HomeMy WebLinkAbout5/12/1998COUNTER COPY PLANNING
DO NOT REMOVE
COMMISSION
AGENDA
May 12, 1998
7:00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Chairman
Vice Chairman
Conussioner
Commissioner
Comm&sioner
Joe McManus
Steven Tye
Joe Ruzlcka
George Kuo
Steve Nelson
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,
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City of Diamond Bar
Pianning Commission
MEETING RULES
Pt LJB ��
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agenda items and/or other items of which are within the subject matter
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ents and questions
are welcome so that all points of view are co P
City Council.
nt Code Section 54954.3(a) the tChair may from time to time dispense with public
In accordance with Governme
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INFORMA T 10 niT ATTNr Tn ArENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning
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P't
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PL.ANN]NG COMMSSION
CITY OF DIAMOND BAR
Tuesday, May ,
i29 1998
AGENDA
CALL TO ORDER: 7:00 p.m. Next Resolution No. 98-11
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
2.
COMMISSIONERS: Chairman Joe McManus, Vice Chairman
Steve Tye, Joe Ruzicka, George Kuo, and Steve Nelson.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the P
item that is within their. jurisdiction, alio fanning Commission on any
agenda items. �8 the Public an opportunity to speak on non-public hearing and non-
yolun u3a ) There ieg fi
time limit xvt,o....aa_n 010121 n of this form iq
..-�--
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are approved
by a single motion. Consent calendar items may be removed from the agenda by request
of the Commission only:
4.1 Minutes of April 28, 1998
5. OLD BUSINESS:
5.1 Vesting Tentative Tract Map No. 52267, Conditional Use Permit No. 98-3 and
Oak Tree Permit No. 98-1 (pursuant to Code Sections Title 21 -Subdivision,
22.56.215 -Part 1 -Hillside Management Area, Hillside Management Ordinance No. 7
(1990) and 22.26 -Part 16- Oak Tree Permit) is a request • for 130 single-family
detached residential dwelling units clustered on approximately 65 acres of a 339.3 -acre
site. The development is proposed as a private, gated communi
ty. Lots ra ge
in size from 6,000 square feet to 26,000 square feet with an average 1 ttlsize
10,900 square feet The gross proposed density is 0.4 dwelling units per acre with of a
net density of approximately 3.16 dwelling units per acre. The public hearing was
closed and concluded on April 28, 1998.
Property Address: Generally located east of Diamond Bar Boulevard and north of
Grand Avenue
Property Owner: Diamond Hills Ranch Partnership, 5190 E. La Palma Ave., Ste. D,
Anaheim, CA 92807
Applicant: SunCal Companies, 5190 E. La Palma Ave., Ste.D, Anaheim,
CA 92807
April 28. 1998 - PLANNING COMMISSION AGENDA
1
RECOMMENDATION: Staff recommends that the Planning Commission recommend
approval to the City Council of VTTM No. 52267, Conditional Use Permit No. 98-
03, Oak Tree Permit No. 98-1, and Mitigation Monitoring Program and recommend
certification of Environmental Impact Report No. 97-2 (SCH No. 97031005).
6. NEW BUSINESS:
7. CONTINUED PUBLIC HEARING:
7.1 Conditional Use Permit No. 98-1 and Development Review No. 98-1 (pursuant to
Code Sections 22.569 Part 1 and 22.72.020.A), is a request to construct
and operate
an unmanned Bank of America Automated Teller Machine in the Country Hills Towne
Center, within an area between the existing Wherehouse Music store and the Diamond
Bar Boulevard entrance to the center.
Project Address: Country Hills Towne Center, Diamond Bar Blvd., Diamond Bar,
CA 91765
Applicant: Bank of America, 600 Wilshire Blvd., Los Angeles, CA 90017
Property Owner: M&H Realty Partners, 1721 W. Imperial Highway #G, La Habra,
CA 90361
Environmental Determination: Pursuant to the terms of the California Environmental
Quality Act (CEQA), Section 15202 (c), the City has determined that this project
is Categorically Exempt.
RECOMMENDATION: Staff recommends that the Planning Commission receive and
file the applicant's letter of withdrawal.
8. PUBLIC HEARING:
j PhReview No. 98-4 (pursuant to Code Section 22.28.210 and
22.72.020.A.1), is a request for the construction of a 4,994 square foot, one story
commercial unit on a vacant pad in an existing commercial center._..
Project Location: 21050 Golden Springs Drive (northeast corner of Golden Springs
and old Brea Canyon Road). Architects, 1983 West 190th
Applicant: The Withee Malcolm Partnership,
Street, Suite 200, Torrance, CA 90504
Project Owners: Diamond CreekVillageViillag Center,
en CAL 9136267 Thousand Oaks Blvd.,
Suite G,
Environmental Determination: Pursuant to the terms of California Environmental
Quality Act (CEQA), the City . has determined that this project is Categorically Exempt
pursuant to Section 15301.
RECOMMENDATION: Staff recommends that the. Planning Commission approve
Development Review No. 98-4, subject to the Conditions of Approval and Findings
of Fact within the attatched resolution. s
8.2 Variance No. 97-1 & Development Review No. 984 (pursuant to Code Section 114.a
and 110.5) is a request for the installation of an off --site, freeway -oriented pole sign.
2
April 28. 1998 _ PLANNING COMMISSION AGENDA
Project Location: Pathfinder Road (southwest corner of Brea Canyon Road and
Pathfinder)
Applicant: Robert Fiscus Associates, 1050 S. Santa Cruz, }2100, Anaheim,
CA 928050
Property Owner: Denny's Restaurant, 21316 Pathfinder Road, Diamond Bar, CA
91765
Environmental Determination: Pursuant to the terms of California Environmental
Quality Act ' (CEQA), the City has determined that this project is Categorically Exempt
pursuant to Section 15301.
RECOMMENDATION: Staff recommends that the Planning Commission direct staff
to prepare a resolution of denial for Variance No. 97-1 and Development Review No.
98-6.
9• PLANNING COMMISSION COMMENTS:
10. INFORMATIONAL ITEMS:
11. SCHEDULE OF FUTURE EVENTS:
SOLID WASTE TASK FORCE - Monday, May 11, 1998 - 6:30 p.m. - AQMD
Auditorium, 21865 E. Copley Drive. (room CC -3 & 5)
PLANNING COMMISSION - Tuesday, May 12, 1998 - 7:00 P.M. - AQMD
Auditorium, 21865 E. Copley Drive
OFF-SITE PARKING TASK FORCE - Wednesday,
Auditorium, 21865 E. Copley Drive. Y' 1998 - 6:30 p.m. - AQMD
P Y (room CC -3 & 5)
TRAFFIC & TRANSPORTATION - Thursday, May 14, 1998 - 7:00 P.M. - AQMD
Board Hearing Room, 21865 E. Copley Drive.
COMPOSTING WORKSHOP _ Saturday, May 16 - 9:00 a.m. -Sycamore Park, 22930
Golden Springs Drive
CITY COUNCIL - Monday, May 18, 1998 - 6:30 p.m. - AQMD Auditorium
Copley Drive , 21865 E.
MEMORIAL DAY HOLIDAY - Monday, May 25, 1998 - city hall offices closed
PLANNING COMMISSION - Tuesday, May 26, 1998 - 7:00 P.M. - AQMD
Auditorium, 21865 E. Copley Drive
OFF-SITE PARKING TASK FORCE - Wednesday, May 27 1998 - 6:30
Auditorium, 21865 E. Copley Drive. (room CC -3 & 5) p•m• - AQMD
PARKS & RECREATION COMMISSION - Thursday, May 28, 1998 - 7:00 p.m. _
AQMD Board Hearing Room, 21865 E. Copley Drive.
April 28, 1998 - PLANNING COMMISSION AGENDA
3
CITY COUNCIL - Tuesday, June 2, 1998 - 6:30 p.m. - AQMD Auditorium, 21865 E.
Copley Drive
11. ADJOURNMENT: May 26, 1998
4
April 28, 1998 - PLANNING COMMISSION AGENDA
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Associate Planner
SIIBJECT:�v
Vesting Tentative Tract Map (VTTM) No. 52267
DATE: May 8, 1998
At the April 28, 1998 Planning Commission meeting, the Commission
received comments from the public and closed the public hearing.
After discussing the referenced project and its entitlements, the
Commission directed staff to prepare the legal documents that
would lead to recommending approval to City Council of VTTM No.
52267 and its entitlements.
Attached are two draft resolutions for the Commission's
consideration. The draft resolutions include the following
additional conditions for the Commission's consideration:
1. Blasting and/or dynamiting shall not be permitted.
2• In exchange for the removal of map and deed
restrictions, the applicant shall fulfill the following
requirements prior to the final map's recordation:
(a) Dedicate to the City as public open space: all of
Lot 9 of Tract No. 31479, approximately 86 acres;
portions of Lots 4, 5, and 7 of Tract No. 31479,
approximately 274.3 acres, excluding manufactured
slopes; and
(b) Contribute $ 250,000.00 to the City's Parks and
Facility Development Fund.
3• The applicant shall comply with the following standards
and provisions of the Biological Resources Management
Plan as specified in EIR No. 97-2:
(a) Oak trees removed which are between 36 and 48
inches in diameter shall be replaced at a 3:1
ratio;
(b) Oak trees larger than 48 inches in diameter shall
be replaced at a 4:1 ratio; and
(c) Each acre of coastal sage scrub lost shall be
replaced with two acres (2:1 ratio).
1
The above additional conditions
Monitoring Program and will be
Resource Management Plan.
are included in the Mitigatior-
incorporated into the Biological
Staff has discussed the above conditions of approval and all other
conditions of approval for this project with the applicant. A
majority of the conditions are acceptable to the applicant.
However, a condition requiring the proposed development's
secondary access gate be utilized for emergency access only is not
acceptable to the applicant.
The applicant would like the Commission to delete this condition.
The applicant states that throughout the project's planning and
design, access via Highcrest Drive has remained a viable
consideration. The applicant believes that the incorporation of
access security gates will effectively eliminate external traffic
from passing through the project. Additionally, a majority of the
project's residents will utilize the gate at Tin Drive/Diamond Bar
Boulevard. The gate at Highcrest Drive will be utilized as the
most direct route to Pantera Elementary School and Pantera Park.
The applicant states that the project's residents will not use the
Highcrest Drive gate access for another destination because it
does not provide direct/effective access to any destination beyond
the school and park.
A traffic study dated April 1997 and a revised traffic study dated
February 6, 1998, prepared by O'Rourke Engineering, analyzed the
applicant's proposal to utilize the Highcrest Drive access gate
for emergency use only and as a secondary access. As a secondary
access, the analysis consider trips to Pantera Elementary School
and Pantera Park as a part of the whole analysis. The result
indicated that the project will generate 1,242 trips per day.
Ninety-five percent (1,179.9) of the trips will utilize the gate
at Diamond Bar Boulevard/ Tin Drive; and five percent (62.1) of
the trips will utilize the gate at Highcrest Drive.
According to the Pomona Unified tSshresidents chool swill be sistant
Planner, Isela Lavado, the prof
Pantera Elementary School boundaries. Therefore, the Highcrest
Drive access gate would provide the most direct access to the
school and park. The staff and the Commission have stated that
the 'Highcrest Drive access gate will be utilized for emergency
only. Emergency access only will eliminate traffic passing
through the existing neighborhoods in the Highcrest Drive area,
thereby minimizing traffic impacts within this area. The
Commission may desire to consider this issue.
As present in previous staff reports, this project involves the
removal of map and deed restriction foorder to removeent outside
ofdLot
6. pursuant to the General Plan, l
restrictions, a significant benefit to the city
tshall
be provided.
The staff has been negotiating with the app
2
h
�•Yn exchange for the removal of map and deed restrictions, the City
is requiring that the applicant: dedicate to the City as public
open space all of Lot 9 of Tract No. 31479, approximately 86
acres; portions of Lots 4, 5, and 7 of Tract No. 31479, approx-
imately 274.3 acres, excluding manufactured slopes; and a
contribution of $ 250,000.00 to the City,s Parks and Facility
Development Fund.
RECOMMENDATION:
Staff recommends that the Planning Commission approve:
1. Draft Resolution: RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 52267 AND
RECOMMENDING CERTIFICATION OF ENVIRONMENTAL IMPACT
REPORT NO. 97-2 (SCH NO. 97031005) AND RECOMMENDING
APPROVAL OF THE MITIGATION MONITORING PROGRAM SET FORTH
THEREIN; and
2. Draft Resolution: RECOMMENDING CONDITIONAL APPROVAL OF
HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 98-03,
OAK TREE PERMIT NO. 98-01, THE REMOVAL OF MAP AND DEED
RESTRICTIONS AND THE DEDICATION OF 274.3 ACRES OF TRACT
NO. 52267 AND ALL OF LOT 9 OF TRACT NO. 31479 TO PUBLIC,
OPEN SPACE.
Attachments:
1. Two Draft Resolutions;
2. Responses to Comments dated April 28, 1998;
3. Statement of Overriding Consideration (Exhibit "Bit;
4. Mitigation Monitoring Program (Exhibit "C");
5. Correspondence from the applicant, dated May 6, 1998,
regarding secondary access gate; and
6. Correspondence from the applicant dated May 8, 1998.
3
PLANNING COMMISSION
RESOLUTION NO. 98-88
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL
APPROVAL OF VESTING TENTATIVE TRACT MAP NO.
52267 AND RECOMMENDING CERTIFICATION Op
ENVIRONMENTAL IMPACT REPORT NO. 97-2 (SCH NO.
97031005) AND RECOMMENDING APPROVAL OF THE
MITIGATION MONITORING PROGRAM SET FORTH
THEREIN, FOR A 141 LOT SUBDIVISION FOR THE.
EVENTUAL DEVELOPMENT OF 130 SINGLE FAMILY
HOMES GENERALLY LOCATED EAST OS DIAMOND BAR
EXTENSIONBOULEVARD AND NORTH OF GRAND AVENUE AT THE
CALIFORNIA.OF HIGHCREST DRIVE, DIAMOND BAR,
CALIFONI
A. RECITALS
1• The property owner, Diamond Hills Ranch Partnership and
applicant, SunCal Companies has filed an application for
Vesting Tentative Map (VTTM) No. 52267 and certification
Of Environment Impact Report (EIR) No. 97-2 (SCH NO.
97031005) in order to subdivide a 339.3 acre parcel into
141 lots for the eventual development of 130 detached
single family homes. The project site is generally
located east of Diamond Bar Boulevard, and north of Grand
Avenue at the extension of Highcrest Drive, Diamond Bar,
Los Angeles County, California, as described above in the
title of this Resolution. The re
quest also Conditional Use Permit for development within nanuurbana
hillside management area (CUP No. 98-3), an Oak Tree
Permit (OT No. 98-1) for the removal of Oak trees, the
removal of a map restriction, and the dedication of 274.3
acres of Tract No. 52267 and all of Lot 9 of Tract No.
31479 to public, open space collectively attached hereto
as Exhibit "A" - subdivision map and mitigation landscape
Plan, Exhibit "B" - Statement of Overriding
.Consideration, Exhibit "C" - Mitigation Monitoring
Program and Exhibit "D" - E
97-2 (SCH No. 97031005).nvironmental Imapct Report No.
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.
1
3. The Planning Commission of the City of Diamond Bar on
February 10, 1998 conducted a duly noticed public hearing
on CUP No. 98-03 and OT No. 98-01. The public hearing
was opened and comments were received on the project and
Draft Environmental Impact Report No. 97-2 (SCH NO.
97031005) and on CUP No. 98-03 and CT No. 98-01. At that
time, the public hearing was continued to February 24,
1998. The public hearing was again continued to March
24, 1998 and to April 28, 1998. On April 28, 1998 public
comments were received and then the public hearing was
closed. At that time, the Commission directed staff to
prepare appropriate documents and return them to the
Commission on May.12, 1998.
4. Notification of the Application's public hearing has been
made in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers on January 21, 1998. Nine
hundred and twenty-nine property owners within a minimum
500 foot radius of the project site were notified by mail
on January 20, 1998.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2.,The Planning Commission hereby determines that the
2 ``project identified above in this Resolution requires an
Environmental Impact Report (EIR). EIR No. 97-2 (SCH NO.
y!. 97031005) has been prepared according to the California
CEA of 1970, as amended, and
Environmental Quality Act ( Q ) this
.` the guidelines promulgated thereunder. Furthermore,
Planning Commission has reviewed the EIR in reference to
VTTM No. 52267. The Planning Commission recommends
adoption of the Statement of Overriding Consideration
recommends certification of the EIR and recommends
approval of the Mitigation Monitoring Program (MMP).
3. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a vacant parcel6ofand 7) of
approximately 339.3 acres (Lots 4, 5, relates
Tract No. 31479. Additionally, the project
to Lot 9 of Tract No. 31479 which in its
entirety
will be dedicated to public, open spa
(b) The project proposes to subdivide 65 of the 339.3
acres into 141 lots for the development of 130 gated
detached single family homes within a private, g
community; remove and replace oak and walnut trees;
and remove the map restriction on a portion of the
65 acres. The balance of the 339.3 acres (274.3
2
acres) and all of Lot 9 of Tract No. 31479 wi
dedicated to the City as public open space.
designation of Planning Area 2
(c) The project site has a General Plan land,use . The proposed
project complies with the General Plan and Planning
Area 2 as defined in the General Plan. The project
site is zoned Residential Planned Development -
Minimum Lot Size 20,000 Square Feet -2 Units Per Acre
(RPD -20,000-2U).
(d) Generally, the following zones surround the project
site: to the north and east is the RPD -20,000-2U
Zone; to the south is the Single Family Residence -
Minimum Lot Size 40,000 Square Feet (R-1-40,000) and
the RPD -20,000-2U Zone; and to the west is the
Single Family Residence -Minimum Lot Size 8,000
Square Feet (R-1-8,000) Zone.
entative T act Ma
(e) The proposed map is consistent with applicable
general and specific plans as specified in
Government Code Section 65451.
The General Plants land use designation provided for
the project site is Planning Area 2, planning Area
2, consisting of approximately 400 acres, allows a
maximum 130 detached single family residential
dwelling units concentrated along the anticipated
extension of Highcrest Drive. It requires a minimum
of 75 percent of the total 400 acres be set aside as
dedicated open space. Additionally, in order to
minimize environmental impacts and maximize
clustering, residential lots shall range for 6,000
to 10,000 square feet in size.
The proposed map delineated 141 lots with 130 lots
for detached single family residential dwelling
units. The lots are clustered along the anticipated
extension of Highcrest Drive. The minimum lot size
is 6,230 square feet. Of the 400 acres, approxi-
mately 335 acres will be dedicated to public, open
space. As such, the proposed map is consistent with
applicable general and specific plans as specified
in Government Code Section 65451.
(f) The design or improvement of the proposed
subdivision is consistent with applicable general
and specific plans.
The proposed subdivision is designed utilizing the
standards and guidelines of the City's Hillside
Management Ordinance and a revegetation plan
implemented through a Mitigation Monitoring Program
(MMP). This will ensure that the proposed
subdivision is in compliance the General Plan Land
Use Element Strategy 1.2.3 (a), (b) and (c) and
compatible with open space resources. This
compatibility is due to the retention of the area's
hillside character through landform grading; the
dedication of approximately 335 acres as public,
open space; the Revegetation Plan which will replace
the vegetation with the same species as those
removed; and the planting of vegetation in concave
areas, similar to nature.
(g) The proposed project site is physically suitable to
the type of development.
As referenced in Finding 3. (e), the proposed map is
in compliance with the maximum allowable development
as envisioned by the General Plan and consistent
with the Zoning. Additionally, the EIR addresses
the proposed map's suitability for the project site
and finds that with the incorporated mitigation
measures that the proposed development is physically
suitable for.the project site.
(h) The proposed project site is physically suitable for
the proposed density of development.
As referenced in Finding 3. (e) and (g), the
proposed development's density is physically
suitable for the project site. Additional, the
proposed density is consistent with the density of
existing development which surrounds the project
site.
(i)
The design of the subdivision or the proposed
improvements are not likely to cause substantial
substantially and avoidably
environmental damage or
injure fish or wildlife or their habitat.
Prior to the grading permit's issuance, a mitigation
impacts on streambed,
plan addressing potential
wetlands, and riparian habitats shall be prepared by
application for
the applicant in conjunction with an
Section 404 permit from the
U.S. Clean Water Act,
U.S. Army Coprs of Engineers (USAGE) and State Fish
and Game Code, Section 1603 Streambed Alteration
California Department of Fish and
Agreement with the
Game (CDFG). Through these agencies, replacement of
lost habitat values will occur. Provisions to
of habitat values
insure the long-term preservation
identified, reviewed and approved by USACE and
are
CDFG. These provisions will be implemented as soon
completion of the project's
as practical following
The MMP, with its five year monitoring
grading.
period, Revegetation Landscape Plan, and the
replacement will ensure that
riparian habitat value
the development retain sufficient natural
proposed
vegetation cover and/or open spaces to buffer
the
critical resource areas from proposed
development. Additionally, the applicant is
dedicating approximately 335 acres of natural vacant
Therefore, the design
land to public, open space.
and the proposed improvements are
of the subdivision
4
not likely to cause substantial environmental da"&e
or substantially and avoidably i
njure fish e
or their habitat. , wildl'
(j) The design of the subdivision or type of
improvements is not likely to causer
health problems. serious public
The proposed subdivisions design or improvements
are not likely to cause serious public health
problems due to the following:
(1) The proposed grading plan is consistent with
the City's Hillside Management Ordinance and
will be developed with the benefit of
appropriate City permits and inspections;
(2) Slope instability will not occur due to the
introduction of project features like shear
keys and buttress fills which have been
incorporated into the project's grading design
in accordance with the recommendations of the
applicants geotechnical engineer and the
City's grading ordinance requirements for slope
stability;
(3) Engineered slopes on-site do not exceed 2:1 and
meet the Cityrs stability requirements.
(4) No active faults are known to transect the
project site or the immediate site vicinity.
The probability of on-site surface rupture or
deformation from an earthquake is considered
very low. However, ground shaking hazards
caused by earthquakes along active regional
faults do exist. All structural improvements
Will be designed in accordance with the Uniform
Building Code requirements applicable to
geologic conditions at the project site;
(5) The project site varies from an elevation of
approximately 810 above sea level (msl) along
the western boundary to approximately 1,150 msl
at its eastern edge. Several natural drainages
convey site runoff from the proposed develop-
ment area and existing adjacent residential
projects to culverts in Diamond Bar Boulevard.
The balance of the 339.3 acres will remain in
its natural conditions. During the geotech-
nical evaluation of the project site, no
groundwater was encountered. Although the
proposed project will alter the existing
natural drainage patterns on-site, drainage
Will be conveyed by on-site storm drain systems
to existing natural drainage courses, which
then drain to existing culverts in Diamond Bar
Boulevard. The receiving storm drain systems
are adequately sized and have adequate
available capacity to accommodate these flows.
5
Drainage from the project site will not alter
natural drainage or impact rare or threatened
biological resources;
(6) During construction, short-term water quality
impacts may occur from erosion and siltation
from soils exposed by grading activities. The
Federal Clean Water Act establishes a framework
for regulating potential water quality impacts
from construction activities through the
National Pollutant Discharge Elimination System
(NPDES) program. Therefore, the applicant is
required to obtain a permit from the Regional
Water Quality Control Board. Stormwater
pollutant prevention plans are required which
includes both structural and
nonstructural
Best
Management Practices (BMPs) to
quality impacts;
(7) Erosion control will be required. Full
compliance with applicable local, State and
Federal water quality standard by the applicant
will reduce impacts to less than significant;
(g) The proposed project will comply with the
required standards of the Los Angeles County
Fire Department. A fuel modification plan,
appropriate access and turnarounds for fire
equipment, and fire hydrants in appropriate
locations with adequate flow are conditions of
approval as specified by the Fire Department;
and
(9) The project will result in short-term con-
struction impacts related to fugitive dust and
equipment exhaust emissions. Short-term
emissions will exceed the SCAQMD's 100
pounds/day threshold
/day threshold of particulate
ides (NOx)
pounds
and its 150 p / Y particulate
matter (PM10). Mitigations measures are
incorporated into the project to reduce the
construction related air quality emissions to
the extent feasible. However, the emissions
can not be mitigated to a level consideredless
than significant. Therefore, the City
require that all construction comply with the
SCAQMD's regulations, including Rule 402 and
403. As a result, these unavoidable effects
are acceptable when balanced against the facts
set forth in the project's Statement of
Overriding Consideration.
(k) The design of the subdivision or the type of
improvements will not conflict with easements,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
Conditions of approval are incorporated into the
project which provide for future street easements,
6
the installation and maintenance of utilities, slope
and drainage easements, "restricted use" area
easements and appropriate access easements.
Therefore, the design of the subdivision or the type
Of improvements will not conflict with easements,
acquired by the public at large, for access through
or use of, property within the proposed subdivision.
4. Based on the findings and conclusions set forth above,
the Planning Commission hereby recommends approval of
VTTM No. 52267 subject to the following conditions:
a. General: byPft
°
(1) The project site shall be developed in sub-
stantial conformance to the VVTM No. 52267, CUP
No. 98-03 and OT No. 98-01 submitted to and
approved by the Planning Commission
collectively attached hereto as Exhibit "A" -
subdivision map and mitigation landscape plan,
Exhibit "B" - Statement of Overriding
Consideration and Exhibit "C" - Mitigation
Monitoring Program dated May 12, 1998.
(2) The project 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 removc.l 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.
(3) This approval is granted subject to the
conditions of approval of Hillside Management
Conditional Use Permit No. 98-03 and Oak Tree
Permit No. 98-01.
(4) This approval shall not be effective for any
Purpose until the applicant and owner of the
property involved have filed within 15 days of
approval of this map, at the City of Diamond
Bar's Community an6 Lavelopment Services
Department/Planning Division, their Affidavit
of Acceptance stating that they are aware of
and agree to accept all the conditions of this
approval. Further, this approval shall not be
effective until the applicant pays remaining
Planning Division processing fees.
7
(5) In accordance with Government Code Section
66474.9 (b)(1), the applicant shall defend,
indemnify, and hold harmless from any claim,
action, or proceeding against the City or its
agents, officers, or employees to attack, set
aside, void or annul, approval of VTTM No.
52267 brought within the time period provided
for Government Code Section 66499.37..
(6) The applicant shall comply with the 1994
adopted Uniform Building Code, Uniform
Mechanical Code, Uniform Plumbing Code and the
1993 National Electric Code and all other
applicable construction codes, ordinances and
regulations in effect at the time the
application was deemed complete.
(7) Notwithstanding any previous subsection of this
resolution, the Department of Fish and Game
requires payment of a fee pursuant to Section
711.4 of the Fish and Game Code. Said payment
shall be made by the applicant within five days
of this grant's approval.
(8) Applicant shall pay development fees
(including, but not limited to Planning,
Building and Safety, Public Works and,
Engineering Divisions and Mitigation prior to
Monitoring) at the established rates, p
final map approval, issuance of building or
grading permits (whichever comes first), as
required by the City. School fees shall be
paid prior to the issuance of a building
permit. Additionally, the applicant shall pay
all remaining prorated City project review and
processing fees prior to the Map's recordation
as required by the City.
(9) All equipment staging areas shall be located on
the project site. The staging area, including
material stockpile and equipment storage area,
shall be enclosed with a six foot high chain
link fence. All access points in the fence
shall be locked whenever the construction site
is not supervised.
(10) vTTM No. 52267 is valid for two years. An
extension of time may be requested in writing
and shall only be considered if submitted to
the City no less than 30 days prior to this
approval's expiration date. Final map approval
will not be granted unless either the map is in
substantial compliance with VTTM No.
52267has
including all conditions or the app
licantentered into a subdivision approvement
agreement to the satisfaction of the City
Attorney.
8
(11) The project site shall be maintained and
operated in full compliance with the conditions
of this approval and all laws, or other
regulations applicable.
(12) This grant shall be null, void and of no effect
if the City Council fails to approve CUP No.
98-03 and OT No. 98-01 52267.
b. Planning Division•
(1)
The Mitigation Monitoring Program outlined in
Environmental Impact Report No. 97-2 (sCH NO.
