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HomeMy WebLinkAbout7/14/1998PLANNING OMMISSION � AGENDA July 14, 1998 700 P.M. South Coast Air Quality, Management District Auditorium 21865 East Copley Drive Diamond Bar, California Charrman Y"ce Chairman er Commissioner Commissioner Joe McManus Steven Tye George Kuo Steve Nelson Joe Ruzlcka Copies of staf" reports or other written documentation relating to agenda items are on file in Division of the Dept, of Community &Development Servicex located at 21660 � Co Ie Dr• the Planning and are available for public inspection. If you have questions regarding an age Coptem, please cal 190 (909) 396-5676 during regular business hou. II In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Ac City of Diamond Bar requires that any person in need of an t t of 1990, the accomodadon(s) 1'n order to communicate ata Ci Y type of special equipment, assistance or meeting must Development ,Services at (909) 396-5676 a � ni Ulm f 7l hours prioroto the rm theept of Community 6c scheduled meeting. . • _....... Hey, Mung or in the Auditorium The City and Of Diamond Bar uses rec)e(ed paper encoumges you to do the same. City of Diamond Bar Planning Commission MEETING RULES to the public. A member of the public may address 7'6e meetings of the Diamond Bar Planning Commission are open items and/or other items of which are within the subject matter the Commission on the subject of one or m ion A request to adds Commission should be submitted in jurisdiction of the Diamond Bar Planning writing at the public hearing, to the Secretary of the Commission. for public comments will take place at the discretion of the Chair. However, in order A: a general rule the opportunity parties for an item may be requested to give their presentation at the- to he to facilitate the meeting, persons calendar � C� m ' public input to five minutes on ny item; or the limit individual p nesting to time the item is called on for public testimony based on the number Poop Chair may limit the total amount of tune allocated Weak and the business of the Commission Comments and questions 1rdbviduals are requested to conduct in a professional and buisinessliko moons to the staff and arc welcome so that all points of view are considered prior to the Commission making Cin• Council• with public Code Section 54954.3(a) the Chair may from time to time dispense In accordance withGovernmentst,�� by the fission. comment on items p Y ted at least 72 to be acted on by the Commission must be posted in accordance with State isaw (Brown Act), all math enct or when a subject matter arises subsequest to the posting hours prior to th6 Commission meeting* case °f eatierg posted agenda. or the agenda, upon mag certain , the Commission may act on item that is not on the po _�- ircnTAl►T the Planning Division of the Community ,agendas for Diamond Bar Planning Commission moorinINIFU gs are prepared by or to the meeting at City Hall and the and Development Services Department. Agendas are available 72 hours Plow. public library, and may be accessed by personal computer at the number Of the Planning Commission is record on cassette tapes and duplicate tapes are available for a nominal Every meeting o charge. `,`,� cannot access the public speaking A cordless microphone is available for those persons w'th �ility �P vin notice at hone and sign language interpreter seivtces are available by giving area. The service of theinadvance cordless of the meeting. Please telephone (909)396-5676 between 8:OOa.m and S:OOp.m least three business days Monday through Friday. 's of the Commission, Cassette Tapes o 909 396-5676 Rules Meetings ( ) Copies of Agenda, enders (909) 860 -LINE Computer Access g396-5676 General Agendas (909)396-5676 email: info@ci.diamond-bar.ca.us CA NLVG CO�ftSSjp F D�OND BSN Tuesday, July 14, 1998 AGENDACALL TO ORDER: PLEDGE OF LEG �' � P m 1• Rply �' Next Resolution No. 98-17 CALL. COMMISSIONS 2• Tye' Joe Ruzicka OTTERS FROAf , George Kuo,JOe McManus, Vice T,M AUD and Steve Nelson. Chairman Sre� This is the time �NCE/PUBLIC C son. O IS widlin their . afor the genera to addressANTS: JUrisdi public allowing the public an op p e members Of the PI ty to speak on no puab c 9 Conlan - on an hearing and non -aged i e t 3. APPROVAL OF AG ******** 4. �`�: Chairman CA"NDAR. The following ingle Items listed on motion. Consent the consent calen Commission only: calendaz items are considered routine from and 4.1 Minutes m the agenda are ed by a Of June 23, 1998 by reequestquestof the S. OLD BU MSS: None H' BUSM-3S: None CONTINUED PUBLIC DARING PUBLIC HEARING: None 8.1 Extension of 22� No140 . 