constructed in 1970. The station has a fuel island with six pumps, three service bays and convenience mart. On June 28, 2002, the Planning Commission approved Conditional Use, Permit No.2002=16 via Resolution --No: -2002-16 for thesale-of beer and wine in connection with this service station. ANALYSIS: A. Applications and Review Authority (Sections 22.58. 22 48 22 52 and 22.36) The proposed project consists of five applications each as follows: 1. Negative Declaration No. 2006-04 to address impacts that the proposed project may have on the environment. 2. Conditional Use Permit to allow a drive-thru carwash in the C-3 zoning district. 3. Development Review to review the project's design and ensure compliance with the City's design guideline and standards. 4. Minor Variance to consider a two percent reduction in the required 15 percent landscaping for commercial projects. 5. Comprehensive Sign Program to ensure that proposed wall and monument signs are architecturally integrated with the project's design. B. Site and Surrounding General Plan Zoning and Use C. Development Review (Section 22.48) The purpose of Development Review is to establish the consistency of new Page 2 CUP 2005-07, DR 2005-36, WAR 2006-05, CSP 2006-06 General Plan Zone Uses Project Site General Commercial (C) C-3 Commercial/service North C C-3 and C-2 station Service station/ Restaurant/strip center South C C-3 Commercial/retail/ East Low Density ResidentialRL R-1-8,000 restaurants/services Single family homes West C C-3 Restaurants/retail/ service uses C. Development Review (Section 22.48) The purpose of Development Review is to establish the consistency of new Page 2 CUP 2005-07, DR 2005-36, WAR 2006-05, CSP 2006-06 development with the General Plan through the promotion of high aesthetic and fundamental standards to complement and add to the economic, physical and social character of the City. This process also ensures an orderly and harmonious appearance to structures and properties within the City 1. DevelopmentStandards Development Feature C-3 Development Proposed Meets Standards Re Minimum Lot Size 10,000 sq. ft. 22,650 sq. ft. Yes (existing) Yes Setbacks Front: 10 ft. landscaped Existing: Canopy — setback; 12 ft.: building — 95 ft. Sides: 10 ft. abutting a Existing: 40 & 53 ft. residential zone; otherwise none. Rear: 10 ft. abutting a At property line residential zone; otherwise none. Height 35 ft. YesParking: YesConvenience mart: 1 space for eached: F2ft. 4 parking400 sq. ft. of gross; Provided: 7floor area parkng spaces Self-service carwash: 2.5 for queuing/ Minimum 3 for drying queuing Landscaping 15% of project site 13 % of project site No (See Minor Variance discussion The above comparison indicates that the proposed project meets the City's development standards with the exception of the percentage of landscaping provided. Architectural Features Colors Materials Floor Plan etc. The remodeling of the service station changes the exterior of the convenience mart building. The carwash structure is added to the rear of this building. A tower with columns and arched entry is proposed for the front elevation with new windows and doors. The new addition will use terra cotta roof tiles to match the existing roof. Coronado stone wainscoting and moldings will be used Page 3 CUP 2005-07, DR 2005-36, WAR 2006-05, CSP 2006-06 on all elevations of the building. Proposed colors are off-white, brown and gold. The existing gas island canopy will reflect the tile, colors, materials and stone proposed for the building. The proposed architectural improvements are compatible with the Vons and Taco Bell exterior remodel and proposed Chevron remodel on the north side of Palomino Drive. D. Conditional Use Permit (Sections 22.10 and 22.58) A Conditional Use Permit is intended to allow for specified uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. An application for a Conditional Use Permit is reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. Furthermore, a Conditional Use Permit approval is required for a carwash and drive-thru services in the C-3 zoning district. The existing gas station operates 24 hours each day, selling gasoline, food, beer, wine and miscellaneous items. It also has three vehicle service bays. The proposed project intends to demolish one existing service and incorporate the two remaining bays into the square footage of the convenience mart for a total of 1,700 square feet. It also intends to add a 720 square foot drive-thru carwash at the rear of the convenience mart. Equipment for the carwash includes a water sprayer and forced air blower. The carwash uses reclaimed water and a clarifier prior to the water entering the sewer system. The forced air blower is required to comply with the City's noise standards. Doors are required to close while a car is being washed. According to the City's noise standards, a carwash can only operate between 7:00 a.m. and 8:00 p.m. A traffic impact analysis was prepared for this project by Kunzman Associates. It was reviewed and accepted by the City with conditions. The traffic analysis reviewed on- site and off-site circulation and the following intersections: Diamond Bar Boulevard (NS) at SR -60 WB ramps (EW); SR -60 EB ramps (EW); Palomino Drive (EW); and Golden Springs Drive (EW). The traffic analysis states that the existing development generates approximately 1,953 daily trips and the proposed project will generate approximately 1,834 daily trips. The traffic analysis concluded that the proposed project will generate approximately 119 less daily trips then the existing service station. This estimate considers that customers going to the site will make one trip and use one or more of the services offered. Additionally, the level of service of the intersections studied does not change for the year 2007 with or without the project. Currently, the project site has four driveways, two located on the north side (Palomino Drive) and two located on the west side (Diamond Bar Boulevard). In order to improve on and off-site traffic circulation, the driveway located on the north side and closest to the corner will be removed. The second driveway will remain. It will be widened and aligned with the Chevron station driveway to the north. The closure of the driveway closest to the corner and alignment of the second driveway will shift the left hand turn movement further away from the corner and cause less traffic congestion at the Page 4 CUP 2005-07, DR 2005-36, WAR 2006-05, CSP 2006-06 intersection and improve the left hand turn movements in general. The two driveways on Diamond Bar Boulevard will remain. The driveway closest to the corner at Diamond Bar Boulevard/Palomino Drive is necessary because the fuel trucks can not make the turning radius or fit under the canopy. The traffic impact analysis recommends that the following improvements for the proposed project which are conditions in the resolution. • Review site distance at each access with respect to the California Department of Transportation/City of Diamond Bar standards in conjunction with preparing the improvement plans. • Implement on-site traffic signs and striping in conjunction with detailed construction plans. In addition, the City's traffic engineer consultant recommends the following conditions which are in the resolution. • Provide "No Stopping" prohibitions on Palomino Drive along the project frontage. • The one driveway on Palomino Drive for Shell and Chevron which are opposite each other shall align; and the centerline of each driveway shall align with each other. Any variation on the alignments shall be approved by the Public Works Director. • Provide a 20 foot setback behind the public right-of-way before providing parking spaces, thereby eliminating parking space labeled as "9". • In Figure 25 at intersection "3" of the traffic impact analysis, the westbound left and through volumes and northbound through volumes and right volumes are reversed. If correcting the figures causes a "fair share" contribution from the applicant, this contribution shall be paid to the City prior to occupancy. E. Minor Variance/Landscaping (Sections 22.52 and 22.24) The purpose of a variance is to allow for a deviation from specified development standards (i.e., height, setbacks, distance between structures, etc.) which can not be met due to special circumstances applicable to the property such as location, shape, surrounding, topography or other conditions; and when unreasonable regulations make it obviously impractical to require compliance with required development standards. The project site was developed in 1970 under Los Angeles Country's jurisdiction with landscape requirements below the City's standards. The City's code requires that 15 percent of a project site. As proposed, 13 percent of the project site will be landscaped. Additional landscaping is added by removing the two parking spaces adjacent to the public right-of-way, by removing one driveway and by adding a planting area adjacent to the carwash entrance and exit. The staff is requiring that the planter walls adjacent to the public right -of way be removed and that these planting areas be level with the sidewalk. This will improve the appearance of the site, be more Page 5 CUP 2005-07, OR 2005-36, MVAR 2006-05, CSP 2006-06 compatible with the new up -dated design of the project and these landscape areas will appear larger when not defined by walls. Furthermore, a portion of the planter walls encroach into public property. The applicant proposes to remove a total of four existing pine trees adjacent to the south and east property lines. Staff recommends that the applicant remove all the pine trees located on the subject property adjacent to the property lines and replace them with 36 inch box size of Scarlet Red Crepe Myrtle trees. F. Comprehensive Sign Program (Section 22.36) The purpose of a Comprehensive Sign Program is to integrate signs with the design of the structures and achieve a unified architectural statement. For new development or existing development proposing five or more signs, a Comprehensive Sign Program is required. The proposed Comprehensive Sign Program consists of one monument sign and wall signs which comply with the City sign standards. Wall Signs: Type Quantity Size Location Meets Proposed Code ' Wall signs 4 Yes "Food Mart" 11.78 sq. ft. Convenience mart entry "Car Wash" 3.97 sq. ft. Rear wall of Convenience mart "Entry' 2.25 sq. ft. Carwash entrance "Exit" 1.63 sq. ft. Carwash exit Canopy Logo 2 3.67 sq. ft. each; Canopy fascia Yes Total:7.34 sq. ft. Total signface area: 27 sq. ft. Yes Monument Sign; Type Quantity Size Location Meets Proposed Code Monument 1 Height: 6 ft. At corner site; architecturally Yes sin Area: 32 sq. ft. inte rated. The landscaae area whPra tha mnm imont eine is -_-4 ,.an r, a a locate the sign further back from the corner to ensure a clear line -of -sight for vehicular movement. The following existing signs will remain: pole sign; disabled parking; unauthorized parking, air and water; and price sign between the driveways at Diamond Bar Boulevard. Page 6 CUP 2005-07, DR 2005-36, MVAR 2006-05, CSP 2006-06 Architectural Integration Lighting Materials and Colors: The proposed monument signs will be internally illuminated. The face of the sign will have the Shell logo, gasoline prices and carwash identification. The base and support columns will be faced with stone used on the convenience mart building. The monument sign will be architecturally integrated with the project by its design, materials and colors used which match the convenience mart building. Red channel letters which reflect Shell corporate color will be used for the wall signs and all wall signs will be illuminated. G. Additional Review Public Works Department and the Building and Safety Division reviewed this project. Their recommendations are included in the resolution as conditions of approval. H. General Plan, Design Guidelines and Compatibility with Neighborhood The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 because the proposed. project provides for retail and service commercial uses that are revenue generating to meet the City's needs. As encouraged by the General Plan, the proposed project is the refurbishing of existing development. Additionally, Objective 3.2 states: "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent exemplary design." The proposed project meets this criterion. The proposed project is consistent with the City' Design Guidelines in that the exterior design, roof style, colors, materials, architectural form and detailing is consistent with the remodeling of Vons and Taco Bell located adjacent to the project site. It will also be consistent with the proposed Chevron project located on the north side of Palomino Drive. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to 391 property owners within a 1,000 foot radius of the project site and a copy of the notice was posted at the City's designated community posting sites by November 2, 2006. The public hearing notice was published on November 6, 2006 in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site by November 5, 2006. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared an Initial Study and Negative Declaration for this project. Pursuant Page 7 CUP 2005-07, DR 2005-36, WAR 2006-05, CSP 2006-06 to CEQA Section 15105, the public review period for the Negative Declaration began November 6, 2006 and ended November 25, 2006. The Negative Declaration analyzed environmental impacts related to aesthetics, agricultural biological, cultural and mineral resources, geology, hydrology and water and air quality, land use, population and housing, recreation, public -services; utilities, traffic, noise and hazards. The analysis showed the project as conditioned will have a less than significant impact on the environment. RECOMMENDATIONS: Staff recommends that the Planning Commission adopt Negative Declaration No. 2006-04 and approve Conditional Use Permit No. 2005-07, Development Review No. 2005-36, Minor Variance No. 2006-05, Comprehensive Sign Program No.2006-06, Findings of Fact, conditions of approval and Standard ConAFong, within the attached resolution. P epared b : i%/ nn J. Lungu P Associate Planner opment Director Attachments: 1. Draft Resolution of Approval with required findings; 2. Negative Declaration No. 2006-04; 3. Exhibit "A" site plan, floor plan, roof plan, elevations, landscape plan, sign plan, and colors and materials board dated November 28, 2006; and 4. Aerial Page 8 CUP 2005-07, DR 2005-36, WAR 2006-05, CSP 2006-06 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR ADOPTING NEGATIVE DECLARATION NO. 2006-04 AND APPROVING CONDITIONAL USE PERMIT NO. 2005-07, DEVELOPMENT REVIEW NO. 2005-36, MINOR VARIANCE NO. 2006-05 AND COMPREHENSIVE SIGN PROGRAM NO. 2006-06, A REQUEST TO REMODEL AND ENLARGE EXISTING SERVICE STATION BY EXPANDING THE CONVENIENCE MART, ADDING A DRIVE-THRU CARWASH AND INSTALLING NEW SIGNS FOR A PROJECT LOCATED AT 206 S. DIAMOND BAR BOULEVARD (APN: 8281-010-049). DIAMOND BAR, CA. A. RECITALS 1. The property owner, Sam Anabi, Anabi Oil Corporation and applicant, Western States Engineering, Inc. have filed an application for Conditional Use Permit No. 2005-07, Development Review No. 2005-36, Minor Variance No. 2006-05, Comprehensive Sign Program No. 2006-06 and Negative Declaration No. 2006-04 for service station located 206 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review, Minor Variance, Comprehensive Sign Program and Negative Declaration shall be referred to as the "Application." 2 On November 6, 2006, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On November 2, 2006, public hearing notices were mailed to approximately 391 property owners within a 1,000 -foot radius of the project site and the public notice posted at the City's designated community posting sites. Furthermore, on November 2, 2006, the project site was posted with a display board. 3 On November 28, 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. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby determines that the project identified above in this Resolution required a Negative Declaration (ND). ND No. 2006-04 has been prepared according to the requirement of the California Environmental Quality Act of 1970 (CEQA) pursuant to Sections 15303 (d) of the CEQA Guidelines. The 20 day public review period for the ND began November- 6, 2006 -and -ended -November 25, 2006- Furthermore the Planning Commission has reviewed the ND 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 orthe 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: CONDITIONAL USE PERMIT (a) The proposed addition of a 720 square foot drive-thru carwash at the rear of the convenience mart to an existing service station may be allowed in the C- 3 zoning district with the approval of a Conditional Use Permit. The carwash addition, as conditioned, complies with all applicable provision of the Development Code and Municipal Code. It meets all the standards related to height, setbacks, parking, circulation, queuing area and landscaping requirements with the approval of a Minor Variance discussed below in this resolution. (b) The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 because the proposed project provides for retail and service commercial uses that are revenue generating to meet the City's needs. As encouraged by the General Plan, the proposed project is the refurbishing of existing development. Additionally, Objective 3.2 states: "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent exemplary design." The proposed project meets this criterion. It is consistent with the City' Design Guidelines in that the exterior design, roof style, colors, materials, architectural form and detailing is consistent with the remodeling of Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 Vons and Taco Bell located adjacent to the project site. It will also be consistent with the proposed Chevron project located on the north side of Palomino Drive. There is not an applicable specific plan for this project. (c) As discussed in Items (a) and (b) above, the proposed project's design, location, size and operating characteristics are compatible with the existing and future land uses in the vicinity. In addition, the remodeling of the service station along with the carwash addition changes the exterior of the convenience mart building. The carwash structure is added to the rear of this building. A tower with columns and arched entry is proposed for the front elevation with new windows and doors. The new addition will use terra cotta roof tiles to match the existing roof. Coronado stone wainscoting and moldings will be used on all elevations of the building. Proposed colors are off-white, brown and gold. The existing gas island canopy will reflect the tile, colors, materials and stone proposed for the building. The proposed architectural improvements are compatible with the Vons and Taco Bell exterior remodel and proposed Chevron remodel on the north side of Palomino Drive. Furthermore, the existing gas station currently operates 24 hours each day, selling gasoline, food, beer, wine and miscellaneous items. The business will continue to operation 24 hours a day with the exception of the carwash. According to the City's noise standards and as conditioned in this resolution the proposed drive-thru carwash can only operate between 7:00 a.m. and 8:00 p.m. Equipment for the carwash includes a water sprayer and forced air blower. The carwash uses reclaimed water and a clarifier prior to the water entering the sewer system. The forced air blower is required to comply with the City's noise standards. Doors are required to close while a car is being washed. As such, the operational characteristics are compatible with the existing and future lands use in the vicinity. Currently, the project site has four driveways, two located on the north side (Palomino Drive) and two located on the west side (Diamond Bar Boulevard). In order to improve on and off-site traffic circulation, the driveway located on the north side and closest to the corner will be removed. The second driveway will remain. It will be widened and aligned with the Chevron station driveway to the north. The closure of the driveway closest to the corner and alignment of the second driveway will shift the left hand turn movement further away from the corner and cause less traffic congestion at the intersection and improve the left hand turn movements in general. The two driveways on Diamond Bar Boulevard will remain. The driveway closest to the corner at Diamond Bar Boulevard/Palomino Drive is necessary because the fuel trucks can not make the turning radius or fit under the canopy. Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 (d) As referenced above in Items (a) through (c), the project 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. (e) 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. DEVELOPMENT REVIEW (f) -The project site is approximately 22;670 square feet and developed with a Shell service station constructed in 1970. The station has a fuel island with six pumps, three service bays and convenience mart. The proposed project consist of remodeling and enlarging existing service station as follows: demolish one service bay; expand the existing convenience mart to a total of 1,700 square feet; adding a drive-thru carwash of 720 square feet and changing the architecture. The project meets the City's development standards with the exception of the percentage of landscaping provided. (See Minor Variance discussion.) The remodeling of the service station changes the exterior of the convenience mart building. The carwash structure is added to the rear of this building. A tower with columns and arched entry is proposed forthe front elevation with new windows and doors. The new addition will use terra cotta roof tiles to match the existing roof. Coronado stone wainscoting and moldings will be used on all elevations of the building. Proposed colors are off-white, brown and gold. The existing gas island canopy will reflect the tile, colors, materials and stone proposed for the building. The proposed architectural improvements are compatible with the Vons and Taco Bell exterior remodel and proposed Chevron remodel on the north side of Palomino Drive. The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 because the proposed project provides for retail and service commercial uses that are revenue generating to meet the City's needs. As encouraged by the General Plan, the proposed project is the refurbishing of existing development. Additionally, Objective 3.2 states: "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent exemplary design." The proposed project meets this criterion- The proposed project is consistent with the City' Design Guidelines in that the exterior Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 design, roof style, colors, materials, architectural form and detailing is consistent with the remodeling of Vons and Taco Bell located adjacent to the project site. (g) As discussed above in Items (a) through (f), the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards (h) As discussed above in Item (f), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 DBDC, the General Plan, City Design Guidelines, or any applicable specific plan. (i) As discussed above in Item (f), 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. Q) Prior to 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. Additionally and because of the factors discussed above in Items (a) through (c), and (d) the proposed project will not have a negative affect on property values or in the vicinity. MINOR VARIANCE (k) The purpose of a Minor Variance is to allow for a deviation from specified development standards (i.e., height, setbacks, distance, between structures, etc.) which can not be met due to special circumstances applicable to the property such as location, shape, surrounding, topography or other conditions; and when unreasonable regulations make it obviously impractical to require compliance with required development standards. The project site was developed in 1970 under Los Angeles Country's jurisdiction with landscape requirements below the City's standards. The proposed project consists of the refurbishing of an existing service station and adding a drive-thru carwash which often occurs with service stations. The City's code requires that 15 percent of a project site. As proposed, 13 percent of the project site will be landscaped. Additional landscaping is Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 added by removing the two parking spaces not required adjacent to the public right-of-way, by removing one driveway and by adding a planting area adjacent to the carwash entrance and exit. Because the proposed project is working with an existing building and gas island with a canopy, there is not an opportunity to relocate structures and provide more landscaping. To provide additional landscaping, the applicant had to work around the existing development. (1) Granting the Minor Variance allows the applicant to refurbish the project site and add retail and service commercial uses that are revenue generating to meet the City's needs. It will also provide a project that yields a pleasant living, working, or shopping environment and attracts the interest of residents, worker, shoppers, and visitors as the result of consistent exemplary design as set forth in the City's General Plan. (m) As referenced in Item (1) above, granting the Minor Variance is consistent with the General Plan. There is no applicable specific plan for this area. (n) Before the issuance of any City permits, the proposed project is required to comply with: all conditions set forth in the approving 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. Comprehensive Sign Program (p) The proposed Comprehensive Sign Program consists of sign criteria for a monument and wall signs for a Shell service station. All signs comply with the required development standards regarding quantity, height, sign face area and location. The proposed monument signs will be internally illuminated. The face of the sign will have the Shell logo, gasoline prices and carwash identification. The base and support columns will be faced with stone used on the convenience mart building. The monument sign will be architecturally integrated with the project by its design, materials and colors used which match the convenience mart building. Red channel letters which reflect Shell corporate color will be used for the wall signs and all wall signs will be illuminated. Therefore, proposed Comprehensive Sign Program satisfies the purpose of Chapter 22.36 of the Diamond Bar Development Code and the intent as Section 22.36.060, (q) As referenced in Item (a) above, the proposed Comprehensive Sign Program will enhance the overall development by providing a consistent sign theme that is architecturally compatible with the commercial structures on-site and Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 by providing a sense of order and unity. (r) The proposed Comprehensive Sign Program accommodates future revisions in that minor changes can be approved by the director and major changes may be approved by the Planning Commission. (s) As referenced in Item (a) above, the proposed Comprehensive Sign Program complies with the Development Code standards for signs and will enhance the overall commercial center by repeating the architectural design and theme of the commercial center in the design of the signs. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: General (1) The project shall substantially conform to Title Sheet, Site Plan, Floor Plan, Elevations, Landscape Plan, and Details collectively labeled as Exhibit "A" dated November 28, 2006, as submitted to, amended herein, and approved by the Planning Commission. (2) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period 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. (3) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. b. Planning Division (1) The forced air blower shall comply with the City's noise standards. Prior to the issuance of the Certificate of Occupancy, a sound test by a certified noise meter shall be conducted at the applicant's expense for the City's review and approval to ensure compliance with the City's noise standards. Planning Commission Resolution No. 2006-M CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 (2) Doors of the carwash shall remain closed between 8:00 p.m. and 7:00 a. m. (3) Carwash shall only operate between 7:00 a.m. and 8:00 p.m. (5) The driveway located on the north side of the project site adjacent to Palomino Drive and closest to the corner shall be removed. (6) The second driveway located on the north side of the project site adjacent to Palomino Drive shall remain. It shall be widened and aligned with the Chevron station driveway to the north. Prior to plan check submittal, the applicant shall provide a detail site plan reflecting the driveway changes for the City's review and approval. (7) Prior to the issuance of any City permits, the applicant shall provide a revised landscape plan for the .Planning Division's review and approval that shows the following: (a) Removal of all the pine trees located on the subject property adjacent to the property lines and installation of 36 inch box size Scarlet Red Crepe Myrtle trees planted 15 feet on center. (b) Removal of planter walls adjacent to the public right -of way and the leveling of the planting areas with the sidewalk. (c) Provide a 20 foot landscape setback behind the sidewalk located between the southern most driveway adjacent to Diamond Bar Boulevard and south property line, thereby eliminating parking space labeled as "9" on Exhibit "A"/Site Plan. (d) Expand the landscape area where the proposed monument sign will be located to ensure the monument sign will be at least 10 feet from the ultimate right-of-way and the clear line - of -sight for vehicular movement is not blocked. (8) All landscaping/irrigation shall be installed .prior to final inspection or issuance of the Certificate of Occupancy. (9) Future changes to the location of the underground fuel tanks and fuel island with canopy shall be reviewed and approved by the Planning Division. At that time, closure of the Diamond Bar Boulevard driveway closest to the intersection of Diamond Bar Boulevard/Palomino Drive shall be reviewed and approved by the City. Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 (10) The stucco color used for fuel island canopy shall match the stucco color of the convenience mart/carwash building. (11) The electrical box located at the rear of the convenience mart/carwash building shall be architecturally integrated with the design of said building, Prior to plan check submittal, the applicant shall submitted revised elevations using but not limited to tile roof, stucco, cornice, moldings, etc. for the Planning Division review and approval. (12) Prior to issuance of construction permits, the applicant shall work with the Planning Division to modernize the existing pole sign as stated in Chapter 22.68.020(g) for the purpose of ,architectural integration through the Minor Conditional Use Permit process. (13) Prior to plan check, the applicant shall submit a revised elevation of the proposed monument sign. The revised elevation shall show a cornice on top of the sign for Planning Division review and approval. Public Works Department (1) Prior to the issuance of any City permits, the applicant shall provide evidence on the improvement plans that site distance for each access with respect to the California Department of Transportation/City of Diamond Bar standards are met. (2) Prior to the issuance of any City permits and on detailed construction plans the applicant shall provide the type and location of on-site traffic signs and striping to the satisfaction of the Public Works Director. (3) Prior to final inspection or issuance of the Certificate of Occupancy, applicant shall provide "No Stopping" prohibitions on Palomino Drive to the satisfaction of the Public Works Director (3). Prior to the issuance of any City permits, the applicant shall provide improvement plans for review and approval of the Public Works Director that shows the one driveway for Shell and the one driveway for Chevron on Palomino Drive which are opposite each other align; with the centerline of each driveway aligning with each other. Any variation on the alignments shall be approved by the Public Works Director. (4) In Figure 25 at intersection "3" of the traffic impact analysis, the westbound left and through volumes and northbound through volumes and right volumes are reversed. If correcting the figures causes a "fair Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 share" contribution from the applicant, this contribution shall be paid to the City prior to occupancy. (5) Prior to final inspection, all driveway approaches shall be upgraded to comply with Americans with Disabilities Act (ADA) of 1990 requirements. Additionally, driveway closures shall comply with the City's sidewalk standards. (6) Prior to final inspection, any curbs, sidewalks, driveway approaches, pavement, traffic signals, etc. damaged due to construction activities shall be repaired or replaced to the satisfaction of the Public Works Director. (7) Prior to issuance of any City permits, the applicant shall submit a hydrology study for the City's review and approval. The applicant shall also provide a detailed drainage plan for the City's review and approval. All existing curbs and gutter site drainage shall be directed underneath the sidewalk to parkway drains. Installation of such parkway drains shall be performed to the satisfaction of the Public Works Director. d. Building and Safety Division (1) Fire Department approval is required. Prior to the issuance of any City permits, applicant shall contact the Fire Department for review and approval. (2) Applicant shall provide temporary sanitation facilities while under construction. (3) Kitchen shall be equipped with grease interceptors. (4) Food mart shall obtain County health and environmental waste permits. (5) Bathroom lights shall be fluorescent. (6) Shall provide tempered glass as required by code. (7) Project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, counter height, restrooms, drinking fountains, etc. 10 Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 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: Sam Anabi, Anabi Oil Corporation, 1224 San Dimas Canyon Road, San Dimas, Ca 91773 and Western States Engineering, Inc., 4887 E. La Palma Avenue, Suite 707, Anaheim, CA. 92807 APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2006, BYTHE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28th day of November 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 11 Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2005-06 & ND No. 200604 CI ' COMMUNITY DEVELOPMENT W DEPARTMENT ury STANDARDITI USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No.2005-07 Development Review No. 2005-36 Minor Variance No. 2006-05 and Negative Declaration No. 2006-04 SUBJECT: Remodel, enlargement of an existing service station and the addition of a drive-thru carwash and installation of new signs. APPLICANT: Sam Anabi, Anabi Oil Corporation and Western States Engineering, Inc. LOCATION: 206 S. Diamond Bar Boulevard. 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.2006-03, Development Review No. 2006-16 and Variance No. 2006-05 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 CUP 2005-07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 (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. 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.2006-03, Development Review No. 2006-16 and Variance No. 2006-05, 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 or City Council 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, grading, landscape, irrigation, and elevation 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. 13 Planning Commission Resolution No. 2006 -XX CUP 2005-07 & OR 2005-36, MV2006-05 CSP 2006-06 & NO No. 2006-04 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. 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. 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 No.2005-07, Development Review No. 2005-36, Minor Variance No. 2006-05 and Comprehensive Sign Program 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, landscaping, and irrigation on file in the Planning Division, the conditions contained herein, Development Code regulations. 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. 14 Planning Commission Resolution No. 2006 -XX CUP 2005-07 & DR 2005-36, W2006-05 CSP 2006-06 & ND No. 2006-04 3. All structures, including walls, 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 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. 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 concurrently with the grading plan 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). 2. The applicant shall complywith Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and/or 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 used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS All equipment staging areas shall be located on the project site and the location shall be approved by the City prior to the issuance of any City 15 Planning Commission Resolution No. 2005 -XX CUP 2005-07 & DR 2005-36, MV2006.05 CSP 2006-06 & NO No. 2006-04 permits. 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. 2. Prior to the issuance of building permits, apre-construction meeting shall be held at the project site with the contractor, applicant, and city inspector at least 48 hours prior to commencing construction. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The antennas/monoelm and equipment building shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. The project shall be protected by a construction fence to the satisfaction of the Building Official. 5. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 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. 16 Planning Commission Resolution No. 2006 -XX CUP 2005.07 & DR 2005-36, MV2006-05 CSP 2006-06 & ND No. 2006-04 SHELL SERVICE STATION REMODEL AND CARWASH ADDITION 206 S. DIAMOND BAR BOULEVARD DIAMOND BAR, CA 91765 CONDITIONAL USE PERMIT NO. 2005-07 DEVELOPMENT REVIEW NO. 2005-36 MINOR VARIANCE NO. 2006-05 COMPREHENSIVE SIGN PROGRAM 2006-06 Shelf Service Station Declaration No. 2006-04 Prepared by. City.of Diamond Bar 21825 Copley Avenue Diamond Bar, CA 91765 (909) 839-7030 Contact: Ann J. Lungu Associate Planner October 25, 2006 TABLE OF CONTENTS Section Page ExecutiveSummary ................................................................................................................. 3 Section 1.0 .... Introduction ..............................................................................:..................... 1.1 4 Purpose of Initial Study 1.2 ...................................................................................... Summary of Findings......................................................................................... 4 4 1.3 Project Approval................................................................................................ 5 1.4 Organization of the Initial Study......................................................................... 5 Section 2.0 Project Location and Environmental Setting ................................................. 7 2.1 Project Location................................................................................................. 7 2.2 Environmental Setting........................................................................................ 7 2.3 Project Description............................................................................................. 7 2.4 Estimate Project Schedule............................................................................... 12 2.5 Related Projects.............................................................................................. 12 Section 3.0 Environmental Checklist Form..................................................................... 13 3.1 Aesthetics..................................................................................................16 3.2 Agricultural Resources..................................................................................... 17 3.3 Air Quality.................................................................................................. 18 3.4 Biological Resources...............................................................................:....... 20 3.5 Cultural Resources.......................................................................................... 21 3.6 Geology and Soils............................................................................................ 23 3.7 Hazards/Hazardous Materials.......................................................................... 25 3.8 Hydrology and Water Quality........................................................................... 29 3.9 Land Use and Planning................................................................................... 32 3.10 Mineral Resources........................................................................................... 35 3.11 Noise..................................................................................................35 3.12 Population and Housing................................................................................... 38 3.13 Public Services................................................................................................ 39 3.14 Recreation..................................................................................................40 3.15 Transportation and Traffic ............................ :.................. ................................. 41 3.16 Utilities and Service Systems........................................................................... 44 3.17 Mandatory Findings of Significance................................................................. 47 Section 4.0 Report Preparers and Contributors.............................................................. 49 Section5.0 References.................................................................................................. 49 Shelf Service Station, 206 S. Diamond Bar Boulevard Neaative Declaration No. 2006-04 TABLES Table Page 2.1 Related Projects for Cumulative Analysis..................................................................... 12 3.1 Construction Emissions and SCAWMD.Significance Thresholds ................................. 18 3.2 Operational Emissions and SCAWMD Significance Thresholds .................................. 19 3.3 Schools within One Mile of Project Site....................................................................... 27 3.4 Existing Intersection LOS............................................................................................ 42 3.5 Project Trip Generation............................................................................................... 42 3.6 Opening Year 2007 without the Project.......................................................................4 3 3.7 . Opening Year 2007 with the Project............................................................................ 43 LIST OF FIGURES Figure Page 2-1 Regional Location.......................................................................................................... 8 2-2 Local Vicinity . 9 2-3 Existing Land Uses...................................................................................................... 10 2-4 Proposed Shell Service Station Site Plan........................................................... ........ - 11 Shell Service Station, 206 S. Diamond Bar Boulevard Negative Declaration No. 2006-04 EXECUTIVE SUMMARY The City of Diamond Bar has received and deemed complete an application from Western States Construction, Inc. (applicant) for Sam Anabi/Anabi Oil Corporation (property owner) for the remodeling of an existing Shell service station and addition of a drive-thru carwash. The applicant and property owner are seeking City approval to allow the development of this project. This project's development requires several discretionary approvals including the following: • Conditional Use Permit No. 2005-07 to allow a drive-thu carwash addition of 720 square feet; ® Development Review No. 2005-36 for architectural review for the remodel of the existing convenience store and site design review for the carwash addition; ® Comprehensive Sign Program No. 2006-06 to ensure that proposed signs are architecturally integrated with structures on site; and • Minor Variance No. 2006-05 to allow a 2 percent reduction in required landscaping. An Initial Study and Negative Declaration have been prepared by the' City of Diamond Bar in compliance with Sections 15063(a) and 15070 (et seq.) of the California Environmental Quality Act (CEQA). Through the Initial Study process, the City has determined that there is no substantial evidence that any aspect of the proposed project may cause a significant effect on the environment. Therefore, a Negative Declaration has been prepared. The impact analysis considers Standard Conditions of Approval which are based on local, state, or federal regulations or laws that are frequently required independent of CEQA review yet also serve to offset or prevent certain impacts. Because Standard Conditions of Approval are incorporated either in the project design or as part of project's implementation, they do not constitute mitigation measures as defined by CEQA. rage a OTOZ Declaration SECTION 1.0. INTRODUCTION 1.1 PURPOSE OF THE INITIAL STUDY In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code §21000 et seq.) and its Guidelines (California Code of Regulations §15000 et seq.), this Initial Study (IS) has been prepared as documentation for a Negative Declaration (ND) for the proposed remodel of a convenience store and addition of a drive-thru carwash in connection with an existing Shell service station located at 206 S. Diamond Bar Boulevard . This Initial Study includes a description of the proposed project, location of the project site, evaluation of the potential environmental impacts and findings from the environmental review. Included in the project are Standard Conditions of Approval which a -re based on local, state, or federal regulations or laws that are frequently required independent of CEQA review yet also serve to offset or prevent certain impacts. Because Standard Conditions of Approval are incorporated either in the project design or as part of project's implementation, they.do not constitute mitigation measures as defined by CEQA_ Pursuant to Section 15367 of the State CEQA Guidelines, City of Diamond Bar is the. lead agency for the project. The lead agency is the public agency that has the principal responsibility for carrying out or approving a project. The City of Diamond Bar, as the lead agency, shall have the authority for project approval and adoption of the accompanying environmental documentation. 1.2 SUMMARY OF FINDINGS Based on the environmental checklist form prepared for the project and supporting environmental analysis, the proposed project would have no impact or less than significant impacts in the following environmental impact areas: Aesthetics m Agricultural Resources Biological Resources Geology/Soils Hydrology/Water Quality Land Use/Planning ® Mineral Resources a Population and Housing • Public Services a Recreation ® Utilities/Service Systems o Traffic/Transportation • Air Quality ® Cultural Resources • Hazards/Hazardous Materials • Noise According to the CEQA Guidelines, it is appropriate to prepare a Negative Declaration for the proposed project because the proposed project will not have a significant effect on the environment. Page 4 of 51 1.3 PROJECT APPROVAL The Initial Study and proposed Negative Declaration have been submitted to potentially affected agencies. There will be a 20 -day public review period for the Initial Study/Negative Declaration, in accordance with Section 15073 of the CEQA Guidelines. Notices of Availability and Intent to Adopt the Initial Study/Negative-Declaration have been posted on the project site and at the Los Angeles County Clerk's Office. The Initial Study/Negative Declaration and associated technical reports are available for review at the Community Development Department/ Planning Division, Diamond Bar City Hall. In reviewing the Initial Study/Negative Declaration, the reviewer should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment and ways in which the potentially significant effects of the project are avoided or mitigated through components of the project. Comments on the analysis contained herein may be sent to: Ann J. Lungu Associate Planner City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Following receipt of and evaluation of comments from agencies, organizations, and/or individuals, the City will determine whether any substantial new environmental issues have been raised. If not, or if the new issues do not provide substantial evidence that the project will have a significant effect on the environment, the project and environmental documentation will be presented to the Planning Commission for action November 28, 2006. 1.4 ORGANIZATION OF THE INITIAL STUDY The Initial Study is organized into the following sections: Section 9 — Introduction. This section provides an introduction to the Initial Study/Negative Declaration process and a brief overview of the results of the Initial Study analysis. Section 2 — Project Location and Environmental Setting. This section provides a detailed description of the proposed project's physical and operational characteristics, the project location, the project objectives, and describes the existing environmental setting of the project area. Section 3 — Environmental Checklist Form. The completed CEQA checklist form gives an overview of the potential impacts that may or may not result from project implementation. The environmental checklist form also includes "mandatory findings of significance" required by CEQA. This section also contains the analysis of environmental impacts identified in the environmental checklist and identifies mitigation measures that have been recommended to eliminate potential significant effects or reduce them to a level that is considered 5 of less than significant. For this project there are not mitigation measures only the standard conditions of approval Section 4 — Report Preparers and individuals responsible for preparing proposed Negative Declaration. This section lists those references used in preparation Contributors. This section lists those and contributing to the Initial Study and Section 5 — References. of the Initial Study. SECTION 2.0 PROJECT LOCATION AND ENVIRONMENTAL SETTING 2.1 PROJECT LOCATION The proposed project is located at 206 S. Diamond Bar Boulevard. The site is on the southeast corner of the intersection of Palomino Drive and Diamond Bar Boulevard. Local access is primarily from Diamond Bar Boulevard and secondarily from Palomino Drive (Figure 2-1 Regional and Figure 2-2 Local ). 2.2 ENVIRONMENTAL SETTING The project site is zoned C-3 (Regional Commercial) and the General Plan designation is General Commercial (C). Currently the property is developed with an operating service station with three service bays, convenience store, on-site parking and landscaping. All trees and vegetation on the project site are ornamental. There are no native habitat or wildlife populations on the project site. The main entrances into the service station are from two driveways located off of Diamond Bar Boulevard and two driveways located off of Palomino Drive. An existing shopping center with retail, restaurants and service uses borders the project site on the east and south. A service station and small commercial center are located across Palomino Drive directly north of the project site. To the west, across Diamond Bar Boulevard is another commercial center with K -mart, restaurants, retail and service uses. 2.3 PROJECT DESCRIPTION The proposed project involves removing, the service bay use and demolishing one service bay and expanding the convenience mart to a total of 1,700 square feet. The 1,700 square feet includes the remaining two service bays into the square footage of the convenience mart. Also proposed is an attached 720 square foot drive-thru carwash. The existing convenience mart fagade will be upgraded by changing the architectural elements, materials and colors. The existing six gasoline pumps with canopy and underground storage tanks will remain. The canopy posts will be faced with materials and colors used for the convenience mart. The existing driveway at Palomino Drive closest to the corner will be removed. The remaining driveway at Palomino Drive will be widened to 40 feet to accommodate vehicles accessing the site. The two existing driveways at Diamond Bar Boulevard will remain. Additional landscaping will be provided on-site. However, the existing landscaping plus the new landscaping (13 percent of the project site) will not meet the required 15 percent of the project site. The site will be repaved and striped with eight required parking spaces. The car -wash drive- thru aisle will provide four queuing spaces at the entrance. Furthermore, a Comprehensive Sign Program is part of this proposed project. The sign program will ensure that all signs are integrated with the design of on-site structures to achieve a unified architectural statement. 7of51 Figure 2-1 Regional Location FIGURE 2-2 LOCAL VICINITY Page 9 of 51 I �� i 111�� � t xg11II11n1111111I t5 I $` a 4 000f 000000 000000 LLz OOH O^ OOV 00000 OQ 0 �0 In accordance with Title 22 of the City of Diamond Bar Development Code, the project requires the following applications and approval of said applications C Conditional Use Permit No. 2005-07 to allow a drive-thru carwash addition of 720 square feet within the Regional Commercial (C-3) zoning district; Development Review No. 2005-36 for architectural review for the remodel of the existing convenience store and site design review for the carwash addition; Comprehensive Sign Program No. 2006-06 to ensure that proposed walls and monument signs are architecturally integrated with structures on site; and 0 Minor Variance No. 2006-05 to allow a 2 percent reduction in required landscaping. 2.4 ESTIMATED PROJECT SCHEDULE The proposed project would be developed in one phase. The construction activities will take approximately seven months. It is estimated that construction will begin in February 2007. 2.5 RELATED PROJECTS In the vicinity of the project site, there is one proposed project (Chevron service station /demolition and reconstruction) that is currently being reviewed by the City of Diamond Bar that may be affected by, or may have an effect upon, the proposed project (Shell service station). This proposed project was considered in the Traffic Impact Analysis report by Kunzman Associates. The Chevron project, when considered in conjunction with the proposed Shell project, may have the potential to result in cumulative environmental impacts. The environmental analysis provided in Section 3.0 indicates that the proposed project, in conjunction with the other related projects identified above and below, would not result in significant cumulative environmental impacts. TABLE 2-1 RELATED PROJECT FOR CUMULATIVE ANALYSIS Address/Lown -- - ProjectTitle catDemolition and reconstruction 150 S. Diamond Bar Blvd. which includes a convenience Chevron service station store and drive-through carwash SECTION 3.0 ENVIRONMENTAL CHECKLIST FORM This section includes the completed environmental checklist form. The checklist form is used to assist in evaluating the potential environmental impacts of the proposed project. The checklist form identifies whether the project is expected to have potential significant impacts. Substantiation and clarification for each checklist response is provided below each environmental topic._ 1. Project title: Shell Service Station Remodel/Drive-Thru Carwash Addition 2. Lead agency name and address: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 3. Contact person and phone number: Ann J. Lungu, Associate Planner (909) 839-7032 4. Project Location: 206 S. Diamond Bar Boulevard. 5. Project/Property Owner: Sam Anabi Anabi Oil Corporation. 1224 San Dimas Canyon Road San Dimas, CA 91773 6, General Plan designation: General Commercial (C) 7. Zoning: Regional Commercial (C-3) 8. Description of Project: The proposed project involves removing the service bay use and demolishing one service bay and expanding the convenience mart to a total of 1,700 square feet. The 1,700 square feet includes the remaining two service bays. Also, proposed is an attached 720 square foot drive-through carwash. The existing convenience mart facade will be upgraded by changing the architectural elements, materials and colors. The existing six gasoline pumps with canopy and underground storage tanks will remain, Other improvements include the following: Canopy posts will be faced with materials and colors used for the convenience mart; Remove two driveways on Palomino Drive and replace with one 40 -foot -wide driveway; e Install additional landscaping; a Repave the entire site with striping for eight parking spaces; and rl Install new signs architecturally integrated into the design of the convenience store/carwash structure. Page 13 of 51 - — Surrounding land uses and setting: An existing shopping center with retail, restaurants and service uses borders the project site on the east and south. A service station and small commercial strip center are located across Palomino Drive directly north of the project site. To the west across Diamond Bar Boulevard is another commercial center with K -mart, restaurants, retail and service uses. The closest residential uses are approximately 200 feet to the east. 10. Other public agencies whose approval is required: Permits required from Los Angeles County Environmental Health for food service. Permits required from Los Angeles County Fire Department South Coast Air Quality Management District clearance for asbestos. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: ❑ AestheticNisual ❑ Agricultural Resources ® Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ® Hazards & Hazardous Materials ® Hydrology/Water Quality ❑ Land Use/Planning ❑ Mineral Resources Noise E] Population/Housing ❑ Public Services ❑ Recreation ® Trans portation/Traffic ❑ Utilities/Service Systems ❑ Mandatory Findings of Significance 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. ❑ I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature of Lead Agency Representative Ann J. Lungu, Associate Planner Printed name Page 15 of 51 Date City of Diamond Bar Agency ENVIRONMENTAL. ASSESSMENT Less Than Potentially Significant Less Than 3.1 AESTHETICS Significant ^ With-^ Significant No ,. 1--f lmna a)Havea substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but El El n not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially. degrade the existing visual character or ❑ ❑ Q )� 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? 3.1.1 AESTHETICS ANALYSIS a) No impact. The proposed project involves the renovation of an existing service station. The project site is located in a developed urban area and there are no scenic vistas within or adjacent to the project site. b) No Impact. Because the project site is currently developed with a service station and the area surrounding the project site is commercial development and residential development, it is expected that the proposed project would not substantially damage any scenic resources such as trees, rock outcroppings, or historic buildings. c) No impact. The proposed project would result in an improvement to the aesthetics of the project site and would not degrade the existing visual character Of the surroundings. The existing service station with the .proposed enlargement of the existing convenience store and drive-thru carwash addition are designed to be compatible with the community character and provide an aesthetically pleasing appearance. Architectural details enhance the overall design and features such as, cornices/molding trim, stucco, stone accent, tile roof and trellises provide interest to the exterior wall surfaces. Proposed landscaping will enhance the overall appearance of the site and soften the building edges. d) No Impact. The existing service station is currently a minor source of light in this area where commercial development is prominent. The existing convenience store would be increased in size because the square footage of the two remaining service bays would be incorporated into the. square footage of the convenience mart. Therefore, the total square footage of structure on site would be 2,420 square including drive-thru carwash addition. As such, the existing permitted lighting would remain. The existing. lighting is developed according to the Diamond Bar Municipal Code, shielded and directed within the property boundaries. 3.1.2 CUMULATIVE IMPACTS The proposed project is an existing service station; therefore, all permanent aesthetic changes would be visual improvements. All construction -related visual impacts would be temporary and cumulative impacts would be less than significant. 3.1.3 STANDARD CONDITIONS OF APPROVAL ® All outdoor lighting shall comply with Development Code Section 22.16.050, Exterior Lighting. Less Than 3.2 AGRICULTURAL RESOURCES Potentially Significant Less Than Significant With Significant No a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland ❑ ❑ ❑ N Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a El 171❑ Williamson Act contract? c) Involve other changes in the existing environment which, .due to their location or nature, could result in ❑ ❑ ❑ N conversion of Farmland, to non-agricultural use? 3.2.1 AGRICULTURAL RESOURCES ANALYSIS a) No Impact. There are no agricultural activities on or near the proposed project site. The subject site is within an urban area. Existing uses in the area include shopping centers, restaurants, and service stations. The project would not convert land designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, according to 1997 Natural Resource Conservation Service mapping, to non-agricultural uses. ,b) No Impact. The project site is currently zoned Regional Commercial (C-3) and would not conflict with agricultural zoning. The project site is not covered by a Williamson Act contract. c) No Impact. The proposed project is within a highly urbanized area and would not impact any agricultural land or farmland. 3.2.2 CUMULATIVE IMPACTS The project would not directly or.cumulatively impact agricultural resources. 3.2.3 STANDARD CONDITIONS OF APPROVAL None. Page 17 of 51 Less Than 3.3 AIR QUALITY Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact imps a) Conflict with or obstruct implementation of the applicable ❑ ❑ ❑ air quality plan? b) Violate any air quality standard or contribute ❑ ® ❑ substantially :to an existing or projected air quality ❑ violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non- ® Elattainment under an applicable federal or state ambient Cl❑ air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ® ® ❑ concentrations? e) Create objectionable odors affecting a substantial ❑ ❑ ® ❑ number of people7 3.3.1 AIR QUALITY ANALYSIS. a) No Impact. The proposed project does not involve long-term changes to land use or other growth -inducing actions that could impact compliance with or implementation of the Air Quality Management Plan. b) Less than Significant impact. Construction activities related to the proposed project would not impact air quality. Maximum construction emissions and the South Coast Air Quality Management District's thresholds for significance for daily emission of pollutants are presented in Table 3.1 below. As shown, the thresholds for maximum daily construction emissions for pollutants are not exceeded and no mitigation is required. TABLE 3.1 CONSTRUCTION EMISSIONS AND POUNDS MD SIGNIFICANCE THRESHOLDS pollutant Carbon volatile, Oxides of Oxides of Particulate Monoxide organic Nitrogen Matter (co) Compounds (NOx) Sulfur (SOX) (PM10) (VOC) Maximum daily construction 0.79 0.14. 