97031005) and approved by the City shall be
implemented and complied with rigorously. The
Mitigation monitoring fees shall be deposited
with the City 90 days prior to the issuance of
a grading permit. All costs related to the
ongoing monitoring shall be secured from the
applicant and received by the City prior to the
final map's approval.
(2) Conditions, Covenants, Restriction and
Reservations (CC&Rs) and Articles of
Incorporation of a homeowners' association are
required and shall be provided to the Deputy
City Manager and the City Attorney for review
and approval prior to the recordation of the
final map. A homeowners' association shall be
created and responsibilities thereof shall be
delineated with the CC&Rs. The CC&Rs and
Articles of Incorporation shall be recorded
concurrently with the final map or prior to the
issuance of any City permits, whichever occurs
first. A recorded copy shall be provided to
the City Engineer.
(3) VTTM No. 52267's CC&Rs shall incorporate at a
minimum, provisions which will establish a
maintenance program for urban pollutant basins
and all mitigation measures within the
Mitigation Monitoring Program.
(4) A clause shall be incorporated into the CC&Rs
which requires disputes involving interpre-
tation or application of the CC&Rs (between
private parties) to be referred to a neutral
third party mediation service prior to any
Party initiating litigation in a court of
competent jurisdiction. The cost of such
mediation shall be borne equally by the
parties.
(5) Applicant shall incorporate within the CC&Rs a
reference to the availability of the "Buyers
Awareness" Package and the fact that a copy is
on file in the City of Diamond Bar's City
Clerk's office. This package shall include,
but is not limited to, information pertaining
9
to geologic issues regarding the property,
wildlife corridors, oak and walnut tree
preservation issues, Exhibit "A" which
delineates each lot's building envelope,
explanatory information pertaining to
restrictions on use of properties as necessary
and similar related matters. The applicant
shall give each buyer a copy of the "Buyers
Awareness Package and shall document their
receipt of the same in the escrow instructions
of each lot and document their receipt to the
City.
(6) Applicant, through the "Buyers' Awareness
Program", shall encourage the segregation of
green waste for reuse as specified
under
Element City's Source Reduction Recycling
County Sanitation District's waste diversion
policies.
(7) The proposed model home units shall comply with
the City's Development Review Ordinance.
All residential dwelling
units are required to
(8) obtain Development Review approval. Additional-
ly, residential dwelling units shall utilize
the following development standards:
(a) Front yard setbacks shall be a minimum of
' 20 feet from the front property line.
Architectural styles/front elevations
shall vary• allenotmbesutilizednon
elevation sh provide a
adjacent home. The homes shall p
perspective along a street that utilizes
varying plane, giving the appearance of
varying setbacks;
(b) Side yard setbacks shall be a minimumnoof 5
feet and 10 feet from the propertyunits shall
The distance between dwelling
be a minimum of 15 feet;
(c) Rear yard setbacks shall be a minimum of
20 feet from the property line; however,
all two story homes on the subdivision's
perimeter lots (Lots 3, 4, 8 through 20,
50, 52, 65 through 68, 71 through 77, 112
through 123, 126 through 129 ) shall
maintain a 30 foot rear yard setback in
order to reduce view and aesthetic impacts
from off-site and on-site;
(d) Maximum building height shall not exceed
two stories and 35 feet;
(e) Accessory structures may be permitted
utilizing setback distances consistent
with the residential zoning designation
10
for the property at the time of permit
issuance;
(f) Minimum lot size 6,000 square feet; and
(9) Perimeter fencing shall consist of three
foot high block walls with wrought iron,
glass, or open work fencing not to exceed
three feet to reduce view and aesthetic
impacts. Additionally, the perimeter
fencing shall allow for the move
on-site wildlife. of
(9) All ground mounted utility appurtenances w i
A.C. condenser units, transformersetc.)(shall
be located out of public view and adequately
screened through the use of a combination of
concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the
Community and Development Services Department/
Planning Division.
(10) Prior to the recordation of the final map, the
applicant shall satisfy the City's park
obligation by contributing an in -lieu fee to
the City.
(11) Grading and/or construction activities shall be
restricted to 7:30 a.m. to 5:00 p.m., Monday
through Saturday. All equipment utilized for
grading and/or construction shall be properly
muffled to reduced noise levels. Transpor-
tation of equipment and materials and the
operation of heavy grading shall also be
restricted to 7:30 a.m.
through Saturdayto 5:00 p.m., Monday
. Dust generated by grading
and construction activities shall be reduced by
watering the soil prior to and during the
activities and in accordance with South Coast
Air Quality Management District Rule 402 and
Rule 403. Reclaimed water shall be used
whenever possible.
(12) 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 landform slope con-
figuration and shall not be placed in exposed
Positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope
face.
(13) Prior to issuance of occupancy permits, all oak
and walnut trees and plant species shall be
installed according to ratio, locations, and
palette mix specified in EIR No. 97-2 (SCH NO.
97031005) and its associated Biological
Resource Management Plan (BRMP). The BRMP
shall be implemented and maintained by the
11
applicant for a five year period following
installation with compliance documented through
the adopted Mitigation Monitoring Program.
(14) The final landscape plan shall substantially
comply with the recommendations of the Planning
Commission, EIR No 97-02 and Hillside
Management Ordinance. Final landscape plan
shall include fencing details, tree staking,
soil preparation, planting details, automatic
irrigation systems and the incorporation of
xerotropic landscaping wherever feasible.
Additionally, the final landscape plan shall be
reviewed and approved by the City prior to the
issuance of a grading permit.
(15)
The grading plan shall substantially Tonal bynfoto
for app
VTTM No. 52267 as recommended
the Planning Commission. The approved VTTM No.
52267 and Hillside Management Ordinance shall
and requirements
supersede all other standards
relating to this project. surety bonds shall
be posted to the satisfaction of the City
Engineer and City Attorney.
(16)
All slope planting and irrigation shall be
in healthy and
continuously maintained a
thriving condition by the applicant until each
by the
individual unit is sold and occupied
for those
buyer. Prior to releasing occupancy
inspection shall be conducted by the
units, an
Planning Division to determine that all slope
planting is in satisfactory condition.
(17)
All off-site landscaping, grading and other
be completed prior to the
improvements shall
units, with the exception of
occupancy of any
the Biological Resources Management Plan which
has a five year compliance period.
(18)
Emergency access shall be provided, maintained
of 26 feet wide, at
free and clear, a minimum
all times during construction and in accordance
with the Fire Department requirements.
(19) Prior to the issuance of any building permits
for combustible construction, evidence shall be
submitted to the Fire Department that temporary
water supply for fire protection is available,
pending completion of the required fire pro-
tection system.
(20) Discharge of sewage from this project site into
the public sewer system shall not violate the
requirements of the California Regional Water
Quality Control Board (CRWQCB,) pursuant to
Divisi7, section3000 of
thethe CRWQCBeshalleA
be
12
submitted to the City prior to the issuance of
construction permits.
(21) Based on soils and hydrology studies,, the
applicant shall provide a plan for review and
approval by the City Engineer and the co -
permittees related thereto, pursuant to the
NPDES requirements.
(22) The urban pollutant basins shall be maintained
by the applicant or it's successor in con-
formance with all applicable standards. The
applicant shall convey to the City the non-
exclusive right to maintain, at its sole
election, such urban pollution basins in the
event the party responsible fails to maintain
the basins.
(23) vTTM No. 52267 shall comply with all
requirements of the Zoning Ordinance and "of the/'
underlying Zoning unless set forth in this
Permit or shown on the approved plans.
(24) Applicant shall obtain approval from the County
Sanitation District on the location of
structures affecting the County Sanitation
easements and submit written evidence to the
City prior to the grading permits issuance.
(25) Any lighting fixtures adjacent to interior
property lines shall be approved by the Deputy
City Manager as to type, orientation and
height.
(26) Blasting and/or dynamiting shall not be
permitted.
(27) In exchange for the removal of map and deed
restrictions, the applicant shall fullfill
following requirements: the
(a) Dedicate to the City as public open space:
all of Lot 9 of Tract No. 314791,
approximately 86 acres; portions of Lots
4, 5, and 7 of Tract No. 31479,
approximately 274.3 acres excluding
manufactured slope; and
(b) Contribute $ to the City,s
Parks and Acquisition Fund.
(28) The applicant shall comply with the following
standards and provisions of the Biological
Resouces Management Plan specified in the EIR
No. 97-2:
(a) Oak trees removed which are less than 36
13
inches in diameter shall be replaced at a
2:1 ratio;
(b) Oak trees removed which are between 36 and
48 inches in diameter shall be replaced at
a 3:1 ratio;
(c) Oak trees larger than 48 inches in
diameter shall be replaced at a 4:1 ratio;
and
(d) Coastal sage scrub shall be replaced at a
2:1 ratio (for each acre of coastal sage
scrub lost, two acres shall be replaced).
C. p re nOR RIKI SAt:
(1) A fuel modification plan,
landscape/irrigation
plan approved by a registered landscape
and
architect shall be submitted
dCfor review
Depart-
ment
by the Los Angelesvipermits.
prior to the issuance of any City
(2)
Access shall comply with Section 902 of the
all weather access.
Fire Code which requires
All weather access may require paving.
(3 )
Fire Department access shall extend to within
portion of
150 feet distance of any exterior
all structures.
(4)
Where driveways extend further than 300ounds feet
and are of single access design, went use
fire protection equip
suitable for
shall be provided and shown on the final map.
and
Turnarounds shall be designed, constructed
their integrityfor
maintained to insure
Where topography dictates,
Department use.
turnarounds shall be provided for driveways
which extend over 150 feet.
(5)
Vehicular access shall be provided and
throughout construction
maintained serviceable
to all required fire hydrants. All required
tested, and
fire hydrants shall be installed,
accepted prior to construction.
(6)
Applicant shall provide Fire Department or City
access
approved street signs and,building
numbers prior to occupancy.
(7 )
Required fire flow for public fire hydrants at
1250 gallons per minute
this location shall be
for a duration of seven hours, over
at 20 psi
and above maximum daily domestic demand.
be used
Hydrant(s) flowing simultaneously may
to achieve the required fire flow.
14
(8) Applicant shall provide information on the
location of all existing fire hydrants.
(9) All hydrants shall measure 611 x 401 x 2 1/2"
brass or bronze, conforming to current AWWA
standard C503 or approval equivalent. All
hydrants shall be installed a minimum of 25
feet from a structure or protected by two hour
fire wall.
(10) All required fire hydrants shall be installed,
tested and accepted prior to construction.
Vehicular access shall be provided and
maintained serviceable throughout construction.
(11) Applicant shall provide three additional maps
for fire hydrant placement and distribution.
d• P IiCaion:
General'
(1) Discharge of sewage from this project site into
the public sewer system shall not violate the
requirements of the California Regional Water
Quality Control Board (CRWQCB), pursuant to
Division 7, Section 1300 of the Water Code. A
letter of compliance from the CRWQCB shall be
submitted to the City prior to the issuance of
construction permits.
(2) Based on soils and hydrology studies, the
applicant shall provide a plan for review and
approval by the City Engineer and the co -
permittees related thereto, pursuant to the
NPDES requirements.
(3) Applicant shall maintain the urban pollutant
basins in conformance with all applicable
standards.
(4) Prior to the grading permits issuance, the
applicant shall obtain approval from the County
Sanitation District on the location of
structures affecting the County Sanitation
easements and submit written evidence to the
City
(5) Prior to any construction, the applicant shall
submit to the City all applicable construction
permit fees and construction permit
applications.
(6) Construction and/or grading equipment shall not
utilize Highcrest Drive as access to the
project site.
15
Public Works/Enaireerina:
(1) prior to final map approval, the applicant
shall submit to the City written certification
that all utility services and any other service
related to the site shall be available to serve
the proposed project. Such letters shall be
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 shall be identified and shown on final
map. If an easement is blanket or indeterminate
in nature, a statement to that effect shall be
shown on the final map in lieu of its location.
(3) Prior to final map approval and when final map
is submitted for plan check, a title report/
guarantee showing all fee owners, interest
holders, and nature of interest shall be
submitted. The account shall remain open until
the final map is filed with the County
' Recorder. Ten working days prior to final map
approval, an updated title report/guarantee and
subdivision guarantee shall be submitted to the
City.
(4) New boundary monuments shall be set in
accordance with the State Subdivision Map Act
and as required by the City Engineer.
(5) Prior to final map approval, if any public or
private improvements required as part of this
map have not been completed by applicant and
accepted by the City, the applicant shall enter
into a subdivision agreement with the y and
bond
shall post the appropriate security. All
amounts shall be provided by the applicant and
approved by the City Engineer.
(6) Prior to final map approval, all site grading,
landscaping, irrigation, street, sewer and storm
drain improvement plans shall be approved by the
City Engineer, L.A. County Fire Department, and
appropriate regulatory agencies (e.g• California
Department of Fish and Game, etc.)•
(7) Applicant, at the applicant's sole cost and
expense, shall construct all required public and
private improvements. if any
require
improvements have not been completed by the
applicant and accepted by the City prior to the
final map approval, the applicant shall enter
into a subdivision agreement with the City and
shall post the appropriate security, guaran-
teeing completion of the improvements, prior to
final map approval. A detailed engineering cost
estimate shall be submitted to the City Engineer
16
for bonding purposes prior to the submittal of
these securities guaranteeing completion of the
improvements.
(8) House numbering plans shall be submitted to and
approved by the 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
shall not constitute approval of said notes.
(10) Precise grading plans for each lot shall be
submitted to the Community and Development
Services Department/Planning and Public Work*
Divisions for approval prior to issuance of
building permits. (This may be on an
incremental or composite basis.)
(11) 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 applicant shall dedicate to the
City the right to prohibit the erection of
buildings or other structures within such
restricted use areas shown on the final map.
(12) Prior to final map approval and the issuance of
grading permit(s), the applicant shall post
surety and execute an agreement guaranteeing
completion of all drainage facilities necessary
for dewatering all parcels to the satisfaction
of the City Engineer.
(13) 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.
(14) Prior to finalization of any development phase,
sufficient street, sewer, and drainage
improvements shall be completed beyond the
phase boundaries to assure secondary access,
proper outfall for sewers and drainage
protection to the satisfaction of the City
Engineer. Phase boundaries shall correspond to
lot lines shown on the final map.
(15) Prior to final map approval, applicant shall
submit the detail cost estimates for bonding
purposes of all public improvements to the City
Engineer.
(16) Prior to any work being performed in public
right-of-way, applicant shall pay fees and
obtain a construction permit from the Public
17
Works Division in addition to any other permits
required.
(17) Prior to final map approval, applicant shall
pay its fair share of other traffic
improvements required based upon amended
traffic study as approved by City Engineer.
(18) Applicant shall label and delineate on the
final map any private drives or fire lanes to
the satisfaction of the City Engineer.
(19) Any existing easement for open space,
utilities, riding and hiking trails shall be
relocated and/or grading performed, as
necessary, to provide, for the portion within
the subdivision, continued and practical access
for the intended use.
(20) Prior to recordation of the final map, VTTM No.
52267 shall be annexed 130 homes and all open
space to Landscape Maintenance District 38.
Those portions of VTTM No. 52267 currently
within Landscape Maintenance District 39 shall
be remove from said Landscape District and as
deemed appropriate, be incorporated into VTTM
No. 52267 Homeowners' Association and Landscape
Maintenance District 38.
(21) All boundary monuments not found at the time o
making the survey for the final map shall be
set in accordance with the State Subdivision
Map Act and the City Subdivision Code, and
shall be subject to approval by the City
Engineer. Street centerline monumentsshall be
subject to approval by the City Eng'
Street centerline monuments shall be set to
mark the intersections of streets, inter-
sections of streets with the tract boundary and
to mark either the beginning and end of curves
or the points of intersection of tangents
thereof, or other intermediate points to the
satisfaction of the City
ine
monument ties shall be submitted to the City
Engineer for approval in accordance with City
standards.
(22) Easements, satisfactory to the City Engineer
and the utility companies, for public utility
and public services purposes shall be offered
and shown on the final map for dedication to
the City.
(23) After the final map records, applicant shall
submit to the Engineering Division, at no cost
to the City, a full size reproducibleval of theCOPY
public
the recorded map. Final app
improvements shall not be given until the copy
18
of the recorded map is received by the
Engineering Division.
(24) As built mylars, stamped b
individuals certifying they appropriate ,
plan shall b
provided at no cost to the City for all
improvements.
(25) All improvements for proposed VTTM No. 52267
shall be coordinated with any existing or
proposed maps.
(26) Applicant shall contribute funds to a separate
engineering trust deposit against which charges
can be made by the City or its representatives
for services rendered. Charges shall be on an
hourly basis and shall include any City admin-
istrative costs.
(27) Applicant shall provide digitized -information
in an Auto Cadd format defined by the City for
all related plans, at no cost to the City.
(28) All activities/improvements
proosed for
map shall be wholly containedwithin the this
boundaries of the map. Should any off-site
activities/improvements be required, approval
shall be obtained from the affected property
owner as required by the City Engineer.
(29) All improvement plansi.e., gradin
control, storm drain, sewer, street,, etc.)ion
shall comply and follow NPDES guidelines for
construction and include appropriate Best
Management Practices (BMP's).
(30) Prior to the initiation of grading operations,
the applicant shall obtain all applicable
construction, stormwater and NPDES permits as
may be required by the City, Los'Angeles County
and the California Regional Water Quality
Control Board for the discharge of urban
Pollutants. All improvement plans and
construction shall comply with the City's NPDES
requirements.
Grad-3na
(1) Grading of the subject property shall be in
accordance with the Uniform Building Code, City
Grading Ordinance 7 (1992), Hillside Management
Ordinance and acceptable grading practices.
Prior to the issuance of a grading permit, the
precise grading plan shall be in substantial
conformance with the grading plan approved as a
material part of VTTM No. 52267.
19
(2) The maximum grade
of driveways serving building
pad areas
(3) At the time of submittal of the
detailedesoils
grading plan for plan check,
and geology report shall be
submitid ted
to the shall
City Engineer for app
be prepared by a qualified engineer and/or
geologist licensed by the State of California.
Prior to the issuance of a grading permit,
report shall address, but not be limited to the
following:
(a) Stability analyses of daylight shear keys
with a 1:1 projection from daylight to
slide plane; a projection plane shall have
a safety factor of 1.5;
(b) All soils and geotechnical constraints
(i.e., landslides, shear key locations,
etc.) shall be delineated in detail
with
respect to proposed building
(c) "Restricted use,, areas and structural
setbacks shall be considered and
delineated prior to recordation of .the
final map;
(d) Soil remediation measures shall be
M' designed for a "worst case" geologic
interpretation subject to verification in
< the field during grading;
(e)
The extent of any remedial grading into
natural areas shall be clearly defined on
the grading plans;
(f) Areas of potential for debris flow shall
be defined and proper remedial measures
ess res
implemented as approved by
ity
Engineer;
(g) Gross stability of all fill slopes shall
be analyzed as part of geotechnical
report, including remedial fill that
replaces natural slope;
(h) Stability of all proposed slopes shall be
confirmed by analysis as approved by the
City Engineer;
(i) All geologic data including landslides and
exploratory excavations must be shown on a
consolidated geotechnical map using the
4o -scale final grading plan as a base; and
(j) All geotechnical and soils related
findings and recommendations shall be
20
reviewed and approved by the City Engineer
prior to issuance of any grading permits
and recordation of the final map.
(4) Grading plans shall be signed and stamped by a
California registered Civil Engineer,
registered Geotechnical Engineer and registered
Engineering Geologist.
(5) Final grading plans shall be prepared in a 2491
x 36" format and designed in compliance with
the recommendations of the final detailed soils
and engineering geology reports. All remedial
earthwork specified in the final report shall
be incorporated into the plans.
(6) Final grading plans shall be submitted to and
approved by the City Engineer.
(7) An erosion control plan shall be approved
the City Engineer. Erosion control Plans hall
be made in accordance to the City's NPDES
requirements.
(8) All slope banks in excess of five (5) feet in
vertical height shall be seeded with native.
grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion
of grading or some other alternative method of erosion control shall be completed in
conformance with the Biological Resources
Management Plan and to the satisfaction of the
City Engineer and a
permanent irrigation system
shall be installed.
(9) No grading or any staging or any construction
shall be performed prior to final map approval
by the City Council. All pertinent improvement
Plans shall be approved by the City Engineer
prior to
final map approval by the City
Council
Dra— inane
(1) Applicant shall post surety 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 ma approval
to the issuance of prmits.and prior
grading permits.
(2) 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.
(3) All drainage improvements necessary for
dewatering and'protecting the subdivided
properties shall be installed prior to issuance
21
(4)
(5)
(6)
(7)
of building permits for construction upon any
parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative
to which a building permit is requested.
Prior to placement of any dredged or fill
material into any U.S.G.S. blue line stream
bed, a 404 permit shall be obtained(if
applicable) from the U.S. Army Ps
Engineers and an agreement with the
l alifo)nia
Department of Fish and Game (if app
cable
shall be obtained and submitted to the City
Engineer.
The applicant shall provide drainage facilities
to remove any 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 shall be
constructed within the street right-of-way
ior
n easements actory countytEngineer
Control and the Los Angeles
Districts.
A permit from the County Flood Control District
shall be required for work within its
right-of-way or connection to its facilities.
A permit from CALTRANS shall be required for
work within its right-of-way.
Vehicular access shall be provided to all
"Urban Pollutant Basins" withaa minimum
andwidth a
of 15 feet, with 12 feet of pm
maximum slope no greater than
unless
otherwise approved the CityEngineer.
Prior to recording of final map, applicant
shall construct or post bonds for drainage
improvements and offer easements needed for
street and slope drainage as required by the
City Engineer.
(8)
(9) A final drainage study and final drainage/storm
drain plan in a 24" x 36" sheet formatshall
be
submitted to and approved by
the City prior to final map approval. All drainage
facilities sthelCitydEngineeraandcinsaccordance
as
required by of Los. Angeles standards. Private
with County purposes
(and future) easements for storm drain p p
shall be offered and shownThenpthe finalte map for
dedication to the City.
rm
drain facilities shall be maintained by the
homeowners asscheion and
Prior to tthis shall be
assured through
he issuance of a grading permit, a
(10)
complete hydrology and hydraulic study shall be
22
Prepared by a registered Civil Engineer to the
satisfaction of the City Engineer.
3 - Bets
(1) Street improvement plans in a 24"x 361' sheet
format, prepared by a registered Civil
Engineer, shall be submitted to and approved by
the City Engineer. The design and construction
Of street improvements for the full width shall
be required as shown on the tentative map.
(2) Prior to final map approval, the applicant
shall submit street names for City review and
approval. Street names shall not duplicate
existing streets within the City of Diamond
Bars postal services zip code areas.
(3) New street centerline monuments shall be set at
the intersections
of two or more streets,
intersections of streets with tract
boundaries
and to mark the beginning and ending of curves
or the
points of intersection of tangents
thereof. Survey notes
showing the ties between
all monuments set and four (4) durable
reference points for each shall be submitted to
the City Engineer
for approval in accordance
with City Standards,
prior to issuance of
Certificate of Occupancy.
(4)
Street improvement plans in a 2411 x 36" sheet
format,
prepared by a California registered
Civil Engineer, shall
a'
be submitted to and
approved by the City Engineer.
Security shall
be posted and an agreement executed guarantee-
ing completion
of the public and/or
street improvements, Private
prior to final
approval. map
(5)
No street shall exceed a maximum slope of 12%
except that portion
of Tin Drive which has a
maximum slope of 14% for approximately
4001.
(6)
Prior to recording of final map, applicant
shall construct base
and asphalt concrete
pavement for all streets in
accordance with
soils report prepared by a California
registered soils engineer and approved by the
City Engineer
or as otherwise directed by the
City Engineer.
(7)
Applicant shall provide and install street name
Signs to the satisfaction
of the City Engineer
prior to issuance of a Certificate of
Occupancy.
(8)
Applicant shall construct curb and gutters per
City standards subject to
Engineer. approval by the City
23
(9) The connection to Highcrest Drive from hicleNo.
52267 shall be restricted to emergency ve
access only.
Utilities
(1) All utility linesshall be underground in
frontage of the VTTM
267.
(2) Applicant shall construct street lights along
all streets, as required, per City standards
and as approved by the City Engineer. The
street lights shall be annexed into the appro-
priate street lighting districts, or shall be
operated and maintained by a homeowners
association.
(3) Prior to the approval and recordation of the
final map, the applicant shall submit written
certification to the City from the Walnut
Valley Water District (WVWD) that adequate
water supply and facilities are available to
serve the project; from the Los Angeles County
Sanitation District (LACSD) that adequate
sewage conveyance and treatment capacity are
available to serve the project;
and from each
;^ public utility and cable television purveyor
that adequate supplies and facilities are or
will be available to serve the proposed
project. Such letters shall be issued by the
districts, utility companies and cable
television company within ninety (90) days
prior to final map approval.
(4) Prior to final map approval, a water system
with appurtenant facilities to serve all
lots/parcels in the land division designed to
the WVWD specifications shall be provided and
approved by the City Engineer. The system
shall include fire hydrants of Ltheos p type
a
nd
location as determined by
the 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.
(5) Prior to final map approval, the applicant
shall construct or enter into and improvement
agreement with the City guaranteeing con-
struction of the necessary improvements to the
existing water system according to WVWD
specifications to accommodate the total
domestic and fire flows as may be required by
the City Engineer, WVWD and Fire Department.
(6) Applicant shall provide separate underground
utility services to each parcel, including
water, gas, electric power, telephone and cable
TV, in accordance with the respective utility
24
company standards. Easements required by the
utility companies shall be approved by the City
Engineer prior to granting.
(7) Applicant shall relocate and underground any
existing on-site utilities to the satisfaction
of the City Engineer and the respective utility
owner.
(8) Prior to submittal of the final map, written
certification from Walnut Valley Water
District, GTE, SCE, SCG and Century
Communications stating that adequate facilities
are or will be available to serve the proposed
project shall be submitted to the City.
(9) Underground utilities shall not be constructed
within the drip line of any mature tree or any
tree planted in the mitgation monitoring area
except as approved by a registered arborist.
(10) Based on a determination by the City Engineer,
the City reserves the right to require the
applicant to plan and incorporated into the
homeowners' association obligations to the
future installation of main and service lines
capable of delivery of reclaimed water to all
homeowners' association maintained common area
landscaped portions of VTTM No. 52267, 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, to the satisfaction of the
City Engineer and designed to the specification
of the WVWD.
(11) Applicant shall post security guaranteeing
completion of all utility improvements, prior
to the final map approval.
Traffic
(1) Traffic improvement plans shall be prepared by
a registered Civil Engineer in a 241IX3611 sheet
format and submitted to and approved by the
City Engineer. Security shall be posted and an
agreement executed guaranteeing completion of
traffic improvements prior to final map
approval.
(2) Intersection line of sight designs shall be
submitted to the City for approval may be
required by the City Engineer.
(3) Traffic control signing and striping plans
shall be prepared for any construction
25
affecting traddic on Diamond Bar Boulevard in
accordance with City requirements and submitted
to and approved by the City Engineer prior to
approval of the final map.
(4) Prior to final map approval, the applicant
shall pay its fair share of traffic signal
improvements required (Tin Drive/Diamond Bar
Boulevard) pursuant to the approved EIR. Based
upon recommendations presented in the traffic
study, this fair share is 100 percent of the
costs for traffic signal installation.
Applicant shall also be responsible for other
traffic modification improvements such as
median, signing and striping for left and right
turn lane pockes. The applicant shall, at his
sole cost and expense, install full sidewalks
of five feet minimum in width along the
property frontage on Diamond Bar Boulevard
between Goldrush Drive and Steep Canyon. All
improvments shall comply with current American
Disabilities Act standards.
Sewers
(1) Sewer system improvement plans (24" x 36" sheet
format, 2 pages per sheet) prepared by a
California registered Civil Engineer shall be
submitted to and approved by the City Engineer,
Los Angeles County Public Works Department, and
Los Angeles County Sanitation District prior to
final map approval.