92-1 and for Approved er T _ Tentative approval d22-56.2250) 1 request No. 95-2 5 2 (pursuant No• 23382 Conditional Of a 2.S5 a 20, 1995. for a one to Code Sections 21 nal Use Project site acre parcel within a s7he approval Permitted extension of of 40.280, contain gnificant a four l time the City�s also includes a r ed one ° tree ecological of residential the re e9uest to be preserved and hillside mana subdivision moval of the amend the Oak T and protected. gement area. The trees. one oak tree and its ree Permit. The proposed a extension of time replacement at a 4:1 ratio Of involves ]uly 14, 199s _ with 24 inch box aalt p�NNlNG COMMISSION qG�q MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMIVIISSION JUNE 23, 1998 CALL TO ORDER: Chairman McManus called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL CALL: Present: Chairman Joe McManus, Vice Chairman Steve Tye, and Commissioners George Kuo, Steve Nelson and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, Catherine Johnson, Senior Planner, and Ann Lungu, Associate Planner. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1• Minutes of June 9,199s. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of June 9, 1998 as Presented. Motion carried 4-0-1 by Roll Call vote with VC/Tye abstaining. OLD BUSINESS: 1• Development of Planning Commission Goals. DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission discuss the five proposed Planning Commission Goals and direct staff accordingly. DCM/DeStefano responded to VC/Tye that there are currently two items of concern with respect to the Wireless Telecommunications Ordinance: The Darrin Drive temporary approval which expires the middle of August and the extension of the Interim Ordinance that regulates the placement of wireless telecommunications facilities. Chair/McManus asked if the current sites provide adequate service throughout the city. �r JUNE 23, 1998 PAGE 2 rder DCM/DeStefano explained that there are dead spots aboutthe Grand ADiamond venn south to the 57n tthe SR 60 and on Diamond Bar Boulevard from DCM/DeStefano responded to C/Ruzice D athat Drive application which was cloof the approximately 18 sest and ons of telecommunications installations, only t most visible to a single family neighborhood, has created controversy within the community. Responding to VC/Tye, DCM/DeStefano explained that the Torrito Lane facilities at Golden ni Springs Drive were installed prior fconstruction andtth �yaece�ved no comments. um u ts. The neighborhood residents were notified DCM/DeStefano explained to VC/Tye that statute ues to se its Housing Element on a five year basis. The fates date for the Southern California c revise their Housing Elements is by June 30, 1999. Following discussion, the Planning Commission concurred to accept the five goals as recommended by staff. NEW BUSINESS: 1. Planned Sign Program No. 98-2 is are o s roposed lto�be ed Sins�tialledgundero this an existing commercial center. There nosignsp application. Property Location: Town Center Village 1235 Diamond Bar Boulevard (southwest corner of Grand Avenue and Diamond Bar boulevard) Diamond Bar, CA 91765 Applicant: American Stores, Inc. 6565 Knott Avenue Buena Park, CA 90620 Property Owner: Diamond Bar Grand LLC 2717 W. Coast Highway Newport Beach, CA 92663 DCM/DeStefano stated that staff recommends that the Planning Commission table this item in accordance with the applicant's request. C/Ruzicka moved, VC/Tye seconded, to table Planned Sign Program No. 98-2. Motion carried 5-0 by Roll Call vote: JUNE 23, 1998 PAGE 3 CONTINUED PUBLIC HEARING: 1• General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4 (pursuant to Code Sections Title 21 - Subdivision, Hillside Management Ordinance No. 7 (1992) and Part 16-22.26 Oak Tree Permit). The subject request proposes to change the General Plan land use designation for 5.88 acres within a 132 acre parcel located in a gated community identified as "The Country Estates". The land use designation will change from Open Space to Rural Residential remaining 126.12 acres will continue as Open Spm . The The proposal includes: Subdividing the single family custom homes; the removal and replacement of oak and walnut trees, and 5.88 acres into four lots, each a minimum of one acre, for the eventual development of four removal of a map restriction. Continued from April 28, 1997. the Property Address: Easterly side of Blaze Trail across from the intersection of Timbertop Lane. Property Owner/ Diamond Bar Country Estates Association Applicant: 22615 Lazy Meadow Drive Diamond Bar, CA 91765 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission receive and file the applicant's withdrawal of General Plan Amendment No. 96-1, Tentative ;Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4. Chair/McManus opened the public hearing. There was no one present who wished to speak on this item. Chair/McManus closed the public hearing. C/Ruzicka moved, C/Kuo seconded, to Receive and File the applicant's withdrawal of General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit NO. 96-4. PUBLIC HEARING: 1• Variance No. 95-2- and Development Review No. 96-1-1 (pursuant to Code Section 22.56.400 and 22.72.160) is a request for a two year extension of time of the Planning Commission approval dated June 24, 1996. The Variance approval