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09/23/1996
Re'1 �1\I 17:1 7:00 P.M. South Coast .fir Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Afike •d-nj- •Ruiicka - Franklin• i •- McManus Don r d Copies of staff reports or other written documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title II 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 accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please 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 PAR PLANNING COMMISSION AGENDA Monday, September 23, 1996 Next Resolution No. 96-15 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: L ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe Ruzicka, Franklin Fong, Joe McManus and Don Schad 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntaryl There is a five minute maximum time limit when addressing, the Planning Commission. 3. 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: 3.1 Minutes of September 9, 1996 4. OLD BUSINESS: None 5. NEW BUSINESS: None 6. CONTINUED PUBLIC HEARING: 6.1 Pursuant to Subdivision Code Section 21.16.020 Vested Tentative Tract 52203 is a request to subdivide a 6.3 gross acre site into 16 numbered lots for single family residential development and 6 lettered lots for streets and landscaping. This proposal is a further subdivision of Vested Tentative Tract 32400 lots 92 & 93, which is 93 lot subdivision with 91 residential lots and' 2 remainder lots located on the west of Brea Canyon Road north of Pathfinder Road. Applicant: Diamond Crest Estates, LLC, 27285 Las Rambles, Suite 230, Mission Viejo, CA 92691 Property Owners: City of Diamond Bar, 21660 E. Copley Drive, Diamond Bar CA 91765, Arciero and Sons 950 North Tustin, Anaheim, CA 92807 Environmental Determination: On June 3, 1994, the City Council certified the Final Environmental Impact Report (EIR) for the South Pointe Master Plan (State Clearinghouse #92081040) which includes the subject property. Pursuant to the California Environmental Quality Act (CEQA) Sec. 15164, it has been determined that potential environmental impacts associated with the proposed project will not require major revisions to the EIR in that no significant changes in circumstances under which 1 the project is undertaken have occurred and no new information or issues of substantial importance not previously addressed in the Final EIR have been identified through the subsequent environmental review and therefore an addendum to the Final EIR has been prepared. RECOMMENDATION: Staff recommends that .the -Planning Commission adopt the attached resolution recommending City Council approval of Vesting Tentative Tract Map. No. 52203, subject to the Findings of Fact and conditions listed. 7. PUBLIC HEARING 7.1 Conditional Use Permit 96-13 and Development Review 9642: a request for an unmanned, wireless telecommunications transmission facility at an existing office building to be roof -mounted and a ground level equipment cabinet located at 3333 Brea Canyon Road (west side, south of Diamond Bar Blvd). Applicant: Keith International, Inc. 22690 Cactus Ave. Ste. 300, Moreno Valley, CA Property Owner: Metro Diamond Bar Property Inc., 2030 Main St. #1020 Irvine, CA Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt pursuant to Section 15301(e) RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 96-13 and Development Review 96-12,. Findings of Fact, and conditions as listed within'the attached resolution. 8. PLANNING COMMISSION ITEMS: 9. INFORMATIONAL ITEMS: 10. ADJOURNMENT: October 14, 1996 2 MINUTES OF THE CITY OF DIAMOND.'BAR REGULAR -MEETING OF THE PLANNING COMMISSION SEPTEMBER 9, 1996 CALL TO ORDER: Chairman Goldenberg called the meeting to order 'at 7:08 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California.. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Vice Chairman Ruzicka. ROLL CALL: Present: Chairman Goldenberg, Vice Chairman Ruzicka, Commissioners and Schad and Fong. Absent: Commissioner McManus. Also Present: Community Development Director James beStefano, Senior Planner Catherine Johnson, Assistant Planner Ann Lungu, City Attorney William Rudell, and Recording Secretary Carol Dennis. ' MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Craig Clute, 21217 Fountain Springs Road, referring to Conditional Use Permit No. 94-7, stated he is concerned about landscaping, undergrounding of utilities, and fuel storage. In addition, he indicated his concerns about the project's impact on the Walnut Valley Unified School District's slope revegitation.and irrigation, system on the southerly portion of the Diamond Bar High School property. He pointed out that L.A. Cellular's subcontractor has installed an improper drain system and damaged the school district's sprinkler system which has resulted in erosion on the slope adjacent to Fountain Springs Road at Brea Canyon Road. CONSENT CALENDAR: 1. Minutes of August 26, 1996.. VC/Ruzicka made a motion, seconded by C/Schad to approve the minutes of August 26, 1996 as presented. The motion was approved 3-1-1 with C/Fong abstaining. OLD BUSINESS - None NEW BUSINESS - None September 9, 1996 Page 2 Planning Commission PUBLIC HEARING: 1. Pursuant to Subdivision Code Section 21.16.020 Vested Tentative Tract 52203 is a request to subdivide a gross acre site into 16. numbered lots for single family residential development and six (6) lettered lots for streets and landscaping. This proposal is -a further subdivision with 91 residential -lots and 2 remainder lots which are part of the South Pointe Master Plan located on the west of Brea Canyon Road north of Pathfinder Road. Property Owner: City of Diamond Bar, 216 ' 60 E. Copley Drive, Diamond Bar, CA; and Arciero and Sons, 950 North Tustin, Anaheim, CA 92807 Applicant: Diamond Crest Estates, LLC, 27285 Las Rambles, Suite 230, Mission Viejo, CA 92691 CDD/DeStefano read the staff report into the record. He used visuals to point out the location of the proposed project and the balance of the*South Pointe Master Plan area. Staff recommends that the Planning commission adopt the resolution recommending City Council approval of Vesting Tentative Tract Map No. 52203, subject to the Findings of Fact, and conditions of approval as listed within the resolution. CDD/DeStef ano responded to Chair/ Goldenberg that the City has received an offer to purchase the 6.3 acres from Arciero and Sons. The City has proceeded, through regulatory process, to offer the property for sale to other public agencies. The acceptance of offers concluded today with no offers received by the City. Based upon the conclusion of the process, the City may proceed to sell the property to anyone. Mr. Arciero is fulfilling his obligations outlined within the previous Tract to seek purchase of the 6.3 acres. The City will commence negotiations with Mr. Arciero in the near future. The Planning commission may make a decision on this project based upon the stated conditions that the applicant conclude acquisition with an adjoining property owner, especially when the adjoining property owner is a part to and cognizant of, the issues involved. The Map will not exist unless the sale transaction concludes. C/Schad ask if a park is shown to be on the proposed 6.3 acres. CDD/DeStefano resp6nded to C/Schad that there is no park as a component of the proposal. The applicant is required to provide park in lieu fees to the City. Park September 91 1996 Page 3 Planning Commission uRAFT in lieu fees for a 91 unit project amount to approximately $120,000 and for a 16 unit project, the fees amount to approximately $25,000. A 30 acre active/passive park was proposed for the overall 90 acre master plan. In addition, open space was proposed for the area. Those projects dropped out for various reasons. He stated that to his knowledge, there has never been a park discussed for the 6.3 acre site. Frank Arciero, Jr., Arciero and Sons, stated his firm has developed residential property in the,Diamond Bar area for approximately 20 years. He 'indicated the proposed two product lines will include units of 3100 to 3400 square feet and 3400 to 3900 square feet. The architecture is proposed to be Mediterranean. The units will be contained within a guarded community. Chair/Goldenberg opened the public hearing. Rial Flesher stated he has lived in his Larkstone Drive property since 1984. Mr. Flesher indicated the South Pointe Master Plan was started by the Walnut Valley Unified School District prior to Diamond Bar incorporation. He further stated, he agrees with the proposed project. He asked the Planning lanning commission to require that the access road to South Pointe Middle School be constructed wider than what has been proposed. C/Fong asked Mr. Flesher'if he feels the proposed project should include a park. Mr. Flesher responded "no" and that he did not want any additional traffic on his street. He indicated that there is adequate accessible park space available to his area. C/Fong asked Mr. Flesher if he is in favor of the proposed 16 units. Mr. Flesher responded that he is in favor of the proposed project. The 6.3 acres is not usable as park land. , VC/Ruzicka reiterated Mr. Flesher's approval of the proposed project with the widening of the access road. Mr. Flesher responded to VC/Ruzicka -that he suggests the Planning commission and City Council consider the impact of a narrow access road on theproposedproject and ask the developer open the street wider than what is proposed. He indicated that regardless of whether the road is widened, he wants the project to go forward. Chair/Goldenberg closed the Public Hearing. VC/Ruzicka stated this project is confusing to him. He asked for further clarification of the proposed site. CDD/DeStefano pointed out the proposed project using an September 9, 1996 Page 4 Planning Commission aerial photo encompassing the South Pointe Master Plan area. CDD/DeStefano responded to VC/Ruzicka that the project consists of two adjacent rectangular shaped lots. The line between the lots represents the gated access area. CDD/DeStef ano responded that prior to building permit issuance, final design coordination will made between the public safety providers. Upon conclusion of construction, the Fire Department and the Sheriff's Department will have access through the gates. Street maintenance will be privately contracted through the Homeowners Association. C/Fong asked staff to comment on plans to incorporate a park within the proposed development. CDD/DeStefano responded that within the original South Pointe Master Plan, there was a proposal for a 30 acre public park and about 30 acres of open space. Those proposals did not encompass the land presently under consideration. They were separate properties south and west of the proposed site. Three acres proposed for Larkstone Park are currently under the tennis courts at South Pointe Middle School. This issue is yet to be resolvedby the City and the Walnut Unified School District; The City, through its General Plan and public policy discussions to acquire three acres within the immediate area. CDD/DeStefano responded to C/Fong that the completion of South Pointe Middle offers recreational opportunities. In addition, Ronald Reagan Park, Starshine, Walnut Elementary and others in the immediate area serve the residential neighborhoods of the tract. Therefore, a decision was made for the City to receive in lieu fees as opposed to additional land. The fee can only be used for improvements to existing park land or purchase of new park land. The General Plan identifies the 6.3 acre lots as Single Family Residential and not as a potential future park. C/Fong stated that in his opinion, a development of this. size should include a'park or open space. He indicated that he is concerned with the visual impact of the lot arrangement. He asked if the development can be designed to incorporate slopes, meandering pathways 'along the adjacent streets, and greenbelt areas to break up the back sides of the lots. He asked, that the project include contour , grading to preserve the natural topography as required in the City's Hillside Maintenance ordinance. He stated that he believes the. City is in September 91 1996 Page 5 Planning Commission dire need of parks. He reiterated that a development of this size and quality deserves to have open space and parks incorporated. He indicated that he believes studies should be conducted to see if open space and greenbelt areas can be provided for the proposed project. In order to answer Mr. Flesher's concerns regarding increased traffic, the City should conduct a Traffic Study to determine the impact of additional parks versus additional residences. C/Schad stated that perhaps a pocket park should be considered for this project. He indicated that he had hoped that an effort would be made to preserve the natural stream and the big row of oaks along side of the stream. He stated he has been fighting for 16 years to preserve this area. He further stated he concurs with C/Fong's concepts regarding contour grading. He indicated the project's EIR is incomplete. He agrees that the traffic in Mr. Flesher's neighborhood is impossible. He stated he recently encountered two engineers on his street who were considering a secondary access road into the back of South Pointe Middle School. He asked CDD/DeStefano if he had any knowledge of consideration of a secondary access road from Shaded Wood Road to the school. CDD/DeStefano responded to C/Shad that he is unaware of any plans to develop a road from Shaded Wood Road to the school property. C/Schad stated he objected to the building of South Pointe Middle School in the present location. Chair/Goldenberg asked C/Schad for his comments on Condition D. 11. regarding the suitability of oak trees for transplanting. VC/Ruzicka concurred with Mr. Flesher regarding the school traffic. VC/Ruzicka made a motion to continue the item to the September 23, 1996 Planning Commission meeting to allow the Commissioners time to review the Final EIR addendum and Resolution. The motion died for lack of a second. C/Schad responded to Chair/Goldenberg that it is difficult and expensive to replant oak trees. He stated that he is not certain that transplanting the oak trees from this project would be feasible, but he believes it should be reviewed by two arborists. In addition, he would like to see some of the plants relocated. September 9# 1996 1 Page 6 Planning commission C/Fong stated he is not against the developer's right to develop his property. He feels that the proposed development could be improved, He recommended that the developer work with staff to improve the quality of the development. Chair/Goldenberg reminded C/Fong that the Commission is addressing only 6.3 acres. C/Fong responded to Chair/ Goldenberg that he is suggesting reconsideration of the 6.3 acres. As presented, he cannot approve the project. CDD/DeStefano suggeste . d to C/Fong that the commission first ask for additional comments from the applicant. If the Planning Commission is uncomfortable with the project presented, it may direct that the project be reviewed and amended by staff. It would be helpful for staff to know the details of what the Planning commission would like to have accomplished. the commission may recommend to the City Council that the project be denied or approved with the recommended conditions or with other conditions that may incorporate the commission's concerns. If the Commission feels it is appropriate to include a park within the project, it may recommend that one dwelling unit be removed for purposes of creating a pocket park. Mr. Arciero stated that the 6.3 acres is essentially a flat graded piece of property. The grading of the property has been included in the approval of Tract 32400. He further stated that he believes a 'residential subdivision is the best use of the property.' The land does not lend itself to commercial or park uses. The applicant will pay in lieu fees to acquire park land in a more suitable location. He indicated he feels the proposed land layout is appropriate for the site. Mr. Arciero responded to C/Schad is that although the land has not yet been graded, the. grading of the land has been approved with the Master Plan. Chair/ Goldenberg asked Mr. Goldenberg if he could revise his grading plan to preserve some of the natural topography. Mr. Arciero responded to Chair/ Goldenberg that he cannot revise the already approved grading plan because of the access road tie-in. A revised grading plan is not engineeringly feasible. VC/Ruzicka made a motion, seconded by C/Schad to continue the item to September 23, 1996 in order to allow the Commission time to review the EIR addendum and new September 91 1996 Page 7 Planning Commission U oft. r%RAF1 Resolution. The motion was approved with the following Roll Call vote: AYES: COMMISSIONERS: VC/Ruzicka, Schad, Chair/Goldenberg