(2) Prior to final map approval, applicant shall
submit a sanitary sewer area study to the City
Engineer verifying that capacity is available
in the sewerage system to be used as the
outfall for the sewers in this land division.
If the system is found to be of insufficient
capacity, the problem shall be resolved to the
satisfaction of the City Engineer.
(3) 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 and depthaystem
pproved
shall be of the size, grade
by the City Engineer, County Sanitation
District and Los Angeles County Public Works
Division prior to approval of the final map.
(4) Applicant shall obtain connection permit(s)
from the City and County Sanitation District
prior to issuance of building permits. The
area within the tentative map boundaries shall
be annexed into the County Consolidated Sewer
Maintenance District and appropriate easements
for all sewer main and trunk lines shall be
26
shown on the final map and offered for
dedication on the final map.
(5) Applicant, at applicant's sole cost and
expense, shall construct the sewer system in
accordance with the City, Los Angeles County
Public Works Department and County Sanitation
District standards.
(6) Applicant shall obtain approval by County
Sanitation on the location of the structures
affecting County Sanitation easements and
submit written evidence to the City prior to
issuance of a grading permit.
(7) Security shall be posted guaranteeing
completion of the improvements and Mitigation
Monitoring Plan, prior to final map approval.
(8) Applicant shall convey access and property
easement and rights-of-way to the Los Angeles
County Sanitation District, as deemed necessary
by the County and City Engineer for the
construction and maintenance of sewer lines and
associated facilities prior to final map
approval.
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, Diamond Hills Ranch
Partnership, 5109 E. La Palma Avenue, Ste. D,
Anaheim, CA 92807 and SunCal Companies, 5109 E. La
Palma Avenue, Ste. D, Anaheim, CA 92807.
APPROVED AND ADOPTED THIS 12TH DAY OF May, 1998, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe McManus, Chairman
27
I, James DeStefano, Planning Commission
that the foregoing Resolution was duly
by the Planning Commission of the City
meeting of the Planning Commission held
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
James DeStefano, Secretary
28
Secretary, do hereby certify
introduced, passed, and adopted
of Diamond Bar, at a regular
on the 12th day of May, 1998,
PLANNING COMMISSION
RESOLUTION NO. 98 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF TEE
CITY OF DIAMOND BAR RECOMMENDING CONDITIONAL
APPROVAL OF HILLSIDE MANAGEMENT CONDITIONAL
IIBE PERMIT NO. 98-03, OAR TREE PERMIT NO. g8-
01, THE REMOVAL OF MAP AND DEED RESTRICTIONS
AND THE DEDICATION OF 274.3 ACRES OF TRACT NO.
52267 AND ALL OF LOT 9 OF TRACT NO. 31479 TO
PUBLIC, OPEN SPACE FOR VESTING TENTATIVE MAP
NO. 52267, A 141 LOT SUBDIVISION FOR THE
EVENTUAL DEVELOPMENT OF 130 SINGLE FAMILY
HOMES GENERALLY LOCATED EAST OF DIAMOND BAR
BOULEVARD AND NORTH OFEXTENSION GRAND AVENGE AT THE
CALIFORNIA.OF HIGHCREST DRIVE, DIAMOND BAR,
CALIFORNI
A. RECITALS.
=�• The property owner, Diamond Hills Ranch Partnership and
applicant, SunCal Companies has filed an application for
Vesting Tentative Map (VTTM) No. 52267 in order to
subdivide a 339.3 acre parcel into 141 lots for the
eventual development of 130 detached single family homes.
The project site is generally located east of Diamond Bar
Boulevard, and north of Grand Avenue at the extension of
Highcrest Drive, Diamond Bar, Los Angeles County,
California, as described above in the title of this
Resolution. The request also includes: a Conditional Use
Permit for development within an urban hillside
management area (CUP No. 98-3), an Oak Tree Permit (OT
No. 98-1) for the removal of oak trees, the removal of a
map restriction, and the dedication of 274.3 acres of
Tract No. 52267 and all of Lot 9 of Tract No. 31479 to
public, open space.
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. The Planning Commission of the City of Diamond Bar on
February 10, 1998 conducted a duly noticed public hearing
on CUP No. 98-03 and OT No. 98-01. The public hearing
was opened and comments were received on the project,
draft Environmental Impact Report No. 97-2 (SCH NO.
1
B.
97031005), CUP No. 98-03 and OT No. 98-01. At th9t time,
the public hearing was continued to February 24,`k1S9-.
The public hearing was again continued to March 24'f! 1998
and to April 28, 1998. On April 28, 1998 public contftn"
were received and then the public hearing was closed. At,
that time, the Commission directed staff to prepare
appropriate documents and return them to the Commission
on May 12, 1998
Notification of the Application's public hearing has been
made in the Gabriel Valley Tribune and Inland Valley
Daily Bulle in newspapers on January 21, 1998. Nine
` hundred and twenty-nine property owners within a minimum
'oot radius of the project site were notified by mail
y„ 500 f
,,on January 20, 1998•
Resolution.
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Commission hereby determines that the
project identified above in this Resolution requires an
Environmental Impact Report (EIR). EIR No. 97-2 (SCH NO.
97031005) has been prepared according to the California
Environmental Quality Act (CEQA) of 1970, as amended, and
the guidelines promulgated thereunder. Furthermore, this
Planning Commission has reviewed the EIR in reference to
CUP No. 98-03 and OT No. 98-01.
3. Based on the findings and conclusions set forth herein,
this Planning Commission hereby finds as follows:
(a) The project relates to a vacant parcelof
7) of
approximately 339.3 acres (Lots 4, 5, ,
Tract No. 31479. Additionally, the project relates
to Lot 9 of Tract No. 31479 which in its entirety
will be dedicated to.public open space.
(b) The project proposes to subdivide 65 of the 339.3
acres into 141 lots for the development of 130 gated
detached single family homes within a private, g
community; remove and replace oak and walnut trees;
and remove the map restriction on a portion of the
65 acres. The balance of the 339.3 acres (274.3
acres) and all of Lot 9 of Tract No. 31479 will be
dedicated to the City as public, open space.
(c) The project site has a General Plan land use
designation of Planning Area 2. The proposed
project complies with the General Plan and Planning
Area 2 as defined in the General Plan. The project
site is zoned Residential Planned Development -
Minimum Lot Size 20,000 Square Feet -2 Units Per Acre
(RPD -20,000-2U).
2
(d) Generally, the following zones surround the project
site: to the north and east is the RPD -20,000-2U
Zone; to the south is the Single Family Residence -
Minimum Lot Size 40,000 Square Feet (R-1-40,000) and
the RPD -20,000-2U Zone; and to the west is the
Single Family Residence -Minimum Lot Size 8,000
Square Feet (R-1-8,000) Zone.
Conditional*Use Permit
Hills'de Mana a ent Area`�� +
1 a m �.
(e) The proposed project is located and designed so as
to protect the safety of current and future
community residents, and will not create significant
threats to life and/or property due to the presence
of geologic, seismic, slope instability, fire,
flood, mud flow, or erosion hazard.
The on-site effects from the development of VTTM No.
52267 will not result in any significant geologic,
seismic, slope instability, fire, flood, mud flow,
or erosion hazard because the project's grading plan
is consistent with the City's Hillside Management
Ordinance and will be developed with the benefit of
appropriate City permits and inspections.
Slope instability will not occur due to the
introduction of project features like shear keys and
buttress fills which have been incorporated into the
project's grading design in accordance with the
recommendations of the applicant's geotechnical
engineer and the City's grading ordinance
requirements for slope stability. Additionally,
engineered slopes on-site do not exceed 2:1 and meet
the City's stability requirements.
No active faults are known to transect the project
site or the immediate site vicinity. The
probability of on-site surface rupture or
deformation from an earthquake is considered very
low. However, ground shaking hazards caused by
earthquakes along active regional faults do exist.
All structural improvements will be designed in
accordance with the Uniform Building Code
requirements applicable to geologic conditions at
the project site.
The project site varies from an elevation of
approximately 810 above sea level (msl) along the
western boundary to approximately 1,150 msl at its
eastern edge. Several natural drainages convey site
runoff from the proposed development area and
existing adjacent residential projects to culverts
in Diamond Bar Boulevard. The balance of the 339.3
acres will remain in its natural conditions. During
the geotechnical evaluation of the project site, no
groundwater was encountered. Although the proposed
project will alter the existing natural drainage
patterns on-site, drainage will be conveyed by,, -6,;i --
site storm drain systems to existing natural
drainage courses, which then drain to existing
culverts in Diamond Bar Boulevard. The receiving
storm drain systems are adequately sized and have
adequate available capacity to accommodate these
flows. Drainage from the project site will not
alter natural drainage or impact rare or threatened
biological resources. Additionally, during
construction, short-term water quality impacts may
occur from erosion and siltation from soils exposed
by grading activities. The Federal Clean Water Act
establishes a framework for regulating potential
water quality impacts from construction activities
through the National Pollutant Discharge Elimination
System (NPDES) program. Therefore, the applicant is
required to obtain a permit from the Regional Water
Quality Control Board. Stormwater pollutant
prevention plans are required which includes both
structural and nonstructural Best Management
Practices (BMPS) to reduce water quality impacts.
Erosion control will be required. Full compliance
with applicable local, State and Federal water
quality standards by the applicant will reduce
impacts to less than significant.
The proposed project will comply with the required
standards of the Los Angeles County Fire Department.
A fuel modification plan, appropriate access and
turnarounds for fire equipment, and fire hydrants in
appropriate locations with adequate flow are
conditions of approval as specified by the Fire
Department.
The project will result in short-term construction
impacts related to fugitive dust and equipment
exhaust emissions. Short-term emissions will exceed
the SCAQMD's 100 pounds/day threshold for nitrogen
oxides (NOx) and its 150 pounds/day threshold of
particulate matter (PM10). Mitigations measures are
incorporated into the project to reduce the
construction related air quality emissions to the
extent feasible. However, the emissions can not be
mitigated to a level considered less than
significant. Therefore, the City will require that
all construction comply with the SCAQMD's
regulations, including Rule 402 and 403. As a
result, these unavoidable effects are acceptable
when balanced against the facts set forth in the
project's Statement of Overriding Consideration.
It is the above referenced standards that will
reduce the threat to life and/or property.
(f) The proposed project is compatible with the natural,
biotic, cultural, scenic and open space resources of
the area.
The compatibility of the proposed project with the t
natural, biotic, cultural, scenic and open space
resources was reviewed through the EIR process. A
biological reconnaissance survey and cultural
resource studies were taken according to industry
standards and practices. Additionally, scenic and
open space resources were reviewed.
The EIR incorporates a Mitigation Monitoring Program
(MMP) that mitigates potentially significant impacts
to the natural and biotic resources. The measures
within the MMP are based on the findings from the
biological resources survey and previously adopted
conditions by the City placed on projects containing
similar resources. The MMP also incorporates the
following: avoidance of approximately 274 acres of a
variety of plant communities; protection through a
Biological Resource Management Plan of habitat
replacement and revegetation and their protection
during construction; restoration of coastal sage
scrub species and oak and walnut tree replacement;
and appropriate permits from U.S. Army Corps of
Engineers and California Department of Fish and
Game. Through the MMP and appropriate permits, the
biological impacts can be mitigated to a level that
is considered less than significant. A Mitigation
Landscape Plan, a condition of approval for this
project, will incorporate the necessary requirements
to comply with the mitigation measures, thereby
ensuring this projects compatibility with the areas
natural and biotic resources.
No know or recorded prehistoric or historic sites
are located with the proposed project. However,
ground visibility was poor. The lower and less
steep benches that overlook the canyon and lower
drainage, are likely locations for prehistoric camp
sites. Therefore, to reduce the impact on cultural
resources, the MMP incorporates measures such as an
archaeologist and paleontologist to monitor all
clearing, brushing and grading activities on the
project site. This will ensure appropriate actions
for the exploration and/or salvage of the cultural
findings.
When combined with other projects that may be
developed and existing development in this area of
the City, the proposed project is not expected to
contribute to cumulative aesthetics/visual impacts.
The General Plan indicates that a single family
development of 130 homes would be allowed in this
area. Compliance with the City's Hillside
Management Ordinance is required to ensure that
Potential view impacts are mitigated to the extent
feasible. Aesthetic and visual impacts will be
mitigated through techniques stated within the
5
Mitigation Monitoring Plan (MMP). It is unknown
whether the mitigation measures identified in the
MMP will reduce the project's aesthetic impacts to a
level that would be considered less than
significant. Therefore, the impacts identified
within the EIR are considered significant and
unavoidable and a Statement of Overriding
Consideration will be prepared addressing this
issue.
(g) The proposed project is conveniently served by
neighborhood shopping and commercial facilities, can
be provided with essential public services without
imposing undue costs on the total community, and is
consistent with the objectives and policies of the
General Plan.
Previously mentioned findings confirm that the
proposed project is consistent with the objectives
and policies of the General Plan. Pursuant to the
EIR, this project and area surrounding the project
is served by the Los Angeles County Fire and Sheriff
Departments, as well as the Pomona Unified School
District. The facilities of the Pomona Unified
School District are inadequate and elementary
facilities demand the construction of the new
Pantera School. The district has only 5o percent of
the resources to commit to the new school's
construction. Unfortunately, school mitigation fees
from this tract will only provide less than an
additional 25 percent. A supplemental fee to create
a 50 percent contribution by the applicant is being
considered by the school district to mitigate this
issue. Additionally, the applicant will provide its
fair share for infrastructure related to this
project. Furthermore, adequate shopping and
commercial facilities are provided within
approximately one miles of the project site.
(h) The proposed development demonstrates creative and
imaginative design, resulting in a visual quality
that will complement community character and benefit
current and future community residents.
The proposed development demonstrates creative and
imaginative design through the utilization of the
standards and guidelines of the City's Hillside
Management Ordinance; the varying shape lgts with
irregular pad configuration; density pursuant to the
General Plan; the dedication of natural, public,
open space; the retention of the area'sthillside
character through landform grading
andRevegetation Plan, which will concentratethe
as
planting of vegetation in concave areas,
in nature. All these measures will complement the
D
community's character, benefitting current and
future community residents.
Oak Tree Permit
(i) The proposed construction or proposed use will be
accomplished without endangering the health of the
remaining trees on the subject property.
Pursuant to the City's Development Code, Biological
Resource Management Plan, the project's MMP,
preconstruction meetings and the project biologist,
remaining trees shall be protected at all times
during construction.
(j) The removal or relocation of the oak tree(s)
proposed will not result in soil erosion through the
diversion of increased flow of surface waters which
cannot be satisfactorily mitigated.
Pursuant to the City's grading permit process and
the project's MMP, during construction measures to
prevent erosion, such as the use of silt fencing or
hay bales shall be installed at the grading limits.
Additionally, the revegetation plan will be
implemented after feasible when grading is
completed. Therefore, soil erosion will be
satisfactorily mitigated.
(k) The removal or relocation of the oak tree(s)
proposed is necessary, as continued existence at
present location(s) frustrates the planned
improvement of proposed use of the subject property
to such an extent that placement of such tree(s)
precludes the reasonable and efficient use of such
property for a use otherwise authorized.
The removal of oak and walnut trees is necessary to
provide slope stability by the introduction of
project features like shear keys and buttress fills
in accordance with the recommendations of the
applicant's geotechnical engineer and the City's
grading ordinance requirements. Additionally, the
project's development area as cited within the
General Plan, also causes the removal of oak and
walnut trees. However, the MMP requires oak trees
with a trunk diameter less than 36 inches will be
replaced at a 2:1 ratio; oak trees with diameters
between 36 inches and 48 inches will be replaced at
a 3:1 ratio; oaks trees with diameters greater than
48 inches will be replaced at a 4:1 ratio; and
walnut tree replacement at a 2:1 ratio. All tree
replacement will include understory to ensure the
replacement of the ecosystem values. Each acre of
coastal sage scrub lost, two acres will be replaced
(2:1 ratio). Additionally, a five year monitoring
7
will occur with performance standards of 90 percent
coverage by the fifth year.
4. Based on the findings and conclusions set forth above,
the Planning Commission hereby recommends approval of CUP
No. 98-03, OT No. 98-01 and the removal of map and deed
restrictions subject to the following conditions:
a. General:
(1) The project site shall be developed in sub-
stantial conformance to the VVTM No. 52267, CUP
No. 98-03 and OT No. 98-01 submitted to and
approved by the Planning Commission
collectively attached hereto as Exhibit "A" -
subdivision and mitigation landscape plan,
Exhibit "B" - Statement of Overriding
Consideration and Exhibit "C" - Mitigation
Monitoring Program dated May 12, 1998
(2) The project 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.
(3) This approval is granted subject to the
conditions of approval for VTTM No. 52267.
(4) This approval shall not be effective for any
purpose until the applicant and owner of the
property involved have filed within 15 days of
approval of this map, at the City of Diamond
Bar's Community and Development Services
Department/Planning Division, their Affidavit
of Acceptance stating that they are aware of
and agree to accept all the conditions
f notbis
e
approval. Further, this approvals remaining
effective until the applicant pay
Planning Division processing fees.
(5) In accordance with Government Code Section
66474.9 (b)(1), the applicant shall defend,
indemnify, and hold harmless from any claim,
action, or proceeding against the City or its
8
agents, officers, or employees to attack, Se
aside, void or annul, approval of VTTM No.
52267 brought within the time period provided.
for Government Code Section 66499.37.
(6) The applicant shall comply with the 1994
adopted Uniform Building Code, Uniform --
Mechanical Code, Uniform Plumbing Code and the
1993 National Electric Code and all other
applicable construction codes, ordinances and
regulations in effect at the time the
application was deemed complete.
(7) Notwithstanding any previous subsection of this
resolution, the Department of Fish and Game
requires payment of a fee pursuant to section
711.4 of the Fish and Game Code. Said payment
shall be made by the applicant within five days
of this.grant's approval.
(8) Applicant shall pay development fees
(including, but not limited to Planning,
Building and Safety, Public Works and,
Engineering Divisions and Mitigation
Monitoring) at the established rates, prior to
final map approval, issuance of building or
grading permits (whichever comes first), as
required by the City. School fees shall be
paid prior to the issuance of a building
permit. Additionally, the applicant shall pay
all remaining prorated City project review and
processing fees prior to the Map's recordation
as required by the City.
(9) All equipment staging areas shall be located on
the project site. The staging area, including
material stockpile and equipment storage area,
shall be enclosed with a six foot high chain
link fence. All access points in the fence
shall be locked whenever the construction site
is not supervised.
(10) This grant is only valid, provided that con-
struction is begun within two years from the
date of this approval. A one year extension of
time may be requested in writing and shall only
be considered if submitted to the City no less
than 30 days prior to the approval's expiration
date.
(11) The project site shall be maintained and
operated in full compliance with the conditions
of this approval and all laws, or other
regulations applicable.
(12) This grant shall be null, void and of no effect
9
if the City Council fails to approve VTTM No'.
52267 and certify EIR No. 97-2 (SCH NO.
97031005).
b. Planning Division:
(1) The Mitigation Monitoring Program outlined in
Environmental Impact Report No. 97-2 (SCH N0.
97031005) and approved by the City shall be
implemented and complied with rigorously. The
mitigation monitoring fees shall be deposited
with the City 90 days prior to the issuance of
a grading permit. All costs related to the
ongoing monitoring shall be secured from the
applicant and received by the City prior to the
final map's approval.
(2) Conditions, Covenants, Restriction and
Reservations (CC&Rs) and Articles of
Incorporation of a homeowners' association are
required and shall be provided to the Deputy
City Manager and the City Attorney for review
and approval prior to the recordation of the
final map. A homeowners" association shall be
created and responsibilities thereof shall be
delineated with the CC&Rs. The CC&Rs and
Articles of Incorporation shall be recorded
concurrently with the final map or prior to the
issuance of any City permits, whichever occurs
first. A recorded copy shall be provided to
the City Engineer.
(3) VTTM No. 52267's CC&Rs shall incorporate at a
minimum, provisions which will establish a
maintenance program for urban pollutant basins
and all mitigation measures within the
Mitigation Monitoring Program.
(4) A clause shall be incorporated into the CC&Rs
which requires disputes involving interpre-
tation or application of the CC&Rs (between
private parties) to be referred to a neutral
third party mediation service prior to any
party initiating litigation in a court of
competent jurisdiction. The cost of such
mediation shall be borne equally by the
parties.
(5) Applicant shall incorporate within the CC&Rs a
reference to the availability of the "Buyers
Awareness" Package and the fact that a copy is
on file in the City of Diamond Bar's City
Clerk's office. This package shall include,
but is not limited to, information pertaining
to geologic issues regarding the property,
wildlife corridors, oak and walnut tree
10
preservation issues, Exhibit 'All which
delineates each lot's building envelope,
explanatory information pertaining to
restrictions on use of properties as necessary`,,
and similar related matters. The applicant
shall give each buyer a copy of the "Buyers
Awareness" Package and shall document their
receipt of the same in the escrow instructions
of each lot and document their receipt to the
City.
(6) Applicant, through the "Buyers' Awareness
Program", shall encourage the segregation of
green waste for reuse as specified under the
City's Source Reduction Recycling Element and
County Sanitation District's waste diversion
Policies.
(7) The proposed model home units shall comply with
the City s Development Review Ordinance.
(8) Residential dwelling units shall utilize the
following development standards:
(a) Front yard setbacks shall be a minimum of
20 feet from the front property line.
Architectural styles/front elevations
shall vary. The same style front
elevation shall not be utilized on
adjacent home. The homes shall provide a
perspective along a street that utilizes
varying plane, giving the appearance of
varying setbacks;
(b) Side yard setbacks shall be a minimum of 5
feet and 10 feet from the property line.
The distance between dwelling units shall
be a minimum of 15 feet;
(c) Rear yard setbacks shall be a minimum of
20 feet from the property line; however,
all two story homes on the subdivisions
perimeter lots (Lots 3, 4, 8 through 20,
50, 52, 65 through 68, 71 through 77, 112
through 123, 126 through 129 ) shall
maintain a 30 foot rear yard setback in
order to reduce view and aesthetic impacts
from off-site and on-site;
(d) Maximum building height shall not exceed
two stories and 35 feet;
(e) Accessory structures may be permitted
utilizing setback distances consistent
with the residential zoning designation
11
for the property at the time of permit
issuance;
(f) Minimum lot size 6,000 square feet;
(g) Perimeter fencing shall consist of three
foot high block walls with wrought iron,
glass, or open work fencing not to exceed
three feet to reduce view and aesthetic
impacts. Additionally, the perimeter
fencing shall allow for the movement of
on-site wildlife.
(9) All ground mounted utility appurtenances (i.e.
A.C. condenser units, transformers, etc.) shall
be located out of public view and adequately
screened through the use of a combination of
concrete or masonry walls, berms, and/or
landscaping to the satisfaction of the
Community and Development Services Department/
Planning Division.
(10) Prior to the recordation of the final map, the
applicant shall satisfy the City's park
obligation by contributing an in -lieu fee to
the City.
(11) Grading and/or construction activities shall be
restricted to 7:30 a.m. to 5:00 p.m., Monday
through Saturday. All equipment utilized for
grading and/or construction shall be properly
muffled to reduced noise levels. Transpor-
tation of equipment radingnd materials
also be
theoperation of heavy g m., Monday
restricted to 7:30 a.m. to 5:00 p. y
through Saturday. Dust generated by grading
and construction activities shall be reduced by
watering the soil prior to and during the
activities and in accordance with South Coast
Air Quality Mangagement District Rule 402 and
Rule 403. Reclaimed water shall be used
whenever possible.
(12) 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 landform slope con-
figuration and shall not be placed in exposed
positions. All down drains shall be hidden in
swales diagonally or curvilinear across a slope
face.
(13) Prior to issuance of
and walnut trees and
installed according
12
occupancy permits, all oak
plant species shall be
to ratio, locations, and
palette mix specified in EIR No. 97-2 (SCH NO
97031005) and its associated Biological
Resource Management Plan (BRMP). The BRMP
shall be implemented and maintained by the
applicant for a five year period following
installation with compliance documented through
the adopted Mitigation Monitoring Program.
(14) The final landscape plan shall substantially
comply with the recommendations of the Planning
Commission, EIR No 97-02 and Hillside
Management Ordinance. Final landscape plan
shall include fencing details, tree staking,
soil preparation, planting details, automatic
irrigation systems and the incorporation of
xenotropic landscaping wherever feasible.
Additionally, the final landscape plan shall be
reviewed and approved by the City prior to
issuance of a grading permit.
(15) The grading plan shall substantially conform to
VTTM No. 52267 as recommended for approval by
the Planning Commission. The approved VTTM No.
52267 and Hillside Management Ordinance shall
supersede all other standards and requirements
relating to this project. Surety bonds shall
be posted to the satisfaction of the City
Engineer and City Attorney.
(16) All slope planting and irrigation shall be
continuously maintained in a healthy and
thriving condition by the applicant until each
individual unit is sold and occupied by the
buyer. Prior to releasing occupancy for those
units, an inspection shall be conducted by the
Planning Division to determine that all slope
Planting is in satisfactory condition.
(17) All off-site landscaping, grading and other
improvements shall be completed prior to the
occupancy of any units, with the exception of
the Biological Resources Management Plan which
has a five year compliance period.
(18) Emergency access shall be provided, maintained
free and clear, a minimum of 26 feet wide, at
all times during construction and in accordance
with the Fire Department requirements.
(19) Prior to the issuance of any building permits
for combustible construction, evidence shall be
submitted to the Fire Department that temporary
water supply for fire protection is available,
pending completion of the required fire pro-
tection system.
13
(20) Discharge of sewage from this project site into
the public sewer system shall not violate the
requirements of the California RegionlWater
Quality Control Board (CRWQCB,) pursuant
to
Division 7, Section 13000 of the Water Code. A
letter of compliance from the CRWQCB shall be
submitted to the City prior to the issuance of
construction permits.
;< (21) Based on soils and hydrology studies, the
applicant shall provide a plan for review and
approval by the City Engineer and the co
permittees related thereto, pursuant to the
NPDES requirements.
(22) The urban pollutant basins shall be maintained
by the applicant or it's successor in con-
formance with all applicable standards. The
applicant shall convey to the City the non-
exclusive right to maintain, at its sole
election, such urban pollution basins in the
event the party responsible fails to maintain
the basins.
(23) VTTM No. 52267 shall comply with all
requirements of the Zoning Ordinance and of the
underlying zoning unless set forth
inthis
permit or shown on the app plans.
(24) Applicant shall obtain approval from the County
Sanitation District on the location of
structures affecting the County Sanitation
easements and submit written evidence to the
City prior to the grading permit's issuance.
(25) Any lighting fixtures adjacent to interior
property lines shall be approved by the Deputy
City Manager as to type, orientation and
height.
(26) Blasting and/or dynamiting shall not be
permitted.
(27) In exchange for the removal of map and deed
restrictions, the applicant shall fullfill the
following requirements:
(a) Dedicate to the City as public open space:
all of Lot 9 of Tract No. 31479,
approximately 86 acres; portions of Lots
4, 5, and 7 of Tract No. 31479,
approximately 274.3 acres excluding
manufactured slope; and
(b) Contribute $ to the City's
Parks and Acquisition Fund.
14
(28) The applicant shall comply with the followin�
standards and provisions of the Biological
Resources Management Plan specified in the EIS -
No. 97-2:
(a) Oak trees removed which are less than 36
inches in diameter shall be replaced at a
2:1 ratio;
(b) Oak trees removed which are between 36 and
48 inches in diameter shall be replaced at
a 3:1 ratio;
(c) Oak trees larger than 48 inches in
diameter shall be replaced at a 4:1 ratio;
and
(d) Coastal sage scrub shall be replaced at a
2:1 ratio (for each acre of coastal sage
scrub lost, two acres shall be replaced)
C. Fire De artment:
(1) A fuel modification plan, landscape/irrigation
plan approved by a registered landscape
architect shall be submitted for review and
approval by the Los Angeles County Fire Depart-
ment prior to the issuance of any City permits.
(2) Access shall comply with Section 902 of the
Fire Code which requires all weather access.
All weather access may require paving.
(3) Fire Department access shall extend to within
150 feet distance of any exterior portion of
all structures.