permits the construction of'four retaining walls (crib walls) with interjacent planters, within the rear of the project site. The maximum approved height of three walls is eight feet and maximum height of one wall is six feet. The Development Review approval permits the construction of an 8,334 square foot two-story single family residence with a cellar, deck, Pool/spa and four car garage. The exl.ension of time request does not alter the approved project's development standards. f v JUNE 239 1998 PAGE 4 Project Address: 1729 Derringer Lane Diamond bar, CA 91765 Property Owner/ Jeffrey and Eddy Hu Applicant: 2945 Rio Lempa Drive Hacienda Heights, CA 91745 AstP/Lungu presented staffs report. Staff recommends that the Planning Commission of time for Variance No. 95-2-1 and Development Review No. approve a one year extension 96-1-1 subject to the Findings of Fact and conditions of approval listed within the resolution. Chair/McManus opened the public hearing. There was no one present who wished to speak on this item. Chair/McManus closed the public hearing. C/Ruzicka moved, C/Kuo seconded, to approve i lne year sub'ect tonsion of time for the Findings of Fact an No. 95-2-1 and Development Review No. 96- ) conditions of approval listed within the resolution. 2. Development Review No. 98-7 (pursuant to Code Section 22.72.020.A.4 and 22. square.040) is a request to convert a 2,000 square foot vacant retail unit to a cafe/deli with 1, feet devoted to restaurant facilities. The Development Review process is required due to the conversion of a vacant retail unit to a more intensified use - restaurant. Property Address: 1241 Diamond Bar Boulevard Diamond Bar, CA 91765 Property Owner/ Diamond Bar/Grand LLC Applicant: 2717 W. Coast Highway Newport Beach, CA 92663 AstP/Lungu presented staffs report. Staff recommends that the Planning Commission approve Development Review 98-7, Findings of Fact and conditions as listed within the resolution. Chair/McManus opened the public hearing. Paul Ho, stockholder and director for the proposed forlunch and�dinner.ated hat the proposed use is Respond'ing to C/Tye to accommodate families and business peopleDeliveries will be made he said he is not concerned about the availability of client parking. lot. at the rear entry and will not interfere with the public traffic in the parking Mr. Ho responded to VC/Tye that his establishment will not serve alcoholic beverages. JUNE 23, 1998 PAGE 5 Responding to C/Kuo, Mr. Ho explained that the City of Industry facility and the proposed Diamond Bar facility are about the same size and each store will serve approximately 60 customers. Chair/McManus closed the public hearing. VC/Tye responded to concerns expressed by Winton A. Scott, 13672 Tea House Street, Santa Ana in a letter addressed to the City's Planning Division regarding the proposed project. Following discussion, C/Ruzicka moved, C/Kuo seconded, to approve Development Review 98-7, Findings of Fact and conditions as listed within the resolution. Motion carried 5-0 by the following Roll Call vote: AYES: COMMISSIONER& Kuo, Nelson, Ruzicka, VC/Tye, NOES :chair/McManus COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING'COMMISSION COMMENTS: None INFORMATIONAL ITEMS: DCM/DeStefano stated that the City Council approved the 1998/1999 Fiscal Year Budget at its June 16, 199E meeting. With respect to speed humps, he reported that this matter has been considered on several occasions by the Traffic and Transportation Commission which concluded that speed humps would not be appropriate in the City of Diamond Bar. With respect to Goldrush Drive, the Traffic and Transportation Commission requested that the City's Engineering Division continue to pursue mitigation efforts to slow the traffic on the street. 1• Development Code Update: SP/Johnson presented the Development Code update. She stated that on June 16, 1998, the City Council approved First Reading of the Development Code. Second Reading is scheduled for July 21, 1998 which will render the Development Code effective on August 21, 1998. DCM/DeStefano stated that SP/Johnson has accepted a position as The City Planner for the City of Azusa. He spoke about her achievements while a Senior Planning with the City of Diamond Bar and wished her success in her new position. Chair/McManus thanked SP/Johnson for her service to the Planning Commission and to the City of Diamond :Bar. SCHEDULE OF FUTURE EVENTS as listed in the agenda. JUNE 23, 1998 PAGE 6 ADJOURNMENT: C/Ruzicka moved, C/Kuo seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 8:00 p.m. to July 14, 1998. Respectfully Submitted, James DeStefano Secretary to the Planning Commission Attest: Joe McManus Chairman AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNERS/APPLICANT: BACKGROUND: City of Diamond Bar PLANMNG COMMSSION Staff Report 8.1 July 6, 1998 July 14, 1998 Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Oak Tree Permit No. 95-2 and Mitigated Negative Declaration No. 95-2 A one year extension of time. Additionally, the request includes amending Oak Tree Permit No. 95-2. 