NOES: COMMISSIONERS: Fong ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: McManus Chair/Goldenberg reopened the Public Hearing and continued the item to September 23, 1996. PLANNING COMMISSION ITEMS: Chair/Goldenberg asked CDD/ DeStefano to address Mr. Clute's concerns. CDD/DeStefano stated that on Friday, September 6, at about 4:15 p.m., Mr. Clute informed staff that activity had occurred on the school district property. Staff has determined that L.A. Cellular's subcontractor improperly installed an electrical pole on the property. L.A. Cellular attempted to install overhead utilities to the repeater station which is in direct violation of the CUP Conditions of Approval. Staff encountered school district personnel at the site and learned that the school district would prefer a different kind of tree than what has been planted. In addition, the school district would like fence screening to mitigate itigate the storage shed view. Staff has determined that the installation effort will have to be coordinated to insure that the City's Conditions of Approval and the homeowners needs are met by the applicant. L.A. Cellular will use a battery backup system in lieu of a fuel powered backup system. Staff will require detailed documentation regarding the proposed backup system. Chair/ Goldenberg thanked staff for their efforts toward addressing the situation. He thanked Mr. clute for reporting the matter to the City. CDD/DeStefano responded to C/Schad that the trench is a result of erosion. The trees in place were approved by the Planning Commission. Staff will work with L.A. Cellular to improve the appearance. Responding to C/Fong, CDD/DeStefano indicated the power pole installed on Friday will be removed tomorrow. The second pole was previously installed as part of an earlier application. Staff is reviewing the application to determine if the installation is proper. Staff will update the commission. VC/Ruzicka recommended that staff write a letter to L.A. Cellular outlining what has occurred since onset of this project stating that the City of Diamond Bar would like to have the project brought to a successful conclusion in spite of what has previously September 91 1996 Page 8 Planning Commission occurred. He asked that the Planning Commission, City Council and mt. Clute be copied. CDD/DeStefano responded to VC/Ruzicka that he may maintain an. inventory of projects or return the materials . to the City for filing or recycling. INFORMATIONAL ITEMS: dDD/DeStefano stated that upon conclusion of the City Council's deliberation of its goals and objectives, the item will be agendized for the Planning Commission. CDD/DeStefano stated that he approved two projects under the Administrative Development Review process: A 400 square foot outdoor patio dining area for the Diamond Bar Grill in the Lucky Shopping Center; acellular repeater device to be located on the side of the existing Armstrong Nursery building on Golden Springs Drive. ADJOURNMENT: At 8:48 p.m., there being no further business to come before the. Planning commission, C/Schad moved, VC/Ruzicka seconded,, to adjourn the meeting to September 23,- 1996. There being no -objections, Chair/Goldenberg adjourned . the meeting. Respectfully Submitted, James DeStefano Community Development Director Attest: Michael Goldenberg Chairman AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASEXILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: APPLICANT: PROPERTY OWNER: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 6.1 September 13, 1996 September 23, 1996 Vesting Tentative Tract Map 52203 A request to subdivide a 6.3 gross acre site into 16 numbered lots for single family residential development and 6 lettered lots for streets and landscaping. West side of Brea Canyon Road, north of Pathfinder Road. Diamond Crest Estates LLC 27285 Las Rambles, Suite 230 Mission Viejo. CA 92691 Arciero and Sons 950 N. Tustin Road Anaheim, CA 92807 The City Council approved Tentative Tract Map 32400 (which includes the project site) and the Findings of Fact and Statement of Overriding Considerations and Mitigation Program for the Final Environmental Impact Report for the South Pointe Master Plan (State Clearinghouse #92081040) on October 18, 1994 (Resolution 94-48). In association with the approval of VTT 32400, Conditional Use Permit 91-5 and Oak Tree Removal Permit 91-2 were . approved by City Council Resolution 94-49. 1 VTT 32400 consists of 93 lots on 47.44 acres. Ninety-one lots are approved for single . family homes, with the two residual, residentially -zoned parcels (Lots 92 and 93), totaling 6 acres (2.58 and 3.34 acres) set aside for future development. Under the current proposal, the applicant is requesting to further subdivide Lots 92, and 93 of VTT 32400 into 16 numbered lots for single family development and 6 lettered lots for streets and landscaping. Once developed, VTT 32400 and 52203 will comprise a single private, gated community. The project site is 6.3 acres of vacant land located on the. west side of Brea Canyon Road to the north of Pathfinder Road. The site is located within the Low Density Residential (RL) General Plan land use designation and the Single Family Residential, (R-1-15,000) zoning designation. The proposed project was reviewed by the Planning Commission on September 9, 1996. The Planning Commission continued this project until the meeting of September 23, 1996, to allow additional time to review the addendum to the EIR and consider other project related concerns. Issues were raised at. this meeting regarding the design of the tract, the provision of park space, the grading of the project site and the applicant's acquisition of the City owned portion of the site. The question was raised whether the tract could be redesigned to incorporate a greenbelt with a meandering walkway and enhanced landscaping to buffer the rear of the homes from the street and provide an attractive streetscape. Since the meeting, the applicant has reviewed the project and in response to the Planning Commission comments, is proposing to provide an -increased landscaped setback with a meandering walkway, and a block wall along the southerly tract boundary adjacent to the access street. This will be achieved by shifting the paved portion of .the street section to the south and removing the southerly sidewalk (which was not required). A minimum of 16' of landscaping will be provided within the ROW adjacent to the tract. The landscaping will be consistent with the vegetation that is native to the canyon area and will be arranged in natural plant groupings. This will enhance the appearance of the streetscape along the access road and provide additional buffering for the homes located adjacent to this road. The issue was also raised regarding the provision of park space within this tract. At time of review of 32400 (which includes the project site) the City Council determined that adequate recreational opportunities existed or would be available within the future in close proximity to this development, such as Ronald Reagan Park, Starshine Park, Walnut Elementary and South Pointe Middle School sites. It was therefore determined that the City would receive in -lieu fees. These fees N can only be applied to improvements to existing park land or the purchase of new land for park purposes. The preservation of the topography of the site. was also raised as an issue. As approved by the City, VTT 32400 included the approval of a grading concept for the entire site including those parcels which comprise the currently proposed VTT 52203. The alterations to the topography of the site were authorized through the . certification of the Final EIR for the South Pointe Master Plan. Therefore, the subdivision that is currently proposed is occurring on what is essentially a cleared and graded piece of land. Minor alterations will be made to the grading plan for the creation of the building pads and streets. All measures to preserve portions of the site topography were included with the previous approval of tract VTT 32400. Further, the Addendum to the EIR prepared for VTT 52203 found that since all grading and related construction activities will . conform to both existing City standards and the recommendations of site-specific geotechnical studies, no additional impacts upon earth resources are anticipated with the development of VTT 52203. A condition of approval is included in the Resolution approving VTT 32400 requiring that the applicant purchase the 6 acres of City owned property on the project site. Development of VTT 32400 and therefore VTT 52203 tract cannot occur unless this condition is fulfilled. The applicant has made an offer to the City to purchase this land. The formal 60 day period wherein the property is offered to other public agencies for purchase has elapsed and therefore, the City is now negotiating with Arciero for the sale of this property. CONCLUSION: The proposed project is consistent. with the General Plan land use designation of Low Density Residential. The project has been found to be consistent with the design and conditions for VTT 32400 and consistent the provisions of the Planning and Zoning Code. Further is has been found that the proposed project is consistent with the purpose and intent of the Subdivision Map Act and the provisions of the City's Subdivision Code. ENVIRONMENTAL ASSESSMENT: On June 3, 1994, the City Council certified the Final Environmental Impact Report (EIR) for the South Pointe Master Plan (State Clearinghouse #92081040 which includes the subject property. Pursuant to the California Environmental Quality Act (CEQA), the City has determined that potential environmental impacts associated with the proposed project will not require major revisions to the EIR in that no significant changes in circumstances under which the project was undertaken have occurred and no new information or issues of substantial 3 importance not previously addressed in the Final EIR have been identified through the subsequent environmental review. Therefore an addendum to the Final EIR has been prepared for this project. PUBLIC NOTIFICATION The application was advertised in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune on August 19, 1996 and all property owners (91) within a 500 foot radius were mailed notices of the public hearing on August 5, 1996. Further, additional public. notification was provided through mailings to property owners within the area surrounding the originally proposed South Pointe Master Plan. MANDATORY FINDINGS OF FACT 1. The proposed project is consistent with the General Plan and applicable specific plans as specified in Government Code Section 65451. 2. The design or improvements of the proposed subdivision are consistent with the General Plan and applicable specific plans. 3. The site is physically suitable for the type of development. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. 6. The design of the subdivision or type of improvements is not likely to cause serious health problems. 7. The design of the subdivision and 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. RECOMEMENDATIONS: The staff recommends that the Planning Commission recommend City Council approval of Vesting Tentative Tract Map . 52203 and the Addendum to the EIR for the South Pointe Master Plan (State Clearinghouse #92081040) subject to the Conditions of Approval contained within Planning Commission Resolution 96 -XX. M Catherine Johnson, Senior Planner ATTACHMENTS: Plans Staff Report dated September 9, 1996 Draft Resolution of Approval for Vesting Tentative Tract 52203 Exhibit B, Draft Conditions of Approval for Vesting Tentative Tract 52203 Addendum to EIR 5 t r L Jjl: M p1w 'F FFFFF r............. 7 f 'tjj 0 N C, illy Mw !!E -t z 5 41i* SL Jjl: M p1w 'F FFFFF Z O ryQ W U w 0 H U LU 7 O CG CL 0 co z O F- C) 1-U 1n Jif ° o o N - � �, -i o d_ i Yii°` r`i.� jD'� i=`±13 �;�;a`sY� � i E� � '; L I t r :=.e1 ti Imo° �=i�a4 =�'• � 3�;� ' Y- III_ uI_ i ' Y- I 77 M O N N LO Z CL G U+� 4L W z W t.7 Z tl) W III_ I 77 M O N N LO Z CL G U+� 4L W z W t.7 Z tl) W '' ? ''_ -•._ „--•.�. — - -t- — — Arm' tr J ; Iv a.'��`, �/ fir• t ..� I ; i R\I I �� i� /� i i i. ./� \ y:.•7 .r i r � J•���4t ^^'_ — _.— — _'�._" / yam''. ij.-' ;.. �'�''� IT, 7 %• .l �` p., � t i.j''t--t-t-;�� �—� I is �''rl• ,,;' d'� � L t ��.._--• ---t=om-- ©moi -^'a' — . ;,':� �}------- ._.�•:-�=`=C`�- � � Irl._ � 11 i ,� '� � I �\ L^^ t,._.��:3•• �•,s9' � . ^ � ' �' �t ; I ~ � '� �; .tom.^� - k7a/ ��r/s `:!� ��2�t \ts� S _I E- Vii~ ,•�,', !'~^` _. b IT CV k � 1. ,i� � . -•-`". } � \� �/. +cid {J Cd ;.i G a� • H City of Diamond Bar PLANNING . COMMISSION AGENDA ITEM NUMBER: 6.1 REPORT DATE: August 27, 1.996 MEETING DATE: September 9, 1996 CASE/FILE NUMBER: Vesting Tentative Tract Map 52203 APPLICATION REQUEST: A request to subdivide a 6.3 gross acre site into 16 numbered lots for single family residential development and 6 lettered lots for streets and landscaping. PROPERTY LOCATION: West side of Brea Canyon Road and north of Pathfinder Road. APPLICANT: Diamond Crest Estates LLC 27285 Las Rambles, Suite 230 Mission Viejo. CA 92691 PROPERTY OWNER: Arciero and Sons 950 N. Tustin Road Anaheim, CA 92807 BACKGROUND: The project site is part of what was originally known as the South Pointe Master Plan. As initially conceived, the plan proposed a mixed-use planned development comprised of 171 acres, encompassing approximately 290,000 square feet of commercial development, a school, 200 single family residences and three tentative maps (VTT 32400, VTT 51407 and TT 51253). The South Pointe Master Plan was never approved in its original form. After several years, numerous public hearings and revisions to the Plan, the City Council approved Tentative Tract Map 32400 (which includes the project site), and the Findings of Fact and Statement of Overriding Consideration and 1 Mitigation Program for the Final Environmental 'Impact Report for the South Pointe Master Plan- (State Clearinghouse #92081040) on October 18, 1994 (Resolution 94-48). In association with the approval of VTT 32400, Conditional Use Permit 91-5 and Oak Tree Removal . Permit 91-2 were approved by City Council Resolution 94-49. VTT 32400 consists of 93 lots on 47.44 acres. Ninety-one lots are approved for single family homes, with the two residual, residentially -zoned parcels (Lots 92 and 93), totaling 6 acres (2.58 and 3.34 acres) set aside for future development. The 78 acre area adjacent to the South Pointe Middle School encompassed by VTT 51407 was acquired from RNP Development by the Walnut Valley Unified School District in August of 1994. In December of 1994, VTT 51407 was denied by the City Council. On May 14, 1995, TT 51253, proposed by the Sasak Corporation was approved for 21 residential units on 7 acres. Under the current proposal, VTT 52203, the applicant is requesting to further subdivide Lots 92 and 93 of VTT 32400 into 16 numbered lots for single family development and 6 lettered lots for streets and landscaping. Once developed, VTT 32400 and 52203 will comprise a single, private, gate guarded community. The project site is located within the Low Density Residential (RL) General Plan land use designation and the Single Family Residential, (R-1-15,000) zoning designation. The surrounding land uses and zoning include single family residential development zoned R-1 8,000 to the north, vacant land designated Residential Planned Development (RPD) 10,000, to the south, Brea Canyon Road and the 57 Freeway. to the east, and the South Pointe Middle School to west which has a zoning designation of R-1 15,000. APPLICATION ANALYSIS: Site Description: The project site is an irregularly shaped, 6.3 acre vacant site located at the southerly end of VTT 32400. It is located on the west side of Brea Canyon, Road to the north of Pathfinder Road, in the eastern Puente Hills. The primary topographic feature of the project area is Sandstone Canyon. Under the approval of VTT 32400 the area extending from the southerly reach of Sandstone Canyon bordered on the east by Brea Canyon Road, extending westerly to Morning Sun Drive, including the existing intermittent blue -line stream will be preserved, although a portion of the canyon will be filled for development purposes. Final plans have been submitted for VTT 32400 and are currently undergoing review. 