(4) Where driveways extend further than 300 feet
and are of single access design, turnarounds
suitable for fire protection equipment use
shall be provided and shown on the final map.
Turnarounds shall be designed, constructed and
maintained to insure their integrity for Fire
Department use. Where topography dictates,
turnarounds shall be provided for driveways
which extend over 150 feet.
(5) Vehicular access shall be provided and
maintained serviceable throughout construction
to all required fire hydrants. All required
fire hydrants shall be installed, tested, and
accepted prior to construction.
(6) Applicant shall provide Fire Department or City
approved street signs and building access
numbers prior to occupancy.
15
(7) Required fire flow for public fire hydrants at
this location shall be 1250 gallons per minute
at 20 psi for a duration of seven hours, OVP-V
and above maximum daily domestic demand.
Hydrant(s) flowing simultaneously may be used
to achieve the required fire flow.
(8) Applicant shall provide information on the
location of all existing fire hydrants.
_. (9) All hydrants shall measure 6" x 4" x 2 1/2"
brass or bronze, conforming to current AWWA
standard C503 or approval equivalent. All
hydrants shall be installed a minimum of 25
feet from a structure or protected by two hour
fire wall.
(10) All required fire hydrants shall be installed,
tested and accepted prior to construction.
Vehicular access shall be provided and
maintained serviceable throughout construction.
(11) Applicant shall provide three additional maps
for fire hydrant placement and distribution.
d. public Works Division:
Gen eral•
(1) Discharge of sewage from this project site into
the public sewer system shall not violate the
requirements of the California Regional
Water
Quality Control Board (CRWQCB), p
to
Division 7, Section 1300 of the Water Code. A
letter of compliance from the CRWQCB shall be
submitted to the City prior to the issuance of
construction permits.
(2) Based on soils and hydrology studies, the
applicant shall provide a plan for review and
approval by the City Engineer and the co -
permittees related thereto, pursuant to the
NPDES requirements.
(3) Applicant shall maintain the urban pollutant
basins in conformance with all applicable
standards.
(4) Prior to the grading permit's issuance, the
applicant shall obtain approval from the County
Sanitation District on the location of
structures affecting the County Sanitation
easements and submit written evidence to the
City.
(5) Prior to any construction, the applicant shall
16
submit to the City all applicable construdti�n
Permit fees and construction permit
applications.
(6) Construction and/or grading equipment shall not
Utilize Highcrest Drive as access to the
project site.
Public Works/Enaineerina
(1) Prior to final map approval, the applicant
shall submit to the City written certification
that all utility services and any other service
related to the site shall be available to serve
the proposed project. Such letters shall be
issued by the district,
television company, utility and cable
Utility
ninety (90) days
prior to final map approval.
(2) All easements existing prior to final map
approval shall be identified and shown on final
map. If an easement is blanket or indeterminate
in nature, a statement to that effect shall be
shown on the final map in lieu of its location.
(3) Prior to final map approval and when final map
is submitted for plan check, a title report/
guarantee showing all fee owners, interest
holders, and nature of interest shall be
submitted. The account shall remain open until
the final map is filed with the County
Recorder. Ten working days prior to final map
approval, an updated title report/guarantee and
subdivision guarantee shall be submitted to the
City.
(4) New boundary monuments shall be set
accordance with the State Subdivision Ma in
and as required by the City Engineer. p Act
(5) Prior to final map approval, if any public or
private improvements required as part of this
map have not been completed by applicant and
accepted by the City, the applicant shall enter
into a subdivision agreement with the City and
shall post the appropriate security. All bond
amounts shall be provided by the applicant and
approved by the City Engineer.
(6) Prior to final map approval, all site grading,
landscaping, irrigation, street, sewer and storm
drain improvement plans shall be approved by the
City Engineer, L.A. County Fire Department, and
appropriate regulatory agencies (e.g. California
Department of Fish and Game, etc.).
17
(7) Applicant, at the applicant's sole cost and
expense, shall construct all required public and
private improvements. if any required
improvements have not been completed by the
the
applicant and accepted by the City prior
final map approval, the applicant shall enter
into a subdivision agreement with the City and
shall post the appropriate security, guaran-
teeing completion of the improvements, prior to
final map approval. A detailed engineering cost
t.. estimate shall be submitted to the City Engineer
for bonding purposes prior to the submittal of
EL.these securities guaranteeing completion of the
improvements.
(g) House numbering plans shall be submitted to and
approved by the City Engineer prior to issuance
of building permits.
(9) The detail drawings and construction notes
shown on the vesting tentative
map
roval ofare
this map
conceptual only and the appal of said notes.
shall not constitute app
(lo) Precise grading plans for each lot shall be
submitted to the Community and Development
Services Department/Planning and Public Works
Divisions for approval prior to issuance of
building permits. (This may be on an
incremental or composite basis.)
(11) 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 applicant shall dedicate to the
City the right to prohibit the erection of
buildings or other structures within such
restricted use areas shown on the final map.
(12) Prior to final map approval and the issuance of
grading permit(s), the applicant shall post
surety and execute an agreement guaranteeing
completion of all drainage facilities necessary
for dewatering all parcels to the satisfaction
of the City Engineer.
(13) 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.
(14) Prior to finalization of any development phase,
sufficient street, sewer, and drainage
improvements shall be completed beyond the
18
ti
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.
(15) Prior to final map approval, applicant shall
submit the detail cost estimates for bonding
purposes of all public improvements to the City
Engineer.
(16) Prior to any work being performed in public
right-of-way, applicant shall pay fees and
obtain a construction permit from the Public
Works Division in addition to any other permits
required.
(17) Prior to final map approval, applicant shall
pay its'fair share of other traffic
improvements required based upon amended
traffic study as approved by City Engineer.
(18) Applicant shall label and delineate on the
final map any private drives or fire lanes to
the satisfaction of the City Engineer.
(19) Any existing easement for open space,
utilities, riding and hiking trails shall be
relocated and/or grading performed, as
necessary, to provide, for the portion within
the subdivision, continued and practical access
for the intended use.
(20) Prior to recordation of the final map, VTTM No.
52267 shall be annexed 130 homes and all open
space to Landscape Maintenance District 38.
Those portions of VTTM No. 52267 currently
within Landscape Maintenance District 39 shall
be remove from said Landscape District and as
deemed appropriate, be incorporated into VTTM
No. 52267 Homeowners' Association and Landscape
Maintenance District 38.
(21) All boundary monuments not found at the time of
making the, survey for the final map shall be
set in accordance with the State Subdivision
Map Act and the City Subdivision Code, and
shall be subject to approval by the City
Engineer. Street centerline monuments shall be
subject to approval by the City Engineer.
Street centerline monuments shall be set to
mark the intersections of streets, inter-
sections of streets with the tract boundary and
to mark either the beginning and end of curves
or the points of intersection of tangents
thereof, or other intermediate points to the
19
satisfaction of the City Engineer. Centerline
monument ties shall be submitted to the City
Engineer for approval in accordance with City
standards.
(22) Easements, satisfactory to the City Engineer
and the utility companies,
osesoshall lbe offered
and public services puic Utility
rp
<s and shown on the final map for dedication to
the City.
`3) After the final map records, applicant shall
c' submit to the Engineering Division, at no cost
to the City, a full size reproducible copy of
the recorded map. Final approval of the public
improvements shall not be given until the copy
of the recorded map is received by the
Engineering Division.
(24) As built mylars, stamped by appropriate
individuals certifying the plan, shall be
provided at no cost to the City for all
improvements.
(25) All improvements for proposed VTTM No. 52267
shall be coordinated with any existing or
proposed maps.
(26) Applicant shall contribute funds to a separate
engineering trust deposit against which charges
can be made by the City or its representatives
for services rendered. Charges shall be on an
hourly basis and shall include any City admin-
istrative costs.
(27) Applicant shall provide digitized information
in an Auto Cadd format defined by the City for
all related plans, at no cost to the City.
(28) All activities/improvements proposed for this
map shall be wholly contained within the
boundaries of the map. Should any off-site
activities/improvements be required, approval
shall be obtained from the affected property
owner as required by the City Engineer.
(29) All improvement plans (i.e., grading, erosion
control, storm drain, sewer, street, etc.)
shall comply and follow NPDES guidelines for
construction and include appropriate Best
Management Practices (BMP's).
(30) Prior to the initiation of grading operations,
the applicant shall obtain all applicable
construction, stormwater and NPDES permits as
may be required by the City, Los Angeles County
20
and the California Regional Water Quality
Control Board for the discharge of urban
Pollutants. All improvement plans and
construction shall comply with the Cityls NP
requirements. DES
Grading
(1) Grading of the subject property shall be in
accordance with the Uniform Building Code, City
Grading Ordinance 7 (1992), Hillside Management
Ordinance and acceptable grading practices.
Prior to the issuance of a grading permit, the
precise grading plan shall be in substantial
conformance with the grading plan approved as a
material part of VTTM No. 52267.
(2) The maximum grade of driveways serving building
pad areas shall be 15%.
(3) At the time of submittal of the 40 -scale
grading plan for plan check, a detailed soils
and geology report shall be submitted to the
City Engineer for approval. Said report shall
be prepared by a qualified engineer and/or
geologist licensed by the State of California.
Prior to the issuance of a grading permit, the
report shall address, but not be limited to the
following:
(a) Stability analyses of daylight shear keys
with a 1:1 projection from daylight to
slide plane; a projection plane shall have
a safety factor of 1.5;
(b) All soils and geotechnical constraints
(i.e., landslides, shear key locations,
etc.) shall be delineated in detail with
respect to proposed building envelopes;
(c) "Restricted use"
setbacks shall be
delineated prior
final map;
areas and structural
considered and
to recordation of the
(d) Soil remediation measures shall be
designed for a "worst case" geologic
interpretation subject to verification in
the field during grading;
(e) The extent of any remedial grading into
natural areas shall be clearly defined on
the grading plans;
21
(f) Areas of potential for debris flow shalt
be defined and proper remedial measures
implemented as approved by the City
Engineer;
(g) Gross stability of all fill slopes shall
be analyzed as part of geotechnical
report, including remedial fill that
replaces natural slope;
(h) Stability of all proposed slopes shall be
confirmed by analysis as approved by the
City Engineer;
(i) All geologic data including landslides and
exploratory excavations must be shown on a
consolidated geotechnical map using the
4o -scale final grading plan as a base; and
(j) All geotechnical and soils related
findings and recommendations shall be
reviewed and approved by the City Engineer
prior to issuance of any grading permits
and recordation of the final map.
(4) Grading plans shall be signed and stamped by a
California registered Civil Engineer,
registered Geotechnical Engineer and registered
Engineering Geologist.
(5) Final grading plans shall be prepared in a 24"
x 36" format and designed in compliance with
the recommendations of the final detailed soils
and engineering geology reports. All remedial
earthwork specified in the final report shall
be incorporated into the plans.
(6) Final grading plans shall be submitted to and
approved by the City Engineer.
(7) An erosion control plan shall be approved by
the City Engineer. Erosion control plans shall
be made in accordance to the City's NPDES
requirements.
(8) All slope banks in excess of five (5) feet in
vertical height shall be seeded with native
grasses or planted with ground cover, shrubs,
and trees for erosion control upon completion
of grading or some other alternative method of
erosion control shall be completed in con-
formance with the Biological Resources
Management Plan and to the satisfaction of the
City Engineer and a permanent irrigation system
shall be installed.
22
(9) No grading or any staging or any construction
shall be performed prior to final map approval
by the City Council. All pertinent improvement
plans shall be approved by the City Engineer
prior to final map approval by the City
Council.
Dra— i— nage
(1) Applicant shall post surety 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 permits.
(2) 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.
(3) All drainage improvements necessary for
dewatering and protecting the subdivided
properties shall be installed prior to issuance
of building permits for construction upon any
parcel that may be subject to drainage flows
entering, leaving, or within a parcel relative
to which a building permit is requested.
(4) 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 (if
applicable) from the U.S. Army Corps of
Engineers and an agreement with the California
Department of Fish and Game (if applicable)
shall be obtained and submitted to the City
Engineer.
(5) The applicant shall provide drainage facilities
to remove any 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 shall be
constructed within the street right-of-way or
in easements satisfactory to the City Engineer
and the Los Angeles County Flood Control
Districts.
(6) A permit from the County Flood Control District
shall be required for work within its
right-of-way or connection to its facilities.
A permit from CALTRANS shall be required for
work within its right-of-way.
(7) Vehicular access shall be provided to all
Urban Pollutant Basins" with a minimum width
23
of 15 feet, with 12 feet of pavement and with a
maximum slope no greater than 15% unless
otherwise approved the City Engineer.
(8) Prior to recording of final map, applicant
shall construct or post bonds for drainage
improvements and offer easements needed for
street and slope drainage as required by the
City Engineer.
(9) A final drainage study and final drainage/storm
drain plan in a 24" x 36" sheet format shall be
submitted to and approved by the City Engineer
prior to final map approval. All drainage
facilities shall be designed and constructed as
required by the City Engineer and in accordance
with County of Los Angeles standards. Private
(and future) easements for storm drain purposes
shall be offered and shown on the final map for
dedication to the City. The private storm
drain facilities shall be maintained by the
homeowners association and this shall be
assured through the CC&Rs.
(lo) Prior to the issuance of a grading permit, a
complete hydrology and hydraulic study shall be
prepared by a registered Civil Engineer to the
satisfaction of the City Engineer.
Streets
(1) Street improvement plans in a 2411x 36" sheet
format, prepared by a registered Civil
Engineer, shall be submitted to and approved by
the City Engineer. The design and construction
of street improvements for the full width shall
be required as shown on the tentative map.
(2) Prior to the final map approval, the applicant
shall submit street names for City review and
approval. Street names shall not duplicate
existing streets within the City of Diamond
Bar's postal services zip code areas.
(3) New street centerline monuments shall be set at
the intersections of two or more streets,
intersections of streets with tract boundaries
and to mark the beginning and ending of curves
or the points of intersection of tangents
thereof. Survey notes showing the ties between
all monuments set and four (4) durable
reference points for each shall be submitted to
the City Engineer for approval in accordance
with City Standards, prior to issuance of
Certificate of occupancy.
24
(4) Street improvement plans in a 24" x 36" 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 guarantee-
ing completion of the public and/or private
street improvements, prior to final map
approval.
(5) No street shall exceed a maximum slope of 12%
except that portion of Tin Drive which has a
maximum slope of 14 percent for approximately
400 feet.
(6) Prior to recording of final map, applicant
shall construct base and asphalt concrete
pavement for all streets in accordance with
soils report prepared by a California
registered Soils Engineer and approved by the
City Engineer or as otherwise directed by the
City Engineer.
(7) Applicant shall provide and install street name
signs to the satisfaction of the City Engineer
Prior to issuance of a Certificate of
Occupancy.
(8) Applicant shall construct curb and gutters per
City standards subject to approval by the City
Engineer.
(9) The connection to Highcrest Drive from VTTM No.
52267 shall be restricted to emergency vehicle
access only.
Utilities
(1) All utility lines shall be underground in
frontage of the VTTM No. 52267.
(2) Applicant shall construct street lights along
all streets, as required, per City standards
and as approved by the City Engineer. The
street lights shall be annexed into the appro-
priate street lighting districts, or shall be
operated and maintained by a homeowners
association.
(3) Prior to the approval and recordation of the
final map, the applicant shall submit written
certification to the City from the Walnut
Valley Water District (WVWD) that adequate
water supply and facilities are available to
serve the project; from the Los Angeles County
Sanitation District (LACSD) that adequate
sewage conveyance and treatment capacity are
25
available to serve the project; and from ON,
public utility and cable television purveyor,,'
that adequate supplies and facilities are or. i!
will be available to serve the proposed
project. Such letters shall be issued by the
districts, utility companies and cable
television company within ninety (90) days
prior to final map approval.
(4) Prior to final map approval, a water system
with appurtenant facilities to serve all
-� lots/parcels in the land division designed to
the WVWD specifications shall be provided and
approved by the City Engineer. The system
shall include fire hydrants of the type and
location as determined by the Los Angeles
County Fire Department. The water mains shall
be sized to accommodate the total domestic and
fire flows to the satisfaction of the City
Engineer, WVWD and Fire Department.
(5) Prior to final map approval, the applicant
shall construct or enter into and improvement
agreement with the City guaranteeing con-
struction of the necessary improvements to the
existing water system according to WVWD
specifications to accommodate the total
domestic and fire flows as may be required by
the City Engineer, WVWD and Fire Department.
(6) Applicant shall 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.
(7) Applicant shall relocate and underground any
existing on-site utilities to the satisfaction
of the City Engineer and the respective utility
owner.
(s) Prior to submittal of the final map, written
certification from Walnut Valley Water
District, GTE, SCE, SCG and Century
Communications stating that adequate facilities
are or will be available to serve the proposed
project shall be submitted to the City.
(9) Underground utilities shall not be constructed
within the drip line of any mature tree or any
tree planted in the mitigation area except as
approved by a registered arborist.
26
(10) Based on a determination b ' '
the City reserves the right toerequirentheeer,
applicant to plan and incorporated into the
homeowners' association obligations to the
future installation of main and service lines
capable of delivery of reclaimed water to all
homeowners, association maintained common area t
landscaped portions of VTTM No. 52267, 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, to the satisfaction of the
City Engineer and designed to the specification
of the WVwD.
(11) Applicant shall post security
completion of all utility imrovements, pr
to the final map approval. Prior
Traffic
(1) Traffic improvement plans shall be
a registered Civil Engineer in a 24px36arepred sheet
format and submitted to and approved by the
City Engineer. Security shall be posted and an
agreement executed guaranteeing completion of
traffic improvements prior to final map
approval.
(2) Intersection line of sight designs shall be
submitted to the City for approval may be
required by the City Engineer.
(3) Traffic control signing and striping plans
shall be prepared for any construction
affecting traddic on Diamond Bar Boulevard in
accordance with City requirements and submitted
to and approved by the City Engineer prior to
approval of the final map.
(4) Prior to final map approval, the applicant
shall pay its fair share of traffic signal
improvements required (Tin Drive/Diamond Bar
Boulevard) pursuant to the approved EIR. Based
upon recommendations presented in the traffic
study, this fair share is 100 percent of the
costs for traffic signal installation.
Applicant shall also be responsible for other
traffic modification improvements such as
median, signing and striping for left and right
turn lane pockes. The applicant shall, at his
sole cost and expense, install full sidewalks
Of five feet minimum in width along the
property frontage on Diamond Bar Boulevard
27
between Goldrush Drive and Steep Canyon. A1'_
improvments shall comply with current American
Disabilities Act standards.
Sewers
(1) Sewer system improvement plans (24" x 36" sheet
format, 2 pages per sheet) prepared by a
California registered Civil Engineer shall be
submitted to and approved by the City Engineer,
Los Angeles County Public Works Department, and
Los Angeles County Sanitation District prior to
final map approval.
(2) Prior to final map approval, applicant shall
submit a sanitary sewer area study to the City
Engineer verifying that capacity is available
in the sewerage system to be used as the
outfall for the sewers in this land division.
if the system is found to be of insufficient
capacity, the problem shall be resolved to the
satisfaction of the City Engineer.
(3) 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
Division prior to approval of the final map.
(4) Applicant shall obtain connection permit(s)
from the City and County Sanitation District
prior to issuance of building permits. The
area within the tentative map boundaries shall
be annexed into the County Consolidated Sewer
Maintenance District and appropriate easements
for all sewer main and trunk lines shall be
shown on the final map and offered for
dedication on the final map.
(5) Applicant, at applicant's sole cost and
expense, shall construct the sewer system in
accordance with the City, Los Angeles County
Public Works Department and County Sanitation
District standards.
(6) Applicant shall obtain approval by County
Sanitation on the location of the structures
affecting County Sanitation easements and
submit written evidence to the City prior to
issuance of a grading permit.
28
(7) Security shall be posted guaranteeing
11 1
completion of the improvements and Mitigation,
Monitoring Plan, prior to final map approval.
(8) Applicant shall convey access and property
easement and rights-of-way to the Los Angeles
County Sanitation District, as deemed necessary
by the County and City Engineer for the
construction and maintenance of sewer lines and
associated facilities prior to final map
approval.
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, Diamond Hills
Partnership, 5109 E. La Palma Avenue
Anaheim, CA 92807 and SunCal Companies, 5 Ranch
9
Palma Avenue, Ste. D, Anaheim CA 928075109 E. La
.
APPROVED AND ADOPTED THIS 12TH DAY OF MAY, 1998, BY THE
PLANNING' COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Joe McManus, Chairman
I, James DeStefano, Planning Commission Secretary,
that the foregoing Resolution was duly introducedo hereby certify
by the Planning Commission of the City of Diamond Bar, at, aa
meeting of the Planning Commission held on the 12th day of May, 1998
by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
James DeStefano, Secretary
29
W
A
Diamond Bar Planning Commission
Public Hearing of April 28, 1998
Vesting Tentative Tract Map No. 52267
Responses to Comments
A continued public hearing from March 24, 1998 on Vesting Tentative Tract Map Number 52267
(VTTM No. 52267) was held on April 28, 1998. Approximately 100 members of the community
were present during the hearing; 16 individuals provided testimony to the Planning Commission.
Testimony addressed the following environmental issues (listed in order of number of commentors
speaking to the issue):
• dust emissions from grading;
• traffic impacts and congestion;
• loss of oak trees/coastal sage scrub habitat; and,
• effects of blasting.
Responses to each of these issues are provided below.
Dust Emissions from Grading
Overview: Commentors noted that the draft EIR states that development of the VTTM No. 52267
project would create fugitive dust emissions during grading after mitigation that would exceed the
South Coast Air Quality Management District (SCAQMD) threshold of 150 pounds per day.
Concern was expressed over the health effects of this level of dust generation over the buildout
period of the site.
Response: As noted on page 3.7-15 of the draft EIR, projected dust emissions (PM10) from
concurrent grading and development of a total of 160 acres (both VTTM Nos. 52267 and 52308)
would total 1,696 pounds per day. Development of the VTTM No. 52308 site is no longer
proposed. Therefore the 1,696 pounds per day of dust emissions would be reduced by
approximately 47 percent to approximately 900 pounds per day. While the threshold would still be
exceeded, there would be much less dust generated from development of the VTTM No. 52267
project than indicated in the draft EIR. As a point of clarification, some commentors noted that the
dust would be generated over a three-year period. While development of the entire project would
take approximately three years, the dust would be generated during site grading, which is expected
to be completed in approximately three to four months.
Traffic Impacts and Congestion
Qvervie%v: Commentors raised the concern that the addition of traffic from the 130 dwelling units
would further worsen traffic congestion on Diamond Bar Boulevard. Comments also focused on
Pass-through traffic into the Highcrest Drive neighborhood from the project connection to Highcrest
Drive_
Response: See responses prepared for comments raised at the September 23, 1997 and February
10, 1998 public hearings on the VTTM No. 52267 project. As noted in the responses to the
comments from the September hearing (included as part of the Planning Commission's agenda
packet for the February 10, 1998 meeting), comments regarding traffic and circulation from the
September hearing were directed to the City's EIR traffic consultant for clarification and response.
The results of this work were provided to the Planning Commission for the February 10, 1998
hearing.
In summary, the EIR traffic analysis used the City of Diamond Bar's criteria for determining
significance, as well as the Los Angeles County Congestion Management Plan (CMP) crite!ia. The
analysis indicated that the increase in traffic from the 130 -dwelling unit VTTM No. 52267 project
would not result in significant impacts and therefore not require mitigation. However, the Oroject
is required to provide a traffic signal on Diamond Bar Boulevard at Tin Drive and a left -turn lane
for southbound traffic entering the site. It should also be noted that the EIR for the City's General
Plan addressed the environmental impacts (including traffic) from developing the General Plan land
uses. As indicated in the draft EIR, the VTTM No. 52267 site is designated in the General Plan for
construction of up to 130 dwelling units. Therefore, the traffic impacts of the proposed project (as
well as other land uses described in the General Plan) were considered in the City Council's
approval of General Plan and the accompanying EIR.
At the April 28, 1998 hearing, City staff also noted that traffic studies conducted by the City have
shown that approximately 40 percent of the traffic through the Diamond Bar/Grand Avenue
intersection during peak periods is transient traffic moving through Diamond Bar, mostly to and
from the cities of Chino Hills and Chino. The percentage of transient traffic is likely to increase in
the future as these areas continue to build out. The VTTM No. 52267 project traffic will not affect
this condition.
With respect to pass through traffic, the revised traffic analysis considered using the connection
to Highcrest Drive as an emergency access only. This circulation configuration would eliminate any
pass through traffic through the Highcrest neighborhood and require all project traffic to enter and
exit the site from Diamond Bar Boulevard. The analysis concluded that this adjustment would not
worsen the traffic impacts previously described in the draft EIR and that the previously proposed
mitigation measure would still be applicable.
Loss of Oak Trees/Coastal Sage Scrub Habitat
Overview: Commentors noted that the loss of 410 oaks and 30 walnuts was a significant impact
that should be carefully considered.
Response: The draft EIR acknowledges the significance of the loss of trees and describes
mitigation measures requiring that all impacted oaks and walnuts be replaced at a minimum ratio
of two replacement trees for each tree lost (2:1) to development. Also, the draft EIR mitigation
measures require the preparation of a Biological Resources Management Plan (BRMP) and City
of Diamond Bar approval prior to issuance of a grading permit for the site (see pages 3.3-22 and
3.3-23 of the draft EIR). The BRMP will describe the specific areas where the replacement trees
are to be planted, the sizes of trees to be planted, and the understory species necessary to replace
the habitat value of the oak and walnut trees lost to development.
At the April 28, 1998 hearing, the Planning Commission directed that the 2:1 mitigation ratio for
replacement oak trees be revised for larger trees as follows:
— oaks with trunk diameters less than 36 inches, ratio of 2:1;
— oaks with trunk diameters between 36 inches and 48 inches, ratio of 3:1; and,
— oaks with trunk diameters greater than 48 inches, ratio of 4:1.
These adjustments have been incorporated into the Mitigation Monitoring Program and the BRMP
requirements for the proposed VTTM No. 52267 project. Use of transplanted trees, where feasible.
as part of the replacement tree ratios is also included in the Mitigation Monitoring Program
adjustments.
At the April 28, 1998 hearing, the Planning Commission also directed that the 1:1 mitigation ratio
for loss of coastal sage scrub habitat be revised to be 2:1(two acres of equivalent habitat for each
one acre of lost habitat). All other elements of the mitigations recommended in the draft EIR for
2
loss of coastal sage habitat were acceptable to the Planning Commission. This adjustment has
been incorporated into the Mitigation Monitoring Program and the BRMP requirements for the
proposed VTTM No. 52267 project.
Effects of Blasting
Over%,iew: Commentors requested that assurances be provided by the City to ensure that blasting
will not be allowed in any development activities associated with the \/TTM No. 52267 project.
Response: The conditions of approval for the proposed project prohibit any blasting during
development of the \/TTM No. 52267 project. These conditions of approval will be monitored by
City staff during project implementation to ensure compliance.
R kPrOIeas\DBarU002PCR2C42898
3
FINDINGS OF FACT
and
STATEMENT OF OVERRIDING CONSIDt'f2ATIONS
for CITY OF DIAMOND BAR
VESTING TENTATIVE TRACT MAP NO. 52267
A. INTRODUCTION
The California Environmental Quality Act (CEQA) Guidelines Section 15091 provides that:
(a) No public agency shall approve or carry out a project for which an environmental
impact report has been certified which identifies one or more significant environmental
effects of the project unless the public agency makes one or more written findings for
each of those significant effects, accompanied by a brief explanation of the rationale
for each finding. The possible findings are:
(1) Changes or alterations have been required in, or incorporated into, the project
which avoid or substantially lessen the significant environmental effect as
identified in the final EIR.
(2) Such changes or alterations are within the responsibility and jurisdiction of
another public agency and not the agency making the finding. Such changes
have been adopted by such other agency or can and should be adopted by such
other agency.
(3) Speck economic, legal, social, technological, or other considerations, including
provision of employment opportunities for highly trained workers, make
infeasible the mitigation measures or project alternatives identified in the final
EIR.