3,000 Block (north side) of Steeplechase Lane, at the terminus of Hawkwood Road, adjacent to "The Country Estates" Diamond Bar, CA 91765 Warren Dolezal The Dolezal Family Limited Partnership 4251 S. Higuera Street San Luis Obispo, CA 93401 The property owner/applicant, Warren Dolezal, is requesting a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Oak Tree Permit No. 95-2. The extension's purpose is to allow the property owner/applicant additional time to obtain a final map. The project site is located at the 3,000 Block (north side) of Steeplechase Lane, at the terminus of Hawkwood Road, adjacent to "The Country Estates". It has a General Plan Land Use designation 1 of Low Density Residential -Maximum 3 Dwelling Units Per Acre (R-1- 3DU/Acre). The project complies with the General Plan in that the proposed density is 1.56. dwelling units per acre. The project site is zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000). The project complies with the zoning in that the minimum lot size is 23,958 square feet. Generally, the following zones surround the project site: to the north is the R-1- 20,000 Zone and the Commercial -Recreational (C-R) Zone; to the south is the R-3-8,000 Zone; to the east is the R-1-20,000 Zone; and to the west is the R-1-9,000 Zone. The approved project will subdivide a 2.55 acre parcel into four residential lots for the eventual development of four custom single family residences ranging from 4,000 to 8,000 square feet. Lots will vary in size from .55 to .90 acres as delineated in the matrix below. LOT NUMBER GROSS ACRES/ SQUARE FOOTAGE NET ACRES/ SQUARE FOOTAGE PAD ACRES/ SQUARE FOOTAGE 1 .90/39,204 .62/27,001 .14/6,098 2 .55/23,958 .55/23,958 .13/5,663 3 .55/23,958 .55/23,958 .15/6,534 4 .55/23,958 .55/23,958 .14/6,098 TOTAL 2.55/111,078 2.27/98,875 .56/24,393 The referenced project was first presented to the Planning Commission on April 24, 1995. On May 22, 1995 the Planning Commission recommended approval of this project to City Council. On June 20, 1995, the City Council approved this project. ANALYSIS - EXTENSION OF TIME: The project was approved by City Council on June 20, 1995. The approval was valid for two years and was required to be exercised within that two year period or it would expire. The approval was not exercised. In 1996, the Subdivision Map Act was amended. At that time, if a map had not expired by May 14, 1996, it automatically was extended one year. Additionally, any permits issued in conjunction with a tentative map shall expire no earlier than the approved map. As a result, Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 expired on June 30, 1998. Prior to the map's expiration, upon an application by the subdivider to extend the map, the map shall be automatically extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. The K extension of time request for this project was submitted before Vesting Tentative Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 expired. The extension of time request does not alter the map's design or any standards or conditions of approval related to the subdivision or the Conditional Use Permit. However, the time extension request includes amending Oak Tree Permit No. 95-2. The approved Oak Tree Permit application requires the preservation and protection of one multi -trunk oak tree (two trunks, approximately 116 inches in circumference, measured 42 feet above the mean natural grade, with a canopy approximately 50 inches in diameter) located within the front portion of Lot 3, adjacent to the side lot line: shared by Lots 3 and 4. However after the Map's approval, it was brought to the City's attention that the oak tree was located within the front portion of Lot 3, but in the center of the lot 2(se:e Rough Grading Plan exhibit). Additionally, the tree is located within a landslide area. In order to mitigate the landslide area with the required buttress fill as prescribed by the City's engineering consultant performing the grading plan check, the oak tree must be removed. The possible relocation of the oak tree was discussed by an environmental consultant employed by the City. It was determined that this oak tree's chance of survival would be slim because of its large size. Therefore, the oak tree is proposed to be removed. It is required that this oak tree be replaced at a 4:1 ratio and with 24 inch boxed oak trees. The replacement oak trees will be located as follows: Lot 2 - two located adjacent to the front property line and each side property line; Lot 3 - one located adjacent to the front property line and southerly side property line; and Lot 4 - one located adjacent to the front property line and southerly side property line. Currently, the applicant is achieving progress toward final map approval. However, primary issues relating to access on Steeplechase Lane and access through "The Country