0,01 0.00 0.00 emissions SCAQMD significance 550 75 100 150 150 thresholds for constructionNo No Significant? No No No Source: Sample operational Scenarios for Projects Less Than Five Acres in Size, SCAQMD; Feb. 2005. After the completion of the construction activities, there could be an increase in emissions from operational activities due to a minor increase in motor vehicle traffic associated with the operation of the service station. However, the proposed project traffic analysis discussion (3.15) shows no increase in motor vehicle traffic due to the proposed project. Therefore, these impacts would be less than significant, as shown in Table 3.2 below. The emissions estimates were calculated with the California Air Resources Board's URBEMIS 2002 model and the project design specifications. As shown, the thresholds for maximum operational daily emissions for pollutants are not exceeded and no mitigation is required. TABLE 3.2 OPERATIONAL EMISSIONS AND SCAQMD SIGNIFICANCE THRESHOLDS ON A ONE -ACRE OR LESS SITE (Pounds/day) c) Less Than Significant Impact. As discussed in (b) above, the pollutant load generated by the construction and operation of the proposed project is well below the threshold for significance for all pollutants. Therefore, neither the construction nor the operation of the proposed project would result in cumulatively considerable net increases of criteria pollutants. d) Less Than Significant with Mitigation. Although fugitive dust emissions from construction activities would be well below SCAQMD emission thresholds, compliance with South Coast Air Quality Management District Rule 403, which would reduce PMto and PM2.5 emissions, would protect nearby sensitive uses such as the Montessori School from exposure to fine particulates. Rule 403 requirements include the following measures: demolition debris will be watered as frequently as necessary to prevent fugitive dust, all stockpiles will be covered with tarps, and all truckloads of soil and debris will be securely covered with tarps before traveling on streets and highways. The proposed project has six existing pumps within one island. Because gasoline vapors are composed of VOCs that contain toxic air compounds, the operation of the gas station has the potential to impact nearby sensitive receptors. SCAQMD Rules 201 and 203 require a permit to construct and operate gas stations. In addition, SCAQMD Rule 1401 "New Source Review of Toxic Air Contaminants" requires the health risk assessment be performed for the gas station before the SCAQMD issues a permit for construction and operation of the gas station. e) Less than Significant Impact. Odors may result during construction from diesel particulate emissions from some construction equipment and trucks. However, Page 19 of 5i Pollutant Carbon Monoxide Volatile Organic Oxides of Oxides of Particulate (CO} Compounds Nitrogen (Nox) Sulfur (SOx) Matter (PMto) (VOC) Total Project Emissions 79.12 5.51 7.35 0.05 7.19 SCAQMD significance 550 55 55 150 150 thresholds for operation Significant? No No No No No Source: Sample Operational Scenarios for Projects Less Than Five Acres in Size, SCAQMD, Feb. 2005. c) Less Than Significant Impact. As discussed in (b) above, the pollutant load generated by the construction and operation of the proposed project is well below the threshold for significance for all pollutants. Therefore, neither the construction nor the operation of the proposed project would result in cumulatively considerable net increases of criteria pollutants. d) Less Than Significant with Mitigation. Although fugitive dust emissions from construction activities would be well below SCAQMD emission thresholds, compliance with South Coast Air Quality Management District Rule 403, which would reduce PMto and PM2.5 emissions, would protect nearby sensitive uses such as the Montessori School from exposure to fine particulates. Rule 403 requirements include the following measures: demolition debris will be watered as frequently as necessary to prevent fugitive dust, all stockpiles will be covered with tarps, and all truckloads of soil and debris will be securely covered with tarps before traveling on streets and highways. The proposed project has six existing pumps within one island. Because gasoline vapors are composed of VOCs that contain toxic air compounds, the operation of the gas station has the potential to impact nearby sensitive receptors. SCAQMD Rules 201 and 203 require a permit to construct and operate gas stations. In addition, SCAQMD Rule 1401 "New Source Review of Toxic Air Contaminants" requires the health risk assessment be performed for the gas station before the SCAQMD issues a permit for construction and operation of the gas station. e) Less than Significant Impact. Odors may result during construction from diesel particulate emissions from some construction equipment and trucks. However, Page 19 of 5i these odors would be short-term (only during construction activities) and would only be generated during the daytime and weekday hours of operation. The long- term operation of the project would only generate a small amount of odor that may be detected by the individual filling his or her vehicle which currently exists now. 3.2.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact air quality. 3.3.2 Standard Conditions of Approval ■ Project shall comply with South Coast Air Quality Management District Rule 403 during the demolition of the existing service band and construction of the addition to the existing convenience store and addition of carwash in order to ensure compliance with AQMD thresholds related PMfo and PM2.5 emissions: ■ Before issuance of a building permit for the project, a permit from the SCAQMD, per Rules 201 and 203, to construct and operate gas stations shall be obtained. Less Than Potentially Significant Less Than 3.4 BIOLOGICAL RESOURCES Significant With Significant No Impact Mitigation Impact Impact Would the ro'ect: a) Have a substantial adverse effect, either directly or through habitat modification, on any species identified El as a candidate, sensitive, or special status species in ElEl local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? 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 California ❑ Department of Fish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water ❑ ❑ Act (including, but not limited to, marsh, vernal pool, ❑ jcoastal, 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 El Elestablished native resident or migratory wildlife ❑ corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting a 2 biological resources, such as a tree preservation policy El or ordinance? f) Conflict with the provisions of an adopted Habitat ElConservation Plan, Natural Community Conservation El El Plan, or other approved local, regional, or state habitat conservation Ian? 3.4.1 BIOLOGICAL RESOURCES ANALYSIS a) No Impact. The proposed project site is developed with an existing. service station. There would be no impacts either directly or through habitat modification on any candidate, sensitive or special status species identified by the local, regional, state, or federal government. b) No Impact No riparian or other special status natural communities occur within the proposed project boundaries. c) No Impact. The project site does not contain wetlands. d) No Impact. The project site is located within a fully urbanized area adjacent to a major freeway and does not serve as a migratory corridor for wildlife. e) No Impact Tree preservation and protection are regulated by the City of Diamond Bar Municipal Code, Chapter 22.38. Under this ordinance, damage to protected trees such a native oak, walnut, sycamore and willow trees is prohibited. There are no protected trees on the site. t) No Impact The project site does not fall within the boundaries of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. 3.4.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts to biological resources. The project would be constructed as proposed on an existing commercial site with no sensitive biological resources. 3.4.3 Standard Conditions of Approval None. Less Than 3.5 CULTURAL RESOURCES Potentially Significant Less Than Significant With Significant No Would the project: a) Cause a substantial adverse change in the significance historical El II of a resource as defined in §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological El El resource or site or unique geologic feature? d) Disturb any human resources, including those interred 0 outside offormal cemeteries? El El Page 21 of 51 3.5.1 CULTURAL RESOURCES ANALYSIS a) No Impact. The project site was developed with the existing service station in 1971 in an area surrounded by commercial development. In addition, the proposed remodel and addition to the existing service station does not display an exceptional architecture style and does not have any known cultural significance to the larger community; therefore, no impact would occur. b) No Impact. The proposed project is located on the site of existing commercial development that has been fully graded. The proposed project does not involve grading activities. Therefore impacts to archaeological resources are unlikely. c) No Impact. The proposed project does not involve grading activities. Therefore, the proposed project would not be expected to adversely affect any paleontological resources. d) No impact. As previously discussed, grading activities are nota component of the proposed project. Therefore, construction of the proposed project would not be expected to adversely affect any human resources, including those interred outside of formal cemeteries. 3.5.2. CUMULATIVE IMPACTS As referenced above, the proposed project would not result in cumulative impacts to any historic, archeological, or paleontological resources. 3.5.3 STANDARD CONDITIONS OF APPROVAL None_ II 3.6 GEOLOGY AND SOILS Less Than Potentially Significant Less Than Significant With Significant a), Expose people or structures to potential substantial adverse effects, including the riskofloss, injury,- or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the ❑ area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ iii) Seismic -related ground failure, including liquefaction? ❑ iv) Landslides? ❑ b) Result in substantial soil erosion or the loss of topsoil? ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in onsite or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? 3.6.1 GEOLOGY AND SOILS ANALYSIS II N ❑ ❑ ❑ ❑ ❑ ❑ No 0'', IEl an a) i) No Impact. According to the California Geological Survey, the City of Diamond Bar is not affected by an Alquist-Priolo Earthquake Fault Zone (APEFZ) (CGS website, accessed August 6, 2006). No active faults are known to traverse the project site. ii) Less Than Significant Impact. The majority of the State of California, including the proposed project site, lies within Seismic Zone 4, the highest -level hazard zone designated by the current Uniform Building Code (UBC). The City of Diamond Bar Building Code incorporates UBC and the California Building Code, or CBC, for projects where each applies. Implementation of these design standards results in increased resistance to earthquakes; however, in the event of a major seismic event, no structure is completely safe from damage. Nevertheless, construction performed in accordance with the applicable standards and codes would ensure that impacts related to ground -shaking would be less than significant. Page 23 of 51 iii) Less Than Significant impact. The proposed project area is surrounded by previously stabilized, level terrain that has already accommodates commercial development. Soils under the project site were previously mitigated to the extent necessary to safely accommodate the existing development of the site. The construction activities would take place on existing building footprints. Given that the site is already developed and the proposed project would not require any grading, the potential for seismically -related liquefaction is less than significant. iv) Less Than Significant Impact. As mentioned above, the proposed project area is surrounded by previously stabilized, level terrain that has already been fully developed. The potential for seismically -related landslides is less than significant. h) Less Than Significant impact. The largest source of erosion, particularly in an urban environment, is uncontrolled drainage during construction. Erosion potential during construction would be managed to the maximum extent practicable with Best Management Practices (BMPs). As discussed in Section 3.8 Hydrology and Water Quality, the proposed project is required to be covered under the National Pollutant Discharge Elimination System (NPDES) General Construction permit; therefore construction BMPs would be implemented on the project site during demolition and construction activities to minimize erosion impacts. Implementation of the construction -related BMPs would reduce potential construction -related impacts to the maximum extent feasible. The operation of the project site would not cause the loss of topsoil or erosion because the site would be entirely paved with impervious surfaces. c) Less Than Significant Impact. As described above, the proposed project is located on a site that is already developed. Soils under the project site were . previously mitigated to the extent necessary to safely accommodate the development of the site. Therefore, the proposed project would result in less than significant impacts related to development on an unstable soil unit. d) Less Than Significant impact. As described above, the project site is stable and already developed. Soils under the project site were previously mitigated to the extent necessary to safely accommodate the development of the site and it is assumed that any danger posed by expansive soils was addressed in the initial development. Therefore, potential impacts from expansive soils would be less than significant. e) No Impact. The project would be served by the public sewer system, thus there is no impact on soils inadequately capable of supporting the use of septic tanks or.alternative waste water disposal systems. 3.6.2 CUMULATIVE IMPACT Generally, geotechnical issues are site-specific and are usually limited to areas within the development boundaries of the project site. Any incremental contribution of the proposed project to soils and geological impacts is not considered cumulatively considerable because: development of the project site would comply with the applicable requirements of the Uniform Building Code and the mitigation requirements identified below would be implemented. These requirements would avoid any cumulative geotechnical impacts that may occur on the site. 3.6.3 STANDARD CONDITIONS OF APPROVAL ® All structures shall conform to the City of Diamond Bar's Building Code, which incorporates UBC and the California Building Code requirements. ® Prior to the issuance of any permits for construction of the proposed project, the project applicant shall obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. Pursuant to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. 3.7 HAZARDS/HAZARDOUS MATERIALS Less Than Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact 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 conditions Involving the release of hazardous El 171 ® El materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste El 1:1 one -quarter -mile of an existing or proposed ® El school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, ❑ ❑ ❑ would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the ❑ ❑ ❑ project result in a safety hazard for 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 project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency ❑ ❑ ❑ evacuation plan? Page 25 of 51 Less Than 3.7 HpZARDSIHAZARDOUS MATERIALS Potentially Significant Less Than Significant With Significant No Would the project: h) 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? 3.7.1 Hazards and Hazardous a) The construction of the proposed project would not involve the routine transport, use, or disposal of hazardous materials. Demolition activities for the proposed project include the removal of one existing service bay and one wall between the remaining service bays and existing convenience store. However, demolition debris from the removal of the existing building, which was constructed in 1971, has the potential to contain lead-based paint and/or asbestos. If these materials are present, then demolition activities on the project site would disturb these hazardous substances, and potentially detach them from the surface of the structure and expose workers and/or residents to these materials. Additionally, transporting these materials off-site to an appropriate hazardous waste handling facility could result in the dispersal of these materials. However, the risks associated with demolition activities and transport of hazardous materials is adequately addressed by existing federal and state laws. In order to minimize the potential impacts of demolition activities on the health of construction workers, the California Code of Regulations, Title 8, California Occupational Safety and Health Administration (Cal/OSHA) developed safety and health management standards to minimize workplace hazards. Chapter 4 Division of Industry Standards, Subchapter 4 Construction and Safety Orders, Article 4, describes regulations relating to dust, fumes, mists, vapors, and gases. Section 1529 details the requirements for construction and demolition activities as they relate to asbestos and Section 1532.1 presents the requirements related to the handling of materials containing lead. The South Coast Air Quality Management District (SCAQMD) regulates demolition and construction activities that may release asbestos into the air. Rule 1403 specifies procedures and requirements for asbestos surveying, notification, removal, handling and clean-up procedures, and storage, disposal and landfilling requirements. Compliance with these SCAQMD requirements would reduce potential exposure impacts to less than significant. The Hazardous Materials Transportation Act administered by the U.S. Department of Transportation governs the transport of hazardous materials. The California Department of Transportation (Caltrans) implements the federal regulations published as the Code of Federal Regulations (CFR), Title 49, known as the Hazardous Materials Transportation Act. These laws regulate the handling and transport of hazardous waste materials. With the inclusion of Standard Conditions of Approval below, the potential impact associated with demolition activities and the short-term transport of hazardous waste materials from the project site would be less than significant. Except for the gas station use of the proposed project, the operational characteristics of the project site would not include activities that involve hazardous wastes or materials. In terms of transporting gasoline, refueling gas pumps and site operations, gas stations are regulated by state and federal laws and the project is required to be in compliance with theselaws. As discussed under air quality impacts, a permit is required to be obtained from the SCAQMD for the construction and operation of the gas station portion of the project. Consequently, the long-term operation of the project. site would not create a hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials. b) Less Than Significant Impact. Neither demolition nor construction activities for the proposed project would create a hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. The federal and state regulations discussed above and construction permits from the City would ensure that demolition activities would not expose people to hazardous substances. Operational activities of the service station on the project site would involve the use or transport of hazardous substances that are required to be in compliance with state and federal law. Therefore, there the possibility of accidentally releasing hazardous materials into the environment is less than significant. c) Less Than Significant Impact. The only hazardous emissions that would be emitted from the project site would be diesel exhaust from construction equipment and the dispensing of fuel. The dispensing of fuel is subject to all Federal requirements. If asbestos or lead based paint is found in the existing structures, then the hauling of that debris could pose a hazard to nearby sensitive receptors. There are three schools located within one mile of the project site, which are summarized in Table 3.3 below. One of the schools, Diamond Bar Montessori Academy, is located within 0.11 mile of the project site. TABLE 3.3 SCHOOLS WITHIN ONE MILE OF PROJECT SITE Page 2/ or 51 Distance from: School Name Address Project Site Diamond Bar Monte$sori 23555 Palomino Dr. Academy Diamond Bar, CA 0.11 mile Mt. Calvary Lutheran School 23300 Golden Springs Dr. 0.44 mile Armstrong Elementary 22750 Beaverhead Dr. School Diamond Bar, CA 0.44 mile Lorbeer Middle School 5019. Diamond Bar. Blvd. 0.50 mile Golden Springs Elementary School 245 Ballena Dr. 0.61 mile Source: Map Quest 2006 Page 2/ or 51 However, the schools within the project vicinity would not be exposed to potentially hazardous materials because the demolition activities are short-term and must be conducted according to federal and state regulations regarding demolition .activities. Trucks carrying demolition materials would use Diamond Bar Blvd. and the 60 or 57 Freeways and not local streets such as Palomino Drive. Compliance with applicable regulations for the hauling of hazardous waste, if required, would ensure that impacts to sensitive receptors, including neighboring single family homes and Lorbeer Middle School and Mt. Calvary Lutheran School (which may be along the haul route) would ensure that potential impacts to schools would be less than significant. d) No Impact. The proposed project site is not listed as a hazardous materials site pursuant to Government Code Section 65962.5. e) No Impact. The project is not located within an airport land use plan and is not within a crash hazard zone. fl No Impact. The proposed project is not located in proximity to a private airstrip. g) No Impact. The proposed project would not impair the implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan. h) No Impact. The proposed project would not expose people or structures to significant risk involving wildland fires. The proposed project is in an urban environment and not adjacent to open space or wildland areas. 3.7.2 CUMULATIVE IMPACTS The proposed project would not result in cumulative impacts for hazards and hazardous materials. None of the projects listed. in Table 2.2 in Section 2.4 - Related Projects, would involve the demolition of structures in the vicinity of the project site or would be using the same haul route as the proposed project. 3.7.3 STANDARD CONDITIONS OF APPROVAL If hazardous materials are present in construction debris, then any and all hazardous waste materials shall be transported off-site by a properly licensed hazardous waste hauler, who must be in compliance with the Department of Transportation regulations under Title 49 CFR 171-179 and under 40 CFR 263 (Subtitle C of RCRA). If hazardous materials are present in construction debris, then demolition activities shall be performed in compliance with all applicable federal and state regulations, including Cal/OSHA and SCAQMD Rule 1403 regulations and procedures. Before issuance of a demolition permit by the Building and Safety Division, the applicant will be required to notify the SCAQMD regarding the proposed demolition and show proof that all SCAQMD requirements n...... — -1 F4 relating to asbestos testing and removal and lead paint removal have been met. 3.8.1 HYDROLOGY AND WATER QUALITY ANALYSIS a) Less Than Significant Impact. Demolition and construction activities on the site have the potential to contribute sediment -laden runoff and pollutants from earth disturbance and heavy equipment leaks into the storm sewer system during rain events. The State Water Resources Control Board (SWRCB), Division of Water Quality issues NPDES stormwater permit for general construction activities. The Los Angeles Regional Water Quality Control Board (LARWQCB) enforces the NPDES program for the State of California within its jurisdiction, which includes Page 29 of 51 Less Than . 