CEQA further requires that, where the decision of the public agency allows the occurrence of
significant effects which are identified in the final EIR, but are not at least substantially mitigated,
the agency shall state in writing the specific reasons to support its action based on the final EIR
and/or other information in the record (Sec. 15093 of the CEQA Guidelines).
The City of Diamond Bar has prepared a final EIR for the project in accordance with CEQA and
CEQA Guidelines requirements. The final EIR is subject to review by the City of Diamond Bar
Planning Commission and City Council, and the City Council has adopted a resolution certifying
that:
the final EIR has been prepared in compliance with CEQA; and,
the final EIR was presented to the City Council, and the Council reviewed and
considered the information contained in the final EIR prior to taking action of the
project.
Because the final Environmental Impact Report (EIR) for Vesting Tentative Tract Map No. 52267
(VTTM No. 52267) identified significant environmental effects that may occur as a result of the
project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Diamond
Bar hereby adopts these findings and following evidence as part of the approval of the project and
1 „ it
wr ,� y /fe
related applications. Section B, "Mitigated Significant Impacts," details the potential environmental
effects which will no longer be significant because of the mitigation that will be incorporated into
the project, or due to project features which have been incorporated into the design of the project
in accordance with the finding required under Section 21081(a)(1). Section C, "Impacts That
Cannot be Mitigated to a Level Considered Less than Significant," identifies the significant
environmental effects of the VTTM No. 52267 project which cannot feasibly be mitigated to a level
considered less than significant. Section D summarizes the alternatives discussed in the final EIR
and provides findings required under CEQA 21081(a)(3) with respect to the feasibility of the
alternatives which might avoid the project's significant environmental impacts, cannot be feasibly
implemented due to specific economic, legal, social, technological, or other considerations. Finally,
Section E sets forth the statement of overriding considerations adopted by the City pursuant to
Section 21081(b) of CEQA with respect to those significant effects on the environment which
cannot be feasibly mitigated or avoided.
This Statement of Findings of Fact and Overriding Considerations is based upon substantial
evidence in the administrative record for the project which is hereby incorporated by reference. It
is not intended to be inclusive of all facts contained within the administrative record which support
the findings set forth herein, but rather identifies the key principal facts in the administrative record
which provide substantial evidence supporting these findings. Additional facts in support of the
City's findings may be found in the final EIR, the staff reports prepared for both the Planning
Commission and the City Council, the transcripts of the various public hearings on the project, and
the administrative record as a whole.
The following Findings and Statement of Overriding Considerations are made relative to the final
EIR for the VTTM No. 52267 project. The mitigation measures described herein are consistent with
those included in the Mitigation Monitoring Program.
B. MITIGATED SIGNIFICANT IMPACTS
The City, of Diamond Bar, having reviewed and considered the information contained in the final
EIR, the appendices to the final EIR, and the administrative record, finds, pursuant to CEQA and
the CEQA Guidelines, that changes or alterations have been required in, or incorporated into, the
VTTM No. 52267 project which mitigate, avoid, or substantially lessen potentially significant
environmental effects as identified in the final EIR in the following categories: (1) earth resources,
(2) water resources, (3) biological resources, (4) aesthetics, with respect to light and glare, (5)
transportation and circulation, and (6) cultural resources, with respect to archaeological and
paleontollogical resources.
EARTH RESOURCES
Development of 130 dwelling units on the site requires grading of approximately 1,800,000 cubic
yards of cut and fill (balanced onsite). Two large engineered fills comprise the majority of the
earthwork. One fill area is located along the southern edge of the development area below lots 112
through 130; the other is located along the northern portion of the development area below lots 9
through 20. Smaller fills are located throughout the development area. The maximum depth of cut
is approximately 80 feet and the maximum fill depth is approximately 180 feet. The grading plan
takes into account provisions to ensure slope stability, erosion control, and seismic safety.
Engineering features such as shear keys and buttress fills are a part of the grading design.
Engineered slopes on the site would not exceed 2:1 (horizontal: vertical) and are required to meet
City requirements for stability.
Findings
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
final EIR.
Facts in Support of Finding
Significant effects have been substantially lessened to a level that is less than significant through
required compliance with engineering provisions for slope stability, erosion, and seismic safety.
The project's conformance with Uniform Building Code requirements, and incorporation of the
following mitigation measures is required.
Mit' ation Measures
For all tract/parcel maps requiring the placement of fill in canyon areas, the
geotechnical engineer shall ensure that partial to complete removal and recompaction
of the alluvial deposits to geotechnically competent materials is performed. Additional
compressible materials that will require removal include topsoil, colluvium, debris flows,
landslide debris, and uncontrolled fills. The grading plan shall be approved by the City
Engineer.
2. Prior to the issuance of grading permits, areas that could result in debris flows shall be
avoided, treated where they originated, or directed away from areas of proposed
development. Engineered solutions could include debris basins and deflection walls
for directing debris flows into natural or man-made channels. Final recommendations
shall be provided by the geotechnical engineer for each potential debris flow location.
3. Prior to the issuance of grading permits, the applicant shall submit to the City Engineer
for review and approval a report that demonstrates that cut and fill slopes have been
designed in accordance with recommendations of a certified geotechnical engineer.
4. Prior to grading, all slopes shall be analyzed by a geotechnical engineer and
engineering geologist as part of grading plan review, with stabilization alternatives
presented.
5. Prior to the issuance of grading permits, cut slopes shall be designed to include
buttress widths based upon recommendations of a certified geotechnical engineer.
6. During project design and construction, an erosion control plan shall be developed as
part of the grading plan. The erosion plan is typically prepared by a civil engineer for
the purpose of controlling surface runoff during grading of the site.
7. During all grading activities within development areas, soils that may be susceptible to
ground lurching shall be removed and recompacted based on investigation by a
geologist and approved by the City engineer.
8. A geotechnical engineer shall evaluate areas of alluvial soils within the development
areas that will not be removed during grading for potential liquefaction and provide
appropriate mitigation measures as necessary.
9. Concurrent with the submittal of the master tentative tract map, the project developer
shall submit a detailed geologic and soils engineering report meeting the requirements
of the City of Diamond Bar Subdivision Ordinance.
WATER RESOURCES
Drainage from the development areas will be conveyed by onsite storm drain systems to existing
natural drainage courses which would then drain to existing culverts in Diamond Bar Boulevard.
The quality of stormwater runoff from developed areas is expected to be of lesser quality
existing runoff from the natural site. than the
During construction, short-term water quality impacts may occur from erosion and siltation from
soils exposed by grading activities.
Findings
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
final EIR.
Facts in Support of Finding
The significant effects have been eliminated or substantially lessened to a level that is less than
significant by the following project design features and mitigation measures as identified in the final
EIR and incorporated into the project. In addition, full compliance with applicable local, state, and
federal water quality standards by the applicant is required.
Project Design Features
Stormwater runoff from developed areas would be conveyed to an "urban depollutant basin"
located downstream and south of the development area of the VTTM No. 52267 site. The basin
would trap urban runoff pollutants prior to discharge in the Los Angeles County storm drain facility
south of the development area.
Mit_gation Measures
Energy dissipators shall be installed at all offsite discharge locations to eliminate
erosion in natural offsite drainage courses.
2. "Urban depollutant basins" shall be included to reduce contaminants in runoff from
developed areas of the site prior to discharge into natural areas. Such facilities shall
be indicated on all improvement plans submitted to the City of Diamond Bar for
approval.
3. All cut and fill slopes shall be landscaped as soon as practicable after completion of
grading to reduce potential erosion and increased runoff from these areas.
4. Prior to the initiation of grading, the applicant shall obtain a National Pollutant
Discharge Elimination System (NPDES) permit from the California Regional Water
Quality Control Board, Los Angeles Region. A copy of the NPDES permit and
accompanying Stormwater Pollution Prevention Plan and related engineering plans for
4
control of runoff during construction shall be submitted to the City of Diamond Bar prior
to issuance of the grading permit.
5. Prior to issuance of a grading permit, the applicant shall submit to the City of Diamond
Bar an erosion control program for approval that indicates that proper control of
siltation, sedimentation, and other pollutants will be implemented. The use of filter
fences, filter dikes, and other construction Best Management Practices (BMPs) near
stormwater system outlets shall be included in the program.
BIOLOGICAL RESOURCES
Direct Impacts
Approximately 65.7 acres of the 339.3 -acre site will be impacted by grading and construction
activities. Within the 65.7 -acre development area, the following plant communities will be removed:
Venturan-Diegan transitional coastal sage scrub (18.7 acres), Scrub Oak Chaparral (8.5 acres),
annual rassland (27.7 acres), coast live oak woodland (9.6 acres), Mexican Elderberry Woodland
(1.1 acres), and disturbed/developed areas (0.1 acre). Of these plant communities, the loss of
Venturan-Diegan transitional coastal sage scrub and coast live oak woodland are significant_
Approximately 410 coast live oak trees and 30 walnut trees will be removed to allow for
development of the site. The loss of the other plant communities are not significant. No plants
listed as sensitive are known to occur within the development area.
Implementation of the development will result in the loss of approximately 65.7 acres of native and
nonnative habitats that provide valuable nesting, foraging, and denning opportunities for a wide
variety of wildlife species. There are no known threatened or endangered animal species on the
site, including the coastal California gnatcatcher. Impacts to sensitive bird species
occurring/potentially occurring on the site are not significant due to their low sensitivity status,
limited amount of affected habitat, and amount of preserved habitat within the site. The loss of any
active raptor nest in the development area would be considered a significant impact.
Findings
(11) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the
final EIR.
Facts in Support of Finding
The significant effects have been eliminated or substantially lessened to a level that is less than
significant by implementation of the following mitigation measures as identified in the final EIR and
incorporated into the project.
Project Design Features
Avoidance of 273.6 acres of a variety of plant communities has been incorporated into the project
design for VTTM No. 52267 to minimize impacts to sensitive resources. This includes the
preservation of 38.7 acres of coast live oak woodland and 40.1 acres of walnut woodland in the
open space area of VTTM No. 52267.
61
Mitigation Measures
Biological Resource Management Plan (BRMP)
Prior to issuance of a grading permit, a Biological Resource Management Plan (BRMP)
will be submitted to the City of Diamond Bar for approval. This BRMP will specify
design and implementation of biotic mitigation measures, including habitat replacement
and revegetation (in temporary impact areas), protective measures during construction,
performance (growth) standards for replacement habitat, maintenance criteria, and
monitoring requirements. The Draft BRMP will also be reviewed by the United States
Fish and Wildlife Service (USFWS), California Department of Fish and Game (CDFG),
and the United States Army Corps of Engineers (USACE) as applicable to their
jurisdictions.
The primary goal of the BRMP will be to ensure the long-term perpetuation of the
existing diversity of habitats in the preserved areas and adjacent development
transitional areas. The BRMP shall contain at a minimum the following:
a. Identification of habitats (including individual oak and walnut woodlands) to be
removed, and the locations where these habitats are proposed to be restored or
relocated.
b. Procedures for vegetation analyses of adjacent protected habitats to approximate
their relative composition, and site preparation activities (clearing, grading, weed
eradication, soil amendment, topsoil storage), irrigation, planting (container
plantings, seeding), and maintenance (weed control, irrigation system checks,
replanting). This information will be used to determine the mitigation requirements
in the revegetation areas.
c. Sources of plant materials for mitigation areas and methods of propagation.
d. Specifications for maintenance and monitoring of re-established habitats, including
weed control measures, frequency of field checks, and monitoring reports for
temporary disturbance areas.
e. Specifications and performance standards for growth of re-established plant
communities.
f. Remedial measures to be implemented if performance standards are not met.
g. Methods and requirements for monitoring of the restoration/replacement areas.
Measures for topsoil preservation and erosion control.
Location of protective fencing around environmentally sensitive areas and
construction staging areas.
j. Specification of the purpose, type, frequency and extent of chemical use for insect
and disease control operations as part of vegetative maintenance within sensitive
habitat areas.
D
k_ Specific measures for the protection of sensitive habitats to be preserved. These
measures will include, but are not limited to, erosion and siltation control measures,
protective fencing guidelines, dust control measures, grading techniques,
construction area limits, and biological monitoring requirements.
2. The City of Diamond Bar will designate a project biologist responsible for overseeing
biological monitoring, regulatory issues and compliance, and restoration activities
during construction and after project completion.
3. In conjunction with development of final plans and specifications for construction, or
other activities involving significant soil disturbance, the project biologist shall map all
sensitive habitats within 100 feet of the grading limits and/or fuel modification
boundaries on the grading plans. Sensitive habitats include but are not limited to. -
scrub, woodland, and riparian habitats. Within the sensitive habitats, the following
limitations shall be observed: (1) no construction access, parking, or storage of
equipment or materials will be permitted within such marked areas; (2) to the maximum
extent practicable, construction access points shall be limited where they are adjacent
to protected habitat; (3) waste dirt or rubble will not be deposited on protected habitat;
and (4) vehicle transportation routes will be confined to the narrowest practicable width
in areas adjacent to marked, protected habitat during construction activities.
4. Prior to commencement of grading activities or other activities involving significant soil
disturbances, the project biologist shall attend preconstruction meetings with the
applicant's construction managers, to confirm grading and construction procedures as
they relate to the protection of preserved habitat areas.
5. During grading activities or construction operations, the project biologist shall conduct
monitoring of adjacent sensitive habitats to document adherence to habitat protection
and avoidance measures addressed herein and as listed in applicable California
Department of Fish and Game and U.S. Army Corps of Engineers permits.
6. During grading activities and construction operations, the project biologist shall submit
a monthly letter report to the City of Diamond Bar summarizing site visits, documenting
adherence or violations of required habitat protection measures, and listing any
necessary remedial measures.
7. During construction operations, the project biologist shall monitor the installation and/or
removal of creek crossing fill, access road fill, and protective devices (silt fencing,
sandbags, fencing, etc.) to facilitate the restoration of pre-existing ground elevations
and to ensure that protected natural resources are not damaged.
8. During all construction activities, the applicant shall ensure that construction equipment
or vehicles are not stored within drainage areas and that there shall be no fueling,
lubrication, or maintenance of construction equipment within 150 feet of applicable
California Department of Fish and Game and U.S. Army Corps of Engineers
jurisdictional areas.
9. During all construction activities, the applicant shall ensure that no waste material is
discharged to any drainage areas, channels, or streams. Spoil sites shall not be
located within any streams, or in areas where spoils could be washed into any surface
water body.
7
10. Prior to initiation of construction, the applicant shall locate silt settling basins away from
streams to prevent discolored, silt -bearing water from reaching the stream.
11. If silt catchment basins are used during project construction, the basins shall be placed
across the stream immediately downstream of the project site prior to initiation of
project grading. Catchment basins shall be constructed of materials which are free
from mud and silt. Upon completion of the project, all basin materials along with the
trapped sediments shall be removed from the stream, in such a manner that said
removal shall not introduce sediment to the stream. Prior to catchment basin removal,
basins will be surveyed for the presence of sensitive wildlife. Any sensitive wildlife
present will be relocated prior to removal of basin.
12. If the project biologist determines that turbidity/siltation levels from project -related
activities constitute a threat to downstream biological resources, activities associated
with the turbidity/siltation shall be halted until effective control devices are installed, or
abatement procedures are initiated. An erosion control plan shall be approved by the
City of Diamond Bar and the California Regional Water Quality Control Board prior to
initiation of grading to insure protection of downstream water quality and prevent
extensive siltation. This plan shall stabilize sediment and reduce erosion hazard,
decreasing impacts to downstream aquatic resources.
13. Prior to initiation of any construction activity, the project biologist shall survey the
construction limits for the presence of occupied raptor nests and nest burrows (for
burrowing owls). Occupied raptor nests/burrows shall be mapped on the construction
plans by the project biologist. The project biologist will visit the nest/burrow site at the
beginning of the nesting season to verify the use of the nests/burrows for that particular
year.
If nesting activity begins at any nest site, then the active nest/burrow(s) shall be
protected until nesting activity has ended to ensure compliance with Section 3503.5 of
the California Fish and Game Code. To protect any active nest/burrow sites, the
following restrictions on construction are required between February 1 and June 30 (or
until nests are no longer active as determined by the project biologist): (1) clearing
limits will be established a minimum of 300 feet in any direction from raptor
nests/burrows; and (2) access and surveying will be allowed within 200 feet of
nests/burrows.
Restoration Measures
Approximately 18.7 acres of coastal sage scrub habitat would be impacted by the development of
the VTTMI No. 52267 site. Because this habitat supports a number of sensitive wildlife species,
it is suggested that any fill slopes that do not need to be managed for fuel modification be reseeded
with coastal sage scrub plant species using the following guidance:
14. The goal of the coastal sage scrub (CSS) mitigation program is to develop two acres
of replacement coastal sage scrub habitat for each acre (2:1 ratio) lost to development.
Replacement at the 2:1 ratio will be achieved through implementation of the following
approaches on suitable undeveloped portions of the VTTM No. 52267 site or on
suitable portions of Lot 9 of Tract 31479: restoration of degraded CSS habitat;
development of new CSS habitat in or adjacent to areas of highly disturbed native
vegetation; or a combination of these approaches. Side slope revegetation of
M
manufactured slope areas may constitute a portion of the CSS mitigation, as long as
suitable conditions are present. The locations of the CSS mitigation sites will be
determined in the Biological Resources Management Plan (BRMP) developed for the
VTTM No. 52267 project.
The following revegetation program will apply to all areas impacted but not replanted
with coast live oak and/or walnut woodland species or required for fuel modification:
Revegetation shall be implemented in stages. The initial stage will begin during site
grubbing and will consist of crushing/mulching scrub, within areas to be graded, with
a dozer. The crushed/mulched material along with the top 4 to 6 inches of topsoil will
then be removed in one operation with a loader or dozer and stockpiled nearby as
directed by the project biologist. Soil stockpiles should be stored at depths no greater
than 7 feet until revegetation sites are prepared and should be maintained free of
contamination (storage depths may require adjustment based upon length of storage).
Stockpiles should be stored no longer than six months. Once a restoration site is
prepared (roughened by sheep's foot or similar equipment) the stockpiled soil will be
spread to a depth of approximately 1 foot. Appropriate scrub container stock will be
incorporated into the revegetation areas as outlined in the detailed
mitigation/restoration plan to be developed by the project biologist. In addition,
container stock consisting of native bunchgrasses will be incorporated into the planting.
The redistributed material, along with the container stock, will be watered by a
temporary irrigation system until established, as determined by the project biologist.
Crushed plant material and soil to be stockpiled will be obtained from various locations
onsite. Areas to be revegetated will be determined by the project biologist based upon
such factors as the configuration of the cut and/or fill slopes and proximity to areas of
intact scrub communities.
The timing of the stockpiling of plant material and topsoil will be dictated by the
grading/construction schedule. Reintroduction of stockpiled material to revegetation
sites will be conducted between September 1 and November 30. Container stock will
be planted during the same time period.
The following performance standards shall apply for the revegetation of coastal sage
scrub communities:
• First Year: Coverage/30 percent coverage by redistributed vegetative materials,
seeded species, and container stock (whichever of the three or combination is
used). Survival Rate/90 percent survival of any container stock originally planted.
If 90 percent survival has not been achieved, replanting with appropriate size
container stock necessary to achieve this standard will be performed.
• Second Year: Coverage/45 percent coverage by redistributed vegetative materials,
seeded species, and container stock (whichever of the three or combination is
used). Survival Rate/50 percent survival of any container stock originally planted.
If 50 percent survival has not been achieved, replanting with appropriate size
container stock necessary to achieve this standard will be performed.
• Third Year: Coverage/60 percent coverage by redistributed vegetative materials,
seeded species, and container stock (whichever of the three or combination is
used). Survival Rate/50 percent survival of any container stock originally planted.
If 50 percent survival has not been achieved, replanting with appropriate size
container stock necessary to achieve this standard will be performed.
• Fourth Year: Coverage/75 percent coverage by redistributed vegetative materials,
seeded species, and container stock (whichever of the three or combination is
used). Survival Rate/50 percent survival of any container stock originally planted.
If 50 percent survival has not been achieved, replanting with appropriate size
container stock necessary to achieve this standard will be performed.
• Fifth Year: Coverage/90 percent coverage by redistributed vegetative materials,
seeded species, and container stock (whichever of the three or combination is
used). Survival Rate/50 percent survival of any container stock originally planted.
If 50 percent survival has not been achieved, replanting with appropriate size
container stock necessary to achieve this standard will be performed.
Coastal sage scrub revegetation will be considered successful at five years if the
percent cover and species diversity of the restored and/or created habitat areas are
similar to percent cover and species diversity of adjacent existing habitats, as
determined by quantitative testing of existing and restored and/or created habitat areas
by the project biologist.
Monitoring of the revegetation areas shall be conducted for a minimum of 5 years to
ensure successful colonization of the restored areas by scrub species. If success
introduction of additional container stock will be implementedstandards are not met, remedial measures, including hand seeding, hydroseeding, or
biologist. as directed by the project
15. In conjunction with final design, the project biologist will work closely with the project
landscape architect to develop native plant palettes for revegetation areas adjacent to
development areas that abut natural open space. Final landscape design plans shall
be acceptable to the County Fire Marshal and shall reflect the following:
• The landscaping along the open space areas (non -urban) will be a mix of native,
non-invasive, drought tolerant plant species from the scrub community. The scrub
community species selected will be the same as those that are appropriate for
support of the coastal orange -throated whiptail and cactus wren.
• Seeds, cuttings, and potted plants will be collected from local plant material where
feasible, supplemented by material from native plant nurseries.
• Species native to California but not found in the project area shall not be used,
unless the species selected is considered to be appropriate for use by the project
biologist. Invasive, weedy, or non-native species will not be used in landscaping
along open space areas. Examples of invasive plants include, but are not limited
to, pampas grass, periwinkle, English ivy, and giant reed.
• Low-volume irrigation systems, using reclaimed water (where feasible), will be
included in the final design.
10
Coast Live Oak Woodland
16. Prior to determining the full extent of mitigation required for coast live oak woodland
impacts, a formal United States Army Corps of Engineers (USACE) and California
Department of Fish and Game (CDFG) jurisdictional delineation shall be conducted on
the VTTM No. 52267 site.
17. Impacts shall be mitigated by the planting of coast live oaks and California walnuts
trees and associated understory herbaceous plant species within areas determined to
be suitable by the project biologist. Suitable areas include those areas located within
the permanent open space areas and outside of the fuel modification areas of the
VTTM No. 52267 site. Revegetation areas must contain the appropriate hydrology,
composition, and slope aspect to be considered for mitigation sites. Theprecise
mitigation locations shall be selected by a restoration ecologist with expertise in native
plant community restoration. Any planting of native trees and shrubs within the fuel
modification areas or within the interior of the developed project site (i.e., project
landscaping) will not be credited towards any tree replacement requirements of the City
of Diamond Bar or the California Department of Fish and Game.
118. Mitigation shall consist of planting oak trees and walnut trees at a replacement ratio as
identified below or as otherwise deemed appropriate by the California Department of
Fish and Game.
Trunk DBH
(Diameter at
Breast Height)
<36 inches
36-48 inches
>48inches
Cn
Replacement I
Ratio 5 -Gallon
2:1
3:1
4:1
lacement
Container Size
24 -Inch
15 -Gallon Box Transplant'
' 11` a sufficient quantity of healthy and/or accessible existing oaks are not available for transplantation,
then the following will apply as a substitution for the one transplanted oak noted above for each
dbh/ratio category:
<36 inches: substitute one 15 -gallon size for one transplant.
36-48 inches: substitute one 15 -gallon size for one transplant.
>48 inches: substitute one 24 -inch box size for one trancn12nt
Oak and walnut trees removed by project construction shall be replaced with a mixture
of container plantings, as specified in the Biological Resource Management Plan. Prior
to planting, the revegetation sites will be cleared of weed species as specified by a
restoration ecologist. An appropriate irrigation system shall be required for oaks and
walnuts to establish the container plantings. Advance notice of 9 to 12 months should
be given to the supplier/grower to ensure that the required oaks and walnuts are ready
at the time of proposed planting. Planting shall be conducted during the late fall
through early spring following a rainfall of at least 0.50 inch.
11
Performance standards for coast live oak woodland and walnut woodland are as
follows:
• First Year: Coverage/35 percent. Survival Rate/90 percent survival of all trees,
including container stock or cuttings. If 90 percent survival has not been achieved,
replanting with appropriate size container stock or cuttings necessary to achieve this
standard will be performed.
• Second Year: Coverage/50 percent coverage by tree and shrub plantings. Survival
Rate/90 percent survival of all trees, including container stock or cuttings. If 90
percent survival has not been achieved, replanting with appropriate size container
stock or cuttings necessary to achieve this standard will be performed.
• Third Year: Coverage/70 percent coverage by tree and shrub plantings. Survival
Rate/90 percent survival of all trees, including container stock or cuttings. If 90
percent survival has not been achieved, replanting with appropriate size container
stock or cuttings necessary to achieve this standard will be performed.
• Fourth Year: Coverage/80 percent coverage by tree and shrub plantings. Survival
Rate/90 percent survival of all trees, including container stock or cuttings. If 90
percent survival has not been achieved, replanting with appropriate size container
stock or cuttings necessary to achieve this standard will be performed.
• Fifth Year: Coverage/90 percent coverage by tree and shrub plantings. Survival
Rate/90 percent survival of all trees, including container stock or cuttings. if 90
percent survival has not been achieved, replanting with appropriate size container
stock or cuttings necessary to achieve this standard will be performed.
Revegetation will be considered successful at five years if the percent cover and
species diversity of the restored and/or created habitat areas are similar to percent
cover and species diversity of adjacent existing habitats or impacted habitats, as
determined by quantitative testing of existing and restored and/or created habitat areas.
The site will be monitored and maintained for five years to ensure successful
establishment of coast live oak and walnut woodland within the restored and created
areas. If success standards are not met, remedial measures including introduction of
additional container stock, weed removal, adjusting of irrigation, and/or extension of the
monitoring program will be implemented as directed by the restoration ecologist.
Indirect Im acts
Grading activities would disturb soils and result in the accumulation of dust on the surface of the
leaves of trees, shrubs, and herbs. This indirect effect of project construction on native vegetation
in the immediate vicinity of the construction area is considered adverse, but not significant.
Potential urban runoff from the project containing petroleum residues and the improper disposal
of petroleum and chemical products could have the potential to adversely affect water quality, and
in tum, affect populations of aquatic species. These impacts are considered adverse but not
significant.
12
Although these impacts are not considered significant, the following design features and mitigation
are required as conditions of approval.
Project Design Features
Stormwater runoff from these areas would be conveyed to an "urban depollutant basin" located just
downstream and south of the development area of the VTTM No. 52267 site. The basin would trap
urban runoff pollutants prior to discharge in the Los Angeles County storm drain facility south of
the development area.
Mitigation Measures
19- In conjunction with construction activity, the grading contractor shall control dust
accumulation on natural vegetation at the source of disturbance by standard wetting
techniques. Under the guidance of the project biologist, natural vegetation shall be
periodically sprayed with water to reduce dust accumulation on leaves.
'20- Energy dissipators shall be installed at all offsite discharge locations to eliminate
erosion in natural offsite drainage courses.
"Urban depollutant basins" shall be included to reduce contaminants in runoff from
developed areas of the site prior to discharge into natural areas. Such facilities
shall be indicated on all improvement plans submitted to the City of Diamond Bar
for approval.
22.
23.
2-e1.
All cut and fill slopes shall be landscaped as soon as practicable after completion
of grading to reduce potential erosion and increased runoff from these areas.
Prior to the initiation of grading, the applicant shall obtain an NPDES permit from
the California Regional Water Quality Control Board, Los Angeles Region. A copy
of the NPDES permit and accompanying Stormwater Pollution Prevention Plan and
related engineering plans for control of runoff during construction shall be submitted
to the City of Diamond Bar prior to issuance of the grading permit.
Prior to issuance of a grading permit, the applicant shall submit to the City of
Diamond Bar an erosion control program for approval which indicates that proper
control of siltation, sedimentation, and other pollutants will be implemented. The
use of filter fences, filter dikes, and other construction Best Management Practices
(BMPs) near stormwater system outlets shall be included in the program.