7 Project Description Pursuant to Subdivision Code Section 21.16.020 Vesting Tentative Tract No. 52203 is a request to subdivide a 6.3 gross acre site into 16 numbered lots for single. family residential development and 6 lettered lots for streets and landscaping. The approval of a vesting tentative map grants the developer a vested right to develop the tract in compliance with the ordinances, policies and standards in effect at the time the application for the vesting tentative tract map was deemed complete. The- RL land use designation permits a maximum of three units per acre. VTT 52203 proposes 2.5 units (16/6.3) per acre. Therefore, the proposed project is in compliance with the General Plan. Lots 1-16 represent the residential lots, Lots A -C are proposed for private streets, . and Lots D -F, for open space. The average lot size (including the numbered and lettered lots) is 17,152 square feet. The actual lot sizes range from 7,606 (Lot 8) to 16,785 square feet (Lot 15). The pad areas range in size from 7,000 square feet (Lot 7) to 16,785 square feet (Lot 15). The average lot width is 58.' Grading for VTT 52203 will require 2 cubic yards of cut and 15,088 cubic yards of fill. As previously noted, VTT '32400 and 52203 will comprise a single, private, gated community. As approved, access from Brea Canyon Road is provided from two points. Access to VTT 32400 is provided from both an approved road located at the northwestern end of this tract and a secondary access is located at the southerly end of VTT 52203. The alignment of the access . road was approved by the City as part of VTT 32400 to connect Brea Canyon Road and the South Pointe Middle School. The boundary of this road generally parallels the southerly boundary of VTT 52203. The interior streets will be private and will generally have a right-of-way (ROW) of 60', although portions of streets "A" and "B" will have a ROW of 54'. While privately maintained, all streets will include curbs, gutters and sidewalks. Street "C," which will be reconfigured from that approved as part of VTT 32400, will accommodate a vehicle turn -around with information kiosk, landscaped median and restricted access gateway. ISSUES: Planning and Zoning Code Consistency: VTT 52203 represents a further subdivision of lots 92 & 93 of VTT 32400. However, a separate application has been submitted for VTT 52203 and 3 technically, this is a new map, subject to compliance with the General Plan and the Subdivision and Planning and Zoning Code regulations. However, while VTT 52203 is technically a separate map, in design and functional terms, VTT 32400 and 52203 can be considered a single project. Under the provisions of the Planning and Zoning Code Sec. 22.56.205, VTT 32400 was approved as a density -controlled development. In compliance with the specifications of this Section, VTT 32400 was designed to provide for the concentration of dwelling units on a portion of project area resulting in the remainder of the being free of buildings or structures and retained as permanent open space. This concept is known as "clustering" and is generally applied to sites that have topographic constraints in order, to minimize impacts to the environment while providing residential uses with open space amenities. VTT 32400. achieved this type of development by computing density on a project level and through the use of smaller lots than are customarily permitted in the R-1= 15,000 zone, which are averaged with the open space portions of the site to achieve the density required by the General Plan. According to the findings adopting the South Pointe Master Plan EIR, "a significant percentage of the project site will be retained in its existing natural condition; thereby, limiting the potential visual and related effects associated with this landform alteration." VTT 32400 as approved, utilized lot averaging to preserve a significant portion of the site for open space, reserving development to portions of the site where it will have the .least amount of impact. Conditions of approval were adopted for VTT 32400 which comprise the development regulations for this tract. These conditions are very specific in terms of minimum required lot size, required widths and setbacks. One of the primary condition establishing the parameters for the development of this tract states: "Each parcel shall provide a minimum of 7,200 square feet and a minimum pad size of 6,000 square feet. Each lot shall provide a minimum frontage of 60 feet and 40 feet on cul-de-sacs and knuckles. Front setbacks shall be a minimum 16 from right-of-way with an average of 18 feet. Sideyard setbacks shall be a minimum of 5 feet and 10 feet clear with rear setbacks of 20 feet as measured from the structure to top of slope of building pad. Homes shall be staggered with a minimum 18'. average front setback to prevent a series of similar front setbacks." As proposed, VTT 52203 is consistent with the conditions of approval adopted for VTT 32400 and exceeds the minimum permitted lot size. Lots within the proposed tract range in size from 7,606 square feet to 16,785 square feet. However, as proposed, VTT 52203 is not in compliance with the minimum lot size requirements for the R-1-15,000 zoning designation established by the Code. 4 J The Subdivision Code Section 21.52.010 states "Whenever, in the opinion of the advisory agency, the land involved in a subdivision is of such size or shape...or is affected by such topographical location or conditions, or is devoted to such usage; that it is impossible or impractical for the - subdivider to conform fully to a regulation contained in this Title 21, the advisory agency may .... modify the regulation, provided that ..... the advisory agency shall first find that a special individual reason makes the strict letter of the regulation impossible or impractical of observance and that the modification is in conformity with the spirit and purpose of the Subdivision Map Act and of this title...." Staff believes that VTT 52203 meets the criteria for this modification. The proposed map is part of the larger VTT 32400 and is subject to the same topographic constraints. ; These constraints have been found to be successfully addressed by VTT 32400 through the of creation of smaller. lots and the preservation of open space. The same development standards are appropriate for VTT 52203. Therefore it can be found that the topographic constraints of VTT 52203 make the adherence to the letter of the Subdivision Code impractical . Further, the tracts share the same private street system and gate guarded entrances. As shown on the plans, the tracts will connect along "Street A" and "Street B," on the east and west sides of VTT 52203. There will be no visible distinction between the developments because they both have access and frontage off of the same private road -ways. Additionally, both tracts take their primary external access from Brea Canyon Road. Further the tracts, will be graded as a whole, and will both utilize the same portions of the sewer and storm drain system. One of the primary purposes of the Subdivision Map Act is to encourage orderly community development by providing for the regulation and control of the design and improvement of subdivisions with proper consideration of its relationship to adjoining areas. Staff believes that by creating lots that are consistent in size and configuration with the contiguous tract, rather than the larger lots prescribed, by the letter of the Code, the intent of the Subdivision Map Act is being adhered tobecause the resultant subdivision will be of a superior design. Conclusion: The proposed project is consistent with the General Plan land use designation of Low Density Residential. The project has been found to be consistent with the design and conditions for VTT 32400 and consistent with the provisions of the Planning and Zoning Code. Further is has been found that the proposed project is consistent with the purpose and intent of the Subdivision Map Act and the provisions of the City's Subdivision Code. 5 On June 3, 1994, the City Council certified the Final Environmental Impact Report (EIR) for the South Pointe Master Plan (State Clearinghouse #92081040 which includes the subject property. Pursuant to the California Environmental Quality Act (CEQA), the City has determined that potential environmental impacts associated with the proposed project will not require major revisions to .the EIR in that no significant changes in circumstances under which the project is undertaken have .occurred and no new information or issues of substantial importance not previously addressed in the Final EIR have been identified through the subsequent environmental review and therefore an addendum to the Final EIR has been prepared for this project. The application was advertised in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune on August 19, 1996 and all property owners (91) within a 500 foot radius were mailed notices of the public hearing on August 5, 1996. Further, additional public notification was provided through mailings to approximately 300 property owners within the area surrounding the originally proposed South Pointe Master Plan. 1. The proposed project is consistent with the General Plan and applicable specific plans as specified in Government Code Section 65451. 2. The design or improvements of the proposed subdivision are consistent with the General Plan and applicable specific plans. 3. The site is physically suitable for the type of development. 4. The site is physically suitable for the proposed density of development. 5. The design of the subdivision is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat. 6. The design of the subdivision or type of improvements is not likely to cause serious health problems. 7. The design of the subdivision and 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. 0 RECOMMENDATIONS: The staff recommends that the Planning Commission recommend City Council approval of Vesting Tentative Tract Map 52203 subject to the Conditions of Approval contained within Planning Commission Resolutions 96 -XX. PREPARED BY: Catherine Johnson, Senior Planner ATTACHWNTS: Application Plans Draft Resolution of Approval for Vesting Tentative Tract 52203 Exhibit B, Conditions of Approval for Vesting Tentative Tract 52203 7 Record Owner CITY,"F DIAMOND BAR Case# 2 CONBil.�AITY DEVELOPMENT DEPARTMENT =" Date Recd .4 21660 E. Copley Drive Suite 190 Fee $ (909)396-5676 Fax (909)861-3117 Receipt#9'� SUBDIVISION APPLICATION By C T' Name ARCIERO AND SONS (Last name fust) Address 950 North Tustin City Anaheim Applicant Applicant's Agent Cunningham, Todd McGannon, Tom (Last name first) (Last name first) Diamond Crest Estates LLC Hunsaker & Associates Irvine, Inc. 27285 Las Ramblas, Suite 230 3 Hughes Zip 92807 Mission Viejo, CA 92691 Irvine, CA 92718 t C, tO Phone( ) (714) Phone( ) (714) 348-8163 Phone( ) (714) 583-1010 F -AK 0 X51 U 7-1 .SZ 203 NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of. the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the o r of the herein described property and permit the applicant to file this request. ate D _. _Signed -- (All record owners) Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name (Applicant or gen Signed /c'�'_- --- Jjt Date .5-- 1-4^ 9 G (Applicant or gen Location VTTM 32400, Brea Canyon Road (Street address or tract and lot number) between Pathfinder Road and Glennbrook Drive (Street) (Street) Zoning R-1-15,000 Hillside Modification HNM Previous Cases TT 234883 CUP 91-5, EIR 92-1, Oak Tree Permit 91-2 Present Use of Site Vacant Use applied for Residential Subdivision Domestic Water Source Existing Water System company/District Walnut Valley Water District Method of Sewage Disposal Sanitary Sanitation District Los Angeles County Grading of Lots by Applicant? YES X ' NO Amount (Show necessary grading design on site plan or tent. map) LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone change, attach legal description of exterior boundaries of area subject to the change.) (See Attached) Project Site: 6.3 Tentative Map Number 52203 Gross Area Lots: Existing Proposed 16 Area devoted to : Structures A 4 4 Open Space Residential project 6.3 Acres and 2 Gross Area No. of floors Proposed Density 2 9 Dwel 1 i nq Uni is/Acre Units/Acre Number and types of Units _ 16 - Single Family Residential Parking: Type Required Provided Total 9507117-53, TB, CD !ZD- May 10, 1996 THE MAP REFERRED TO HEREIN IS A SUBDIVISION OF: PORTION OF SECTION 17,'TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND. b. Topography/slopes Hilly *c. Vegetation Refer to EIR No. 92-1 for Complete Description *d. Animals Refer to EIR No. 92-1 for Complete Description *e. Watercourses Refer to EIR No. 92-1 for Complete Description f. Cultural /historical resources Refer to EIR No. 92-1 for Complete Description Other 2. Environmental Setting — Surrounding Area a. Existing uses structures (types, densities): Existing Single Family to the North, Freeway to the East, Vacant to the South and West. b. Topography/slopes Hi 11 y *c. Vegetation Refer to EIR No. 92-1 for Complete Description. *d. Animals Refer to EIR No. 92-1 for Complete Description, *e. Watercourses Refer to EIR No. 92-1 for Complete Description, f. Cultural/historical resources Refer to EIR No. 92-1 for Complete Description g. Other '` Answers are not required if the area does not contain natural, undeveloped land. 3. Are there any major trees -Va the site, including oak trees? YES NO If yes, type and number: Refer to Oak Tree Permit No. 91-2 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development? YES NO If yes, explain: Natural Water Course will be eliminated by Development and replaced by a Storm Drain System 5. Grading: Will the project require grading? (YEP NO If yes, how many cubic yards? 251,539 cut.216,503 fill Will it be balanced on site? NO If not balanced, where will dirtbe obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NO If yes, explain: Refer to EIR No. 92-1 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? C_ a" NO Distance to nearest fire station: 1.5 Miles 8. Noise: Existing noise sources at site: Freeway Noise to be generated by project: Construction Noise during 'Development Fumes: None Odors generated by project: None Could toxic fumes be generated? No 9. What energy-conserving,tI—igns or material will be used? f - See EIR No. 92-1 r CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and•belief. Date Signature For:y+� .�cY 4i Asa,-.. /191—+ EASEMENTS OF RECORD AFFIDAVIT STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF DIAMOND BAR I, �Gf'i Sig , declare under penalty of perjury that all easements of record, [as shown on Preliminary Title Report No. ��'7/! % "S 3 Dated furnished this office by (company) I a LeS Ak / S ] are shown on the tentative map No. and that if the easements are blanket or indeterminate in nature that a statement to that effect has been placed on the tentative map. The purpose and ownership of all easements are also stated. Executed at --:CY'V1V" , California, this , /IT day of W1ac1 , 19 9 G Signature Owner/Subdivider/Subdivide;�� NOTE: The use of that portion of the affidavit in bracket is optional and may be deleted. Environmental Information Form for Residential Protects (To be completed by,applicant) General Information: Date Filed: May 10, 1996 Pertinent Permits/Applications: VTTM 32400, CUP 91-5, Oak Tree Permit 91-2, E I R 92-1 Project Information: 1. Name, Address and Phone Number of Project Sponsor: DIAMOND CREST ESTATES LLC . 27285 Las Ramblas, Suite 230 Mission Viejo, CA 92691 (714) 348-8163 2. Name, Address and Phone Number of Key Contact Person(s): HUNSAKER & ASSOCIATES IRVINE,. IN.C. Three Hughes Irvine, CA 92718 (714) 583-1010 3. Project Address: 8763-026-008 4. Project Assessor's Bloch and Parcel Number(s): 5. Other Identification (other recorded/map location information): VTTW 32400 6-A. Does the project require any of the following actions by the City: YES NO Variance:, Conditional Use Permit: % General Plan Amendments x 6-B. List and describe any other related standards, permits and other public approvals relevant to this project, including those required by city, regional, state and federal agencies: VTTM 32400, CUP 91-5, Oak Tree Permit 91-2, EIR 92-1 7. Land Use Designations: Adopted General Plan Designation: Residential Adopted Zoning: R-1-15,000 Hillside Modification 8. Proposed Specific Use of Site: Single Fami,ly Residential Project Description 9-A. Site Dimensions and Gross Area: Approximately 6.3 acres 9-B. Legal Description of the Project: (attach copy to this fonn if necessary) (See.Attached) K 9507117-5s, TB, CD /ZD- May 10, 1996 THE MAP REFERRED TO HEREIN IS A SUBDIVISION OF: PORTION OF SECTION 17,' TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND. 10. Project Detail Attach a separate page of descriptive data for each housing type included in this project: a. Number of Housing Units by type. b. Floor Area by type (minimum, maximum, and average square footage). C. Number of floors (stories) for each type. d. Housing market targeted (demographic profile). e. Estimated market sales price or estimated market rents. L Describe all amenities proposed (for example, landscaping, recreation equipment, common use facilities, trials, etc.). g. Minimum lot size. (Net lot area, not including Right -of -Way). h. Maximum lot siz_.. (Met lot area, not including Right -of -Way). i. Average lot size. (Net lot area, not including Right -of -Way). j. Number of lots which do not meet City Standards. 