3.8 _HYDROLOGY.AND WATER QUALITY Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Would theproject: a) Violate any water quality standards or waste discharge 1771 11® requirements? ❑ b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production ❑ ❑ ® ❑ rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a El 11 ® F1stream or river, in a manner that would result in substantial erosion or siltation onsite or offsite? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or ❑ ❑ ® ❑ amount of surface runoff in a manner that would result in flooding onsite or offsite? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage ❑ El ® systems or provide substantial additional sources of ❑ pollutant runoff? D Otherwise substantially degrade water quality? ❑ ❑ ❑ g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood El El EJInsurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures E)❑ ❑ which would impede or redirect flood flows? 1) Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a ❑ ❑ ❑ result of the failure of a levee or dam? 3.8.1 HYDROLOGY AND WATER QUALITY ANALYSIS a) Less Than Significant Impact. Demolition and construction activities on the site have the potential to contribute sediment -laden runoff and pollutants from earth disturbance and heavy equipment leaks into the storm sewer system during rain events. The State Water Resources Control Board (SWRCB), Division of Water Quality issues NPDES stormwater permit for general construction activities. The Los Angeles Regional Water Quality Control Board (LARWQCB) enforces the NPDES program for the State of California within its jurisdiction, which includes Page 29 of 51 the City of Diamond Bar. Dischargers whose projects disturb one or more acres of soil are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (Construction General Permit, 99-08-DWQ). Coverage under the Construction General Permit is accomplished by completing and filing a Notice of Intent with the SWRCB and by preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) prior to grading. The primary objective of the SWPPP is to identify, construct, implement, and maintain Best Management Practices (BMPs) to reduce or eliminate pollutants in stormwater discharges from the construction site. The SWPPP must include BMPs the discharger would use to protect storm water runoff during construction and the placement of those BMPs. Additionally, a SWPPP must include a site map, a visual monitoring program, and a chemical monitoring program for "non-visible" pollutants to be implemented if there is a failure of a BMP. BMPs most often used during construction activities include surrounding the construction site with sand bags and/or silt fencing to minimize sediment-laden runoff from entering the storm drain system, temporary desilting basins, and timing the grading activities to avoid the rainy season. Appropriate BMPs would be applied during grading and construction activities, which would ensure that short-term construction-related water quality impacts would be less than significant. Operational activities on the site would not violate water quality standards. The use of pesticides/herbicides on landscaping would be minimal and comparable to existing amounts. Because the proposed project involves the construction of a carwash and enlarging the convenience store, and demolishing one existing service bay, it is subject to the requirements of the Standard Urban Storm Water Mitigation Plan (SUSMP). Best management practices (BMPs) are required to be incorporated into the project plans for both construction and post-construction activities in compliance with the National Pollution Discharge Elimination System (NPDES) regulations. A standard condition of approval will require the developer/applicant to submit a SUSMP report/plan for review and approval before issuance of building permits. b) Less than Significant Impact. The proposed project would not significantly impact supplied by the Walnut Valley Water District. The District provides water service to the City. The District purchases imported water from the Three Valleys Municipal Water District, a member agency of the Metropolitan Water District of Southern California (MWD). The District is completely dependent on imported water and obtains this water almost entirely from MWD; therefore, impacts to groundwater would be less than significant. Potable groundwater is not available within the District's boundaries. This project design would result in a very small increase in impervious surface on the site. A convenience mart, carwash building and canopy will cause a total increase in floor area of approximately 390 square feet. As a result, the total square footage of structure at the completion of the project will be 2420. This change in impervious cover is not significant, as the total footprint represents less than 11 percent of the total site area. Therefore, project would not create ,substantial amounts of impervious surfaces that could impact the amount of groundwater recharge in the project area and potential impacts would be less than significant, c) Less than Significant Impact. Runoff from the project site is currently accommodated through the storm drain system maintained by the Los Angeles County Flood Control District. The proposed project would be subject to NPDES requirements as stated above. d) Less than Significant Impact. As previously discussed, this project design would result in a very small increase in impervious surface on the site. An additional 390 square feet of floor area would result in new impervious cover that represents less than 2 percent of the total site area. Furthermore, the project design contains new landscape areas. Additional new landscaping elements would negate the increase in impervious surface. Therefore, stormwater runoff amounts and rates would not be increased significantly. e) Less than Significant Impact. As mentioned in 3.8.1. (b) and (d) above, the proposed project would not significantly increase the amount of impervious cover on the project site, thus there would not be a significant change to the amount of stormwater entering the storm drain system. The capacity of the stormwater drainage system would not be impacted by the proposed project. t) Less Than Significant Impact. As previously discussed, compliance with NPDES permit requirements, including the development of a SWPPP and implementation of BMPs, would ensure that construction activities would not degrade water quality. Operational activities on the site may increase the amount of commercial uses on the site, thereby potentially increasing the amount of vehicle traffic that would visit the site. However, the project is subject to SUSMP requirements for additional BMPs for water quality. Therefore, potential water quality impacts would be less than significant. g) No Impact, The project would not place housing within a 100 -year flood plain, as mapped by on a Federal Flood Hazard Boundary or Flood Insurance Rate Map, or other flood hazard delineation map. h) No Impact. The proposed project would not place structures within a 100 -year flood hazard area or impede or redirect flows within a 100 -year floodplain. i) No. Impact. The project would not expose people or buildings to any risk of flooding. j) No Impact. The proposed project would not expose people or structures to inundation by seiche, tsunami, or mudflow. The project site is not adjacent to a reservoir or lake that could experience seiche during ground -shaking events. The project site is located over 25 miles from the ocean and would not be in danger from a tsunami event. The project is located on relatively level ground and would not expose people or structures to a significant risk involving mudslides. Page 31 of 51 3.8.2 CUMULATIVE IMPACTS The project would not result in cumulatively considerable impacts related to hydrology or water quality. Potential water quality impacts associated with construction activities would be mitigated through the use of BMPs, pursuant to coverage under the NPDES permits for construction and operation of the gas station. Additionally, operational water quality impacts from the proposed project would be less than significant. ,Because the project would be generating only minimal amounts of additional pollutants attributable to additional vehicle trips to the site, cumulative hydrology impacts would not be cumulatively considerable. 3.8.3 STANDARD CONDITIONS OF APPROVAL ® Prior to the issuance of a grading permit for construction of the proposed project, the project applicant shall provide proof of obtain coverage under the NPDES General Storm Water Permit for Storm Water Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project applicant shall file a Notice of Intent, prepare a, SWPPP, and submit the appropriate fees to the State Water Resources Control Board, Division of Water Quality in order to obtain coverage for construction activities. Pursuant to the permit requirements, the project applicant shall minimize construction related pollutants in the site runoff through the implementation of Best Management Practices. A SUSMP report/plan is required to be submitted for review and approval to the Building and Safety Division of the City of Diamond Bar before issuance of building permits. Standard Urban Storm Water Mitigation Plan (SUSMP). Best management practices (BMPs) are required to be incorporated into the project plans for both construction and post -construction activities in compliance with the National Pollution Discharge Elimination System (NPDES) regulations, Less Than 3.9 LAND USE AND PLANNING Potentially Significant Less Than Significant With Significant No Would theproject: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project a (including, but not limited to the general plan, specific El El)� plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or El Cj ❑ natural community conservation Ian? 3.91 LAND USE AND PLANNING ANALYSIS a) No Impact. The project site contains an existing service station with one pump island, a convenience mart and three service bays. The proposed project would .— 19 n(Fi enlarge existing facilities by incorporation the square footage of the two existing bays into the mart and demolishing on existing service bay and adding a drive- thru carwash. Except for the carwash, no new land uses are proposed. The project would not divide an established community. b) Less Than Significant Impact. In accordance with Title 22 of the City of Diamond Bar Development Code, the project applicant has requested the _following -approvals: Conditional Use Permit (CUP) approval is required for a carwash use with the appropriate findings. (1) 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 this development code and the Municipal Code; (2) The proposed use is consistent with the general plan and any applicable specific plan; (3) The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; (4) 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; (5) 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; and (6) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Development Review approval is required for the remodel/architectural change to the existing building and the carwash addition with the appropriate findings. (1) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; (3) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan; (4) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; Page 33 of 51 (5) The proposed development will not be detrimental to the public health, safety: or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and (6) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Comprehensive Sign Program (CSP) approval is required for monument and wall signs with the appropriate findings (1) The CSP satisfies the purpose of this chapter and the intent of this section; (2) The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the CSP and to the structure and/or uses they identify, and to surrounding development; (3) The CSP accommodates future revisions that may be required due to changes in uses or tenants; and (4) The CSP complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter. Minor Variance (MV) approval is required to allow 13 percent landscaping of the project site instead of the required 15 percent with appropriate findings: (1) There are special circumstances applicable to the property(e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; (2) Granting the Minor 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 Minor Variance is sought; (3) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan; and (4) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. After approval of the following actions by the City of Diamond Bar, the development of the proposed project would be in compliance with all applicable City of Diamond Bar plans, policies, and regulations. Impacts to land use would be less than significant. c) No Impact. The proposed project site is not located within any habitat conservation plan or within a natural community conservation plan. 3.9.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact land use or planning. 3.9.3 STANDARD CONDITIONS OF APPROVAL In accordance with Chapter 22 of the City of Diamond Bar Municipal Code, the applicable reviewing agency within the City of Diamond Bar will review the project's application for Conditional Use Permit 2005-07, Development Review No. 2005-36, Comprehensive Sign Program No. 2006-06 and Minor Variance No. 2006-05 and ensure that the project is in compliance with all applicable City of Diamond Bar plans, policies, and regulations. 3.10 MINERAL RESOURCES Less Than Potentially Significant Less Than Significant With Significant No Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the ❑ ❑ ❑ residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local ❑ ❑ ❑ general pian, specific Dian. or other land use Dian? 3.10.1 MINERAL RESOURCES ANALYSIS a) No Impact. The proposed project would not involve the development of land that could potentially result in the loss of a known mineral resource of value to the region or the state. b) No Impact. The project site is not designated as a locally important mineral resource recovery site in the General Plan. 3.10.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact mineral resources. 3.10.3 STANDARD CONDITIONS OF APPROVAL None. Page 35 of Less Than 3.11 NOISE Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan ❑ El ® El noise ordinance, or applicable standards of other agencies? Page 35 of 3.11.1 NOISE ANALYSIS a) Less Than Significant. The construction process would generate noise, primarily during demolition and material removal. The City of Diamond Bar City Code (DBCC) Chapter 8.12 Division 3, Section 8.12.720 prohibits construction -related noise between the hours of 7:00 p.m. and 7:00 a.m. Noise from the short-term (less than ten days) operation of mobile construction equipment may not exceed a maximum of 85 dB. Additionally, all mobile or stationary internal -combustion -engine powered equipment or machinery must be equipped with suitable exhaust and air-intake silencers in proper working order. Additionally, the addition of the carwash may result in higher levels of ambient noise during normal operation. Under DBCC Section 8.12.530, the exterior noise level for commercial properties is limited to 60 decibels (dB) during the daytime hours of 7:00 a.m. to 10:00 p.m. and 55 dB during the nighttime hours of 10:00 p.m. to 7:00 a.m. The proposed project site is located on a, commercial property and is not adjacent to a residential property. However, noise generated from the operation of the carwash may. exceed the noise limits. As a result, conditions of approval will require that the noise level of the carwash blower not exceed the City's noise standards for such a uses. b) Less Than Significant Impact. Demolition and/or construction activities have the potential to create groundborne vibration and/or groundborne noise levels. However, any impacts would be temporary and of minimal duration. Additionally, implementation of the construction hours would restrict these activities to daytime hours only. c) Less Than Significant Impact. The operation of the proposed project would be the same as the current condition, although there would be slightly more commercial Less Than Potentially Significant Less Than 3.11 NOISE Significant With Significant No Impact Mitigation Impact Impact Would the ro'ect result in: b) Exposure of persons to or generation of excessive El 1 ® ❑ groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels ❑ ❑ ❑ in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient ❑ ❑ ® ❑ noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles ❑ FJ ❑ of a public airport 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 171 El El project expose people residing or working in the nrni(-ct area to excessive noise levels? 3.11.1 NOISE ANALYSIS a) Less Than Significant. The construction process would generate noise, primarily during demolition and material removal. The City of Diamond Bar City Code (DBCC) Chapter 8.12 Division 3, Section 8.12.720 prohibits construction -related noise between the hours of 7:00 p.m. and 7:00 a.m. Noise from the short-term (less than ten days) operation of mobile construction equipment may not exceed a maximum of 85 dB. Additionally, all mobile or stationary internal -combustion -engine powered equipment or machinery must be equipped with suitable exhaust and air-intake silencers in proper working order. Additionally, the addition of the carwash may result in higher levels of ambient noise during normal operation. Under DBCC Section 8.12.530, the exterior noise level for commercial properties is limited to 60 decibels (dB) during the daytime hours of 7:00 a.m. to 10:00 p.m. and 55 dB during the nighttime hours of 10:00 p.m. to 7:00 a.m. The proposed project site is located on a, commercial property and is not adjacent to a residential property. However, noise generated from the operation of the carwash may. exceed the noise limits. As a result, conditions of approval will require that the noise level of the carwash blower not exceed the City's noise standards for such a uses. b) Less Than Significant Impact. Demolition and/or construction activities have the potential to create groundborne vibration and/or groundborne noise levels. However, any impacts would be temporary and of minimal duration. Additionally, implementation of the construction hours would restrict these activities to daytime hours only. c) Less Than Significant Impact. The operation of the proposed project would be the same as the current condition, although there would be slightly more commercial space and the addition of the carwash. More commercial space would contribute to very minor increase in ambient noise level from a minor increase in activity and traffic. Increases in vehicular traffic noise would be predominantly during daytime hours and would not be enough to significantly impact adjacent land uses. The addition of the carwash may result in an increase in ambient noise levels at the project site. However, the applicant will be limited to the hours and day of construction specified in the City's Development Code and the carwash use would not be allowed to exceed the noise level specified in the Code. d) Less Than Significant. Construction activities would require the use of trucks to haul off demolition debris and bring construction materials to the site, which would contribute to ambient noise in the project area. The truck noise would be temporary and sporadically distributed throughout the construction activities and would be limited to between the hours of 7 a.m. to 8:00 p.m. daily except Sundays and legal holidays. Operation of the carwash would be limited to between the hours of 7:00 a.m. and 8:00 p.m. Before development of the site, the developer/applicant will be required to show proof that the carwash will not exceed the maximum dBA through a noise study or other proof such a manufacturer's specifications. e) No Impact. The proposed project is not located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport. f) No Impact. The proposed project is not within the vicinity of a private airstrip 3.11.2 CUMULATIVE IMPACTS The proposed project would contribute construction noise to the ambient sounds of the surrounding area. However, this contribution would not be cumulatively considerable. Peak noise periods would be short-term and of minimal duration. Additionally, the project noise levels would not be substantially increased by the construction activities of other projects listed in Table 2.2 in Section 2.4- Related Projects due to the distances between sites. Operational ambient noise would also be increased by the proposed project. However, the minor increase in vehicular traffic noise associated with the project would not be cumulatively considerable because there are no traffic inducing developments located in direct proximity to the single-family neighborhood surrounding the project site. Cumulative impacts would be less than significant. 