AESTHETICSIVISUAL RESOURCES
Light and Glare
The residential development would introduce sources of lighting associated with homes and street
lights into an area of the City of Diamond Bar that is currently unlit during the night time.
Development of this site with residences, and therefore associated lighting sources, was
anticipated in the City of Diamond Bar General Plan. The site is also adjacent to existing
residential areas. While the introduction of light sources to the site is a change from existing
conditions, it is not considered a significant impact.
13
Although this change is not considered significant, the following measures are required as
conditions of approval.
Mitigation Measures
3. Street lights shall use fixtures that direct light downward to the maximum extent
Practicable. The intensity of the lighting shall conform to current City requirements.
TRANSPORTATION AND CIRCULATION
A signal warrant analysis conducted for the intersection of Tin Drive at Diamond Bar Boulevard
identified that implementation of the project will result in extensive delays for eastbound left turn
movements from Tin Drive onto northbound Diamond Bar Boulevard. A traffic signal at this location
is needed and would be the responsibility of the project applicant.
Findings
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR.
Facts in Support of Finding
The significant effect has been eliminated to a level that is less than significant by the following
mitigation measure as identified in the final EIR and incorporated into the project.
1. Prior to the issuance of a certificate of occupancy for the first dwelling unit at the VTTM
No. 52267 site, a traffic signal shall be installed at the intersection of Tin Drive at
Diamond Bar Boulevard. The project applicant will be responsible for 100 percent of
the costs associated with this traffic signal.
CULTURAL RESOURCES
Archeological Resources
Prehistoric artifacts or sites could be found during construction activities. Damage to prehistoric
archaeological resources is considered a significant impact.
Findings
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by the following mitigation measures as identified in the final EIR and incorporated into
the project.
14
1. Prior to rough grading activities, a qualified archaeologist shall be retained to monitor
the clearing and grubbing of the southern slope of the VTTM No. 52267 site. The
archaeologist would carefully inspect these areas to assess the potential for significant
Prehistoric or historic remains. If a site is uncovered, then a subsurface evaluation may
be needed to assess the resource. Further subsurface investigation may be needed if
the site is determined unique/important for its prehistoric information.
2. Following the intensive survey, the archaeologist shall file a survey report with the South
Central Coastal Information Center at University of California, Los Angeles. Any
subsequent archaeological testing and data recovery reports would also be filed with
the Information Center.
3. A qualified archaeologist shall be retained to attend pre -grade meetings and to monitor
grading activities. During grading activities, the archaeologist shall conduct limited
monitoring to observe and retrieve any buried artifacts that may be uncovered.
4. The archaeological monitor shall have the authority to temporarily divert or direct
grading to allow time to evaluate any exposed prehistoric or historic material.
5. A final monitoring report, including an itemized inventory and pertinent field data, shall
be sent to the property owner and to the South Central Coastal Information Center at
the University of California, Los Angeles,
6. Any recovered prehistoric and historic artifacts shall be offered, on a first right -of -refusal
research interest in the materials such as the Fowler Museum of Culturbasis, to a repository with a retrievable collection system and an educational and
al History
(UCLA) and California State University, Fullerton, or alternatively to the Pomona Valley
Historical Society, La Puente Valley Historical Society, or Pacific Coast Archaeological
Society where collections are held locally.
Paleontological Resources
Grading, trenching, and other earth moving activities in the Soquel Member of the Puente
Formation have the potential to destroy vertebrate, invertebrate, and plant fossil remains. Fossil
vertebrates and plants are non-renewable scientific resources; their loss is considered to be a
significant impact.
Findings
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR.
Facts in Support of Finding
The significant effect has been eliminated or substantially lessened to a level that is less than
significant by the following mitigation measures as identified in the final EIR and incorporated into
the project.
1- A qualified paleontologist shall be retained to produce a mitigation plan for the VTTM
No. 52267 site. The paleontologist shall attend pre -grade meetings to discuss the
15
monitoring, collecting, and safety procedures for the project and shall supervise the
paleontological monitoring during earth moving activities in the area.
2. Full-time monitoring shall be conducted by a paleontological monitor during earth
moving activities within the high sensitivity Soquel Member. Recent alluvium and
colluvium do not require monitoring. The paleontologist shall tailor the monitoring
schedule to the lithologies present, the rate of fossil recovery, the numbers of spreads
working simultaneously, and the cubic foot amounts of rock being excavated or
disturbed.
3. Screening of sediments shall routinely be conducted during monitoring under the
supervision of the paleontologist to sample significant small vertebrate remains.
4. The paleontological monitor shall have the authority to temporarily divert or redirect
grading to allow time to evaluate any exposed fossil material.
5. During monitoring, any scientifically significant specimens shall be properly salvaged
after evaluation by, and under the supervision of, the paleontologist. During fossil
salvage, contextual stratigraphic data shall also be collected. This will include lithologic
descriptions, localities plotted on a USGS 7.5' Series topographic quadrangle,
photographs, and field notes.
6. Specimens shall be prepared to the point of identification, identified, and curated on a
long-term loan basis in a suitable repository that has a retrievable storage system, such
as the Los Angeles County Museum of Natural History.
i'. A final report shall be prepared at the end of earth moving activities, and shall include
an itemized inventory of recovered fossils and appropriate stratigraphic and locality
data. This report shall be sent to the City of Diamond Bar to signify the end of
mitigation. Another copy shall accompany any recovered fossils, along with field logs
and photographs, to the designated repository.
C. IMPACTS THAT CANNOT BE MITIGATED TO A LEVEL CONSIDERED LESS THAN
SIGNIFICANT
The following sets forth all significant effects of the VTTM No. 52267 project. For each effect, a
finding is made as referenced in the Introduction above, that states facts in support of such
findings, and, as appropriate, refers to the Statement of Overriding ConsiriP_—tinnc , k; -L.:_
attached_
LAND USE
The project is inconsistent with some goals, objectives, and strategies of the City of Diamond Bar
General Plan. Implementation the project would result in: significant topographical changes
associated with grading activities; removal of biological habitat including oak and walnut trees; and,
would be visible from existing residences. The topographical changes to the site to allow for the
Proposed development are considered significant and unavoidable. The biological impacts can be
mitigated to a level that is considered less than significant. Alternatives have been identified that
would lessen the aesthetic and biological impacts. However, unless development is precluded,
unavoidablle aesthetic impacts will occur.
16
General Plan Land Use Element Strategy 1.5.4 identifies that vacant land which has deed or map
restrictions must be subjected to public hearings before the Planning Commission and City Council
before any action can be taken to remove the restrictions. Development of the VTTM No. 52267
project requires the removal of map restrictions to allow for the development envelope for the
project: to occur on Lots 5 and 7. Restrictions can only occur with the provision of a "significant
benefit" by an applicant to the City of Diamond Bar. The applicant is dedicating as public open
space the remaining approximately 274.3 acres (portions of Lots 4, 5, and 7 of Tract No. 31479
excluding manufactured slope areas) and all of Lot 9 of Tract No. 31479, approximately 86 acres,
of Planning Area 2 to the City of Diamond Bar as a significant benefit.
Findings
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR.
(3) Specific economic, legal, social, technological, or other considerations, including
Provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR.
Facts in Support of Findings
Project [)esion Features
The project has been designed to be compatible with surrounding areas, retains the majority of the
tract in permanent open space by clustering the residences, is of the same density as surrounding
developments, and limits grading to the degree feasible to address geotechnical issues. The
remainder of VTTM No. 52267 (approximately 274.3 acres)
(portions of Lots 4, 5, and 7 of Tract
No. 31479 excluding manufactured slope areas) and all of Lot 9 of Tract No. 31479 of Planning
Unit 2 would be dedicated to the City of Diamond Bar.
Mitigation Measures
1. It is recommended that the grading plans for the VTTM No. 52267 site be revised to
incorporate techniques that would lessen the visibility of the residential units along the
prominent ridges. Visual simulations or cross sections of the revised plan shall be
required prior to issuance of grading permits.
2. Landscaping plans shall use native vegetation (e.g., oaks, walnuts, coastal sage scrub)
on manufactured slopes that are adjacent to naturally vegetated areas to minimize the
potential visual impact caused by urban landscaping in these areas. The plant
materials, placement, and maintenance of the native revegetation shall be approved by
the Fire Department and by the project biologist. This measure is intended to reduce
aesthetic impacts and should be coordinated with mitigation for biological impacts to
ensure consistency.
AESTHETICS/VISUAL RESOURCES
Viewed from near the intersection of Steep Canyon Road at Clear Creek Canyon Drive, the
development site would be visible along the top of the prominent ridge in the southern portion of
the site. A large engineered fill slope and fuel modification areas would also be visible. The visual
17
impact of the ridgeline development is considered to be a significant impact. Views of the ridge
along the northern edge of the site from southbound Diamond Bar Boulevard and adjacent areas
to the north are visible from Kidd Drive at Diamond Bar Boulevard. The new residences would be
visible along the northern ridge; the engineered fill slope beneath it would also be evident. This
visual impact is considered significant. Further, residences along the extension of High Crest Drive
would be visible along the top of the northern ridge in this area when viewed from the top of Gold
Rush Drive near its intersection with High Crest Drive. Residents on the south side of Gold Rush
Drive would have views from their backyards across the unnamed canyon to the new development.
These new residences would appear to be an extension of the existing development at the end of
High Crest Drive; this visual impact is considered significant.
Findings
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR.
(3) Specific economic, legal, social, technological, or other considerations, including
Provision of employment opportunities for highly trained workers, make infeasible the
Mitigation measures or project alternatives identified in the final EIR.
Facts in Support of Findings
The significant aesthetic effects associated with topographical/grading changes on the site would
be reduced by the following project design features and mitigation measures as identified in the
final EIR and incorporated into the project. It is unknown whether the mitigation measures
identified would reduce the aesthetic impacts of project development to a level that would be
considered less than significant. Therefore, the impacts identified are considered significant and
unavoidable. The remaining unavoidable effect is acceptable when balanced against the facts set
forth in the Statement of Overriding Considerations.
Project [design Feature
The project has been designed to be compatible with surrounding areas, retains the majority of the
tract in permanent open space by clustering the residences, is of the same density as surrounding
developments, and limits grading to the degree feasible to address geotechnical issues. The
project is in compliance with the City's Hillside Management Ordinance standards and guidelines
in that it follows the natural topography of the site to the degree feasible; incorporates landform
grading; concave and convex forms will be used; slopes will not be linear in plan view;
manufactured slope gradients will vary from 2:1 to 4:1; lot shapes will vary; pads will maintain
irregular configurations were feasible; and, street slopes to the east will remain in their natural,
undisturbed state.
Mitis Me_ asures
incorporate techniques that would lessen the visibility of the residential units alo1. It is recommended that the grading plans for the VTTM No. 52267 site be revised to
ng the
prominent ridges. Visual simulations or cross sections of the revised plan shall be
required prior to issuance of grading permits.
18
2. Landscaping plans shall use native vegetation (e.g., oaks, walnuts, coastal sage scrub)
on manufactured slopes that are adjacent to naturally vegetated areas to minimize the
potential visual impact caused by urban landscaping in these areas. The plant
materials, placement, and maintenance of the native revegetation shall be approved by
the Fire Department and by the project biologist. This measure is intended to reduce
aesthetic impacts and should be coordinated with mitigation for biological impacts to
ensure consistency.
AIR QUALITY
The project will result in short-term construction impacts related to fugitive dust and equipment
exhaust emissions. Construction would generate air emissions from grading activities, construction
equipment, and employee vehicle exhaust emissions. Short-term construction emissions will
exceed the SCAQMD's 100 pounds/day threshold of nitrogen oxides (NOx) and its 150 pounds/day
threshoNd of particulate matter (PM10).
Findings
(1) Changes or alterations have been required in, or incorporated into, the project which
avoid or substantially lessen the significant environmental effect as identified in the final
EIR.
(3) Specific economic, legal, social, technological, or other considerations, including
Provision of employment opportunities for highly trained workers, make infeasible the
mitigation measures or project alternatives identified in the final EIR.
Facts in Support of Findings
The following facts and mitigation measures indicate that although the construction -related air
quality emissions will be reduced to the extent feasible, they cannot feasibly be mitigated to a level
considered less than significant. However, because the South Coast Air Quality Control District's
threshold for these criteria pollutants is low, all of the identified development alternatives (except
the No Development Alternative) would exceed these levels and also be deemed significant. The
infeasibility of the No Development Alternative is addressed in the findings set forth below and any
further alternative or mitigation measure sufficient to achieve reductions in emissions below the air
district's thresholds would be infeasible for the same reasons. As a result, impacts associated with
NOx and PM10 are considered significant and unavoidable. These unavoidable effects are
acceptable when balanced against the facts set forth in the Statement of Overriding
Considerations.
1. The City shall require that all construction comply with the South Coast Air Quality
Management District's (SCAQMD) regulations, including Rule 402 which specifies that
there be no dust impacts offsite sufficient to cause a nuisance, and SCAQMD Rule 403,
which restricts visible emissions from construction. Specific measures to reduce
fugitive dust shall include the following:
a. Moisten soil prior to grading.
l�. Water exposed surfaces at least twice a day under calm conditions and as often as
needed on windy days when winds are less than 25 miles per hour or during very
19
dry weather in order t maintain a surface crust and prevent the release of visible
emissions from the construction site.
c. Treat any area that will be exposed for extended periods with a soil conditioner to
stabilize soil or temporarily plant with vegetation.
d. Wash mud -covered tires and under -carriages of trucks leaving construction sites.
e. Provide for street sweeping, as needed, on adjacent roadways to remove dirt
dropped by construction vehicles or mud which would otherwise be carried off by
trucks departing project sites.
f. Securely cover loads of dirt with a tight fitting tarp on any truck leaving the
construction sites to dispose of excavated soil, if required.
g. Cease grading during periods when winds exceed 25 miles per hour.
h. Provide for permanent sealing of all graded areas, as applicable, at the earliest
Practicable time after soil disturbance.
2. All contractors shall:
a. Maintain construction equipment in peak condition so as to reduce operation
emissions.
b. Use low -sulfur diesel fuel in all equipment.
C. Use electric equipment whenever practicable.
d. Shut off engines when not in use.
NOISE
Construction activities would increase noise levels in the project area over an approximate 2- to 3 -
year period. Noise would be associated with earth moving, materials handling, equipment, and
vehicles during clearing, excavation, grading, and construction. Noise produced by construction
activities could impact exterior areas of onsite land uses and offsite land uses. Existing residents
along the existing terminus of Highcrest Drive, as well as those along Gold Rush Drive and
adjacent to Steep Canyon Road may experience noise levels that could exceed the City's noise
standards, depending on their distance from the operating equipment.
In addition to the noise from construction equipment, construction vehicle traffic and employee
traffic, location of overnight equipment parking, and morning start-up activities can also create
relatively high noise levels during project development_
Findings
1. Changes or alterations have been required in, or incorporated into, the project which
mitigate or avoid the significant effects on the environment.
3. Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained workers,
20
make infeasible the mitigation measures or alternatives identified in the environmental
impact report.
Facts in Support of Findings
The following facts and mitigation measures indicate that although the construction -related noise
impact has been reduced to the extent feasible, it cannot feasibly be mitigated to a level considered
less than significant. With the exception of the No Development Alternative which assumes no
development of the site, all of the project alternatives would result in short-term construction -related
noise impacts. Although these noise levels would be substantially lessened for these alternatives
including the preferred project through implementation of mitigation measures, these impacts would
remain unavoidable. Further reductions in construction -related noise are not considered
technologically feasible. The remaining unavoidable effect is acceptable when balanced against
the facts set forth in the Statement of Overriding Considerations.
Mitigation Measures
1. Construction activities shall be limited to Monday to Saturday between the hours of 7:30
a.m. to 5:00 p.m.
2. Prior to issuance of grading permits, a construction traffic plan, equipment staging area,
and construction employee parking area program shall be submitted by the applicant
to the City for approval to ensure that construction noise impacts from these sources
are kept to a minimum.
D. FINDINGS REGARDING ALTERNATIVES
The City of Diamond Bar, having reviewed and considered the information in the final EIR, the
appendices to the final EIR, and the administrative record, finds, pursuant to CEQA and the CEQA
Guidelines, that (a) the final EIR considers a reasonable range of project alternatives; and
(b) specific economic, legal, social, technological, or other considerations, including considerations
for the provision of employment opportunities for highly trained workers, make infeasible the project
alternatives identified in the final EIR as well as other alternatives or mitigation measures which
would reduce the following impacts below a level of significance: (1) landform modifications
resulting in aesthetic impacts; (2) construction -related air quality emissions; (3) and construction -
related noise.
Facts In Support of Findings
Overview of Standards for Determining a Reasonable Range of Alternatives
Under CEQA Guidelines Section 15126(d)(1), CEQA mandates that EIRs examine feasible
mitigation measures and feasible alternatives to a proposed project. A critical element of any EIR
is the selection of alternatives that warrant detailed review in the document. CEQA Guidelines
Section 15126(d) states that:
"...the discussion of alternatives shall focus on alternatives to the project or its location
which are capable of avoiding or substantially lessening any significant effects of the
project, even if these alternatives would impede to some degree the attainment of the
project objectives, or would be more costly."
21
CEQA Guidelines Section 15126(d)(5) states that the "range of alternatives required in an EIR is
governed by a `rule of reason' that requires the EIR to set forth only those alternatives necessary
to permit a reasoned choice. The alternatives shall be limited to ones that would avoid or
substantially lessen any of the significant effects of the project."
In determining the scope of the alternatives analysis, and the reasonable range of the alternatives,
the alternatives analyzed in the final EIR were framed by considering the project objectives and
purposes identified for the project, as well as the significant impacts of the project. The final EIR
includes five alternatives which were intended to eliminate or reduce one or more of the significant
environmental effects noted above, four alternatives that were addressed in the draft EIR and one
alternative brought forward by the project applicant in response to requests by the City of Diamond
Bar Planning Commission and staff to reduce the footprint of grading associated with the preferred
VTTM No. 52267 project. The range of alternatives considered presents a reasonable range of
development choices, including no development on the project site (the "No Development
Alternative"); development of the site under the existing General Plan such that development be
confined to that portion of the VTTM No. 52267 site referred to as Lot 6 (the "No Project
Alternative"); redesign of the site to reduce aesthetic/visual changes associated with site
development (the "Refined Design Alternative"); a reduction in the number of dwelling units on the
site through the elimination of ridgeline lots (the "Reduced Project Alternative"); and, a reduction
in the number of dwelling units on the site through a redesign of the site plan to minimize grading
outside of Lot 6 ("Alternative Development Plan").
Of these alternatives, the No Development Alternative would eliminate all of the significant impacts
noted because no development would occur on the site. The No Project Alternative would lessen
visible (landform alteration because less landform grading would be permitted. However, it would
still result in significant unavoidable visual impacts, as well as construction -related air quality and
noise impacts. Although biological impacts associated with the project can be reduced to a less
than significant level, the No Project Alternative would have fewer impacts to biological resources
because less grading would occur in areas containing significant resources. The Project Design
Alternative would result in similar aesthetic impacts as the No Development Alternative except that
some remedial grading would occur outside of Lot 6. Therefore, although visual impacts would be
lessened when compared to the preferred project, these impacts would remain unavoidable.
Construction -related air quality and noise impacts would also remain significant. Biological impacts
would be reduced; but as with the preferred project, these impacts can be mitigated to a level that
is considered less than significant. The Reduced Project Alternative's elimination of ridgeline lots
would (lessen landform (aesthetic/visual) and grading impacts when compared to the preferred
project and project alternatives. Although lessened, the impact is considered unavoidable.
Construction -related air quality and noise impacts would still occur. Biological resources impacts
would be reduced; but as with the preferred project, these impacts can be fully mitigated. The
Alternative Development Plan would result in changes in the grading footprint thereby decreasing
the amount of grading from 1.8 million cubic yards of cut and fill balanced on the site to
approximately 1.4 million cubic yards of cut and fill balanced on the site. Because the development
footprint is modified under this alternative, the aesthetic impacts associated with topographical
changes are different; however, aesthetic impacts remain significant and unavoidable.
Construction -related air quality and noise impacts would be lessened when compared to the
preferred project, but would remain unavoidable. Biological impacts would be similar; as with the
preferred project, these impacts can be mitigated to a level that is considered less than significant.
The final EIR considered but rejected an alternative location for the project. The final EIR identified
one location, the Tres Hermanos site, that could accommodate the project. The Tres Hermanos
site is approximately 720 acres along the northeastern boundary of the City of Diamond Bar and
22
is designated Planning Area 1 with a Specific Plan designation of PA -1 SP with a Agricultural land
use designation. As currently designated, this alternative site could be developed with 144 dwelling
units. Development on this site would be expected to have similar landform alterations and
visual/aesthetic changes because of its visibility and hillside topography. Moreover, the property
is owned by the City of Industry Redevelopment Agency and is not likely to be available for
development in the time frame requested by the project applicant for the VTTM No. 52267 site.
The apparent lack of substantial reduction of environmental impacts and the public agency
ownership of the property resulted in the rejection of this alternative from consideration as a viable
alternative to reducing expected environmental impacts associated with the project.
A second alternative was rejected from further consideration in the final EIR. This alternative was
considered to attempt to further reduce visual impacts associated with large fill slopes along the
northern and southern edges of the development area of the site. Elimination of these two fill areas
would result in a reduction of 54 residential lots (76 residential lots would be retained). However,
to accomplish this alternative, approximately 1.4 million cubic yards of dirt would have to be
exported from the site. This would require approximately 58,000 truckloads of export, a significant
traffic impact not associated with the project. Significant air quality and noise impacts would still
occur.
Infeasibility and Comparison of Environmental Effects of Project Alternatives
The alternatives evaluated in the EIR and in this section are summarized below. Complete
descriptions and analysis can be found in Section 5 of the EIR.
No Development Alternative—Under this alternative, no development would be permitted on the
site. While this alternative would eliminate all significant and unavoidable environmental impacts
associated with any development on the site, the City of Diamond Bar General Plan designates the
site for residential development subject to environmental review and approval by the City.
No Project Alternative—Under this alternative, the development allowed by the existing Diamond
Bar General Plan would be implemented. The General Plan provides that a maximum of 130
dwelling units could be constructed on the VTTM No. 52267. The City's General Plan states that
no additional residential development beyond the 130 units can occur without specific "findings that
the decision is of significant benefit to the City" (General Plan Land Use Element, Strategy 1.5.3).
The remainder of Planning Area 2 would be retained in public open space.
This alternative would have fewer impacts to biological resources and less visible landform
alteration than the project. However, it would still result in significant impacts to views from ridgetop
development.
Project Design Refinement Alternative—Under this alternative, development of the VTTM No.
52267 site would be reconfigured to reduce the aesthetics/visual impacts. To achieve this impact
reduction, the project grading plans would incorporate techniques that would ensure that project
development would be less visible from adjacent areas. The design refinement is a variation of
the No Project Alternative: 107 single-family residential units would be constructed within the
boundaries of Lot 6, a reduction of 23 units in comparison with the project. Under this alternative,
the average lot size would be approximately 6,000 square feet with a minimum pad size of 5,000
square: feet. Homes constructed on these lots would range between 2,500 to 2,800 square feet.
This alternative would eliminate lots; however, homes would still be located in areas along the
northern and southern ridgelines that are visible from adjacent neighborhoods. The resulting lot
23
configuration is caused largely by the extension of the access road from Diamond Bar Boulevard
eastward to connect with Highcrest Drive. Under this alternative, this road would have a 10 to 12
percent grade between Diamond Bar Boulevard and the existing terminus of Highcrest Drive.
Reduced Project Alternative—Under this alternative, the 130 dwelling units assumed for the site
would be reduced by approximately 20 percent to eliminate the ridgeline lots that would be most
visible from adjacent areas. A total of 104 dwelling units would be developed.
This alternative, although resulting in fewer impacts to biological resources and less visible
landform alteration than the project, would still result in impacts to biologicafl resources and views
from ridgetop development. As with the project, biological impacts can be mitigated to a level that
is considered less than significant. Aesthetic impacts would remain significant and unavoidable.
Alternative Development Plan—Under this alternative, the 130 dwelling units assumed for the site
would be reduced to 120 units to allow for a reduction of grading, particularly outside of the
boundaries of Lot 6. It is anticipated that a further reduction in dwelling units (by nine units to 111
units) would be required to accommodate a water tank for the Walnut Valley Water District.
Increased visibility of the project from Diamond Bar Boulevard would occur.
This alternative, although resulting in less grading, would still result in significant impacts to
biological resources, as well as traffic, air quality, noise, and aesthetic impacts. As with the
preferred project, biological impacts can be mitigated to a level that is considered less than
significant. Because less grading activities would occur associated with this alternative,
construction air quality emissions would be reduced but would remain unavoidable. Construction -
related noise impacts may affect fewer existing residences because of the reconfiguration of the
site plan; however, these noise impacts would remain unavoidable. Aesthetic impacts would
remain significant and unavoidable.
E. STATEMENT OF OVERRIDING CONSIDERATIONS
The City of Diamond Bar, having reviewed and considered the information contained in the final
EIR, the appendices to the final EIR, and the administrative record, finds, pursuant to CEQA and
the CEQA Guidelines, that specific overriding economic, legal, social, technological, or other
benefits of the project outweigh any and all significant effects that the project will have on the
environment, and that on balance, the remaining significant effects for construction -related air
quality and noise impacts and for visual/aesthetic impacts are found acceptable given these
overriding considerations:
Planning Context
The economic character of Diamond Bar and its surroundings has changed dramatically over the
past 10 to 20 years. The need for the project derives in part from projections of County growth in
population, creating an increased demand for dwelling units.
Project Objectives
The project is intended to meet many applicant and City objectives as described in Section 2.7 of
the EIR, which are restated below:
24
Applicant Objectives
The applicant has incorporated the following objectives into the project:
• Create a strong residential community to ensure that land values remain stable
• Develop a community that is visually attractive and effectively organized
• Develop a new residential housing that is compatible with the existing surrounding
neighborhoods
• Provide a planned community that complements the existing development within the
City of Diamond Bar
• Maintain a pattern of development that meets the needs of Diamond Bar
• Cluster development to minimize the potential impact on adjacent properties and
environmental resources
• Provide more open space than is typically available in nearby developments
• Encourage the enhancement of slopes and open space
• Provide public amenities including water, sewer, storm drain, and utilities with the
capacities to service the level of development proposed
• Enhance the physical and visual image of the community
• Enhance and maintain the suburban/rural identity of the community
• Maintain an environment that contributes to and enhances the quality of life
• Establish a development which is compatible with scenic and natural resources and
which also encourage environmental preservation
• Identify and encourage the preservation of viable open space in the City and the
surrounding area
City of Diamond Bar Objectives
The City of Diamond Bar's objectives for the project are those goals from the General Plan Land
Use Element which are applicable to the project. They are as follows:
Goal 1 Consistent with the Vision Statement, maintain a mix of land uses which
enhances the quality of life of Diamond Bar residents, providing a balance of
development and preservation of significant open space areas to assure both
economic viability and retention of distinctive natural features of the community.
Goal 2 Consistent with the Vision Statement, manage land use with respect to the
location, density and intensity, and quality of development. Maintain consistency
25
with the capabilities of the City and special districts to provide essential services
which achieve sustainable use of environmental and manmade resources.
Goal 3 Consistent with the Vision Statement, maintain recognition within Diamond Bar
and the surrounding region as being a community with a well planned and
aesthetically pleasing physical environment.
Goal Consistent with the Vision Statement, encourage long-term and regional
perspectives in local and land use decisions, but not at the expense of the
Quality of Life for Diamond Bar residents.
Project Benefits
Dedication of Property—Approximately 274.3 acres portions of Lots 4, 5, and 7 of Tract No.
31479 (approximately 274.3 acres excluding manufactured slope) plus all of Lot 9 of Tract No.
31479 (approximately 86.3 acres) would be dedicated to the City of Diamond Bar and set aside as
public open space as part of Planning Area 2.
Employment Opportunities—The project will create construction jobs, including opportunities for
highly trained workers.