11. Describe public or private utility easements, utility lines, structures or other facilities which exist on the surface or below the surface of the project site. 66" RCP Storm Drain 12. Associated Projects: (Projects or -potential projects which are directly related to this project, ie: potential developments which require completion of this project): VTTM 32400 13. Describe any anticipated Phasing for this project: (Number of Units & Time Frame) Single Phase 14. Attach one copy of each of the following: a. Preliminary Soils Report 11 hratiminn v rt--nInv;r Tnve_stiaation. C. Drainage Study. d. Topographic Map highlighting any existing slopes of 2-5 % or more. e. Tract Map, Parcel Map, or Plot Plan clearly showing each area of cut and each area of fill: all residential unit pads (if known), and any areas with slopes 25 q or more. L Photographs showing the site from different (ie: north, south, east, west) vantage points and photographs showing vistas (ie: north, south, east, west) from the site. Are the following items applicable to the proposed project or its effects? (Discuss below all items which apply to this project: attach additional sheets as necessary) 15. Grading: Maximum depth of excavation: Maximum depth of fill: 66' Quantity of soil moved: 470,042 cubic yards. Will there be an on-site balance of cut and fill?: Yes Quantity of import/export: N/A 16. Viewshed: Describe any change in the appearance of the site resulting from the project as proposed. 17. Describe how the proposed project will fit into its surroundings (ie: will the proposed project blend into an existing neighborhood? How will it relate to the size; scale, style and character of the existing surrounding development?)' The Proposed Project will be compatible as to massing and scale with surrounding Residential Projects. 18. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity. (ie: Will the flow of any permanent or intermittent surface/subsurface water change as a result of this project? How?: Will there be any injection wells, septic systems, or other facilities which .may affect surface or subsurface water quality?) Surface Flow will be altered by the Development. Where necessary, flows will be directed to Storm Drain Facilities. construction will this project directly or indirectly cause the generation of noise and or vibration greater than, any that exists now?) None 20. Describe any residential construction proposed on filled land (ie: identify the lot number of each structure proposed to be built on filled land). Lots 1 through 9 21. Do any significant trees exist on the project site now? Describe the effect this project will have on them. (ie: Oak and Walnut tress are considered significant'. Describe whether the proposed project will disturb or cause removal of any of these trees). See Oak Tree Permit 91-2 22. Is the project site located in a national, state, regional or locally designated area of historical, environmental or other significance? If so describe. (ie: is the site an area designated as a hillside. management area, significant ecological area, significant mineral resource area, etc.) No Environmental Setting: 23. Describe the environmental setting (synopsis) of the project site. This narrative shall include a description of the soil stability; slopes, drainage, scenic quality, plants and animals which may exist on the site now, and any existing structures and the existing land use of the project site. See EIR 92-1 24.' Describe the surrounding properties (synopsis). This narrative shall include a description of the soil• stability, slopes, drainage, scenic quality, plants, and animals which may exist. Indicate the type of land use (residential, commercial, etc.), intensity of land use (single-family, multi -family, density, commercial, professional, etc:), and scale of development (height, frontage, set -back, etc.) in the adjacent surrounding area. See EIR 91-2 Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for initial environmental evaluation of the proposed project. .All information is to the best of my knowledge, belief and ability to determine factual, true, correct and complete. Date: S"' /4 Signature: For 4tcj;AALr 4 ASez,-43 Yvlw ZC'H.c . Completion of this form is required to begin review of a project. Information within this form and the required attached materials will assist the City in determining whether a Negative Declaration may be granted, whether a 'Mitigated Negative Declaration -may -he -granted; or ;whether'Rnvironmental Impact Report -shall be required.- Revised equired. Revised 1195 Subdivision PLANNING COMMISSION RESOLUTION N.O. 96 -XX A RESOLUTION'OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP 52203 A REQUEST TO SUBDIVIDE A 6.3 GROSS ACRE SITE INTO SIXTEEN NUMBERED LOTS FOR SINGLE FAMILY RESIDENTIAL DEVELOPMENT AND 6 LETTERED LOTS FOR STREETS AND LANDSCAPING AND THE ADDENDUM TO THE EIR FOR SOUTH POINTE MASTER PLAN (STATE CLEARINGHOUSE #92081040), LOCATED ON THE WEST SIDE OF BREA CANYON ROAD, NORTH OF PATHFINDER ROAD IN DIAMOND BAR CALIFORNIA. A. RECITALS. 1. The property owner, Arciero and Sons, the applicant Diamond Crest Estates, LLC, and the applicant's agent, Hunsaker and Associates, together, the "Applicant" have filed an application for Vesting Tentative Tract Map 52203. 2. On April 18, 1989, the City of Diamond Bar was established as a ....duly .-organized municipal.. corporation of. the. -State -of Cal-ifornia. Thereafter,, the City Council of the City of Diamond Bar adopted its ordinance No. 14 (1990), thereby adopting the Los Angeles, County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. on July 25, 1995, the City of Diamond Bar adopted a General Plan. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that, the proposed project is consistent with the General Plan. , 4. The Planning Commission of the City of Diamond Bar on September 9, 1996 and September 23, 1996 conducted duly noticed public hearings on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on August 19, 1996. Ninety-one property owners within a 500 foot radius of theproject site were notified by mail on August 16, 1996. Further, additional public notification was provided through mailings to approximately 300 property. owners within the area surrounding the originally proposed South Pointe Master Plan. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the 9 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 determines that potential environmental impacts associated with the proposed project will not require major revisions , to the Final . Environmental Impact Report (EIR) for the South Pointe Master Plan (State Clearinghouse #92'081040) which includes the subject property, in that no substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of the previously identified significant . effects; no substantial changes in circumstances under which the project is undertaken which will require major revisions of the previous EIR have occurred due to indirect or new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and no new information or issues of substantial importance which were not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete shows any of the following: (a) The project will have one or more significant effects not discussed in the previous EIR; (b) Significant effects previously examined will ' be significantly more severe than shown in the previous EIR. (c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; (d) Mitigation measures or alternatives which -are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation or alternative. Therefore an addendum to the EIR has been prepared and is hereby being approved. 4. Based on the findings and the conclusions set forth herein, this Planning commission hereby finds as follows: (a) The project relates to a vacant parcel, approximately 6.3 acres in size located on the west side of Brea Canyon Road, north of Pathfinder Road. The project site is, -zoned Single Family Residential, R-1-15,000. It has a General Plan, land use designation of Low Density Residential (RL). The proposed map and the design and improvement of the proposed subdivision is consistent with the allowable density of development 9 permitted within the RL General Plan land use designation, General Plans goals and strategies. This ..site is not part of a specific plan. (b) Generally, the following zones and uses surround the project site: to the north is the single Family Residential -minimum Lot Size 8,000 Square Feet (R-1- 8,000) Zone; to the south is vacant land zoned Residential Planned Development (RPD -10,000), Brea Canyon Road and the 57 Freeway to the east, and the South Pointe Middle School to the west, which has a zoning designation of (R-1-15,000). (c) The proposed project is a request to subdivide a 6.3 gross.acre site into 16 numbered lots for residential development and 6 lettered lots for streets and landscaping. (d) The proposed project will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing in the surrounding area; or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of -the site; or (3) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare; and (e) The proposed site is physically suitable for the type and proposed density of development in that it is adequate in size and shape to accommodate the proposed development features. (f). The project site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; the site is adequately served by Brea Canyon Road and private roadways will be constructed within the subject tract which have been reviewed and determined to be adequate to accommodate traffic generated by this project -and; (2) By other.public or private service facilities as are required. This project has been conditioned to provide or be connected to all necessary public services and facilities. (g) The design and layout of the proposed project will not be materially detrimental to the use, enjoyment of neighboring existing or future development, and will not create traffic or pedestrians hazards. Vest . ing Tentative Tract Map 52203 has been designed. with lots and a system of private streets which are adequate to accommodate the proposed level of residential development. 3 (h) The design of this project will provide a desirable environment for its occupants and visiting public as. well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The project has been designed and conditioned to ensure that it will provide a desirable environment for'its residents and the homes will be. constructed providing good aesthetic use of materials and design. (i) The design. of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat, in that an EIR (SCH #92081040) has been certified for the project site by the City Council on June 3, 1994 and Findings of *Facts and Statement of overriding Considerations and Mitigation Reporting and -Program has been adopted 'by the City Council on October 18, 1994, which has adequately addressed any potential impacts on wildlife at this site. (j) The design of the subdivision and 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. The proposed map has been reviewed by the Planning Division and Engineering Department and it has been determined-- .that the --proposed - ---subd-ivision :and. any improvements will not conflict with any on-site easements for public access. 5. Based on the findings.and conclusions set forth above, the Planning Commission hereby approves the Application sub- ject to the following conditions: (a) The project shall substantially conform to plans collectively labeled as Exhibit "All dated September 9, 1996, as submitted and approved by the Planning Commission. b) The project shall conform to the Conditions of Approval collectively labeled as Exhibit "B" dated September 23, 1996 as submitted and approved by the Planning Commission. (c) This grant is valid for two years from the date of the City Council resolution and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (d) This grant shall not be effective for any purpose . until a duly authorized representative of the 4 BY: applicant and/or owner of the property involved has filed, at the office of Diamond Bar Community Development Department, the Affidavit of Acceptance stating that the applicant/ owner is aware of and accepts all the conditions of this permit. 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 Arciero and Sons, 950 North Tustin, Anaheim, CA 92807. APPROVED AND ADOPTED THIS 23RD DAY OF SEPTEMBER, 1996, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ruzicka, Acting Chairman I, James DeStef ano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23RD, day of September, 1996, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary 6 EXHIBIT B CONDITIONS OF APPROVAL 9/23/96 A. GENERAL REQUIREMENTS: 1. Approval of Vesting Tentative Tract Map No..52203 shall not be effective for any purpose until a duly authorized represe ntative of the applicant has filed with the Community Development Department an Affidavit of Acceptance, thereby accepting all conditions of this approval which Affidavit shall be filed within 15 days of the date of approval. 2. All requirements of the Resolution, the applicable Zoning District, the City Codes, City departmental policies, rules and regulations of any State, Federal or local agency with jurisdiction thereof shall be complied with by the Applicant. 3. In accordance with Government Code Section 66474.9(b) and (c), the subdivider shall def end, indemnify and hold harmless the City, its agents, officers and employees from any claim,,action or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, an approval of the City, which action is brought within the time period provided for in Government Code Section 66499.37. B. FIRE DEPARTMENT REQUIREMENTS: 1.Provide and locate water mains, fire hydrants and fire flows as . required by Fire Departmentand Fire Code. 2. Fire Department access shall be extended to within 150 feet distance of any portion of structure to be built and shown on the final map. 3. Access shall comply with Section 10.207 of the Fire Code (all weather access). 4. Driveways shall include, as necessary, turnarounds suitable for fire protection equipment use and shown on the final tap. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. 5. All required fire hydrants *shall be installed, tested and accepted prior to construction of on-site improvements. Vehicular access must be provided and maintained serviceable throughout construction. 6. All hydrants shall be brass or bronze and conform to current AWWA standard AC503 or approved equal. All hydrants shall be installed a minimum of 251 from a structure. C. COMMUNITY DEVELOPMENT DEPARTMENT REQUIREMENTS: 1. Vesting Tentative Tract Map 52203 shall be recorded in concert with Vesting Tentative Tract Map 32400. In the event that Vesting Tentative Tract Map 32400 is not recorded, Nesting Tentative -Tract Map 52203*shall not be recorded as a separate, independent tract. 2. The site shall be developed and maintained in accordance with the approved Vesting Tentative Tract Map and plans approved by the City Council. 3. E I xterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday, except that interior building construction activities shall not be limited. All construction equipment shall be properly muffled to reduce noise -levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00, Monday through Saturday. All equipment staging areas shall be sited on the subject property. Dust generated by construction activities shall be reduced by watering the soil prior to and during grading activities. Use of. reclaimed water shall be used whenever possible. 4. Applicant shall pay development fees (including, but not limited to, planning, building and school fees) at the established rates prior to recordation of the final map and issuance of building permits. 5. Prior to issuance of building permits, the applicant/subdivider shall prepare and submit to ithe Director of Community Development for approval a "Buyers Awareness Package" addressing VTT 32400 and VTT 52203 as a single development, which shall include, but not be limited to, information pertaining to geologic and environmental issues regarding.. the , property, freeway noise, proximity to bus routes and oak tree preservation issues, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. Applicant shall institute a program to include delivery of a copy of said "Buyer Awareness Package" to: each prospective purchaser and shall keep on file in the office of Applicant with copies to the City' and a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information contained within the "Buyer Awareness Package." 