3.11.2 STANDARD CONDITIONS OF APPROVAL ® The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBCC Chapter 8.12. ® Before issuance of building permits, applicant/developer shall submit a noise study to the Planning Division showing that the operation of the carwash will not exceed 60dBA or submit manufacturer's specifications showing that the operation of the carwash will not exceed the maximum 60 dBA during operation. Additionally, when the carwash is operating the doors shall be closed. Page 37 of 51 Less Than FF312POPULATION AND HOUSING Potentially Significant Less Than Significant With Significant No lm act Mitigation Impact Impact a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 3.12.1 POPULATION AND HOUSING ANALYSIS a) No Impact: The proposed project would have no impact on population or housing and would not induce population growth. b) No Impact: The proposed project would not eliminate existing housing or necessitating the construction of replacement housing elsewhere. c) No Impact: The proposed project would not displace current residential land uses or cause the development of housing elsewhere. 3.12.2 CUMULATIVE IMPACTS The project would not directly or cumulatively impact population and housing. 3.12.3 STANDARD CONDITIONS OF APPROVAL None. 3.13 PUBLIC SERVICES Less Than Significant Less Than With Significant No a) Would the project result in substantial adverse physical hysically impacts. associated _with the provision of new or physically- altered altered government facilities, need for new or physically altered government facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services: ❑ ❑ ® ❑ Fire protection? ❑ ❑ ® ❑ Police protection? ❑ ❑ ❑ Schools? ❑ ❑ ❑ Parks? ❑ ❑ ❑ Other publicfacilities? 3.13.1 PUBLIC SERVICES ANALYSIS a) Fire Protection- Less Than Significant Impact: Because the proposed project would slightly increase the amount of commercial square footage at the project site, there would be an increased need for fire protection services. However, this need would be relatively small and would not result in substantial adverse impacts associated with the provision of new or physically altered fire protection facilities. Police Protection- Less Than Significant Impact. Because the proposed project would increase the amount of commercial square footage at the project site, there would be an increased need for police protection services. However, this need would be relatively small and would not .result in substantial adverse impacts associated with the provision of new or physically, altered police protection facilities. Schools- No Impact. The proposed project does not involve the development of residential land uses that could require additional school services. The project would not require an increase in school services or resources. Parks- No Impact. Because the project is a commercial development that would not generate an additional need for park facilities, there would be no direct impact on park services. Page 39 of 51 Other Public Facilities- No Impact: No other public facilities would be impacted by the proposed project. 3.13.2 CUMULATIVE IMPACTS The proposed project would require minor increases in fire and police protection services due to the increased square footage associated with the proposed project. However, the property tax generated by the additional square footage as well as sales tax revenue generated by the project would be available to the City of Diamond Bar to compensate for the additional services required. 3.13.3 STANDARD CONDITIONS OF APPROVAL None. 3.14.1 RECREATION ANALYSIS a) No Impact. The proposed project would not increase the use of existing park and recreational facilities. b) No Impact. The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that would have an adverse environmental impact. 3.14.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulative impacts on neighborhood or regional recreational facilities. 3.14.3 STANDARD CONDITIONS OF APPROVAL None. Less Than 3.14 RECREATION Potentially Significant Significant With Less Than Significant No Impact Mitigation Impact Impact Would/does the project: a) Would the project increase the use of existing and regional parks or other recreational E El neighborhood facilities such that substantial physical deterioration of the facility would occur or be accelerated?. b) Does the project include recreational facilities or require of recreational facilities El [] the construction or expansion which might have an adverse physical effect on the El 3.14.1 RECREATION ANALYSIS a) No Impact. The proposed project would not increase the use of existing park and recreational facilities. b) No Impact. The proposed project does not include recreational facilities or require the construction or expansion of recreational facilities that would have an adverse environmental impact. 3.14.2 CUMULATIVE IMPACTS The proposed project would have no direct or cumulative impacts on neighborhood or regional recreational facilities. 3.14.3 STANDARD CONDITIONS OF APPROVAL None. Less Than 3.15 TRANS PORTATIONITRAFFIC Potentially Significant Less Than Significant With Significant No 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 volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion ❑ ❑ ❑ management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or change in location that ❑ ❑ ❑ 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 equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, ❑ ❑ ® ❑ bicvcie racks)? 3.15.1 TRANSPORTATION/TRAFFIC ANALYSIS This analysis presented below is based on the finding of a Traffic Impact Analysis of the proposed Shell service station renovation project by Kunzman Associates dated July 31, 2006. . a) Less Than Significant Impact. Regional access to the project site is provided by the SR 60 (Pomona Freeway) via the interchanges at Diamond Bar Boulevard. Local access to the site is primarily provided by Diamond Bar Boulevard, which runs north -south along the western side of the project site. The Traffic Impact Analysis considered four nearby intersections that provide the primary regional and local access to the site. These intersections are shown in Figure 3-7 and include the following: Diamond Bar Blvd. (NS)at: Golden Springs Dr.(EW); Palomino Dr. (EW); SR 60 Freeway WE Ramps (EW); and SR 60 Freeway EB Ramps (EW). The Intersection Capacity Utilization (ICU) method was employed to analyze levels of service (LOS). The Highway Capacity Manual (HCM) methodology was used to analyze LOS at unsignalized intersections (project driveways). LOS D is the minimum level generally considered to be acceptable for urban intersections. The City of Diamond Bar's General Plan and Guideline for the Preparation of Traffic Impact Analysis Report (1992) calls for LOS D as the minimum acceptable Page 41 of 51 service level at intersection, while LOS C is the minimum for roadway segments. According to CMP guidelines, the minimum acceptable service level at CMP intersections is LOS E. A project impact would be considered significant if the LOS changed from D or better to an E or F. Table 3.4 below displays the existing levels of service during peak hours at the four intersections in the project study arca_ TABLE 3.4 Existing Intersection LOS ® As shown in Tables 3.4 and 3.5 above, most intersections considered in the study currently operate at LOS D or better during peak hours, except for Diamond Bar Blvd./EB SR -60 intersection that operates at LOS F in PM peak hour and Diamond Bar Blvd./Golden Springs Drive and Diamond Bar BIvd.IWB SR60 that operated at a LOS E .in PM peak hour. In order to compare the current service station related traffic to the potential project related traffic, the analysis calculated trip generation estimates. The generation factors and equations used were provided by the Seventh Edition of ITE Trip Generation Manual. The existing trip generation, projected trip generation under the proposed design, and the net difference are summarized in Table 3.5 below. It was estimated that the proposed project would not increase the Shell service station trip generation potential on a daily basis. TABLE 3.5 PROJECT TRIP GENERATION Dalljr , r AM Peak Hour rg T'� .jP:.Meak houe Iritersection' ICU ";',` LOS °, ICU;.-.. M 1. Diamond Bar Blvd.IGolden Springs Dr. 0.631 B .903 E 2. Diamond Bar Blvd./Palomino or 0.435 A 0.683 B 3. Diamond Bar Blvd./EB sR-60 on/off ramps 0.599 A 1.105 F A ni—nnri Rar Blvd.1WB SR -60 on/off ramps 0.828 D 0.926 E ® As shown in Tables 3.4 and 3.5 above, most intersections considered in the study currently operate at LOS D or better during peak hours, except for Diamond Bar Blvd./EB SR -60 intersection that operates at LOS F in PM peak hour and Diamond Bar Blvd./Golden Springs Drive and Diamond Bar BIvd.IWB SR60 that operated at a LOS E .in PM peak hour. In order to compare the current service station related traffic to the potential project related traffic, the analysis calculated trip generation estimates. The generation factors and equations used were provided by the Seventh Edition of ITE Trip Generation Manual. The existing trip generation, projected trip generation under the proposed design, and the net difference are summarized in Table 3.5 below. It was estimated that the proposed project would not increase the Shell service station trip generation potential on a daily basis. TABLE 3.5 PROJECT TRIP GENERATION 'For analysis purposes, no net difference is assumed. Two related projects were identified that had either been built but not yet fully occupied or were in the permitting process at the time of the study. In total, the two related projects included in the Year 2006 Cumulative' Base would generate approximately 12 trips during the a.m. peak hour and four during the p.m. peak hour. A comparison of values in Tables 3.6 and 3.7 indicates when existing p lus ambient conditions are compared with existing plusambient p project J Plus Dalljr , r AM Peak Hour rg T'� ' >,e. �M Peak Hour 'r Trip generation;? In ysi Outa 'Nota Gas station with convenience store 1,834 65 63 128 80 80 160 and carwash Existing gas station with 1,953 60 60 120 80 80 160 convenience store and three service bays 11 8 0 0 0 'For analysis purposes, no net difference is assumed. Two related projects were identified that had either been built but not yet fully occupied or were in the permitting process at the time of the study. In total, the two related projects included in the Year 2006 Cumulative' Base would generate approximately 12 trips during the a.m. peak hour and four during the p.m. peak hour. A comparison of values in Tables 3.6 and 3.7 indicates when existing p lus ambient conditions are compared with existing plusambient p project J Plus cumulative conditions, none of the intersections studied show a significant impact of 0.02 or more for LOS E or F, and the intersection LOS remains the same. Table 3.6 provides 2006 baseline conditions, year 2006 projected conditions with the cumulative traffic increases, year 2006 projected conditions with the cumulative traffic increases and the proposed project, and the ICU increase caused by the proposed project. The impact is deemed significant if there is an increase_ of at least 0.02 In ICU value for an intersection where the final LOS is E or F. As shown, the proposed project does not result in any significant impact in the Year 2006 scenario. Table 3.6shows the opening year 2007 without the project as follows: TABLE 3.6 OPENING YEAR 2007 WITHOUT PROJECT INTERSECTION CAPACITY UTILIZATION AND LEVEL OF SERVICE TABLE 3.7 OPENING YEAR 2007 WITH PROJECT INTERSECTION CAPACITY UTILIZATION AND LEVEL OF SERVICE Intersection AM peak'hour a ' P.;M� eakhour' Interson ecti ICU , t, ,'ILOSLOS....', LOS _ 1. Diamond Bar Blvd./Golden Springs Dr. 637 B 0.910 E (EW) 2. Diamond Bar Blvd./Palomino Dr. (EW) 0.440 A 0.689 B 3. Diamond Bar Blvd./EB SR -60 on/off 0.606 B 1.116 F ramps (EW) 4. Diamond Bar Blvd./WB SR -60 on/off .0.838 D 0.934 E ramps(EW) TABLE 3.7 OPENING YEAR 2007 WITH PROJECT INTERSECTION CAPACITY UTILIZATION AND LEVEL OF SERVICE Intersection AM peak'hour a ' eak b P , . ICU ;i LOS M' IC;e1 " LOS _ 1. Diamond Bar Blvd./Golden Springs Dr. 0.637 B .0.910 E (EW) 2. Diamond Bar Blvd./Palomino Dr. (EW) 0.443 A 0.689 B 3. Diamond Bar Blvd./EB SR -60 on/off 0.607 B . 1.116 F ramps (EW) 4. Diamond Bar Blvd./WB SR -60 on/off 0.838 D 0.934 E ramps(EW) A comparison of values between Tables 3.6 and 3.7 indicates that when existing without and plus the proposed project for opening year 2007 does not have a significant on the ICU and the LOS remains the same. b) No Impact. None of the study intersections are part of the Congestion Management Program Monitoring System. c) No Impact. The project would not have any impact on air traffic patterns. Page 43 of 51 Shell Service Station Negative Declaration No. 2006-04 d) No Impact. The project would not include additions or alterations to the existing streets. The project would result in the closure of one driveway on Palomino Drive and the relocation and expansion of the remaining driveway away from the intersection that would result in an increase in stacking distance on the roadways. This would result in an increase in the safety of traffic circulation on -to and off of the site. e) No Impact. The proposed project would be constructed according to City of Diamond Bar and County of Los Angeles requirements for emergency access. fl No Impact. According to the proposed project site plan, a total of 8 parking spaces on the surface lot are proposed for the site. Under the City's parking code (DBCC, Section 23.30.040), a total of 8 parking spaces are required. Therefore, on-site parking meets the City's minimum requirement and therefore, there would not be an impact on parking. g) No Impact. The project would not have an impact on alterations to alternative transportation policies, plans, or programs. The project would not interfere with existing bus routes, bus turnouts or bicycle racks on or near the site. 3.15.2 CUMULATIVE IMPACTS The proposed project would not have a cumulatively considerable impact on traffic or transportation. Under existing traffic conditions (2006), one of the four intersections studied operate at an adverse service level during either the AM or PM peak hour. When existing plus ambient conditions are with ambient plus project plus cumulative conditions, none of the intersections studied show a significant impact of 0.02 or higher for LOS E or F. 3.15.3 STANDARD CONDITIONS OF APPROVAL None. 3.16 UTILITIES AND SERVICE SYSTEMS Potentially Significant Impact Less Than significant With Mitigation Less Than Significant Impact No Impar Would theproject: a) Exceed wastewater treatment requirements of the D ❑ ❑ applicable RegionaMater Quality Control Board? 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 stormwater drainage facilities or expansion of existing facilities, the D ❑ ❑ construction of which could cause _ significant environmental effects? .— dG nF F7 Shell Service Station Declaration No. 2006-04 e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has inadequate capacity to serve the project's projected ❑ ❑ ® ❑ demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal ❑ ❑ ® ❑ needs? g) Comply with federal, state, and local statutes and El El regulations related to solid waste? 3.16.1 UTILITIES AND SERVICE SYSTEMS ANALYSIS a) No Impact. The proposed project would only generate wastewater from retail sources and a carwash would not contain contaminants or pollutants that would exceed wastewater treatment requirements. The characteristics and amount of wastewater generated by the proposed project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board. b) Less Than Significant Impact. Wastewater generated from the proposed project site is discharged into a local sewer line that connects to the County Sanitation Districts of Los Angeles County's Diamond Bar Trunk Sewer. Wastewater collected from the project site would be treated at the San Jose Creek Water Reclamation Plant (WRP) in unincorporated Los Angeles County. An increase is expected in average wastewater flow from the proposed project site due to additional floor area in the convenience store and addition of a drive- thru carwash. The existing wastewater facilities are adequate to serve the proposed project. As a standard condition of approval, Districts charge a connection fee. Although the project site is already connected to the wastewater system, the connection fee is required for projects that increase the improvement square footage of a commercial parcel by more than 25 percent. Payment of this fee is required and would reduce any impacts to wastewater facilities to a level less than significant. Potable water would be provided to the project site by the Walnut Valley Water District. As previously discussed in Section 3.8, Hydrology and Water Quality, the District purchases imported water from the Three Valleys Municipal Water District, a member agency of the Metropolitan Water District of Southern California (MWD). A generation factor of one gallon per day per 55 square feet of commercial development would result an increase in potable water demand of approximately 56 gallons per day due to the development of the proposed project Yage 45 of 51 Less Than 3.16 UTILITIES AND SERVICE SYSTEMS Potentially Significant Less Than Significant With Significant No Impact .Mitigation Impact. Im a Would the project: 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 which serves or may serve the project that it has inadequate capacity to serve the project's projected ❑ ❑ ® ❑ demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal ❑ ❑ ® ❑ needs? g) Comply with federal, state, and local statutes and El El regulations related to solid waste? 3.16.1 UTILITIES AND SERVICE SYSTEMS ANALYSIS a) No Impact. The proposed project would only generate wastewater from retail sources and a carwash would not contain contaminants or pollutants that would exceed wastewater treatment requirements. The characteristics and amount of wastewater generated by the proposed project would not exceed wastewater treatment requirements of the Regional Water Quality Control Board. b) Less Than Significant Impact. Wastewater generated from the proposed project site is discharged into a local sewer line that connects to the County Sanitation Districts of Los Angeles County's Diamond Bar Trunk Sewer. Wastewater collected from the project site would be treated at the San Jose Creek Water Reclamation Plant (WRP) in unincorporated Los Angeles County. An increase is expected in average wastewater flow from the proposed project site due to additional floor area in the convenience store and addition of a drive- thru carwash. The existing wastewater facilities are adequate to serve the proposed project. As a standard condition of approval, Districts charge a connection fee. Although the project site is already connected to the wastewater system, the connection fee is required for projects that increase the improvement square footage of a commercial parcel by more than 25 percent. Payment of this fee is required and would reduce any impacts to wastewater facilities to a level less than significant. Potable water would be provided to the project site by the Walnut Valley Water District. As previously discussed in Section 3.8, Hydrology and Water Quality, the District purchases imported water from the Three Valleys Municipal Water District, a member agency of the Metropolitan Water District of Southern California (MWD). A generation factor of one gallon per day per 55 square feet of commercial development would result an increase in potable water demand of approximately 56 gallons per day due to the development of the proposed project Yage 45 of 51 Shell Service Station Declaration No. 2006-04 (increase of approximately 3000 square feet.) This amount of increase in potable water demand would be adverse, but it is not anticipated to be a significant impact and would not require the construction of new water facilities. c) No Impact. The proposed project would not require or result in the construction of new storm water drainage facilities or the expansion of existing facilities. d) Less Than Significant Impact. As previously discussed in 3.16(b), the project would increase the need for potable water on the project site by approximately 56 gallons per day. This increased demand would be adverse, but it is not anticipated to be a significant impact and would not require changes to existing water entitlements. e) Less Than Significant impact. As previously discussed in 3.16(b), the proposed project would not require the construction of new or expanded wastewater facilities. The project applicant would pay a connection fee which would be required mitigate the impact of future incremental expansions to the existing sewage system. t) Less Than Significant Impact. The project site is served by numerous public and private landfills and transfer stations in Los Angeles County. The closest facility, the Puente Hills Landfill in the City of Whittier, is operated by the County Sanitation Districts of Los Angeles County. The Conditional Use Permit for Puente Hills Landfill authorizes the disposal of 13,200 tons of solid waste per day. Other solid waste facilities that are available to the project site include the Refuse -to -Energy Facility CREF , South Gate Transfer Station, the Commerce Y ( ) and the Downey Area Recycling and Transfer Facility (DART). The South Gate Transfer Station is permitted to accept up to 1,000 tons per day of refuse and currently receives approximately 500 tons daily; CREF is a transformation facility that is permitted to accept up to 1,000 tons per day/2,800 tons per week and currently receives approximately 420 tons per day; DART is a materials recovery/transfer facility that is permitted to accept up to 5,000 tons per day and currently receives approximately 1,200 tons per day. Based on the available solid waste capacity at the various landfills and other solid waste disposal facilities listed above, the disposal of demolition debris could be accommodated through the existing permitted capacity. The California Integrated Waste Management Act, AB 939, requires cities to divert 50 percent of the waste stream away from land disposal by the year 2000. The City of Diamond Bar requires recycling to be available for all residential developments, but does not require recycling for commercial land uses. Therefore, the City will work towards obtaining the goals of AB 939 through residential recycling. Additional solid I aste generated by the proposed project would be approximately 39 pounds of waste per day, based on an increased square footage of approximately 3,000 square feet and a generation factor of 13 Ib/1,000 sq May. This additional solid waste would be very modest and, therefore, would not constitute a significant impact. Current disposal facilities have the capacity to accept additional waste and impacts would be less than significant. Shell Service Station Declaration No.2006-04 g) No Impact. All solid waste materials generated at the project site would be disposed of in accordance with applicable state, federal, and local statutes and regulations. 