Infrastructure Improvement—All utilities for the proposed project will be underground. The
following improvements would be required and implemented as part of the project:
• Extend an eight -inch sewer line from the site across Diamond Bar Boulevard into Tin
drive and down Bridle Drive approximately 330 feet and connect to an existing sewer
line.
• Extend a 14 -inch water service line from the site into Diamond Bar Boulevard and
connect to an existing water line.
• Extend a 48 -inch storm drain from the site approximately 450 feet to the south of Tin
Drive along Diamond Bar Boulevard to connect with an existing drainage basin.
Circulation Opportunities—The project is providing the City with a left -turn pocket at Diamond
Bar Boulevard for southbound traffic turning left into the project site and a turn signal at Tin
Drive/Diamond Bar Boulevard.
Park Funds—The applicant is contributing funds (in an amount to be determined between the City
of Diamond Bar and applicant) to the City of Diamond Bar Parks and Acquisition Fund.
R:\Projects\DBarlFind Ings -50798
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May 6, 1998
Mr. James DeStefano — Deputy City Manager
City of Diamond Bar
21660 F. Copley Drive
Suite 190
Diamond Bar, CA 91765-4177
Re: ]Diamond Hills Ranch (Tentative Tract Map No. 52267) Circulation
Dear Mr. DeStefano,
Throughout the planning and design of the project, the access via Highcrest Drive has remained a
viable consideration. The environmental impact report identified the distribution of traffic
assigned to Highcrest Drive to be a minimal 5% of project generated vehicle trips.
The proposed project will incorporate security gates into the private street system that will
effectively eliminate traffic external to the project from passing through the project. Future
project residents will utilize the projects main entrance to Diamond Bar Boulevard for the
majority of ingress and egress. These residents may identify access via Highcrest Drive as the
efficient route to Pantera Elementary School and Pantera Park. It is inconceivable that Diamond
Hills Ranch residents would seek Highcrest Drive as access for another destination. As you are
aware, Highcrest does not provide direct or effective access to any destination beyond the school
or park.
The Diamond Hills Ranch residents would have a longer route and would generate additional
vehicle ;miles traveled and turning movements should they be forced to use Diamond Bar
Boulevard to reach the school or park. It is apparent that using Highcrest Drive for school and
park access will benefit the majority of the circulation system in the local area.
1 am requesting that the City staff evaluate the utilization of Highcrest Drive as an access route
for ingress and egress for Diamond Hills Ranch residents to reach Pantcra School and Park.
Concurrently, we need this request guided through the appropriate City decision-making process.
I appreciate your time and consideration and am ready to work with the City on this matter.
Please feel welcome to contact me if additional information is necessary.
Manager
5109 E La Palma, Suite D • Anaheim. CA 92RD7 • !7141 69i_67AO . V:, r7'1d1 #cga_ayin
TOTAL P.02
MAY. -08' 98(FRI) 15:3I SUNCAL TEL:7149961455 P.002
May P, 1998 (*VIA FACSIMILE: 909 / 861-3117*)
,93
Mr. James DeStefano
Deputy City Manager
CITY OF DIAMOND BAR
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765-4177
Re: Diamond Hills Ranch Partnership Program / Park Obligation (Quimby in -lieu fee) and
City Parks and Acquisition Fund
Dear lir. DeStefano:
The Diamond Hills Ranch Parmership project team has worked diligently to identify an equitable
program to provide for the Quimby Act park obligation and the City's parks and acquisition
fund. Specifically, to address the Planning Division's Conditions of Approval 410 and 428 as
recommended by the Planning Commission at its regularly scheduled meeting of April 28, 1998,
The Diamond Hill Ranch Partnership proposes to address these conditions through the following
program:
• Dedication of approximately 273 acres of the project area (excluding the
Manufactured slopes);
• Dedication of the remaining natural portions, not proposed for the VTTM
52267 development, of Lots 4, 5, 7 and all of Lot 9; and
• A one-time contribution of $250,000 to be paid upon issuance of the first
building permit for a residential dwelling unit.
Mr. DeStefano, we are proposing this equitable program to address the City's Conditions of
Approval and to benefit the citizens of Diamond Bar. This program will fulfill, in total, the
Diamond Hills Ranch Partnership compliance with the aforementioned Conditions of Approval.
Please feel free to contact me if additional information in necessary. We are ready to work with
you towards the completion of the Diamond Hills Ranch project.
co
Respectfully,
5109 E. La Pabnfl, Suite D - Anaheim, CA 92807 • (714) 693-6700 • Fax (714) 693-6730
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: CHAIRMAN AND PLANNING COMMISSIONERS
FROM: CATHERINE JOHNSON, SENIOR PLANNER GS
SUBJECT: AGENDA ITEM X7.1 - CONDITIONAL USE PERMIT 98-1
AND DEVELOPMENT REVIEW 98-1
DATE: MAY 8, 1998
Staff is requesting that CUP 98-1 and DR 98-1 for a proposed Bank of
America ATM at the Country Hills Towne Center be withdrawn. This
request is based on the applicant's decision (see attached letter) to remain
in the current store front location which was being utilized as a temporary
site. Finalization of the existing site as a permanent location can be done
at the staff level and therefore a CUP and DR are no longer necessary.
attachment:
Letter from applicant dated May 8, 1998
c:cj/peros49
facsimile vanarmion MCCLIER
611 West Sixth Street - Suite 1850
Los Angeles, CA 90017
213 • 892 - 1500 s^ 7
213 � 892 • 1055 Fax
drams: May 8, 1998 to' Catherine Johnson
project '' 77-604 fax: 909-861-3117
project: Diamond Bar ATM from: William J. Genta
subject: CUP#DR 98-1 copies to: File, McNutt, Mueller
total pages including cover sheet: 1
IF ALL OF THESE PAGES ARE NOT RECEIVED, PLEASE NOTIFY THE SENDER As SOON AS POSS►BLE
Dear Catherine,
This fax is a follow-up to our conversation this morning regarding the Bank of America
proposed ATM installation at 2807 Diamond Bar Blvd. The various Bank Departments have
reviewed the two options for this site, leaving the temporary location or installing a new
stucco building adjacent to the video store. The Bank has agreed with the recommendations
of the Sheriff's Department that the first choice with regards to security is to remain in the
current storefront location, the temporary site. The landlord has reviewed the lease terms and
has finalized the negotiations with the Bank. The Bank's signage consultant is preparing a
package for submittal on exterior signage for the "Temporary" site. Please accept this
correspondence as the request to abandon the application for CUP a#DR 98-1. if you have
any questions, or require additional information, please do not hesitate to contact me.
Thanks for your help.
Sincerely,
William J. Genta
Project Manager
McClier Corporation
714-567-2683 v
714-567-2780 fax
213-3107-2435 pager
Transmitted by:
TOTAL P.01
City of Diamond Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER: 8.1
REPORT DATE: May 8, 1998
MEETING DATE: May 12, 1998
CASE/FILE NUMBER: Development Review 98-4
APPLICATION REQUEST: A request for the construction of
a 4,994 square foot, one-story,
commercial unit on a vacant pad in
an existing commercial center.
PROPERTY LOCATION: Diamond Creek Village Center
21050 Golden Springs Drive
(southwest corner of Golden Springs
Drive and Brea Canyon Road).
APPLICANT: The Withee Malcolm Partnership
1983 West 190th Street, #200
Torrance, CA 90504
PROPERTY OWNER: Diamond Creek Village Center, LLC
3967 Thousand Oaks Blvd. Suite G
Westlake Village, CA 91362
BACKGROUND
The property owners, Diamond Creek Village Center and the applicant, the
Withee Malcolm Partnership, Architects, are requesting approval for the
construction of a 4,994 square foot, one-story commercial unit on a' vacant
pad in an existing commercial center. At this time there is no proposed
tenant for the unit.
The project site is located within the Diamond Creek Village Center at
21050 Golden Springs Drive. The center is approximately 9.7 acres with
approximately 117,481 square feet devoted to structures. The uses within
the center include Albertsons, Barro's Pizza, a beauty and nail salon, a
chiropractic office, and general retail and office uses.
The General Plan designation for this site is General Commercial (C) and the
zoning is Neighborhood Business Zone (C-2). Generally the following zones
and uses surround the project site: to the north is C-2 and commercial
uses, to the south are single family residential homes with a zoning
designation of Single Family Residential (R-1-8,000); to the east are
commercial uses within the C-3 (Unlimited Commercial) and C-2 zone and
residential uses within the R-1-8,000 zone and to the west are residential
uses within the Residential Planned Development (RPD -20,000) zone.
The shopping center was reviewed and approved by Los Angeles County
Regional Planning approximately 20 years ago.
DEVELOPMENT REVIEW
Pursuant to the Development Review Ordinance, Section 22.72.020, an
application for Development Review is required for any and all commercial,
industrial, and institutional development which involves the issuance of a
building permit for construction or reconstruction of a structure. Additionally,
projects involving a substantial change or intensification of land use, such as
the conversion of any existing building to a restaurant requires Development
Review.
PROJECT DESCRIPTION
The property owner, Diamond Creek Village Center and the applicant, the
Withee Malcom Partnership, Architects, are requesting approval for the
construction of a 4,994 square foot, one-story commercial unit on a vacant
pad in an existing commercial center. At this time there is no proposed
tenant for the unit and it will essentially just be a shell, with interior
improvements to be completed by the future tenant. The unit will be
designed in the same style, materials and colors as the remainder of the
center.
2
APPLICATION ANALYSIS
The existing shopping center is developed with commercial uses totaling
122,475 square feet including the proposed addition. There are currently
421 parking spaces on-site. When the center was approved in the 70's,
the parking requirements for commercial uses was 1/400 (square feet of
floor area) which would have required approximately 300 parking spaces.
By today's standard of 1/250 the center would require 490 parking spaces
if the entire center were developed with retail uses (including the proposed
addition which would require an additional 20 parking spaces). Additional
spaces would be required based on occupancy for restaurant uses, and
fewer would be required for office uses, which is 1/400. However,
because the center was approved and permitted under the County standards
and the proposed unit is on an existing graded pad that was part of the
original design, the proposed 'addition is permitted. However, in order to
insure that the unit will not unduly impact the center's existing parking, a
condition of approval has been included limiting the proposed unit to non -
restaurant uses.
Beyond the incremental impact on parking, the proposed unit will not alter
the design or function of the center in any way.
ENVIRONMENTAL REVIEW
The environmental evaluation shows that the proposed project is Categorically
Exempt pursuant to the guidelines of the California Environmental Quality Act
CEQA, Section 15303.
NOTICE OF PUBLIC HEARING
Notice for this project was published
San Gabriel Valley Tribune on May 1,
mailed to approximately 109 property
radius of the project site on April 29,
RECOMMENDATION:
in the Inland Valley Bulletin and the
1998. Public hearing notices were
owners and occupants within a 300'
1998.
The staff recommends that the Planning Commission approve Development
Review 98-4 subject to the Conditions of Approval contained within Planning
Commission Resolution 98 -XX.
REQUIRED DEVELOPMENT REVIEW FINDINGS:
The design and layout of the proposed project is consistent with the
applicable elements of the City's general plan, design guideline of the
appropriate district, and any adopted architectural criteria for the
specialized area, such as designated historic districts, theme area,
specific plans, community plans, boulevards, or planned developments;
3
2. Approval of the design and layout of the proposed ' project is
compatible with the characteristics of the surrounding neighborhood
and will maintain the harmonious, orderly attractive development
contemplated by Chapter 22.72 of Development Review Ordinance No.
5 (1990) and the City's General Plan;
3. The architectural
design of the proposed
project will
not unreasonably
interfere with the
use and enjoyment of
neighboring
existing or future
development and
will not create traffic or
pedestrian
hazards;
4. The design of the proposed project would provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of material texture and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance.
5. The proposed project will not be
safety or welfare or materially
improvements in the vicinity.
PREPARED BY:
Catherine Aohnson, Senior Planner
detrimental to the public health,
injurious to the properties or
ATTACHMENTS:
Application
Plans
Draft Resolution of Approval for Development Review 98-4
2
CITY OF DLA Jtvy 1SAX
CObGGJNITY DEVELOPMENT DEPARTMENT
21660 IL Copley Drive Suite 190
(909)396-5676 Fu (90961-3117
DEVELOPh ffXr REVIEW APIPLICATION
Record Owner Appileaot
Name Ojmcnd Creek VU14Sre
(Lass name first) center, LLC (List name asst)
Address_Mo X_ MMOMS Via" 14A�e w�- fit_
Gil), Ve s.. YA -t W' a=' _
Vp__Al �-
>�tto, 31'4 —%loo
ile_Jec -��
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PPL 0
Deposit $
Receipto
By -.
Date R='d
Applicant's Agent
)WLmw.(1ist� name titre)
t 41s3 W_ I4te.,+ G? c,L= Zoo
alo5c4
NOTE: It is the applicant's respootibility to notify the Community Development Director in writing of any change of the
Principals involved during the processing of this can.
(Attach a separate shat, if necessary, including names, addmues, and agnawcos of manbas ofpattr a gi.ips. joint venmma, sad dimaors
of corporations.)
4* Signed.
(All record
the owner ofrh.1 hentn deaeatbed property and pump the applicant to fele this request.
11— 07� 4 r-
Data 2/25/98
CerdilkAlion: 1, the undersigned, hereby eerrlfy under penalty of pedurY that the information herein' provided is correct
to the best of my knowledge.
Pont Name
(A�
Signed� ) Data
liaaK A"
Loeation t o
(Street address or Met and lot number)
Zoning _ HNM
Previous Casa
Present Um of Site St em t was,
Use applied for . .A - t ]Lma.
Legal aescrspnon pari owmennip - proposeu iou,$),parce:�s)1
Area devoted to structures Landscaping/Open space
Project Size �-; `194 s.F. Lot Coverage qq,� S,p. Proposed density
(Units/Acres)
Style of Architecture SA. - AS ,�
Number of Floors Proposed 1 Slope of Roof 4
Grading If yes, Quantity
Cut Fill
Import
Export
If yes, Quantity.
If yes,* Quantity
PLANNING COMMISSION RESOLUTION
RESOLUTION NO. 98 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW 98-4 A REQUEST FOR THE CONSTRUCTION OF
A 4,994 SQUARE FOOT, ONE-STORY COMMERCIAL UNIT
ON A VACANT PAD IN AN EXISTING COMMERCIAL
CENTER LOCATED AT 21050 GOLDEN SPRINGS DRIVE
IN THE CITY OF DIAMOND BAR.
A. Recitals
1. The property owner Diamond Creek Village Center, LLC and
the applicant, The Withee Malcolm Partnership have filed
an application for Development Review 98-4 to construct
a 4,994 square foot, one-story commercial unit in an
existing commercial center for future retail use in the
Diamond Creek Village Center located at 21050 Golden
Springs Drive, Diamond Bar, Los Angeles County,
California, as described in the title of this Resolution.
Hereinafter in this Resolution, the subject Development
Review is referred to as the "Application".
2. On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal organization of
the State of California. On said date, pursuant to the
requirements of the California Government Code Section
57376, Title 21 and 22, the City Council of the City of
Diamond Bar adopted its Ordinance No. 14 (1989), thereby
adopting the Los Angeles County Code as the ordinances of
the City of Diamond. Bar. Title 21 and 22 of the Las
Angeles County Code contains 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 its
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
May 12, 1998 conducted a duly noticed public hearing on
the Application.
1
B.
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 May 1, 1998. 109
property owners within a 300 foot radius of the project
site were notified by mail on April 29, 1998.
Ragnlntinn
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct.
2. The Planning Cbmmission hereby determines that the
project identified above in this Resolution is
Categorically Exempt from the requirements of the
California Environmental Quality Act (CEQA) as amended,
and the Guidelines promulgated thereunder, pursuant to
Section 15303, Article 19 of Chapter 3, Title 14 of the
California Code of Regulations.
3. Based upon the findings and conclusions set forth herein,
this Planning Commission, hereby finds as follows:
(a) The project relates
square feet in an
shopping center.
to the construction of 4,994
existing 117,481 square foot
(b) The project site has a General Commercial (C)
General Plan Land Use designation and is within the
Neighborhood Commercial (C-2) zoning district.
(c) Generally, the following zones and uses surround
the subject site: to the north is the C-2 zone and
commercial uses to the south are single family
residential homes with a zoning designation of
Single Family Residential (R-1-8,000), to the east
are residential uses within the Residential Planned
Development (RPD) zone, and to the west are
commercial uses located in the Unlimited Commercial
(C-3) and C-2 zone and single family residential
uses located within the R-1-8,000 zone.
(d) The project involves the construction of a 4,994
commercial unit on a vacant pad in an existing
commercial center.
E
(e) The proposed project is in compliance with the
General Plan.
The proposed project is located within the General
Commercial (C) land use designation, which provides
for a range of freeway -oriented and/or community
retail and service commercial uses. The proposed
project is therefore in compliance with the General
Plan.
(f) The design and layout of the proposed development
is consistent with the applicable elements of the
City's General Plan, design guidelines of the
appropriate district, and any adopted architectural
criteria for specialized areas, such as designated
historic districts, theme areas, specific plans,
community plans, boulevards, or planned develop-
ments.
The proposed project will be an be constructed to
match the shopping center's existing architectural
style and is placed on a vacant pad that was
planned for the addition of the proposed unit.
The design and layout of the proposed commercial
unit is consistent with General Plan in that it
will be a revenue generating use that will aid in
minimizing sales tax leakage out of Diamond Bar.
(g) Approval of the design and layout of the proposed
project is compatible with the characteristics of
the surrounding neighborhood and will maintain the
harmonious, orderly, attractive development
contemplated by Chapter 22.72 of Development Review
Ordinance No. 5 (1990) and the City's General Plan.
The proposed project is consistent with the land
uses contemplated within the General Commercial (C)
land use designation and the proposed unit is
designed to accommodate the commercial uses that
are permitted within the C-2 zone. The design and
layout of the project is consistent with and will
not alter the fundamental design of the existing
shopping center.
(h) The architectural design of the proposed project
will not unreasonably.. interfere with the use and
enjoyment of neighboring existing or future
development, and will not create traffic or
pedestrian hazards.
3
The proposed unit is within the Neighborhood
Business Zone (C-2) zone which permits a range of
commercial, office and retail uses. This is an
established retail shopping center which was
designed to accommodate the additional commercial
'square footage. Furthermore, the Public Works
Department reviewed this project and determined
that there are no traffic or pedestrian hazards.
(i) The design of the proposed project will provide a
desirable environment for its occupants and
visiting public as well as its neighbors through
good aesthetic use of materials, textures and
colors that will remain aesthetically appealing and
will retain a reasonably adequate level of
maintenance.
The shopping center was originally processed and
approved through the Los Angeles County Regional
Planning Department. The proposed commercial unit
does not alter the shopping center's design.
(j) The design of the proposed project will provide a
desirable environment for its occupants and
visiting public as well as its neighbors through
the use of materials, textures, and colors that
will remain aesthetically appealing and will retain
a reasonably adequate level of maintenance.
The originally approved design of the shopping
center will not be altered by the proposed
restaurant. The unit will be constructed to match
the architectural style of the. existing shopping
center.
(k) The proposed development will not be detrimental to
the public health, safety or welfare or materially
injurious to the properties or improvements in the
vicinity.
Before the issuance of any City permit, the
proposed project is required to comply with all
conditions within the approved resolution and the
Building and Safety Division, Public Works
Department, Health Department. Fire Department and
National Pollutant Discharge Elimination System
(NPDES) requirements. The referenced agencies'
involvement will ensure that the proposed
restaurant is not detrimental to the public health,
4
safety or welfare, or materially injurious to the,
properties or improvements in the vicinity.
5. Based upon the findings and conclusion set forth above,
the Planning Commission hereby approves this Application
subject to the following conditions:
(a) The project shall substantially conform to the site
plan and elevations collectively labeled as Exhibit
"A" dated May 12, 1998 as submitted to and approved
by the Planning Commission.
(b) The subject 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) The unit shall comply with American with
Disabilities Act (ADA) requirements as approved by
the Building Official.
(d) All sign requests shall be submitted to the City
for review and approval.
(e) The project shall obtain the Los Angeles County
Fire Department's approval.
(f) The project shall meet all A-3 occupancy
requirements.
(g) The unit shall meet the 1994 U.B.C., U.P.C.,
U.M.C., and the 1993 National Electric Code
requirements.
(h) Prior to building permit issuance plans must be
submitted showing the location of all handicapped
parking stalls in the impacted area. The impacted
area shall include one van accessible handicapped
5
parking space. The site plan shall indicate the
slope of the parking lot to determine if existing
parking lots allows for new handicap parking.
(i) The Applicant shall comply with Planning and
Zoning, Building and Safety, and Public Works
Divisions', and Fire Department requirements.
(j) All utility improvements should be made prior to
occupancy. Should there be any cuts required
within the City right-of-way, the appropriate
encroachment permit must be pulled and fees paid.
(k) The applicant is responsible for sewer connection
and storm drain connection and shall ensure
connection with L.A. Country Department of Public
Works for storm drain and sewer lateral is none
available and the County sanitation District for
connection fees. The applicant shall bear all
costs associated with the improvement, review and
approval of sewer and storm drains.
(1) Application shall be made with the Public Works
Division for a new address for the proposed unit.
(m) Future use of the proposed unit shall be limited to
non retaurant uses and shall be subject to Planning
Division approval prior to occupancy.
(n) This grant is valid for two (2) years and shall be
exercised (i.e. construction) within that period or
this grant shall expire. A one (1) year extension
may be requested in writing and submitted to the
City 30 days prior to this grant's expiration date.
(o) This grant shall not be effective for any purpose
until the permittee and owner of• the property
involved (if other than the permittee) have filed,
within fifteen (15) days of approval of this grant,
at the City of Diamond Bar Community and Develop-
ment Services Department, their affidavit stating
that they are aware of and agree to accept all the
conditions of this grant. Further, this grant
shall not be effective until the permittee pays
remaining City processing fees.
(p) If the Department of Fish and Game determines that
Fish and Game Code Section 711.4 applies to the
approval of this project, then the applicant shall
remit to the City, within five days of this grant's
approval, a cashier's check of $25.00 for a
documentary handling fee in connection with Fish
and Game Code requirements. Furthermore, if this
project is not exempt from a filing fee imposed
because the project has more than a de minimis
impact on fish and wildlife, the applicant shall
also pay to the Department of Fish and Game any
such fees and any fines which the Department
determines to be owed.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit certified copies of this
Resolution, by certified mail to Diamond Creek
Village Center, LLC, 3967 Thousand Oaks Blvd., 3967
Thousand Oaks Blvd. Suite G, Westlake Village, CA
91362 and The Withee Malcolm Partnership, 1983 West
190th Street #200, Torrance, CA 90504.
APPROVED AND ADOPTED THIS THE 12TH DAY OF MAY 1998 BY THE
Planning Commission OF THE CITY OF DIAMOND BAR.
By:
Joe McManus, Chairman
I, James DeStefano, Planning Commission Secretary, do hereby
certify that the foregoing Resolution was duly introduced, passed,
and adopted, at a regular meeting of the Planning Commission held
on the 12TH day of May 1998, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
James DeStefano, Secretary
7
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City of Diamond Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER: 8.2
REPORT DATE: May 5, 1998
MEETING DATE: May 12, 1998
CASE/FILE NUMBER: Variance (VAR) 97-1
Development Review (DR) 98-6
APPLICATION REQUEST: A request for a variance from the
Sign Ordinance for the installation
of an off-site, freeway -oriented pole
sign advertising a restaurant and a
service station.
PROPERTY LOCATION: 21324 Pathfinder Road (Chevron)
(southwest of corner of .Brea Canyon
and Pathfinder Roads) and 21316
Pathfinder Road (Denny's) southwest
of Chevron site, adjacent to Orange
Freeway approach)
APPLICANT: Robert Fiscus Associates .
2050 S. Santa Cruz, #2100
Anaheim, CA 92805
PROPERTY OWNER: Denny's Restaurant
21316 Pathfinder Road
Diamond Bar, CA 91765
SUMMARY
The applicant and the property owner are proposing an approximately 60'
pole sign for the purpose of providing freeway oriented advertising for an
existing on-site restaurant and an off-site gas station. The Planning and
Zoning Code does not permit off-site signage and prohibits the granting of a
variance for such use. Additionally, the Sign Ordinance prohibits pole signs
and the proposed sign exceeds the height and area requirements established
for commercially designated property. While the Planning Commission is
authorized to grant a variance for increased height and area, staff does not
support these increases because of the sign's potential impact on
surrounding properties.
Because the current Code doesn't allow the granting of a variance for the
proposed sign, the appropriate alternative would be for the applicant to
request a Zoning Code Amendment. The applicant has been advised of this
alternative as described in letters dated Febraruy 5, 1997 and February 2,
1998 (attached). Staff therefore recommends that the Planning Commission
direct staff to prepare a resolution of denial for the proposed project.
BACKGROUND
Ghafour Mohseni-Pour, the owner of Denny's Restaurant and Robert Fiscus
and Associates, representing Chevron Products, Inc. are requesting a variance
from the Sign Ordinance (Section 114.a and 110.5) for the installation of an
off-site, freeway -oriented pole sign approximately 60 feet tall with a sign
area of 260 square feet. The purpose of the variance request is to allow
the existing restaurant and neighboring gas station to advertise their
businesses with a freeway -oriented sign.
The project site is generally located at the southwest corner of Pathfinder
and Brea Canyon Roads. It is located on a 35,714 square foot lot
developed with a 3,650 square foot restaurant, which was finaled by L.A.
County in 1972. There is also an existing approximately 25' pole sign on
the site which is proposed to be removed. The site is located directly
behind a 15,358 square foot, two-story office building located on a 24,829
square foot site fronting on Pathfinder Road. The site does not have direct
frontage, although it has access and its address on Pathfinder Road.
Access to the site is from a 30' wide ingress and egress easement, which
is located between the office building and the Chevron station site to the
south. Please note that the site data contained on the plans describes the
Chevron site. The subject site is the Denny's restaurant site, because that
is where the sign is proposed.
The Chevron site, which is proposed to be jointly advertised, is located
directly on the southwest corner of Pathfinder and Brea Canyon Roads.
This site is a square-shaped lot (Parcel Map No. 1595), approximately .52
acres in size. It contains a 1670 square foot canopy area with gasoline
2
pumps, and a 2,000 square foot structure housing service bays and the
mini -mart. There are six standard parking spaces and one space for the
Handicapped on the site.
The gas station was approved by the County of Los Angeles in 1971,
under Plot Plan (PP) 32253. In August 1995, Administrative Development
Review (ADR 95-26 was approved, allowing minor interior and exterior
remodeling. Currently, as approved under Sign Review (SR) 95-24 and SR
95-25 this site has an existing 6' monument sign located on the corner in
a landscape planter, wall signs on the fuel island canopies identifying
Chevron and miscellaneous wall signs and decals identifying business services
and fuel pricing.
The General Plan designation for both sites is Commercial Office (CO and
the zoning is Commercial Planned Development (CPD). Generally the following
zones and uses surround the project site: to the north are single family
residential homes with a zoning designation of Single Family Residential (R-1-
8,000); to the south are commercial and office uses located in the CPD
zone; to the east is the Diamond Bar High School within the R-1-7,500
zone and to the west is the Orange (57) Freeway.
DEVELOPMENT REVIEW
Pursuant to the Development Review Ordinance, Section 22.72.020, an
application for Development Review is required for any and all commercial,
industrial, and institutional development which involves the issuance of a
building permit for construction or reconstruction of a structure. Additionally,
projects involving a substantial change or intensification of land use, such as
the conversion of any existing building to a restaurant requires Development
Review. The proposed sign is new construction and is therefore subject to
Development Review.
PROJECT DESCRIPTION
The proposed project is a single, pole sign advertising both Denny's and the
Chevron station. It will be located on the Denny's propeTty, 10' from the
westerly property line which abuts the freeway right of way (the 57 Fwy,
northbound off -ramp at Pathfinder Road). The Chevron site is located on a
separate lot to the northeast of the subject property. The Chevron property
is located approximately 200 feet from the freeway right-of-way and has its
frontage on Pathfinder Road.