6. Prior to the issuance of building- permits' the variety of materials and colors to be used on the exteriors of residential structures shall be approved in form and *color. -by the community Development Director as a part of the Development Review of the model homes. 7. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed or bonded for, to the satisfaction of the City Engineer. 8. The use authorized by this approval shall be commenced or construction necessary and incidental thereto shall be started on or before the time. limit specified herein and thereafter diligently advanced on or before the (2) second year after the expiration of City Council approval. 9. Applicant shall pay all remaining city project review and processing fees prior to recordation of the tract map as 2 W required by the Community Development Director. D. RESOURCE MANAGEMENT PLAN REQUIREMENTS 1. As a. means of mitigating potential environmental impacts, the applicant shall suspend construction in the vicinity of a cultural resource encountered during development of the site, and leave the resource in place until a qualified archaeologist can examine them and determine -appropriate mitigation measures. The applicant shall comply with mitigation measures recommended by the archaeologist and approved by the Community Development Director. Upon initiation of grading activities, a paleontological grading observation schedule by a Certified Paleontologist shall be maintained when grading in bedrock units to further evaluate the fossil resources of the site. Salvage operations' shall be initiated and coordinated with the project applicants if significant concentrations of fossils are encountered. 2. Plant street trees as directed pursuant to the. adopted street tree plan in effect at the time of recordation and approved by the City Engineer. 3. No underground utilities shall be constructed within the drip line of any mature tree preserved on-site except as approved by a registered arborist. 4. The mitigation monitoring program contained in EIR No. 92-1 (SCH 91081040) and approved by the City shall be implemented and "rigorously complied with - - Applicantshall deposit and maintain with the City, a fund in such amounts required by the Director of Community Development to defray the cost of implementation and monitoring -by City staff and consultants retained by City. 5. A single, detailed landscape and irrigation plan for VTT 32400 and VTT 52203 including slope planting and model home landscaping, shall be prepared by a licensed landscape architect and submitted for city review and approval prior to issuance of building permits. Fence details, tree staking, soil preparation, planting details and an automatic irrigation system and the incorporation of xerotropic landscaping shall be incorporated wherever feasible. The Applicant shall pay all processing fees associated with plan review. 6. All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow land form slope configuration and shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 7. Prior 'to approval of a project. landscape plan the applicant shall demonstrate that the landscaping palette for the project emphasizes the use of drought tolerant, native plant species with low water requirements adapted to the . inland Southern California climate. Also, plants used, in perimeter or common area landscaping shall include those which provide nectar, fruit or seeds as food for native wildlife species. With the proper selection and placement of native plants, the proposed development would retain some of its natural value. Recommended' plants for landscaping include: Big -Leaf Maple Bigberry Manzanita Coyote Brush Cean6thus Redbud Toyon Honeysuckle California Sycamore Holly -leaved cherry California Coffeeberry Holly -leaved Redberry Sugarbush Chaparral Currant Our Lord's Candle California -Fuchsia Acer macrophylla Arctostaphylos glauca Baccharis pilularis Ceanothus spp. Cercis occidentalis Heteromeles arbutifolia Lonicera spp. Platanus racemose Prunus ilicifolia Rhamnus californica Rhamnus ilicifolia Rhus ovata Ribes malvaceum Yucca whipplei Zauschneria californica 8. Prior to issuance of building permits-, if applicable, Los Angeles County Fire Department requirements for development in .a wildland fire area shall be incorporated to reduce potential fire hazards. These provisions include, 'but may not be limited to: (1) fire -resistive protection of exterior walls/openings; (2) fire -retardant roof covering; (3) fire -resistive construction for decks, balconies and support structures; and (4) chimney screens installed on each chimney flue. E. Project- - design and -maintenance ' ll activities �sha....comply with brush clearance programs administered by the Los Angeles County Fire Department. 10. Prior to the initiation of construction activities, building permits or recordation, the project applicant(s) shall submit and the County Forester and Fire Warden shall approve a fire hazard reduction/fuel management plan to minimize brush fire hazards on-site. That plan shall include, but may not be limited to: (1) use of fire -retardant construction materials; (2) brush clearance and maintenance activities within 100 feet surrounding individual 'structures; (3) irrigated planting areas with provisions for maintenance activities; and (4) the provision'and maintenance of fire breaks. 11. In order to limit the potential threat of wildland fires, low - fuel volume plants shall be incorporated into the revegetative .plan. APPLICABLE EIR MITIGATION MEASURES (not addressed in subsections a, b, c or d) The following conditions are EIR mitigation measures not covered by the tract conditions listed in subsections a, b, or c which apply to the project site. 4 All grading, earthwork and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendations contained in the Preliminary Soils Engineering Investigation for Tentative Tract 'No. 32400, County of Los Angeles (Petra Geotechnical, Inc., October 18,.1988 and the subsequent report by Petra including the area of Vesting Tentative Tract 52203, and such uch other. Geotechnical_ reports as may be prepared for the site and/or required by the City and County. 2. The project applicant shall be financially responsible for the following items: (1) the construction or advancement of funds for the construction of any required on-site drainage improvements as contained in the Master Plan of Drainage Facilities approved by the City Engineer and County Engineer of Los Angeles County; (2) the construction of in -tract and off- site.storm storm drain system improvements; (3) prorated mitigation fees of contributed flows and/or (4) any permits or -other assessments customarily imposed by the County Engineer. 3. Drainage shall be disposed of in a manner satisfactory to the City Engineer. The design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of both the Los Angeles County Department of Public Works'and the City of Diamond Bar. 4. -Prior to the approval of the final tract map, a special maintenance district or- other funding mechanism addressing Vesting Tentative Tract 32400 and Vesting Tentative Tract. 52203 as a.5ingle -entity-,- acceptable -to- and approved -.by the --City -shall- be established for the maintenance of on-site storm drainage facilities. Terrace and down drain will be part of the Landscape and Lighting District. The main drainage system shall be accepted into the Los Angeles County or City of Diamond Bar maintenance District. 5. Prior to the initiation of grading operations, the project applicant(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required by,the City, the County of Los Angeles and the California Regional Water Quality Control Board for•the discharge of urban pollutants. 6. Prior to final map approval, Brea Canyon Road shall be constructed or bonded for, to the planned four -lane cross- section south of Glenbrook, adjacent to the tract, to the extent of the graded area. Plus, left -turn lanes shall be provided at each of the two project access 'points along Brea Canyon Road shall be designed to provide adequate sight distance. Care shall be taken that the future grades and landscaping adjacent to 'these intersections, as well as all internal project intersections, do not obstruct the necessary line -of -sight. Applicant.shall provide those dedications and improvements, and be subject to pro -rated reimbursement. 7. With the development of the site plan for residential components of.the project, a traffic signal warrant shall be conducted to 5 determine if a traffic signal is required. If warranted, a signal shall be installed by developer at both collector road entrances off Brea Canyon road. Applicant shall pay the prorata share of the total cost of such signalization. 8. Construction and maintenance activities, including the repair and maintenance of equipment, shall 'conform to and comply with applicable provisions of the City •of Diamond Bar's Noise Ordinance. 9. When feasible, construction equipment shall be stored on-site to eliminate and/or reduce heavy -equipment truck trips. 10. Prior to the issuance of building permits for residential Lot Nos. 14 through 16, inclusively within Tentative Tract No. 52203, the project applicant(s) shall construct a suitable noise barrier for those properties effectively attenuating traffic noise to levels in compliance with City noise standards. Compliance shall be based. upon the City's 'acceptance of a subsequent noise study for those properties and implementation of those measures deemed appropriate by the City Engineer. 11. Project security features which shall be incorporated into the final design may include: (1) residential dwelling unit orientation which facilitates "neighborhood involvement" activities; (2) exterior security lighting; (3) well-designed access for police patrols to provide optimum observations; and (4) illuminated street addresses to ensure visibility from the street for better patrol observation. 12. Prior to final tract map approval, the project applicant(s) shall submit a sewer study.to both the County and City Engineer identifying project wastewater flow and tributary flow to the existing County trunk and local sewer lines. This study shall identify: (1) the location, phasing, bonding and details of any proposed sewer facilities and improvements by street configuration, lot layout and gravity flow;- (2) any current capacity shortfalls of the County trunk and/or City sewer lines; and (3) specific design recommendations to provide additional lines or•sizing upgrade, if required. 13. The project applicant(s) shall convey access and property easement and rights-of-way to the County Sanitation Districts of Los Angeles County, as deemed necessary by the County and City Engineers, for the construction and maintenance of sewer lines and associated facilities, prior to final map approval. 14. The project applicant(s) shall contribute an equitable share of cost, as -established by the City, to fund improvements to the area's main lines, pumping stations, etc. required as a result of•project development, prior to final map approval. 15. The project applicant(s) shall provide to the County Sanitation Districts. of Los Angeles County information regarding the construction and/or building schedule of the project so that.the timing of the County Sanitation Districts, expansion may be 0 coordinated with the project increase in demand. 16. In order* to minimize the impact of project development on the County's solid waste disposal system and to facilitate the attainment of source reduction standards for the City of Diamond Bar •as contained in the California Integrated Solid Waste management Act of 1989, the project applicant(s) shall: (1) consult with the City of Diamond Bar, the County Sanitation Districts of Los Angeles County and the Los Angeles County Department of Public Works regarding implementation of technologies to reduce and recycle, solid waste 'both during construction and after completion of the project; and (2) consult with the current refuse removal collection company(ies) regarding design standards for access to, location and construction of trash container enclosures in order to facilitate implementation of automated refuse collection., 17. The project applicant(s) or subsequent homeowners' associations) shall comply with those source reduction and recycling and composting requirements as may be adopted by the City of Diamond Bar in accordance with Assembly Bill 939. 18. The project applicant(s) through the Buyer -Awareness program, shall encourage the segregation of green wastes for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation Districts waste diversion policies. 19. Applicant shall comply with the mitigation monitoring program to implement the required EIR No. 92-.1 mitigation measures. 20. The applicant shall provide a thematic design for the southerly entrance to the site off of the access road which is consistent with the -design of the entry statement for the entrance to Vesting Tentative Tract 32400 from Brea Canyon Road as a ,component of the Development Review application. The entry statement design shall be consistent with the design elements of The Country Estates. 21. This project shall be subject to and part of the Homeowners Association created for Vesting Tentative Tract 32400 and made a party to the Conditions, Covenants, and Restrictions (CC&Rls) for this project.. A copy of the CC&Rls and Articles of Incorporation of the Homeowners Association, subject to the .approval of the City Attorney, shall -be recorded with this map and placed on file with the Planning Department. 22. Each lot shall be developed in substantial compliance.with the final map and applicable CC&Rfs. 23. Any lighting fixtures adjacent to interior property lines shall be approved by the,community Development Director as to type, orientation and height. 24. All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. 7 Prior ' to any occupancy permit being -granted, these conditions and all improvements shall be completed or bonded for subject to the approval of City Engineer. 25. All down drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts.. 26. All residences will be required to receive approval via the Development Review process by the Planning commission subsequent to approval of the final map. 27. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed or bonded for subject to the approval of the City Engineer. F. ENGINEERING REQUIREMENTS: 1. Prior to approval and recordation of the final map, written certification from each affected district; that adequate sewer and water facilities are or will be available 'and from each public utility and cable television purveyor that adequate facilities 'are or will be available to serve the. p ' roposed project, shall be submitted to the city. such letters must have been issued by 'the district, utility and cable television company, within ninety (90) days prior to final map approval. 2. All easements existing prior to final map approval must be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement' to that effect must be shown- on the t inal -map in lieu of, its location. -- -3. - - -3. A title report/guarantee showing all fee owners, interest holders, and nature of interest must be submitted when a final map is submitted for plan check. The account shall remain open .until the final map is filed with the County Recorder. An updated title report/ guarantee and subdivision guarantee must be submitted ten (10) working days prior to final map approval. 4. New boundary monuments shall be set in accordance with the State subdivision Map . Act and as required by the City Engineer. 5. if any required public improvements have not been completed by Subdivider and accepted by the City prior to the approval of the f ifial map Subdivider shall enter * into a subdivision agreement with the City and shall post the appropriate security. 6. All site grading, ing, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer prior to final map approval.. 7. Street names shall be submitted -for city review and approval prior to approval of the final map. Street names shall not duplicate existing streets within the City. of Diamond Bar's postal service zip code areas. 8. House numbering plans shall be submitted to and approved by the 0 City Engineer prior to issuance of building permits. 9. The detail drawings and construction notes shown on the vesting tentative map are conceptual only and the approval of this map does not constitute approval of said notes*. 