3.16.2 CUMULATIVE IMPACTS The generation of solid waste from demolition and construction activities would result in a cumulative impact to landfill resources; however, this impact would not be cumulatively considerable. As previously noted, the construction debris would be accepted at one of several solid waste disposalfacilities near the City of Sierra Madre. Construction activities would be temporary and there would be no operation -related generation of solid waste. Impacts to the sewer system capacity would be fully mitigated and would not result in cumulative impacts. Impacts to the potable water supply would be adverse, but an increase of approximately 39 gallons per day would not be directly or cumulatively considerable. 3.96.3 STANDARD CONDITIONS OFAPPROVAL ® The project contractor must pay a connection fee to the County Sanitation Districts of Los Angeles County. Although the project site is already connected to the wastewater system, the connection fee is required for projects that increase the improvement square footage of a commercial parcel by more than 25 percent. This connection fee is required to construct incremental expansions to the sewerage system. 3.17 MANDATORY FINDINGS OF Less Than SIGNIFICANCE Potentially Significant Less Than Significant With Significant No Impact Mitigation Impact Impact Does the project: a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate ❑ ❑ ® plant or animal community, reduce the number or Ela restrict the range of rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? b. Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a El❑ ® project are considerable when viewed in connection with ❑ the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c. Does the project have environmental effects which will cause substantial adverse effects on human beings, ❑ ❑ ® ❑ either directly or indirectly? 3.17.1 MANDATORY FINDINGS OF SIGNIFICANCE ANALYSIS a) Less than Significant The proposed project has the potential to significantly impact air quality, cultural resources, hazards/hazardous materials, and noise. Page 47 of 51 — - Shell Service Station Declaration No. 2006-04 However, with the project standard conditions of approval described in each section, the construction and operation of the proposed project would have less than significant impacts on the environment. b) Less Than Significant Impact. The proposed project would not generate any cumulatively considerable impacts, as previously discussedwithin the text of each environmental analysis. c) Less than Significant With Mitigation. With the incorporation of the mitigation program, the proposed project would not have any environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly, as previously discussed within the text of each environmental analysis. o...... 1 F 91 Shell Service Station Declaration No. 2006-04 SECTION 4.0 - REPORT PREPARERS AND CONTRIBUTORS LEAD AGENCY- CITY OF DIAMOND BAR City Manager......................................................... .:: ..::::::. .. ...James DeStefano Community Development Director.....................................................................Nancy Fong Associate Planner (contract) ... ............. :......................................................... Ann J. Lungu WESTERN STATES ENGINEERING Contact................. ................................. .......................... ............................ Joseph Karaki. SECTION 5.0 - REFERENCES 1993 CEQA Air Quality Handbook, South Coast Air Quality Management District, 1993 City of Diamond Bar's General Plan and Guideline for the Preparation of Traffic Impact Analysis Report (1992). Diamond Bar Municipal Code, http://www.ci.diamond-bar.ca.us/home/index.asp Rule 1403 Asbestos Emissions for Demolition/Renovation Activities, South Coast Air Quality Management District website, http://Www,aqmd.gov/rules/htmi/rl4O3.html, December 4, 2003. Los Angeles County Fire Department Los Angeles County Public Works Department State of California, Integrated Waste Management Board, "estimated Solid waste Generation Rates for Commercial Establishments", http://www.ciwmb.ca.gov/WasteChar/WasteGenRates/Commercial.htm. website accessed September 12, 2005. Traffic Impact Analysis Report—Shell Service Station, Kunzman Associates, December 21, 2005 and July 31, 2006 f F9Gommunlly Developmei-AWR LungutajAneg demWag Dec 2006-04 206 Diamond Bar Blvd Shell.doc Page 49 of 51 0 h 714 7692002 Western States y , f r FRONT ELEVATION GRADES I GRADE Ll ENC) EI_..EVATION SECTION 206 S. DIAMOND BAR BLVD, 17:57:48 11-16-2006 1'—U" STONE CAP STONE VENEER N ILLUMINATED SIGN in 313 4 WESTERN STATES Enginepring,Inc- 4887 E. LA PALMA, SUITE 707 ANAI12M, CA 92801 TEL; (714)W3-1968 FAX: (714)t19W-1002 vAmms0Gino.com 11 +2 e/4 i --STONE CAP STONE CAP STONE STONE VENEER VENEER j - I -ILLUMINATED SIGN AT FRONT BACK IS_BLANK GRADES I GRADE Ll ENC) EI_..EVATION SECTION 206 S. DIAMOND BAR BLVD, 17:57:48 11-16-2006 1'—U" STONE CAP STONE VENEER N ILLUMINATED SIGN in 313 4 WESTERN STATES Enginepring,Inc- 4887 E. LA PALMA, SUITE 707 ANAI12M, CA 92801 TEL; (714)W3-1968 FAX: (714)t19W-1002 vAmms0Gino.com 11 +2 e/4 nn� _ wl�nn MONUMENT-- ` I� n SIGN CORNER SITE CUT-OFF LINE U ALL LLL -.LL WESTERN STATES Engineering, Inc. 067 E. LA PALMA. SUITE 707 -� ANAHEIM, CA 92807 TEL: (714)603-1g6(s _ FAX: (714)693-1002 I \ iM.mmsoCinc.com 206 S. DIAMOND BAR BLVD. 714 7692OD2 western States .MONUMENT SIGN WESTERN STATES Engineering, Inc. 41167 �, LA PALMA, SLJITF 707 ANAHEIM, CA 92807 TEL: (714)693-19CJI3 FAX! 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O- cc. x _- J (0 ._ ti F O J O .❑0 "'� U Z C ¢ E ¢ SE I- c So I- U U y@ U N (D ❑— U) m ❑ ® O w W C Cf ro U 4 Q .� E ly O z N J O U C7 = O Ci .¢ N ❑ ,a% Z. O C� Q D d "' Q N d �/1 ¢ W W w _ ❑ :� ¢ S .- 1 x.❑ V7 U O y ❑ C co O LL r h O N N z.U) d, -r, c1lN 2 a. O _ 'y x U co cc LO W O LU O (MO N y O co N 'd' N tND U M@ (` D coOC f0 U M N d' O •� t1� N CA N'',. O. D U� co❑ O N -� 2 c0U N M ❑ N 2- N d)Z r O.4 N N(� N �--- to Sc N N Cn N d' Z N �..� U' N ..- N N N M = N Z N O - N ...-.. D� M U) ca CD ti 02i 14 ON (D < ❑ 0 ❑ Z' Z� Z WJu 0 0 n .2 o IL 0. ZO ZO ZO < 0 < LU Cl) D ❑ LU > 7E5 0 0 ui w z ui or: 0. <1 �— E u7 o EL w z EL CL 0 .§ C) EL D- CL -, a- = -, (D < r F (D CIJ 0 FW - Lu 2 A 1 ,�; n J q CL n z a_ :2 z EL IIE z U) 00 00 0,0 c) p z < z 22 0 ry 0 0 LOL 0 11 LL. �q z W z . Z LL, JU- -i 5 OZ 5 z 0 z0 Z0 F- F z Ei0 z <Q < M 00 <J 00 < 2 < -i EL 0 CL 0 IL 0 < U- < L.L < LL D� M U) ca ❑ ti 02i 14 ON 1? 0 N ❑ < ❑ 0 ❑ Z' Z� Z WJu 0 0 n .2 o IL 0. LU < 0 < LU Cl) D ❑ LU > 7E5 0 0 ui w z ui or: 0. <1 �— E u7 o EL w z 0 .§ C) aGi>- z -, a- = -, (D < r 'd E Z (D CIJ 0 C) ct Lu 2 A 1 ,�; n C) U) ca ❑ ti 02i 14 ON 1? 0 N ❑ 0 ui 7E5 0 w z 0. <1 �— E u7 o EL w z 0 .§ C) aGi>- z -, a- = -, (D < r 'd E Z (D CIJ 0 C) ct Lu 2 A 1 ,�; C) CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On November 28, 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 November 24, 2006, a copy of the Notice for the Regular Meeting of the Diamond. Bar Planning Commission, to be held on November 28 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 November 24, 2006, at Diamond Bar, California. Stella Marquez Community Development Department g;\\affid avitposdng, d oc INTEROFFICE MEMORANDUM DDIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, AICP, Community Development Director DATE: November 24, 2006 SUBJECT: SOUTH POINTE WEST PROJECT — ADDITIONAL PAGE FOR NOVEMBER 20, 2006 MEMO Staff unintentionally did not attach Exhibits "X" and "Y" to the November 20, 2006 Memo for the South Pointe West project. Attached is your copy of the two exhibits. Please insert this double -sided page (7.613-4a) after page 7.68-4. As always, if you have any questions about the project and the staff reports, please feel free to call or e-mail me. Thank you. 55 N M H m 0 N 7d C) 9 m Om Cc O E Q 'a � O O CUM U i'k Z Q Q[ IYya - O O O -cl O N O O Z O Z O Z O Z O Z Z Z Z U m w N !1*'u; `0d' O m O I� d' O O N O cD 'F4r�1 �nAt, N r o N 0 N C) o 0 O 0 O 0 0 0 E o ci N •o U 0 caU ii'o-gg a 3 E F �u�lu2f ❑ Q Q 2 Q Q m �L Q 4 Q m +y,. E $ c gin i' ONEC rME— u Qo O� m W co v co M m N m N m l�0 L> m co co - Q } + C> 0 c7 0 N 0 0 0 0 0 0 0 0 0 � o c �u.IIIcllc u i { 61 Jim I. �k m O � m C C � fall'. O rn ccD Om m N rn N m in M.0 n C 2wflC. 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Please discard the old pages and insert the revised ones. Revised pages 7.6A-11 and 12 Revised pages 7.613-23 and 24; pages 7.613-67 through 72; and pages 7.68-109 and 110. As always, if you have any questions about the project and the staff reports, please feel free to call or e-mail me. Thank you. PLANNING COMMISSION RESOLUTION NO. 2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (SCH NO. 2005111118) AND RECOMMENDING APPROVAL OF THE MITIGATION MONITORING PROGRAM AND ADOPT FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE SOUTH POINTE WEST SPECIFIC PLAN AND VESTING TENTATIVE TRACT MAP NO. 63623 FOR A SITE COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026- 901) A. RECITALS 1. The applicant, South Pointe West, LLC, has filed an application for certification of Environmental Impact Report (EIR) (SCH No. 2005111118) and Mitigation Monitoring Program for the South Pointe West Specific Plan and Vesting Tentative Tract Map No. 63623, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Environmental Impact Report and Mitigation Monitoring Program shall be referred to as the "Application." Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. Planning Commission Resolution No. 2006-xx 7 -64 -It 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 an Environmental Impact Report (EIR). EIR (SCH No. 2005111118) has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated hereunder. The 45 -day public review period for the EIR began August 25, 2006 and ended October 9, 2006. Furthermore, the Planning Commission has reviewed the EIR and related documents in reference to the Application. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on 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. 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 Environmental Impact Report (SCH No. 2005111118) except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this Planning Commission recommends to City Council and finds are clearly outweighed by the economic, social and other benefits or the proposed project, as more fully set forth in the Statement of Overriding Considerations. The Planning Commission hereby recommends the City Council certify the EIR complete and adequate; and adopt the Findings of Facts, Statement of Overriding Considerations, and Mitigation Report and Monitoring Program attached herein as Exhibits "A" ate= and hereby incorporated by reference. 2 Planning Commission Resolution No. 2006•xx 7.44-12 Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026- 907, and 8763-026-901) shall have a zoning district designation of SP - Specific Plan. 3. The Planning Commission recommends that the General Plan amendment and zone change recommended herein does not take effect until and unless the development agreement is approved and in effect. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Tony Torng, Vice Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing ed and ado ted b the Planning Commission of Resolution was duly introduced, pass p Y the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28`h day of November 2006, by the following vote: AYES: Commissioners: NOES: None. ABSENT: None. ABSTAIN: None. ATTEST: Nancy Fong, Secretary -7-66-2-3 4 Exhibit A \No.j200%- NS OF PROJECT APPROVAL Condition of No. 1. General Plan Amendment No. 2005-01 and Zone Change take effect only if Development Agreement No. 2005- 27 and Specifie effect. C -1-6g -- 2� 25. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 5. Prior to recordation, the final map shall comply with all Fire Department requirements. L:Uul PLANNING COMMISSION �. RESOLUTION NO. 2006- XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR -RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT AGREEMENT NO. 4°zQ4r 2005-01 REGARDING DEVELOPMENT OF A SITE COMPRISED OF APPROXIMATELY 34.52 ACRES GENERALLY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901) WITH 99 -UNIT SINGLE-FAMILY RESIDENTIAL CONDOMINIUM PROJECT. A. RECITALS The applicant, South Pointe West, LLC, has filed an application for Development Agreement 2005-01 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901). Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project, which found that the proposed project may have remaining significant impacts that requires adoption of "Findings -;4md of Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of Development Agreement 2005-01 and must be certified by the City Council before project approval; 3. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, -and edeptieA-ef "Findings of agd-Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 4. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that is being reviewed concurrently with this application, which includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site; -1-68 -6f 5 2- The applicant has specifically requested the City to approve tho f�,n���= -aAd ^'^ i'SF Faatte-s The proposed South Point West project will also transform a vacant site into a functional and attractive development that will provide additional housing within the City. Consequently, the Agreement is in the best interests of the City and its residents. b. The. Development Agreement is -consistent with the General Plan, any applicable Specific Plan and the Development Code. South Point West, the subject of Development Agreement 2005-01, is consistent with the General Plan (as amended), is the subject of an appropriate Specific Plan and meets all applicable standards of the Development Code. The administrative record and findings of this Resolution demonstrate conformance with City requirements. C. The Development Agreement would promote the public interest and welfare of the City. As stated above, South Pointe West is a 99 -unit residential and neighborhood park development that preserves open space and provides additional housing and recreational opportunities within the community. It retains a substantial portion of the site as open space and limits development to the least environmentally sensitive areas of the site. Development Agreement No. 2005-01 implements this development plan and thus promotes the public interest and welfare. The proposed Development Agreement, prepared in accordance with Government Code Section 65864 et seq. and Chapter 22,62 of the Development Code establishes a mutually beneficial agreement between the City and the applicant setting forth obligations and benefits to the City and the developer. The Planning Commission recommends to the City Council South Pointe West Development Agreement 2005-01 attached hereto and incorporated herein by reference. The Planning Commission shall: (1) Certify to the adoption of this Resolution; and (2) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. go Tony Torng, Vice Chairman 3 7 6d - 70 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 28th day of November 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Nancy Fong, Secretary 7,68-71 C Exhibit A CONDITIONS OF PROJECT APPROVAL_ Condition of Project Ap oval No. 1. General Plan Amendment No. 2005-01 and Zone Change No. 2006-03 s II take effect only if Development Agreement No. 2005- 27 and Specific Plan 2005-01 ta4 effect. wF T 7. 48-7x?-- SCHEDULE2 TO SOUTH POINTE WEST DEVELOPMENT AGREEMENT Project Impact Fees FEE DESCRIPTION AMOUNT TIME OF PAYMENT City Traffic Fee [To be Determined per Section 4.2.1] Residential — prior to each certificate of occupancy Quimby Fee $8,501 per DU Prior to each certificate of occupancy total $841,000 7.6-9-107 PLANNING COMMISSION RESOLUTION NO. 2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 2005-05, DEVELOPMENT REVIEW NO. 2005-01 AND TREE PERMIT NO. 2005-06 FOR CONSTRUCTION OF A 99 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH A 4.68 -ACRE NEIGHBORHOOD PARK AND THE REMOVAL/REPLACEMENT OF OAK AND WILLOW TREES ON AN APPROXIMATELY 34.52 -ACRE SITE LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01, 8765-005- 02, 8765-005-03, 8765-005-07, AND PORTIONS OF 8765- 005-905, 8763-026-907, AND 8763-026-901) A. RECITALS The applicant, South Pointe West, LLC, has filed an application for Conditional Use Permit No. 2005-05, Development Review 2005-27 and Tree Permit No. 2005-06 for a site comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01, 8765-005-02, 8765-005-03, 8765-005- 07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901). All further references to the conditional use permit, development review and tree permit shall be referred to as the Application. . The Application is being reviewed by the Planning Commission concurrently with General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Pan No. 2005-01, Vesting Tentative Tract Map No. 63623, Development Agreement No. 2005-01, and Environmental Impact Report No. 2005-01. C Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified (. by the City Council before project approval; l -7.fr3-/lD a. GENERAL (1) This approval for South Pointe West Specific Plan and Vesting Tentative Tract Map 63623 shall be null and void and of no affect unless the EIR (SCH #2005111118) is certified, the Mitigation Monitoring Program, Facts and Findings and Statement of Overriding Considerations are adopted, and General Plan Amendment No. 2005-01, Zone Change No. 2005- 03, Conditional Use Permit No. 2005-01, Development Review No. 2005-01, Tree Permit No. 2005-06, and Development Agreement No. 2005-01, are approved. This approval is valid for three years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. (2) In addition to the conditions in this resolution, the project shall comply with all conditions of approval in resolution nos. 2006-xx, 2006-xx, 2006-xx and 2006-xx. (3) The project shall comply with the Mitigation Monitoring program for EIR 2005-01, SCH No. 2005111118. A copy is attached hereto and referenced herein. b. SPECIFIC PLAN AND VESTING TENTATIVE TRACT (4) Within 60 days from the date of the City Council approval of the South Pointe West Specific Plan, the applicant shall submit to the Planning Division for review and approval a revised South Pointe West Specific Plan documents with the following changes: (a) The Open Space — Sub -Planning Areas 4A, 413, and 4C section of the plan shall specify the uses permitted with these areas as open space and recreational and prohibit development with any residential, institutional, religious places of worship, schools or colleges uses. (b) Under Section C — Development Standards, the minimum depth development standard shall pertain to the condominium footprint and the front yard setback. (c) Under Section C — Development Standards, the standard pertaining to side yard interior setback shall be deleted. -r.G 6 -33 (d) Under Section C — Development Standards, the street side yard setback shall be clarified as to whether it is measured to the inside or outside edge of the sidewalk. (5) Prior --to issuance -of -building permit, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface in accordance with City Master Trail Plan to the City for review and approval. (6) Before recordation of the final map, the applicant shall turn over to the City approximately 4.68 acres of parkland. If the 3.24 -acre upper portion of the park located on property that is owned by the Walnut Valley School District cannot be provided as proposed, the applicant must provide the remaining portion on the project site owned by the applicant or on another property provided by the applicant subject to review and approval by the Community Development Director. The public park shall contain a minimum of 4.68 gross acres and a minimum of 2.18 usable acres. The entire public park area as required above shall be contiguous. (7) Within 60 days from the City Council approval date of the South Pointe West Specific Plan, the applicant shall submit detailed design of the park showing all the elements and amenities for Community Development Director and Community Services Director review and approval. (8) The South Pointe West Specific Plan shall be revised to be consistent with all the setbacks contained in the project site plan. (9) The Applicant shall fully improve the parkway along Morning Sun Drive that includes curb, gutter, landscape with trees, shrubs, ground cover and appropriate irrigation subject to Los Angeles County review and approval. The Homeowner Association of the South Pointe West shall be responsible to maintain the parkway for project frontage along Morning Sun Drive. C. LANDSCAPE AND PRESERVED AND PROTECTED TREES (10) Before issuance of a grading permit or the removal/disturbance of oak and willow trees, the 76-9'sf— plan shall include two or more of the following best available control measures: (1) water all active construction areas at least four times daily; (2) cover all haul trucks or maintain at least 2 feet of freeboard; (3) pave or apply water four times daily to all unpaved parking or staging areas; (4) apply dust stabilizing chemicals and water internal haul roads four times daily; (5) sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; (6) cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material; (7) suspend all operations on any unpaved surface if winds exceed 25 mph; (8) hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; (9) coordinate the schedule of. fill placement with the school district to minimize dust nuisance as much as possible; and (10) do not perform grading, or excavation, or other soil disturbance activities within 100 feet of a home or school building when winds blow from the activity toward the receiver. (28) In order to reduce emissions associated with the application of architectural coatings, the Applicant shall: (1) use pre -coated building materials where possible; (2) use high pressure -low volume (HPLV) paint .applicators with 50 percent efficiency; (3) use lower volatility paint with 100 grams of ROG per liter or less; (4) spread out the application over a longer period of time; and (4) use no more than 100 gallons of paint per day. (29) The staging, storage, and maintenance areas for diesel - powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100 feet from any existing .residential receptor. (30) With regards to building design, operational emissions shall be further reduced through the: (1) use light- colored roofing materials in construction to deflect heat away from buildings thus reducing energy consumption; (2) use dual -paned windows to reduce thermal loss in buildings; and (3) installation of automatic lighting on/off controls and energy-efficient lighting. -7 �(-Q -+) (31) In order to further reduction construction -term air quality impacts, the Applicant shall: (1) encourage car pooling for construction workers; (2) limit lane closures to off- peak travel periods; (3) park construction vehicles off traveled roadways; (4) wet down or cover dirt hauled off the site; (5) wash or sweep access points daily; and (6) encourage receipt of materials during non -peak traffic hours. (32) During the construction period, the Applicant shall ensure that: (1) all construction equipment is properly maintained and tuned; (2) all equipment designed to operate with a muffler system is fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed; and (3) all stationary noise sources, such as generators and compressors, are located as far from residential receptor locations as feasible. All construction activities shall be subject to compliance with all applicable noise - related provisions as may be set forth by the City. (33) Grading activities shall be restricted to Monday through Friday to between the hours of 7:OOAM and 6:OOPM. (34) Prior to the commencement of grading activities, the Applicant shall prepare and submit for review by the Los Angeles County Sheriffs Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD into a final construction security plan and shall implement that plan during the construction period. (35) Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration of the neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) offer specific design recommendations to enhance public safety and reduce potential demands upon police services. 