The proposed sign will be 57'10" when measured from the adjacent finished
grade. The current Sign Ordinance (Section 106) calculates sign height as
"The vertical distance measured from grade level along the base of the sign
structure to the highest point of the structure."
�j
The current Ordinance defines sign area as "The total exterior surface of a
sign within the single continuous perimeter of not more than eight (8)
straight lines enclosing the extreme limits of writing, representation, emblem
or any figure of similar character, together with any material or color
forming an integral part of the display." In compliance with this definition,
the total sign area is proposed as approximately 260 square feet (257.37').
The sign will be internally illuminated with flourescent tube lighting.
Chevron's sign will be constructed of red, white and blue opaque plastic.
with black lettering. The cabinet supporting the sign faces will be
constructed of steel tubing painted a dark gray. The existing Denny's sign
cabinet and sign faces will be relocated on the proposed sign structure.
The Denny's sign faces are also opaque plastic with a yellow checkerboard
background and red lettering. The sign cabinet is constructed of steel
members painted green. Both signs will be mounted on two, 10" or 12"
square tube steel columns, painted dark gray.
ANALYSIS
State Law
State Planning and Zoning Law (Government Code Title 7, Division 1)
Section 65906 states, "A variance shall not be granted for a parcel of
property which authorizes a use or activity which is not otherwise expressly
authorized by the zone regulation governing the parcel of property. Dan
Curtin in Curtin's California Land Use and Planning Law (1998 edition),
clarifies the intent of this law:
The concept is not that the basic zoning provision is being changed
but that the property owner is allowed to use his property in a
manner basically consistent with the established regulations with minor
variations that will place him in parity with other property owners in
the same zone. Variances are, in effect, constitutional safety valves
to permit administrative adjustments when application of a general
regulation would be confiscatory or produce unique hardship.
Current Code
The Sign Ordinance, Section 114.A (Prohibited Signs), prohibits:
Any off premises or outdoor advertising sign or billboard placed on
private property for the purpose of advertising a business not on the
property upon which the sign is placed.
Section 106 defines outdoor advertising as:
4
A structure of any kind or character erected or maintained for the
purpose of advertising a business, activity, service or product not sold
or produced on the premises upon which said structure is placed.
The proposed sign which would advertise the Chevron station located on a
separate lot, is therefore considered outdoor advertising.
The Planning and Zoning Code, Chapter 22.56 establishes variance
Procedures "to permit modification of development standards as they apply
to particular uses when practical difficulties, unnecessary hardships, or results
inconsistent with the general purposes of this Title 22, develop through the
strict literal interpretation and enforcement of such provisions." A variance
may be granted for sign regulations other than outdoor advertising.
Therefore, in compliance with the Code, a variance cannot be granted for
the proposed sign.
The primary issue regarding this sign is the Code's prohibition of outdoor
advertising and the absence of administration relief allowing the Commission
to grant a variance for this type of sign.
In addition
Ordinance
to this issue,
if off-site signs
were
permitted by the current Sign
and proposed
Development
Code,
a variance would still be
necessary
Further, pole
because the
signs
sign exceeds
the height and area requirements.
are
regulations (a pole sign
prohibited by
is defined
both
the current and proposed
uprights).
as
a sign
supported by one or more
The subject site is located within the Commercial Planned Development
(CPD) and the restaurant is considered a freestanding commercial structure.
According to the Basic Sign Program (Section 108) the restaurant is allowed
to have the following signage:
1. One wall sign per outer wall, with a total area not to exceed
1.25 square feet per lineal foot frontage, to a maximum 125
square feet per use, Signs shall not exceed 80% of the
building frontage.
2. A freestanding monument sign not to exceed 24 square feet in
area or six feet in height.
There are also provisions for canopy and awning signs, windows signs and
government flags.
An exception to the maximum 6' sign height is provided for specific types
of freeway -oriented signs as follows:
a. Such signs are for the purpose of advertising lodging
accommodations on-site.
5
b. It can be demonstrated that wall signage for such lodging
accommodations cannot be located on the building itself in a
manner which is visible to motorists traveling in either direction
along the freeway.
C. The highest point of a freestanding sign may not exceed
twenty-five (25) feet above the height of the guardrail of the
freeway (excluding access ramps) as measured at the point
nearest to the proposed signage.
d. The
maximum dimensions
of the sign face of a freestanding
sign
shall
be eight feet in
height and sixteen feet in width.
These provisions
allow
the sale of food and fuel to be identified on the
sign "if the site
upon
which lodging
accommodations are located contains
businesses engaged in
the sale of food
and fuel in addition to the place of
lodging"
Proposed Code
The draft Development Code Section 22.54.020 establishes the criteria for
variances, allowing the Commission to grant variations from specific
development standards including sign regulations, other than prohibited signs.
The required findings are based on state law and are therefore fundamentally
the same as the existing Code. The proposed sign regulations Sections
22.36.080.K & 22.36.080.N (Prohibited Signs) prohibits off-site signs not
specifically allowed by the provisions of this Chapter, including billboards and
outdoor advertising and pole mounted signs.
Therefore, the proposed sign would not be permitted under the draft
Development Code, and the Planning Commission would not have the
authority to grant a variance for a prohibited sign.
Aesthetic Impacts
The proposed sign, at approximately 60', will more than double the size of
the existing Denny's sign. It will also be considerably taller than any other
sign or structure in the immediate vicinity. For example, the existing office
building on the parcel in front of the restaurant reaches a maximum height
of 38' to the top of the clock tower.
Examples of comparably sized structures in the area include the 60'
telecommunications monopole located at Walnut Pools, and the 70' monopole
at the high-school stadium. The temporary celluar facilility located on the
office site included a 70' monopole.
0
Further, there are single family residences located to the north of, the site
on the other side of Pathfinder Road, generally off of Fern Hollow, these
residences are located in a hillly area, considerably above the grade level of
the project site. The sign will be visible from the rear
se
homes and because it is internally illuminated
night. will be also yards
visiblof e
Existing Freeway -Oriented Signs within the City
Existing freeway -oriented signs within the City were generally approved by
L.A. County and would not be permitted under the City's current or
proposed regulations. These signs are considered "legal nonconforming". In
compliance with the current sign ordinance, legally permitted non -conforming
signs may be allowed to remain for 15 years from the adoption of the
ordinance. The proposed Development Code also contains procedures for the
amortization of legal non -conforming signs, which, once adopted, will
supersede the existing provisions.
There are serveral examples of County approved signs. The Chevron site at
21095 Golden Springs Drive (northwest corner of Golden Springs Drive and
Brea Canyon Road, south of 60 Fwy) includes a sign approximately 40 feet
in height and 150 square feet in area. The permit for this sign was issued
by L.A. County on April 8, 1982 and was finaled on May 20, 1982. The
30 foot pole sign at the Shell station at 3241 S. Brea Canyon Road, was
approved by the County in 1979. The 60 foot pole sign located at the
Arco station at 3302 S. Diamond Bar Blvd. (southwest corner of Brea
Canyon Road and Diamond Bar Blvd.) was also approved by the County
prior to the City's incorporation.
The 60 foot freeway -oriented sign for the Best Western Hotel at 259 Gentle
Spring Lane was approved by the City in 1991 under CUP 91-11, in
compliance with the Sign Ordinance's provisions for freeway -oriented signs
for lodging.
Ski Regulations of Other Cities
In order to assess the applicant's request in the context of other local
ordinances, numerous other local cities were surveyed regarding their
regulations for off-site and pole mounted signage.
Alhambra (June 1989) Section 23.50.020.C.1 Design Standards 1. The sign
primarily identifies the business, establishment, or type of activity conducted
on the same premises, or the product, service, or interest being offered for
sale, rent, or lease thereon. 9. Sign area is not transferable from any one
street or building frontage to any other street or building frontage.
Arcadia (January 1988) Section 9262.43. Signs, General B. Permitted and
Prohibited Signs: Signs of the type listed below which advertise a business
ill
conducted on the premises on which the sign is located are permitted ... All
other signs are prohibited except:, Real estate signs, directional signs,
auxiliary signs.
Brea (Amended April 1996) Section 20.28.190 Location and Height of- Signs -
General A. All signs, except directional of temporary signs, shall be erected
upon the premises sought to be identified by such signs. 22.28.40
Prohibited Signs K. Pole signs.
Buena Park: (Amended April 1997) Section 19.904.050 Prohibited Signs: D.
Off -premises signs (billboards) not including temporary signs which are
otherwise permitted. 19.912.080 Signs Adjacent to Freeway C. The
maximum height of a ground sign adjacent to a freeway shall be 30 feet,
except that a greater height may be authorized by a conditional use
permit... As part of the conditional request for a greater height, the sign
height shall be balloon -tested for visibility and possible impact on surrounding
properties and neighborhoods.
Calabasas: (March 1996) Section 17.30.050 Prohibited Signs E. Billboards
and other off-site signs, except where allowed by Sections 17.30.040
(Exempt Signs), or 17.30.080 (Off -Site Sign Regulations) Permits Off-site
signs as follows: 1. Ventura Freeway Corridor. Within the Ventura Freeway
corridor for the purpose of providing motorists with advance notice of
services available at an upcoming freeway exchange, where approved by Cal
Trans. 2. Highway -oriented businesses. For businesses providing services to
motorists (e.g. hotels/motels, restaurants, vehicle services, etc.) with sign
copy limited to company names and logos only 3. Civic event signs C.
Maximum sign area and height. Determined by the Planning Commission...
Industry (December 1993) Section 15.32.060 Prohibited signs: B. Off-site
signs; C. Pole signs except as permitted for shopping centers.
Montclair (1994) Section 9-7.402 Prohibited Signs (h) Off-site signs, except
temporary subdivision or directional signs as provided for in this chapter.
San Bernardino (May 1991) Section 19.22.060 Prohibited Signs G. Off-site
or billboard signs, except as permitted by Section 19.22.080, which allows
the replacement of existing billboards in specific zones, allows off-site
residential subdivision directional signs.
FINDINGS
in order for the Planning Commission to approve a variance, specific findings
must be made in compliance with Code requirements.
As previously stated in this report, it is not the purpose of a variance to
change the basic zoning provisions for a specific site, but rather to allow
minor variations so that the property owner is allowed to use his property
8
in the same manner as other owners in the same area, in the same zone
and in the same circumstances. It could not be demonstrated that lack of
freeway visibility is a hardship, since there are many other businesses in the
City (including gas stations), that do not have freeway visibility.
While recognizing the gas station's desire to increase business through more
visible signage, particularly from the freeway, a gas station on any other
site in the City would not be allowed to have a on or off-site freeway -
oriented pole sign. Therefore, allowing the proposed pole sign under the
current Code would not only be a Code violation, but would also be
considered a "grant of special privilege inconsistent with the limitations upon
other properties in the vicinity and zone in which the property is situated."
NOTICE OF PUBLIC HEARING
Notice for this project was published in the Inland Valley Bulletin and the
San Gabriel Valley Tribune on April 23, 1998. Public hearing notices were
mailed to approximately 105 property owners within a 500' radius of the
project site.
RECOMMENDATION:
The staff recommends that the Planning Commission consider the information
contained in the staff report and direct staff to prepare a resolution of
denial of VAR 97-1 and DR 98-6.
REQUIRED VARIANCE FINDINGS:
1. That because of special circumstances or exceptional characteristics
applicable to the property, the strict application of the Code deprives
such property of privileges enjoyed by other property in the vicinity
and under identical zoning classification; and
2. That the adjustment authorized will not constitute a grant of special
privilege inconsistent with the limitations upon other properties in the
vicinity and zone in which the property is situated;
3. The strict application of zoning regulations as they apply to such
property will result in practical difficulties or unnecessary hardships
inconsistent with the general purposes of such regulations and
standards; and
4. That such adjustment will not be materially detrimental to the public
health, safety or general welfare, or to the use, enjoyment or
valuation of property of other person located in the vicinity.
9
REQUIRED DEVELOPMENT REVIEW FINDINGS:
1. The design and layout of the proposed project is consistent with the
applicable elements of the City's general plan, design guideline of the
appropriate district, and any adopted architectural criteria for the
specialized area, such as designated historic districts, theme area,
specific plans, community plans, boulevards, or planned developments;
2. Approval of the design and layout of the proposed project is
compatible with the characteristics of the surrounding neighborhood
and will maintain the harmonious, orderly attractive development
contemplated by Chapter 22.72 of Development Review Ordinance No.
5 (1990) and the City's General Plan;
3. The architectural
design of the proposed
project will
not unreasonably
interfere with the
use and enjoyment of
neighboring
existing or future
development and
will not create traffic or
pedestrian
hazards;
4. The design of the proposed project would provide a desirable
environment for its occupants and visiting public as well as its
neighbors through good aesthetic use of material texture and color
that will remain aesthetically appealing and will retain a reasonably
adequate level of maintenance.
5. The proposed project will not be detrimental to the public health,
safety or welfare or materially injurious to the properties or
improvements in the vicinity.
PREPARED BY:
Catherine Johr(son, Senior Planner
ATTACHMENTS:
Application
Plans
Letters "to Applicant Dated February 51 1997 and February 2, 1998
10
�IOt St1R
1..11 C Ut' .V l.-i.�1VrL jj�
C06LilUNTTY DE'rELOP1mNT DEP`RT1tE•tiT
21660 E. Copley Drive Suite 190 Dat Recd r
(909)396-5676Fax (909)861-3117 FeC
VARIANCE APPLICATION Receipt# �� T
By
Record Owner ( s ) (S e e A licant
Attached) pp
Name NEVRC) TIS+
(List name first)
Address P.0 . B O X 2 8 3 3
City LA HABRA
Phone( )_ 694-7 1 0 1
SFi .-
CHFVROV iiSA
(List name first)
P. 0. BOX 2833
LA HABRA
��-�R��
Pho* ) 694-7 1 0 1
L5Q Z
Applicant's Agent
GR VE TED
(Last name first)
2050 S. Santa Cruz,
ANAHEIM
92805
Phone( )714-938-6090
NOTE: It is the applicant's responsibility to notify the Comm
of the Principals involved during the pt�iniS of this case.rtai ty Development Director in
writing of any change
(Attach separate sheet, if necessary, including names, addresses, and signatures of members of
Pis
brpa,joint
directors of corporations.) ventures, and
Consent- I ardfy that I mn
requestthe owne. r of the herein described P ro e
P ►ty and pennU the
applicant 10 file this
Signed / L h 4
(All record owners) Date ` 3 8
Certiftcanort; I, the undersigned,
hereby crrtffy undo that the t
pura[1y ofperjruy >4fonnallon herein
correct 10 the best of my knowledge.
provided is
Printed Name Tin r D " y F
(Applicant or Agent)
Signed
(Applicant or Agent) Date
InLEILinaer Road. Diamond Bar
(Street address or tract and lot number)
between 0 RA N r, F F W Y ( 5 7)
and RRFA CANvnN DRIVE
(Street)
Zoning L- t (Street)
Project Size (givss acres) n. s A r R F S
Project Density
Previous Cases N 0 N E
Present UseofSite_SERVTCE STATION
Use applied for INSTALLATION OF FREEWAY ORIENTED POLE SIGN
THE SIGN
IDENTIFY THE TWO BUSINESSES IMMEDIATELY ADJACENT TO THE FREEWAY.
Domestic Water Source a Company/District ,;
Method of Sewage Disposal x / a Sanitation District N a
Grading of Lots by Applicant? YES NO Amount
(Show necessary gig design on site plan or tent. map)
LEGAL DESCRIPTION (All ownership comprising the proposed lots/project). If petitioning for sone change,
attach legal description of exterior boundaries of area subject to the change.)
Project Site: n 5 A r r P c
Gross Ates No. of Lots
Area devoted to : Structures 15 % Open Space 85%
Residential project: N / A and N / A
Gross Area No. of floors
Proposed Density N / A
Units/Acres
Number and types of Units
Residential Parking: Type
Required N / A Provided N / A
Total Required N /-A Total Provided N / A
RECORD OWNERS:
CHEVRON PRODUCTS, INC.
1300 SOUTH BEACH BLVD.
LA HA;BRA, CA. 90632
ATTN: MARK URBAN
DENNY'S RESTAURANT
21316 PATHFINDER
DIAMOND BAR, CA. 91765
ATTN: GHAFOUR MOHSENI-POUR
RFA
December 16, 1996
City of Diamond Bar
Community Development Department
21660 E. Copley Drive, Suite 190
Diamond Bar, CA 91765
Re. Variance Case Burden of Proof
1 a. Approval of this variance will not adversely effect the health, peace, comfort or
welfare or persons in the surrounding area in any way. The result of
will be the addition of a pole sign. the variance
lb- The installation of this pole sign will not be detrimental to anyone
else in the
vicinity. The pole sign will not effect the existing office building nor the residents
behind the service station.
1 c. The pole sign will not jeapardize, endanger or constitute a menace to the public
health, safety or general welfare. The sign does not pose a threat to anyone or
anything in the general vicinity of the site.
2 The proposed site will not be changed physically due to the installation of the pole
sign. The area of the site in which the proposed sign will be installed is adequate in
size and shape to accommodate any development features prescribed in this
Ordinance. This variance does not include the integration of the said use with any
part of the surrounding area.
3a. The Orange Freeway (57) is immediately adjacent to the site. The exit ramp to
Pathfinder Road and the road itself is sufficient enough to c
traffic that the sign would attract to the station. arry the increase in
3b. All public and private services required and currently being used by the occupants
on the site will not change per the replacement of a new pole sign.
4. There are no special circumstances or exceptional characteristics applicable to
t
property, similar to the other properties immediately adjacent to the freeway.
his
However, numerous other properties similar to the properties involved, are
allowed freeway pole signs (See attached photos).
2050 SOUTH SANTA CRUZ, SUITE 2100 ANAHEINL CALfFURVLA 9280517f4)938-6090 FAX I'I li v �B_,,1 .
This variance is necessary for the preservation of a substantial property right of the
applicant. As was previously mentioned, other stations currently possess the right
to display pole signs to identify their businesses.
The granting of this variance will increase business for the service station and
restaurant. The addition of a pole sign will not be materially detrimental to the
public welfare nor will it be injurious to other properties or improvements in the
vicinity.
Carol Herrera
Mayor
Wen Chang
Mayor Pro Tem
Eileen R. Ansari
Council Member
Robert S. Huff
Council Member
Deborah H. O'Connor
Council Member
Recycled paper
February 2, 1998
City of Diamond Bar
21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177
(909) 860-2489 • Fax (909) 861-3117
Internet: http://,--ci.diamond-bar.ca.us • City Online (885): (909) 860-5463
Laura Becker
Robert Fiscus and Associates
2050 S. Santa Cruz, # 2100
Anaheim, CA 92805
RE: Proposal for Chevron/Denny's sign located at 21324
Pathfinder.
Dear Ms. Becker:
Per our conversation this morning, I have enclosed the applicable
sections of the City's P1920sed Development Code, regarding
freeway oriented signs, which as currently proposed, are only
permitted for the purpose of advertising lodging accommodations.
The City Council will be addressing this section of the proposed
Code at a public workshop on February 17, 1998, tentatively
scheduled for 4:00 p.m. There will also be a
public on
this item at the City Council meeting of April 211,1998eaatng7:00
p. M. These meetings will be located at the South Coast 'A,r
Quality Management District located at 21865 Copley Drive in the
City of Diamond Bar. The time set for the February 17th meet r, ,
is tentative and I would advise calling a few days before t- s
meeting to confirm the time.
If you have any questions, please contact me at (909) 396-5676
Sincerely,
Catherine Johnson
Senior Planner
enclosure
Sign Standards 22. io
C. Illegal signs in the public right-of-way. Illegal signs posted in the public right-of-way or upon public
property may be removed by the Director without notice or hearing. Signs shall be retained by the
City for a period of not less than 30 days. Thereafter, any unclaimed signs may be discarded.
D. Recovery of Costs. When the City is required to remove illegal or abandoned signs in compliance with
this Section, the reasonable cost of the removal may be assessed against the owner of the sign(s).
22:36.120 - Standards for Specific Types of Signs
A. Awning signs
Signs on awnings shall only be located on building frontages, including those
fronting a parking lot or pedestrian way.
2. Signs on awnings are limited to ground level and second story occupancies only.
3. Awnings shall not be internally illuminated. Lighting directed downwards that does
not illuminate the awning is allowed.
B. Freestanding monument signs
1. Signs are allowed only for frontages adjoining a public street.
2. Signs shall not be located closer than 25 feet from a property line, except that a sign
may be located up to 10 feet from an ultimate street right-of-way line.
• 3. There shall be a minimum of 75 feet between two freestanding signs on adjoining
sites to ensure adequate visibility for all signs. The Director may waive this
requirement in situations where its enactment would be impractical due to the
locations of existing signs on adjacent properties.
4. Signs shall not project over public property, vehicular easements, or rights-of-way.
Signs shall not obstruct traffic safety sight areas.
5. Landscaping shall be provided at the base of the supporting structure equal to twice
the area of one face of the sign. For example, 30 sq. ft. of sign area = 60 sq. ft. of
landscaped area.
6. Signs shall contain an Arabic number address plate identifying the projector use
by specific street address. The address plate shall not exceed four square feet of sign
face area. Numbers shall be a minimum of three inches in height and shall be
clearly visible from the adjacent street. Address plates shall not be
calculated against the permitted sign face area.
C. Freeway -oriented signs. On-site freestanding signs may be permitted by Conditional
Use Permit in lieu of wall signs when they are visible from and adjacent to a freeway
right-of-way in compliance with the following:
1. Signs are only for the purpose of advertising lodging accommodations;
Diamond Bar Development Code Article III - Site Planning
III -141
Hearing Draft -December 9, 1997
Sign Standards
2_2.36
2. It can be demonstrated that wall signage cannot be located on the buildin
a manner that they will be visible to motorists traveling g itself in
freeway; $ in either direction along the
3. The highest point of a freestanding sign shall not exceed 25 feet•
the freeway (excluding access ramps) as measured at the point nearestetgohthe
proposed sign; and
4. The maximum dimensions of each sign face shall be 8 feet in height and 16 feet in
width. If the site upon which lodging accommodations are located contains
businesses engaged in the sale of food and fuel in addition to the place of ld 'ng
these uses may also be identified on the freeway sign provided that:
g7 ,
a. No more than one use of each type is identified;
b. Changeable copy signage is not allowed;
c• The mAximum size permitted for the freestanding sign is not exceeded; and
d• No wall signs are visible from the freeway for uses identified on the freestanding
g
D. Marquee signs.
1. Signs shall be mounted only on the front or sides of a marquee, or sus •
pended below.
2• .Signs shall not project more than six inches from the face of a marquee.
3• Signs shall not extend above the top of a marquee.
4. A clear distance of eight feet shall be maintained from the low
est part of a suspended
I to the ground below.
E. Neon signs and architectural lighting. The use of neon tubes for signs
elements shall be permitted in commercial zoning districts only subjcto the or architectural
g
1. Neon signs and linear tubing shall be UL
gn
maximum 20 amps per circuit and be designed to ccomm date aries) listed with a
to reduce the brightness of the neon; dimmer in order
2. The neon manufacturer shall be registered with Underwriters Laboratories;
3. Neon tubing shall not exceed one half inch in diameter;
Diamond Bar Development Code
Hearing Draft - December 9 1997
. Amid
e III - Site Planning
III -142
•
sign z)tanaaras
D. That the proposed structure, sign or display will be designed, constructed, and located
so that it will not constitute a hazard to the public; and
E. That the proposed sign is not designed to be viewed from a freeway, unless specifically
provided for under the terms of this Chapter.
22.36.080 - Prohibited Signs
The following signs are inconsistent with the purposes and standards of this Chapter and are,
therefore, prohibited in all zoning districts:
A. Abandoned and/or dilapidated signs and sign structures;
B. Animals or human beings, live or simulated, designed or used so as to attract attention
to the premises.
C. Animated, moving, flashing, blinking, reflecting, revolving, or other similar signs, except
time/ temperature devices and barber poles and signs or decorations commemorating a
National, State, or local holiday;
D. Banners, streamers, and pennants, except as specifically allowed by the provisions of
, 22.36.120.E
E. Bench signs, except at approved bus passenger loading areas;
F. Changeable copy signs, except as approved for a civic organization/ institution, place of
worship, movie theater, or gasoline pricing sign;
G. Electronic reader board signs, except time/ temperature devices;
H. Inflated signs, balloons, and figures except as provided in 22.36.120.F.2.;
I. Neon signs, except as approved through a Comprehensive Sign Program;
J. Obscene or offensive signs containing statements, words, or pictures of an obscene,
indecent or immoral character which appeal to the prurient interest in sex, or which are
patently offensive and do not have serious literary, artistic, political, or scientific value;
K. Off-site signs not specifically allowed by the provisions of this Chapter, including
billboards and outdoor advertising;
L. Painted signs on fences, walls, or roofs;
M. Portable signs, except as approved through a Comprehensive Sign Program;
N. Pole -mounted signs;
O. Price signs, except for service stations;
Article III - Site Planning
Diamond Bar Development Code III -138
Hearing Draft - December 9, 1997
•
•
Robert S. Huff
Mayor
Carol Herrera
Mayor Pro Tem
Eileen R. Ansari
Council Member
Clair W. Harmony
Council Member
Gary H. Werner
Council Member
Receded Piper
City of Diamond Bar
21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765-4177
(909) 860.2489 • Fax: (909) 861.3117 • City Online (885): (909) 860-5463
Internet: http://www.ci.diamond-bar.ca.us
February 5, 1997
Andrea Fiscus
Robert Fiscus and Associates
2050 S. Santa Cruz, #2100
Anaheim, CA 92805
RE: VAR 97-1, For a Chevron/Denny's freeway sign located at
21324 Pathfinder, Diamond Bar.
Dear Ms. Fiscus:
Thank you for the submittal of the above mentioned
Based upon Monday's phone conversation, it is m project.
that Chevron wishes to proceed with project Y understanding
Processing.
In order for the application to be deemed complete, the property
owner's signature and the subject pro ert 'sDenn s
owner must be listed on the application (included si1ea record
application for this information, to be returned to the City).
As we have previously discussed,
proposed variance because it a staff cannot support the
will not be able to make the pfindings anecessary tot the approve
this
i is
request. Y pprove this
Further, since our last discussion, additional staff research has
revealed other difficulties associated with this project, outlined as
follows.
The proposed
regulations.
application is a
However,
request for
a variance from the sign
22.56.260.1.
the
prohibits
Planning
and Zoning Code Sec.
variance requests for the modification of
"outdoor advertising." Sec. 22.08.190
as ';any sign
directing public
attention
defines. outdoor advertising
that is not a
primary business...
conducted
to a business... or service
or
offered on the
Chevron Sign, City of
Diamond Bar
February 5, 1997
Page 2
premises where such
sign is erected or maintained." Because thF,
proposed Chevron sign is on the Denny's property it is considerea
outdoor advertising.
If the applicant still
chooses to pursue this request, a Code
amendment would be
required, either amending the Variance chapter
to allow requests for
variances for outdoor advertising or the Sign
Ordinance, amending
the section which prohibits off -premise or
outdoor advertising
signs. In order to apply for a Code
amendment, a separate application is required along with an
additional deposit of
$2,000.00. Further, a Code amendment is
reviewed before the
Planning Commission and the City Council,
adding additional processing
time.
Even with the Code amendments, the height and type of sign
proposed do not comply with City regulations. The sign ordinance
permits a maximum 6' height for freestanding signs and freeway
oriented signs are only permitted for advertising on-site lodging
accommodations. Therefore, a variance would still be required to
modify these regulations.
Finally, assuming that the applicant is willing to apply for a Code
amendment and a variance, the issue of being able to make the
findings still exists.
In conclusion, while staff appreciates and recognizes the applicant's
desire to create more visible business advertising, the Community
Development Department cannot encourage pursuit of this request
as it will be timely, costly and is unlikely to be approved.
The Community Development Department is requesting a letter from
Chevron, stating their intent to either proceed with this request or
Chevron Sign, City of Diamond Bar
February 5, 1997
Page 3
withdraw the application. Until a letter is received, this project will
be placed on hold.
If you have any questions, please contact me at (909) 396-5676.
Sincerely,
Catherine Johnson
cc, Chevron
enclosure
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EXISTING DENNY'S
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