10. Subdivider shall submit to the City Engineer the total grading and drainage construction cost estimate for bonding purposes prior to approval of the final map.' 11. The final grading plans shall be submitted to and approved by the City Engineer prior to issuance of a grading permit and approval of final map. 12. Precise grading plans for each lot are to be submitted to the Community Development Department for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) 13. Grading of the subject property shall be in accordance with the current Uniform Building Code, City Grading Ordinance 14 and City's Hillside Management Ordinance, as modified by CUP91-5 and acceptable grading practices. The precise and final grading plan shall be An substantial conformance with the approved .Vesting Tentative Map. 14. All landslide debris shall be completely removed prior to fill placement as required by the final geotechnical report. 35 At. the time,.-of.-submittal..-of...the..40-scale..grading plan _f_or.,pl.an._._.._.._I...I. check, a detailed soils and geology report shall be submitted in compliance with City 'guidelines to the City Engineer for approval and said report shall be prepared by a registered geotechnical engineer and geologist licensed by the State of California. The.report shall address, but not be limited to, the following: (a) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification ..in the field during grading. (b) The 'extent of any remedial grading into natural areas shall be clearly defined on the grading plans. I (c) 'Areas of potential for debris flow shall be defined and proper remedial measures- implemented as approved by the City Engineer. (d) Gross stability of all fill slopes shall be analyzed as part of the geotechnical report including remedial fill that replaces natural slope. (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. (f) All geologic data including landslides and exploratory excavations -must be shown on a con ' solidated geotechnical map using the 40 -scale final grading plan as a base. . All geotechnical and soils related findings and recommendations must be reviewed and approved by the City Engineer prior to issuance of 0 any grading permits and recordation of the final map. 16. Final grading plans shall be prepared in. a 2411 x 3611 format and designed in compliance with the recommendations of the final detailed boils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. 17. Grading plan(s) must be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and -registered Geologist. 18. All' identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The owner shall dedicate to the City the right to.prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 19. 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 prior to final map approval and prior to -the issuance of grading permit(s). 20. 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. 21. 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 enter, leaving, or within. a parcel for which -a building permit is requested. 22. An erosion control plan shall be approved by the City Engineer prior to issuance of grading permits. 23. 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. '24. The Subdivider shall provide drainage facilities to remove the flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities should be constructed within the street right-of-way or in easements satisfactory to the. City. Engineer and the Los Angeles County . Flood Control District. 25. 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 13M "Restricted dedicate to buildings of shown on the Use Area" subject to flood hazard. The owner shall the City the right to prohibit the erection of other structures within such restricted use areas final map. I 26. A permit from the County Flood Control District is required for work within its right-of-way or connection to its facilities. A permit from CALTRANS is required for work within its right-of- way 'or connection to its facilities. 27. A final drainage study and final storm drain improvement plans in a 2411x3611 sheet format shall be submitted to and approved by the City Engineer and the Los Angeles County Department of Public Works prior to final map approval. All drainage facilities shall be installed as required by the City Engineer and in accordance with County of Los Angeles- Standards for acceptance and disposal of all related drainage. 28. Prior to finalization of any development phase, sufficient street, sewerl 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.. 29. Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes of all public improvements, prior to approval of the final map. 30. New street - --centerline . movements shall be. --.,set-. ...at. -the intersections of streets, intersection 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 movements 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. 31. Street improvement plans in a 2411x3611 sheet format, prepared... by a California registered Civil Engineer, shall be submitted to and approved by the City Engineer. -Security shall be posted and an agreement executed guaranteeing completion of the public and/or private street improvements, prior to final map approval. 32. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be -obtained from the City Engineer,'s Office in addition to any other permits required. 33. No street shall exceed a maximum.slope of 12% unless approved by the City Engineer. 34. Construct base and pavement on 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. 11 35. Vehicular access must be provided -to all "Urban Pollutant .Basins" with a minimum width of 15 feet, with 12 feet. of pavement and with a maximum slope no greater than 15% unless otherwise approved the City Engineer. 36. Subdivider shall pay its fair share amount for signal improvements at Pathfinder and Brea Canyon Road prior to final map approval based upon amended traffic study as approved by the City Engineer. 37. Subdivider shall pay its fair share of other signal ignal improvements required pursuant to the approved EIR prior to approval ofthe final map based upon amended traffic study as approved by City Engineer. 38. Label any private drives or fire lanes and delineate on the final map to the satisfaction of the City.. owner shall offer to dedicate on the final map the public street from Brea Canyon Road to the westerly vesting tentative tract boundary. Subdivider shall improve street to its full width in accordance with city standards, including, but not limited to, sidewalks on one side, curbs, gutters, and street lights. 39. Construct or post bonds for drainage improvements and offer easements needed. for street and slope drainage as required by the City Engineerpriorto recordation of the final map. 40. Construct sidewalks throughout and adjoining the frontage of the vesting tentative tract per City standards and as approved by the.'City Engineer. 41. Provide and install street name sig ' ns to the,satisfaction of the City Engineer prior to issuance of a certificate of occupancy. 42. All utility lines shall be underground within the Vesting Tentative Tract Map. 43. Dedicate slope easements along Brea Canyon Road in favor of the City as required by the City Engineer, prior to approval ..or recordation of the final map. The dedicated slope easements shall be placed in a Homeowner's Association as directed by: the City Engineer. 44. Construct curb and gutters per City standards subject to approval by the City Engineer. 45. Construct wheelchair ramps at allcorners and all intersections pursuant to City Standards -or as may be required by the City Engineer. 46. Construct street lights along all streets as required to per City standards and as approved by the City Engineer. The street lights shall be annexed into the County lighting districts, or shall be operated and maintained by a homeowners association. 47. Traffic improvement plans shall be prepared by a registered 12 77 - Traffic Engineer in a 2411x3611 sheet format and,submitted to and approved by the City Engineer.. Security shall be posted sted and an agreement executed guaranteeing completion of -traffic improvements prior to final map approval. 48. Intersection line of sight designs shall be submitted to the City for approval as may be required by the City Engineer. 49. Traffic control signing and striping plans shall be prepared in accordance with City requirements and submitted to and approved by the City Engineer prior to approval of the final -map. 50. Secondary street access must be provided as approved by the City Engineer. 51. Prior to final map approval the, subdivider shall submit a sanitary. sewer area study to the City 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 must be resolved to -the satisfaction of the City Engineer. 52.. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the. City Engineer, County Sanitation District and Los Angeles County Public Works Department, prior to approval of the final map. 53. The Owner 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. 54. The Subdivider, at Subdivider"s sole cost and expense, shall construct the sewer system in accordance with the city, Los Angeles County Public Works Department. and County Sanitation District Standards. 55. Prior to final map approval a water system with appurtenant facilities to serve all lots/parcels in the land division designed to Walnut Valley Water District (WVWD) specifications, must 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. 56. Prior to final nap approval, the Subdivider shall construct,.or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water 13 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. 57. Provide separate underground utility services to each parcel, 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 prior to granting. 58. Subdivider shall relocate and underground any existing - on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 59. Prior to submittal of the final map, written certifications from Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. 60. Based on -a determination by the City Engineerl the city reserves the right to require the applicant to plan and incorporate into the homeowners' association obligations the future installation of main and service lines capable of delivery of reclaimed water to all homeowners-* association maintained common area landscaped portions of the Tract, prior to final map approval. The system shall be designed to permit "switch over" of non- domestic services on each area within the homeowners' association maintained landscaped common area at time of availability .of reclaimed water, all to the satisf.action...of-the City Engineer and designed to the specifications of the Walnut Valley Water District. 14 AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/F .E NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: City of Diamond Bar PLANNING COMMISSION Staff Report September 12, 1996 September 23, 1996 Conditional Use Permit No. 96-13 Development Review No. 96-12 An unmanned wireless telecommunications transmission facility at an existing office building, with roof -mounted antennas and a ground level equipment cabinet. 3333 Brea Canyon Road APPLICANT: Pacific Bell Mobile Services 5959 W. Century Blvd. St. 200 Los Angeles, CA 90045 PROPERTY OWNER: Metro Diamond Bar Property Inc. 2030 Main St. #1020 Irvine, CA 92714 BACKGROUND: The applicant's. agent, Kent Norton, of Keith International, Inc. is requesting approval of a Conditional Use Permit and Development Review for a telecommunications facility with roof -mounted antennas and a 'ground level equipment cabinet to be placed within a planter at an existing office building. The office building is located on the west side of Brea Canyon Road south of Diamond Bar Boulevard. 1 The General Plan designation for this site is Office Professional (OP) which provides for the establishment of ' general, professional, and administrative offices and supporting uses. The proposed facility provides a service that is utilized by many business people and can therefore be considered a supporting use. The zoning designation is Commercial Planned Development (CPD). The proposed facility is conditionally permitted within this zone. Generally, the following uses and zones surround the site: to the north is a gas station and mini -mart which are the CPD zone; to the south are sloped areas adjacent to the 57 Freeway; to the east are single family residences, which are zoned Single Family Residential (R-1-7,500) and to the west is the 57 Freeway. APPLICATION ANALYSIS: Project (Description The project site is an irregularly shaped lot (Parcel 1 of Parcel Map 15375) approximately 2.4 acres in size. The site is' virtually flat and is located below the freeway, separated by a landscaped embankment. The project site is fully developed with a two-story, 41,155 square foot office building. The antennas and the equipment cabinet comprise an unmanned digital repeater station that receives digital phone signals, processes the impulses through computerized equipment located in the equipment cabinets and transmits the signal to its destination. The service area for the proposed facility will be approximately one mile to the north and southalong the 57 Freeway. It will provide a telecommunications network link with the recently approved facility on Pathfinder Road to the north. The facility will involve the installation of two (2) antenna assemblies (sectors), and a ground mounted equipment cabinet housing the electronic and battery equipment on the site. Each antenna sector consists of two panel antennas each measuring 63" high, 6" wide, and 2" - thick. Each sector will be mounted on a triangular shaped steel supporr structure. The individual support structures will be mounted on approximately the center of the roof, placed approximately 15' apart. Staff has determined that screening of the antennas will not be * necessary because the antennas will be minimally visible from the street and the surrounding land uses. The antennas will be placed on the center of the roof, where they will be set back over 35 feet from the side of the building adjacent to Brea Canyon Road, approximately 140' from the southerly end of the building and over 90' from the northerly end of the building. Further, there are existing mature trees that appear to be over 30' in height located next to the southerly end of the building which will provide further screening. 2 The overall height of the building is 28'. Ten feet of the antenna structure will be visible above the roof line, for an overall height of 38' from the finish grade. The height 'regulations for the CPD zone allows a maximum of two stories for commercial buildings although a height limit in feet is not specified. The facility will also include a 63" high, 51" wide and 28" deep steel Base Transceiving Station (BTS) ground mounted equipment cabinet. The cabinet will be placed in a landscape planter located at southwest corner of the building. The cabinet will be partially screened by an existing electrical vault and existing planting. There will be no landscaping removed with the installation of. the equipment cabinet. A coaxial cable, placed inside a cable tray and painted to match the building, will run from the- equipment cabinets, up the side of the building and across the roof to the antennas. Servicing and maintenance for the unmanned facility is typically an average of two or three time twice a year for routine checks, the demand for parking is therefore minimal, and will not impact existing on-site parking. Issues: Site Remediation for the Arco Station Just to the north of the site is an Arco gas station with an AM/PM mini -mart. During the preparation for development of the site there was a determination that gasoline storage tanks, previously located 'on-site had leaked, and that the plume of contamination had extended to the subject site. Site development was allowed to proceed with the understanding that remediation of the site would be required. Conditional Use Permit No. 95-2 was approved for a site 'remediation plan. The remediation of this site is continuing on an ongoing basis, with a condition of approval. requiring the submittal of quarterly monitoring reports. The most recent report, dated July 26, 1996 has been submitted to the City. The on-going site remediation is proceeding to the satisfaction of City staff and will not impact or be impacted by the approval of the proposed telecommunications facility. Conclusion: The applicant is proposing the construction of an unmanned wireless Personal Communications Facility. The use is conditionally permitted within the CPD zone, and as proposed, because of its location in the center of the roof and because of the presence of trees on the site it will be minimally visible from surrounding properties. The facility will require minimal maintenance and will not interfere with the daily operations of the office building. As part of an 3 expanding network, the proposed PCS facility will provide a convenient service for residents of the City and the region. ENVIRONNffMAL ASSESSMENT: Pursuant to the terms of the California Environmental Quality Act (CEQA), the City has determined that this project will no significant impact on the environment and has been determined to be Categorically Exempt from the provisions of CEQA, pursuant to Section. 