1-61A -. -2_ (36) Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit to the Los Angeles County Fire Department (LACFD) a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. (37) Prior to the issuance of a grading permit, the Applicant shall submit and the LACFD shall review and, when deemed acceptable, approve a fuel modification, landscape, and irrigation plan in compliance with County Very High Fire Hazard Severity Zone (VHFHSZ) standards. (38) Prior to the issuance of a grading and building permits, the LACFD will review and, when deemed acceptable, approve (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable County requirements; and (2) final building plans. The project's water system shall be designed in response to final fire flow requirements identified by the LACFD. (39) Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the WVUSD's board resolutions governing the payment of school impact fees or has entered into an AB 2926 school fee mitigation agreement or is not subject to the exaction. (40) The design of the neighborhood park shall be subjected to Community Development Director and Community Services Director review and approval. e. STREET IMPROVEMENT (41) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. (42) The privately maintained portion of Larkstone Drive to, and including, the end of the cul-de-sac shall be dedicated to the City for Roadway purposes. All dedication documents shall be submitted for the review and recommendation of approval to the Public Works/Engineering Department. Approval by the City Council shall be granted prior to issuance of any C certificate of occupancy or prior to final map approval, which ever comes first. (43) _ Full width pavement reconstruction of Larkstone Drive is required for the entire dedicated length and including the cul-de-sac as determined by the City Engineer. Applicant shall replace existing AC curb with concrete curb and gutter, and construct street improvements per APWA Greenbook standard plans and specifications. (44) Before issuance of any City permits, the applicant shall submit plans delineating the improvement of Morning Sun Drive for the Public Works/Engineering Department review and approval prior to final map recordation. The improvement shall align with and be compatible with Vesting Tract Parcel Map No. 63623. The improvement of Morning Sun Drive shall be completed prior to final inspection of grading activities. (45) Sidewalks along the south side of Larkstone Drive shall be installed to provide a safe pedestrian pathwayto and from the development and park along the entire C dedicated length which includes the Cul -De -Sac. TRAFFIC (46) The fair share calculation in the LL&G report dated June 23, 2006 shall be updated using the City's TIA guidelines. All fair share fees identified shall be paid before issuance of any building permits. (47) Sight distance limitations existing in the area of Larkstone Drive and the project site due to the existing wall at the property line shall be addressed. The sight distance analysis shall review the location of the driver in relationship to the curb line. (48) All issues related to the South Point Middle School traffic circulation and pedestrian uses of the public roadway shall be addressed in the TIA. (49) All issues related to factors such as grades of the roadways, vehicle speed and golf cart crossings shall be addressed. impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 4. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 5. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles as well as the City Engineer and all fees required shall be paid by the applicant. 6. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. 7. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public 7.6.3-61 Works/Engineering Department for review and approval by the City Engineer. Once approved the plan shall be incorporated C_ into CC&Rs. 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 25 mph. All roadways shall be posted with 15 mph speed limit. 6. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 12�1iil1111irL F1 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 7 Gg -- 19�071 Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Conditional Use Permit No. 2005-05, Development Review No. 2005- 27 and Tree Permit No. 2005-06 subject to the following conditions, the attached. Standard Conditions and the Mitigation Monitoring Program: a. GENERAL (1) This approval for Conditional Use Permit No. 2005-05, Development Review No. 2005-26 and Tree Permit No. 2005-06shall be null and void and of no affect unless the EIR (SCH #2005111118) is certified, the Mitigation Monitoring Program, Facts and Findings and Statement of Overriding Considerations are adopted, and the General Plan Amendment No. 2005-01, Zone Change No. 2005-03, Specific Plan 2005-01, Vesting Tentative Tract Mao 63623, and Development Agreement No. 2005-01, are approved. This approval is valid for three years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. (2) In addition to the conditions in this resolution, the project shall comply with all conditions of approval in resolution nos. 2006-xx, 2006-xx, 2006-xx and 2006-xx. (3) The project shall comply with the Mitigation Monitoring Program for EIR 2005-01, SCH No. 2005111118. A copy if attached hereto and referenced herein. (4) Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association shall include provisions that require residents to park their cars in garage or on their own driveway. Further CC&Rs shall include provisions to prohibit the parking of RV vehicles or boats on private streets unless the RV vehicles or boats can be park in the garage. (5) All retaining wall except for the crib wall shall be of decorative material such as split face block, stucco or other acceptable material. (6) The final design of all walls, retaining wall, fences shall be subject to Community Development Director review -7 •66-1ao and approval prior to issuance of grading permit. Final design of the crib wall and the landscaping shall be subject to Community Development Director review and approval prior to issuance of grading permit. (7) If feasible, the Applicant shall consider_ designing the debris basin as passive open space with landscaping, walking paths, benches and so forth subject to Community Development Director review and approval prior to issuance of building permits. (8) Additional architectural treatment shall be provided to the front elevations. Such architectural features as adding raised planter to the front wall next to the garage, entry arch or element to create an entry way to the building, adding more stone veneer, etc., subject to Community Development Director review and approval. (9) The two project -entries (Larkstone and Shepherd Hills) design together with the landscape theme, plant materials and its density of plant materials shall be subjected to Community Development Director review and approval. (10) Prior to issuance of building permit, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface in accordance with City Master Trail Plan to the City for review and approval. (11) The South Pointe West Specific Plan shall be revised to be consistent with all the setbacks, contained in the project site plan. (12) The Applicant shall fully improve the parkway along Morning Sun Drive that includes curb, gutter, landscape with trees, shrubs, ground cover and appropriate irrigation subject to Los Angeles County review and approval. The Homeowner Association of the South Pointe West shall be responsible to maintain the parkway for project frontage along Morning Sun Drive. b. LANDSCAPE AND PRESERVED AND PROTECTED TREES (13) Before issuance of a grading permit or the removal/disturbance of oak and willow trees, the applicant shall submit to the Community Development \- 7.69-tzI haul trucks or maintain at least 2 feet of freeboard; (3) pave or apply water four times daily to all unpaved parking or staging areas; (4) apply dust stabilizing chemicals and water internal haul roads four times daily; (5) sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; (6) cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material; (7) suspend all operations on any unpaved surface if winds exceed 25 mph; (8) hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; (9) coordinate the schedule of fill placement with the school district to minimize dust nuisance as much as possible; and (10) do not perform grading, or excavation, or other soil disturbance activities within 100 feet of a home or school building when winds blow from the activity toward the receiver. (31) In order to reduce emissions associated with the application of architectural coatings, the Applicant shall: (1) use pre -coated building materials where possible; (2) use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency; (3) use lower volatility paint with 100 grams of ROG per liter or less; (4) spread out the application over a longer period of time; and (4) use no more than 100 gallons of paint per day. (32) The staging, storage, and maintenance areas for diesel - powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100 feet from any existing residential receptor. (33) With regards to building design, operational emissions shall be further reduced through the: (1) use light- colored roofing materials in construction to deflect heat away from buildings thus reducing energy consumption; (2) use dual -paned windows to reduce thermal loss in buildings; and (3) installation of automatic lighting on/off controls and energy-efficient lighting. (34) In order to further reduction construction -term air quality impacts, the Applicant shall: (1) encourage car pooling for construction workers; (2) limit lane closures to off - 7.68 -i�� peak travel periods; (3) park construction vehicles off traveled roadways; (4) wet down or cover dirt hauled off the site; (5) wash or sweep access points daily; and (6) encourage receipt of materials during non -peak traffic hours. (35) During the construction period, the Applicant shall ensure that: (1) all construction equipment is properly maintained and tuned; (2) all equipment designed to operate with a muffler system is fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed; and (3) all stationary noise sources, such as generators and compressors, are located as far from residential receptor locations as feasible. All construction activities shall be subject to compliance with all applicable noise - related provisions as may be set forth by the City. (36) Grading activities shall be restricted to Monday through Friday to between the hours of 7:00AM and 6:OOPM. (37) Prior to the commencement of grading activities, the Applicant shall prepare and submit for review bythe Los Angeles County Sheriff's Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD into a final construction security plan and shall implement that plan during the construction period. (38) Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration of the neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) offer specific design recommendations to enhance public safety and reduce potential demands upon police services. (39) Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit to the Los Angeles County Fire Department (LACFD) a fire -7-66-127 protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. (40) Prior to the issuance of a grading permit, the Applicant shall submit and the LACFD shall review and, when deemed acceptable, approve a fuel modification, landscape, and irrigation plan in compliance with County Very High Fire Hazard Severity Zone (VHFHSZ) standards. (41) Prior to the issuance of a grading and building permits, the LACFD will review and, when deemed acceptable, approve (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable County requirements; and (2) final building plans. The project's water system shall be designed in response to final fire flow requirements identified by the LACFD. (42) Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the WVUSD's board resolutions governing the payment of school impact fees or has entered into an AB 2926 school fee mitigation agreement or is not subject to the exaction. (43) The design of the neighborhood park shall be subject to Community Development Director and Community Services Director review and approval. d. STREET IMPROVEMENT (44) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. (45) The privately maintained portion of Larkstone Drive to, and including, the end of the cul-de-sac shall be dedicated to the City for Roadway purposes. All dedicated documents shall be submitted for the review and recommendation of approval to the Public Works/Engineering Department. Approval by the City Council shall be granted prior to issuance of any certificate of occupancy or prior to final map approval, whichever comes first. (46) Full width pavement of Larkstone Drive is required for the entire dedicated length and including the cul-de-sac as determined by the City Engineer. Applicant shall replace existing AC curb with concrete curb and gutter, and construct the street improvements per APWA Greenbook standard plans and specifications. (47) Before issuance of any City permits, the applicant shall submit plans delineating the improvement of Morning Sun Drive forthe Public Works/Engineering Department review and approval prior to final map recordation. The improvement shall align with and be compatible with Vesting Tract Parcel Map No. 63623. The improvement of Morning Sun Drive shall be completed prior to final inspection of grading activities. (48) Sidewalks along the south side of Larkstone Drive shall be installed to provide a safe pedestrian pathway to and from the development and park along the entire dedicated length which includes the Cul -De -Sac. e. TRAFFIC (49) The fair share calculation in the LL&G report dated June 23, 2006 shall be updated using the City's TIA guidelines. All fair share fees identified shall be paid before issuance of any building permits. (50) Sight distance limitations existing in the area of Larkstone Drive and the project site due to the existing wall at the property line shall be addressed. The sight distance analysis shall review the location of the driver in relationship to the curb line. (51) All issues related to the South Point Middle School traffic circulation and pedestrian uses of the public roadway shall be addressed in the TIA. (52) All issues related to factors such as grades of the roadways, vehicle speed and golf cart crossings shall be addressed. (53) The LL&G report dated June 23, 2006 has not been approved by the City Public Works/Engineering 7.68 -r-3 1 C impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 4. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 5. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles as well as the City Engineer and all fees required shall be paid by the applicant. 6. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. Priorto 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. B. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public rx-S--4- Works/Engineering Department for review and approval by the City Engineer. Once approved the plan shall be incorporated into CC&Rs. 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 25 mph. All roadways shall be posted with 15 mph speed limit. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved bythe City Engineer or as otherwise directed by the City Engineer. E. UTILITIES Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 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 -76,6-If'j VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * SUBJECT: TO: Planning Commission Secretary DATE: FROM: G' -t" t?fl' „l.P �irz��:_ , e F N fib/ 'ADDRESS: -ORGANIZATION. _ SUBJECT: 1 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 * Syo / SUBJECT: eve% a� 111 1,/ eels �lest7 bM TO: Planning Commission Secretary DATE: FROM: ADDRESS: ORGANIZATION: SECT: 1 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 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 COMMSSION AGENDA ITEM * / SUBJECT: �Zi a.P C TO: Planning Commission Secretary DATE: FROM: d L P F /!Q `Z 0 ADDRESS: ,ORGANIZATION: G 1'(i SUBJECT: I would like to address the Planning Commission on the above stated item. Phav the Commission Minutes reflect my name and address as printed above. 17 \ 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 COMMISSION AGENDA ITEM * �x / SUBJECT: ice K) y C,yi+ ©r) Cro d�- Gni✓ /�.., TO: Planning Commission Secretary DATE: FROM: : � vt- l l.t) PJ A ADDRESS: a (1 �` -ORGANIZATION- SUBJECT: RGANIZATION: 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 COMMISSION AGENDA ITEM * SUBJECT: SG—�j (f, TO: Planning 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 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 ?4inutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA rrEM * 7, I SUBJECT: TO: Planning Commission Secretary DATE:. L� FROM: RZg AJ D / ADDRESS: Q ORGANIZATION: SUBJECT: I would like to .address rhe 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 ad ess the Planner Commission. to assist the Chairman in ensuring that all This form is intender persons wishing to address the Commission will have the opportunity and to ensure correct snellinv of r.-- — I._ X-- . VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM SUBJECT: TO: Planning Commission Secretary DATE: FROM: ADDRESS: ?o —Iagm 15e -ORGANIZATION. C4 T7 -37E SUBJECT: . !9 V 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 aftenetings 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: /Z FROM: ADDRESS: pe- MJAwsm, c -A -ORGANIZATION: SUBJECT: Imuld like to address the Plane' 'Commission on the above stated * k. as printed item. Please have the Commission minutes reflect my name and address as printed above Si n NOTE: All persons may attend meetings and address the Planning Commission. This form is intendei 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 ADDRFCS ZBE PLANNING COMMISSION AGENDA ITEM * SUBJECT: SCC Ho"IF-5 TO: Planning Commission Secretary DATE: FROM: 5�7- ADDRESS: -DRGANIZATION:/ SUBJECT: 7/7a!�5. 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 intende to assist the Chairman in ensuring that all person,; 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: So t7L�t �i7r,vf2 ({/es f TO: Planning Commission Secretary DATE: FROM: hl -S• ki rx ;, Ifte • ?vwars ADDRESS: %7oY 1uo1-N1,vC- .i&,A %dl�c c�hc 'hs LIRGANIZATION. SUBJECT: 1 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 P to assist the Chairman in ensuringthat all jann�ng Commission, This form is intender persons wishing to address the Commission will have the nnnnrfvm9ty .nA +n ........ — -- _- VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM SUBJECT: Sc, ,—k P,,, T Aj, ,5 %'> % +� t`i i' TO: Planning Commission Secretary DT�: FROM: I tN L t v tall/ 0 l U-2 Q ADDRESS: I jl 9 G ,4-Ag"e tiCc-c_ 6) L% ORGANIZATION. Cn✓� w v; / °�'� �l' l.� 4 7" L1,s ` SUBJECT: 59, C,t" ?•a (nr I would like to address the Planning Commission on the above stated item. Please have the Commission Minuses reflect my name and address as printed above. tq e a t e rr 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 havpP the op ortunity anj to ensure correct spelling of names in the Minutes.