15301(e). The application was advertised in the Inland Valley Daily Bulletin and San. Gabriel Valley Tribune on September 3, 1996 and all property owners (48) within a 500 foot radius were mailed notices of the public hearing on August 30, 1996. 1. That the proposed project is in substantial compliance with the General Plan pursuant to the terms and provisions of Government Code Section 65360. 2. That the proposed project will not adversely affect the health or welfare of persons residing or working in the surrounding area. 3. That the proposed project will not have an adverse impact on adjacent or adjoining residential and commercial uses. It will not be materially detrimental to the use, enjoyment, or valuation of property or other persons located in the vicinity of the proposed project. 4. That the subject site for the proposed project is adequate in size and shape to accommodate the proposed use. 5. That the proposed site is adequately served by Brea Canyon Road. It has good visibility, easy access and adequate parking for .the proposed use. RECONEMWMATIONS: The . staff recommends that the Planning Commission approve Conditional Use Permit 96-13, and Development Review 96-11 subject to the Conditions of Approval contained within Planning Commission Resolution 96 -XX. 2 Catherine Johnson, Senior Planner ATTACHMENTS: Application Plans Draft Resolution of Approval for Conditional Use Permit 96-13 and Development Review 96-12. 5 PLANNING COMMISSION RESOLUTION NO. 96 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 96-13, AND DEVELOPMENT REVIEW NO. 96-12, A REQUEST FOR A TELECOMMUNICATIONS FACILITY WITH ROOF -MOUNTED ANTENNAS AND A GROUND 'MOUNTED EQUIPMENT CABINET AT AN EXISTING OFFICE BUILDING LOCATED AT 3333 BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Metro Diamond Bar Property Inc., and the applicant, Robert Berger o ' f Pacific Bell Mobile Services, have filed an.application for Conditional Use Permit No. 96-13 and Development Review No. 96-12 as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Application". 2. on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the. Development Code of the County of Los Angeles now currently . applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Action was taken 'on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent.with the General Plan. 4. The Planning Commission of the City of Diamond Bar on September 23, 1996 conducted 'a duly noticed public hearing on the Appli- cation. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 3, 1996. Forty-eight (48) property -owners within a 500 foot radius of the project site were notified by mail on August 30, 1996. 'i B. Resolution. NOW; THEREFORE, it is found, determined and resolved by the Planning Commission of the City -of Diamond Bar as follows: I This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. . 2. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15301(e) of Article 19 of Chapter 3 of Division 13 of Title 14 of the California Code of Regulations. 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 comm'ission 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 lindings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a developed parcel, approximately 2.4 acres in size located At 3333 Brea Canyon Road. The project site is zoned Commercial Planned Development (CPD) . It has a General' Plan .land use designation of Office Professional (OP). (b) Generally, the following zones and uses surround the project site: to the north is a gas station and mini -mart which are in the CPD zone; to the south are sloped areas adjacent to the 57 Freeway; to the east are single family 'residences, zoned Single Family Residential -Minimum Lots Size -7,500; and to the west is the 57 Freeway. (c) The proposed project is a ' request for a telecommunications facility with roof -mounted antennas and a ground mounted equipment cabinet. (d) The proposed project will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing in the surrounding area; or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons 0q located in the vicinity of the site; or (3) Jeopardize, endanger or otherwise constitute a menace, to public, health, safety or general welfare; and I (e) The proposed site is adequate in size and shapeto accommodate development features prescribed in this approval. The proposed telecommunications facility's antennas will be installed on the roof of an existing office building and the equipment cabinet will be installed in an .existing planter, therefore this project does not require additional lot area or increase the building's footprint or cause the elimination of parking stalls or landscaping. Routine equipment maintenance will involve one .,service truck and two technicians for three hours or less and will not impact on-site parking which has been determined to be adequate. (f) The project site is adequately served: (1) By highways or streets of sufficient width improved as necessary to carry the kind quantity of traffic such use would generate; (2) By other public or private -are required. The project site is adequately Road. However, the facility e increase vehicular traffic to requires only a few routine mF one truck during the year. service facilities and and and as served'by Brea Canyon oes not significantly ind from the site. It intenance checks with (g) The proposed project is in compliance with Development Review Ordinance No. 5 (1990). (h) The design and layout of the proposed project will not be materially detrimental to the use or enjoyment of neighboring existing or future development'. and will not create traffic or pedestrians hazards. The proposed project does not alter the previously approved design . and layout of the 'existing development. The antennas will be roof -mounted and the equipment cabinet will be placed within an existing landscape planter. The architectural design of this project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990). The proposed project will not alter the existing architecture of the office building. The antennas will be placed on the center of the roof and will be minimally visible from the street and surrounding properties and will be further screened by mature on-site trees. (j) The design of this project will provide a desirable environment for its occupants and visiting public as 3 well as its neighbors through good aesthetic use of materials, texture and 'color that will remain, aesthetically appealing and will retain a reasonably adequate. level of maintenance. The antennas, equipment cabinet and coaxial cable will be painted. to -minimize their visibility to the public. 5. Based on the findings and conclusionsset 'forth above, the Planning Commission hereby Approves the.. Application sub- ject to the following conditions: : (a) The project shall substantially conform to plans collectively labeled as Exhibit "All dated September 23, 1996, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services,. (c) In the event of abandonment render the applicant remove the of use above shall, facility any future maintenance problems, or changes in technology which mentioned facility obsolete the upon notification by the City, within 90 days. (d) The property owner and applicant shall make every effort to accommodate the co -location of future telecommunications facilities at the subject site and in conjunction with the existing facilities minimize. the Aesthetic impacts on surrounding properties. (e).1- Plans shall conform to State and local building codes (i.e. 1994 editions of the Uniform Building Code, Plumbing Code,. Mechanical, Code, and 1993 edition of the National Electrical Code) as well as the State Energy Code. (f) The proposed antennas shall be engineered to meet wind loads of 80 m.p.h. with an exposure 11C.11 Also the existing roof shall be designed for the additional antenna loads. (g) All proposed cable installed on the exterior building 4 wall shall be flashed, painted and stuccoed to match the existing building. (h) The proposed cable to be installed on the roof in a manner that does.not interrupt roof drainage. (i) The installation of any cable or electrical conduit from the•BTS cabinet or any vault shall be installed underground to protect pedestrians. (j) The applicant shall comply with all State, CPD Zone, Public Works Department and Building and Safety Division requirements. (k) This grant is valid for two' years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year exten- sion may be requested in writing and submitted to the City 30 days prior to the expiration date. (1) This grant shall not be effective for any purpose until a duly authorized representative of the applicant and/or owner of the property involved has filed, at the office of Diamond Bar Community Development Department, the Affidavit of Acceptance stating that the applicant/owner is aware of and accepts all the conditions of this permit. (m) Notwithstanding any previous subsection of this resolution, if. the Department of Fish and Game requires -payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment therefore shall be made by the Applicant prior to the issuance of any building permit or any other entitlement. 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 Metro Diamond Bar Property, Inc. 2030 Main Street #1020, Irvine, CA 92714 and Robert Berger, Pacific* Bell Mobile Services,* 5959 W. Century Boulevard Ste. 200,, Los. Angeles, CA 90045. APPROVED AND ADOPTED this 23RD DAY OF SEPTEMBER 1996, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY:. Jbe Ruzicka, Acting Chairman I, James DeStef ano, Planning Commission secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and. adopted 9 by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23rd day of September, 1996, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary N CITY F DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190. (909)396-5676 Fax (909)861-3117 CONDITIONAL USE PERM APPLICATION Record Owner Metro Diamond Name Property Inc._ (Last name first) Date Rec'd Fee $i -?"z7 Receipt# (`7 Byl— , a Applicant Applicant's Agent Bar Robert Berger Kent Norton Pacific Bell Mobile Srvs Keith International, Inc. (last name first) (Last name first) Address 2 0 3 0 Main- Stet #1020 City Irvine, CA Z;p 92714 Phone( ) 5959 W. Century Blvd. 22690 Cactus Ave. St 300 t 200 Los Angeles, CA 90045 310 Phone( ) 442-1 6 R 4 Moreno Valley, CA 92553 909 Phone( )rr, 1-09 -44 FAK 6b'3 -S'3158 NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses; and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner of the herein described property and permit the applicant to file this request. Signhnft'Pr of a.itbarizatinn Date (All record owners) Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Printed Name Robert Berqer . ( •cant or 0 Signed sty Date IiW4 (Applior Agent) Location 3333 Brea Canyon Road (APN# 8714-015-025) (Street address or tract and lot number) Zoning Planned Comm. Dev. ( CPD) HNM Previous Cases none Present Use of Site office building Use applied for Installation and operation of an unmanned wireless telecommunication (PCS) roof -mounted antenna and equipment. Project Size (gross acres) 2 0 0 SF Project density N/A Domestic' Water Source N/A Company/District _ N/A Method of Sewage disposal Sanitation District N/A Grading of Lots by Applicant? Yes No (Show necessary grading design on site plan or tent map) N/a LA -214-01 ,,,. •�_ CITY OF L., MOND BAR. COMMUNITY DEVELOPMENT DEPARTMENT �xm. ;_ 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 DEVELOPMENT REVIEW APPLICATION C, FPL # Deposit $ Receipt# By . Date Rec'd Record Owner Robert pBe ger Kent Nrc�rton Agent Name Metro Diamond Bar Pacific Bell Mobile'Srvs Keith International, Inc (Last name firstyroperty Inc- (Last name first) (Last name fust) Address 2030 Main Street 5959 W. Century Blvd. 22690 Cactus Ave. St 30 #1020 St. 200 City Irvine,. --CA LAG AngPl os . CA Moreno Valley, CA Zip 92714 Phone( ) 90045 Phone(0 ) 342-1684 92553 90 Pho ee( ) 653-0234 NOTE: It is the applicant's responsibility to notify the Community Development Diiector in writing of any change of the . principals involved during the processing of this case. (Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and diirectors of corporations.) Consent: I certify that 1 am the owner -of the herein described property and permit the applicant to fde this request. Signed Gee at a hed letter of authorizatiorUate (All record owners) Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name Robert Berner or t) (cant Signed �+ Date (App ' t or Agent) Location 3333 Brea Canyon Road (APN# 8714-015-025) (Street address or tract and lot number) Zoninz Planned Comm. Dev.. ( CPD) HNM Previous Cases none. Present Use of Site office building Use applied for Installation and operation of an unmanned wireless telecommunication (PCS) roof -mounted antenna and equipment. Legal description (all ownership comprising the proposed lot(s)/parcel(s)) See Attached Area devoted to structures N/A Landscaping/Open N/A /Oen s Project Size 200 S F Lot Coverage N/A Proposed density N/A (Units/Acres) Style of Architecture N/A Number of Floors Proposed N/A Slope of Roof N/A ( f lat ) Grading. N/A If yes, Quantity N/A Cut N/A Ftll N/A Import Export N/A If yes, Quantity N/A N/A If yes, Quantity Letter of Authorization Date: June 20, 1996 Site #: LA 214-01 Jurisdiction : Diamond Bar Planning & Building Departments Re: Letter of Authorization Pacific Bell Mobile Services - Communications Facility of property located at: 3313 Rrpn C:anvnn Rd- , do hereby appoint Robert J. Berger, Site Development Manager for Pacific Bell Mobile Services (PBMS) my agent for the purpose of securing any application necessary to insure their ability to use the property for which PBMS is negotiating a lease for the purpose of constructing a- communications facility. I understand that this application may be denied, modified or approved with conditions and that such conditions or modifications must .be complied with prior to issuance of building permits. Propert ' Date A ng ss Date *mV ..ORANGECOUNIY h lkirsten/authrize.doc LA -214-01 INrrL,kL STUDY QUESIMNNAIRE A. GENERAL INFORMATION Project Applicant (Owner): Robert Berter Pacifi Bell Meftle Gr -vs. 5959 W. Century Blvd. St 200 ADDREW Los Angeles, CA 90045 .(310) 342-1684 - PHONE# 1. Action requested and project description: . Install and operate an roof. (staff use) PROJECT NLTMBER(a): Project Representative: Kent Norton KeithInternational, Inc. NAT 22690 Cactus Ave., St. 300 Moreno Val_Auffey�ss, CA 92553 * (909) 653-0234 PHONE 0 ed 2. Street location of project: 3333 Brea Canyon Road 3a. Present use of site: 3b. Previous use of site or structures:- same 4. Please list all previous cases none (if any) related to this project: 5. Other related permitlapprovals required. Specify type and granting agency. City building Permit and ECC license 6. Are you planning future phases of this project? & N If yes, explain: One additional equipment cabinet may be installed in the future. 7. Project Area: Covered by structures, paving: N/A (200 SF) Landscaping, open spare: N/A Total Area: N/A 8. Number of floors: 2 9. Present zoning: CPD ITEMS Al -A3 This proposed roof -mounted antenna is part of a national wireless Personal Communication Services (PCS) telecommunication system by Pacific Bell. This antenna, along with other proposed antennas in the area, will provide a seamless telecommunications network for the region once installed. Due to the location of the antennas and mature landscaped trees in the area, the antenna elements are not proposed to be separately screened. Views from surrounding land uses, including the residential areas to the east and southeast, are obscured by trees, walls, and landscaping such that the proposed antennas will not be visible. The BTS equipment cabinet will be installed at ground level on the south side of the building adjacent to the parking lot. No landscaping or parking will be removed or impacted as a result of installation of the antennas or equipment cabinet. The antennas and BTS unit will not be readily visible to motorists on the adjacent freeway or roadways or to residents in the area. The general public will not have access to the antenna structure, and the equipment cabinets are secure from vandalism. The proposed antennas will produce very low levels of radiofrequency energy that are far below accepted public health standards. The antennas and BTS units can be painted any color desired by the City to blend into the background. For these reasons, the proposed antenna will not adversely affect the health, peace, comfort, or welfare of persons residing or working in the surrounding area. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the'site. Finally, it will not jeopardize, endanger, or otherwise constitute a menace to the public health, safety, or general welfare. The existing project site is already developed for mixed-use offices. The roof structure can support the proposed antenna elements, and the BTS location has sufficient area to accommodate the equipment cabinet. Therefore, the site is adequate in terms of size and shape to accommodate the development features of the proposed project, according to Title 22 requirements. ITEMS C1 AND C2 The site is at the south corner of Brea Canyon Road and Diamond Bar Boulevard, just east of the 57 Freeway, and so has excellent regional and local access. Operation of the equipment will require only infrequent maintenance and emergency repair work. Existing roadways are therefore adequate in terms of width and improvements to accommodate the project. The proposed wireless telecommunication facilities will require incremental amounts of electricity and telephone connections, both of which are readily available at the site. No other public or private utilities or services are required. LA -214-01 FILE No. 284 06/18 '96 16:25 I D : LA -214-01 EXHIBIT A LEGAL DESCRIPTION OF LESSOR'S PROPERTY Lessor's property of which the Premises area part is legally described as follows: PAGE 4 PARCEL 1 OF PARCEL MAP 15375, IN THE CITY OF DIAMOND BAR, AS PER MAP FILED IN BOOK 165 PAGES 55 TO 57 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNINGATTHE NORTHWESTERLY CORNER OF PARCEL 1 OF. PARCEL MAP 2151, FILED IN BOOK 34 PAGE 84 OF PARCEL MAPS; THENCE SOUTH 310 33' 51" WEST 173.16 FEET; THENCE SOUTH 60.55' 37" EAST 60.73 FEET TO A POINT IN THE WEST BOUNDARY OF SAID PARCEL 1 OF PARCEL MAP 2151; THENCE ALONG SAID BOUNDARY OF SAID PARCEL 1 OF PARCEL MAP 2151 NORTH 11 ° 58'40" EAST 180.99 FEET TO THE POINT OF BEGINNING, EXCEPT FROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL 1 OF PARCEL MAP 2509, AS PER MAP FILED IN BOOK 35 PAGE 13 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALL OIL, GAS AND OTHER HYDROCARBONS, MINERALS AND WATER, NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE, STORE AND REMOVE FROM BENEATH THE SURFACE OF THE SAID LAND AT ANY LEVEL OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, WITHOUT THE RIGHT OF SURFACE ENTRY, FOR THE PURPOSE OF DEVELOPMENT. OR REMOVAL OF SAID SUBSTANCES, AS RESERVED BY TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, IN DEED RECORDED MARCH 29,1968 AS INSTRUMENT NO. 2456, IN BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 AS INSTRUMENT NO. 1776 IN BOOK D 4407 PAGE 591, OFFICIAL RECORDS, AND AS MODIFIED BY DOCUMENT RECORDED DECEMBER 1, 1971 AS INSTRUMENT NO. 2277. ALSO EXCEPT FROM THAT PORTION OF SAID LAND LYING WITHIN PARCEL 1 OF PARCEL MAP 2509. AS PER MAP FILED IN BOOK 35 PAGE 13 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND UNLIMITED RIGHT TO MINE, DRILL, BORE, OPERATE, STORE AND REMOVE FROM BENEATH THE SURFACE OF SAID LAND AT ANY LEVEL OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF SAID LAND, WITHOUT THE RIGHT OF SURFACE ENTRY, FOR THE PURPOSE OF DEVELOPMENT OR REMOVAL OF SAID SUBSTANCES FROM THAT PORTION OF SAID LAND WHICH WAS NOT RESERVED IN THE DEED TO TRANSAMERICA DEVELOPMENT COMPANY, RECORDED MARCH 29, 1968 AS INSTRUMENT NO. 2456, IN BOOK D 3955 PAGE 185, OFFICIAL RECORDS, AND RE-RECORDED JUNE 19, 1969 AS INSTRUMENT NO. 1776. IN BOOK D 4407 PAGE 591. OFFICIAL RECORDS. comm 1127 (Cv2/2aft LA -214-01 • •VV • ,• •• In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare of.persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. C. That the proposed site is adequately served: 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By others public or private service facilities as are required. See Attached LEGAL DESCRIPTION (all ownership comprising the proposed lot(s)/parcel(s) See Attached Area devoted. to structures_2 QD-LU— 'Landscaping/Open space NIIA Residential Project: N/A - - and (gross area) (No. of lots) Proposed density N/A (Units/Acres) Parldng Required ' Provided -Standard N/A Compact N/A Handicapped N/A Total N/A 10. Water and sewer service: Does service exist at site? If yes, do purveyors have capacity to meet demand of project and all other approved projects? Water Sewers Domestic N/A N/A Public rt--- N/A N/A Y N Y N Y N Y N If domestic water or public sewers are not available, how -will these services be provided? service not np—pApa Residential Projects: 11. Number and type of units: N/A 12. Schools: What school.district(s) serves the property? 1,41 //AA Are existing school facilities adequate to meet project needs? YES NO - N/A If not, what provisions -will be made for additional classrooms? Non -Residential projects: 13. Distance to nearest residential use or sensitive use (school, hospital, etc.) pre-school 3/8 mile north 14. Number and floor area of buildings: 200 S F lease area 15. Number of employees and shifts: N/A 16. Maximum employees per shift: N/A 17. Operating hours: 24 hours 18. Identify any: End products none Waste products none Means,of disposal N/A 19. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive ma als? YES If yes, explain LA -214-01 ]3. ENVIRONMENTAL INFORMATION 1. Environmental Setting -Project Site F a. xisting usdstrucwm - existing 2 -story office building presently in use-, - b. Topography/slopes generally flat - Caltrans slope to west *c. Vegetation No native - only landscaped sl2p-riesc; *d. Animals No native - only* introduced species *e. Watercourses Brea Canyon Creek just east of site f. cUltural/historicalresources None 9- Other None 2. Environmental Setting - Surrounding Area a. Existing uses structures (types, densities): One- and two-story buildings along local streets - vacant to NE b. Topography/slopes S6me'steep slopes up to freeway to west and resideni-Jalt past *C. Vegetation DistUrbed sage scrub and weedy species *d. Animals native species tolerant of human contact. Watercourses Brea Canyon Creek on east side of Brea Canyon Road f. CulturaWstoricalresources remnant walnut trees from Spanish rancho 9. Other some scenic views of canyons 3. Are there any major trees on the site, including oak trees? NO If yes, type and number, Approx. 10 pinetrees (landscaping) Nc)np- T17J I I hp affected by the qrzejeet and some will shield equipment -from view. LA -:2 14 _p 20. Do your operations require any pressurized tanks? YES TJO If yes, explain 21. Identify any flammable, reactive or explosive materials to be located on-site. NOw.- 22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? YES NO If yes, explain .._..__._.___..__..,._.—..�.._---...LA-214-01___._....,_ 4. Will any natural' watercourses, surface flow patterns, etc., be changed through project development?: YES If yes, explain: * Answers are not required if the area does not contain natural, undeveloped land. 5. Grading: Will the project require grading? YES NO If yes, how many cubic yards? Will it be balanced on site? VfA YES NO If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides. or other major. geologic hazards on the property (including uncompacted fill)? YES If yes, explain: 7. Is the roe located within a high fire hazard area (hillsides with moderately dense vegetation)? YES NO but surrounding hillsides and vacant land may Distance to nearest fire station: 3/4 mile west 8. Noise: Existing noise sources at site: 57 freeway and local roads Noise to be generated by project: none 9. Fumes: Odors generated by project: none Could toxic fumes be generated? No 10. What energy -conserving designs or material willbe used? N/A CERTIFICATION: I hereby certify that the statements furnished above and m. the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of myknowledge and belief. o ate ignfre Robert Berger For. Pacific Bell Mobile Services LA -214-01 ENVIRONMENTAL cmamwr FORM L Background Robert Berger 1. Name of Applicant: Pacific Bell Mobile Services 2. Address and Phone Number of Proponent- . (310) 342-1684 5959 W. Century Blvd, Suite 200, Los Angeles, CA 90045 3. Name, Address and Phone of Project Contact: Kent Norton, Keith International, Inc. 22690 Cactus Ave. Suite 300, Moreno Valley, CA 92553 (909) 653-0234 4. Date of Environmental Information Submittal: 5. Date of Environmental Checklist Submittal: 6. Lead Agency (Agency Required Checklist): City of Diamond Bar 7. Name of Proposal if applicable (Tract No. if Subdivision): Pac Bell Site LA -214-01 8. . Related Applications (under the authority of this environmental determination): None YES NO Variance: xx Conditional Use Permit: Zone Change: xx General Plan Amendment: xx_ Development Review XY (Attach completed Environmental Information Form) LA -214-01 11. Environmental impacts: (Explanations and additional information to supplement all ®yes' and 'possibly" answers are required to be submitted on attached sheets) YES NO POSSIBLY 1. Earth. Will the proposal result in: XX a. Unstable earth conditions or changes in geologic substructures? XX b. Disruptions, displacements, compaction or overcovering of the soil? XX a ` Change in topography or ground surface relief features? XX d. The destruction, covering or modification of any unique geologic or physical feature? XX e. Any increase in wind or water erosion of soils, either on or off the site? XX f. Changes in deposition, erosion of stream banks or land adjacent to standing water, changes in siltation, deposition or other processes which may modify the channel of constant or intermittently flowing water as well as the areas surrounding permanent or intermittent standing water? XX g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. .Air. Will the proposal result in: XX a. Substantial air emissions or deterioration of ambient air quality? XX b. The creation of objectionable odors? XX c. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3. Water. Will the proposal result in: XX a. Changes in currents or the course or direction of water movements? XX b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off? XX C. Alterations of the course or flow of flood waters? XX d. Changes in the amount of surface water in any body of water? XX e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity? XX f. Alteration of the direction or rate of flow of ground waters? XX g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? YES NO POSSIBLY .XX XX XX XX XX XX XX XX XX XX XX XX XX XX LA -214-01 10. Risk of Upset. Will the proposal result in: 8. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? b. Probable interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal: a. Alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect: - a. Existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of Substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? C. Substantial impact on existing transportation systems? d. Alterations to present patterns of circulation or movement of people and goods. e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon,- or result in the need for new or altered governmental services in any of the following areas: 1. Fire Protection? 2. Police Protection? 3. Schools? 4. Parks or other recreational facilities? 5. Maintenance of public facilities, including roads? 6. Other governmental services? YES NO POSSIBLY XX XX . XX XX XX XX XX XX XX XX XX XX XX XX XX M h. i. 4. a. b. C. d. e. 5. a. b. C. d. 6. a. b. 7. a. 8. a. LA -214-01 Substantial reduction in the amount of water otherwise available for public water supplies? Exposure of people or property to water related hazards such as flooding? Plant Life. Will the proposal .result in: Change in the diversity of species, or number of any species of Plants (including trees, shrubs, grass, crops, and aquatic plants)? Reduction in the numbers of any unique rate of endangered species .of plants? Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? Reduction in acreage of any agricultural crop? Animal Life. Will the proposal result in: Change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish, and shellfish, benthic organisms and insects)? Reduction in the numbers of nay unique rare or endangered species of animals? Introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? Reduction in size or deterioration in quality of existing fish or wildlife habitat? Noise. Will the proposal result in: Significant increases in existing noise levels? Exposure of people to severe noise levels? Light and Glare. Will the proposal result in: Significant new light and glare or contribute significantly to existing levels of light and glare? Land Use. Will the proposal result in: A substantial alteration of the present or planned land use in an area? 9. Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? LA -214-01 YES NO POSSIBLY 15. Energy. Will the proposal result in: XX a. Use of substantial amounts of fuel or energy? XX b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? 16. Utilities. Will the proposal result in: XX a. A need for new systems, or Substantial alterations to public utilities? 17. Human Health. Will the proposal result in: XX a. Creation of any health hazard or potential health hazard (excluding mental health)? XX b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in: XX a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to the public view? 19. Recreation. Will the proposal result in: XX a. —An impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in: XX a. The alteration of or the destruction of a prehistoric or historic archaeological site? XX b. Adverse physical or aesthetic effects to a.prehistoric or historic building, structure or object? XX a . A physical change which would affect unique ethnic cultural values? XX d. Restrictions on existing religious or sacred uses within the potential impact area. 21. Mandatory Findings of Significance? XX a. Does the proposed 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 or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? YES NO POSSIBLY XX b. Does the proposed project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? XX C. Does the proposed project pose impacts which are individually limited but cumulatively considerable? XX d. Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION Pacific Bell Mobile Services (DBMS) proposes to install wireless telecommunication antenna elements on the roof of an existing office building adjacent to (east of) the 57 Freeway in a largely developed area. Commercial uses are located immediately north across Brea Canyon Road and residential uses are located to the east across Diamond Bar Boulevard. No sensitive uses a're located adjacent to the proposed use. Installation of the BTS equipment units will not require the removal of any parking or landscaping. Due to the proposed height of the antenna elements, any kind of screen that could be constructed to match the architecture of the building would be so massive as to be out of scale with the building. PBMS therefore proposes not to screen the antennas on this site. The proposed equipment will emit low levels of radiofrequency energy which will be far below accepted public health standards. In addition, the Omnibus Telecommunications Bill recently signed into law by President Clinton precludes local jurisdictions from using this as a criteria for denial. With the antennas installed on the roof and the BTS equipment unit installed as proposed, operation of the PCS antennas and equipment cabinets will produce no significant environmental impacts. The subject property contains no oak trees. Q The subject property contains one or more oak trees. however. the appiliicnm anticipates that no activity (grading and/or construction) will take place within five (S) feet of the outer dripline of anv oak tree. Q The subject property contains one or more oak trees and the aopjicant states that activity igradinQ andior construction) will take oiace within five 15 i feet of the outer drionne of any oak tree. An Oak Tree Permit has been or will .he applied for prior to any activity taking place on the property. 919� icant's tanature Date OTS89MG C ©®o®o 00000 0 PN 19 a jQgy N M '.O � pal Ia if ,�� �� �� :� Qaza &a '4K 440- al yy � ;1 3 9 f �� VR RIX 1211 � All ° 11 1 ra I�; fisc a=��a _ 9 b lig Aa A R Ab V y Ali bil R I€ CARAWAY commuw.Anons (�/� ( (tel Q x ' 'Pig I �ao ' O O 'A ¢o¢ p [aot .at[ roa nr. wr[ zto U"4.1�11-U\b ®��IU�.1O i�� 30 i "0 O 5 CO (i�i��l sa i[ai�m ixtq za-w+ a 'd 3o0 m ;c m �+ Z -OO r, -c ,TDj 4420 ROSEWOOD DR., BLDG, 2. 4TH FLOOR N o !y o In 2 Z r�ls r�aRC1 g7et PLEASANTON, CAUFORNU 94588PAM 2w w '� Z tm wr�'u[a uticw 9ms m 9 4 O (710) SR -14x4 IN (x10) 3-2-1216 File revie a by c� on 0 and is reedy fbr scanning File rev, we by e on and is ready for- destructim by city Clerk