Estates" gates must be resolved before final map approval. The project site is not within "The Country Estates". It is adjacent to "The Country Estates". As a condition of approval, prior to the final map, the applicant is required to make a bona fide annexation application to "The Country Estates" Association, which the applicant has done. The project site is not part of the TADCO agreement. As such, access through "The Country Estates" is not available to the project site. Additionally, the project site does not have access on Steeplechase Lane. However, in a recent court decision, the applicant states that an easement over Steeplechase Lane has been granted. The City is requiring written verification of the court's decision. Another issue relates to Lot 1's access. The applicant is required to specify Lot 1's access on the map exhibit. The applicant is working toward resolving the referenced issues and compliance with all conditions of approval. In.order to accomplish this, the one year extension of time is needed. Compliance with all conditions of approval and resolving the referenced issues to the City's satisfaction is required before the final map approval. 3 ENVIRONMENTAL ASSESSMENT: Pursuant to the guidelines of the California Environmental Quality Act (CEQA), Mitigated Negative Declaration No. 95-5 was prepared and adopted by the City Council on June 20, 1995. Due to the removal of one oak tree, this environmental document (pursuant to CEQA section 15162) was amended to reflect issues related to the removal and replacement of the one oak tree. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Tnland Valley Dai v nullet;n and the San Gabriel Valley Tribune on June 19, 1998. Public hearing notices were mailed to approximately 71 property owners within a 500 foot radius of the project site on June 15, 1998. RECOMMENDATIONS: Staff recommends that the Planning Commission recommend approval to City Council of a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2, Amended Mitigation Monitoring Program, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: - 4 4o� +Ann.ngu ss fate Planner Attachments: 1. 2. 3. 4. 5. 6. 7. Draft resolution for the extension of time; t-,ity Council Resolution No. 96-36 and Resolution No. 96-37 approved June 20, 1995; Tentative Parcel Map No. Rough Grading Plan; Extension of Time requests Correspondence dated July and Correspondence dated July 23382; dated May 8, 1997 and May 12, 1998; 6, 1998 from Diamond Bar Associates; 7,1998 from Robert E. Knudsen. 4 PLANNING COMMISSION DRAFT RESOLUTION NO. 98 -gyp{ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECO14-IENDING APPROVING TO CITY COUNCIL FOR A ONE YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 23382, CONDITIONAL USE PERMIT NO. 93-1, AMENDED OAK TREE PERMIT NO. 95-2, AMENDED MITIGATED NEGATIVE DECLARATION NO. 95-2 AND AMENDED MITIGATION MONITORING PROGRAM. THE PROJECT SITE IS LOCATED AT THE 3,000 BLOCK (NORTH SIDE) OF STEEPLECHASE, AT THE TERMINUS OF HAWKWOOD ROAD, DIAMOND BAR, CALIFORNIA. A. RELIT t a, 1. The property owner/applicant, Warren Dolezal of The Dolezal Family Limited Partnership, has filed an application for a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2. The request also includes an amendment to the Oak Tree Permit, to Mitigated Negative Declaration No. 95-2 and to the Mitigation Monitoring Program. The project site is located at the 3,000 Block (north side of Steeplechase Lane, at the terminus of Hawkwood Road), Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Extension of Time, Amended Oak Tree Permit shall be referred to as the "Application". 2'. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed Extension of Time and 1 B. Z*Ajq!� Amended Oak Tree Permit are consistent with the G Plan. 4. The Planning Commission of the City of Diamond Bar on July 14, 1998 conducted a duly noticed public hearing on the Application. S. Notification of the public hearing for this project has been made in the San c'aLr' VallPv Tribunes and Tnland Valley Dai lv guy 1e i n newspapers on June 19, 1998. Seventy-one property owners within500 foot radius of the project site were notified by mai 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. Pursuant to the guideline of the California Environmental Quality Act (CEQA), Mitigated Negative Declaration No. 95-5 was prepared and adopted by the City Council on June 20, 1995, along with the approval of Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Oak Tree Permit No. 95-2 and the Mitigation Monitoring Program. Due to the removal of one oak tree, Mitigated Negative Declaration No. 95-5 was amended, pursuant to CEQA Section 15162, in order to address issues related to the removal and replacement of the one existing oak tree. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The Application relates to a project approved by the City Council on June 20, 1995. The approved project will subdivide a 2.55 acre parcel into four residential lots for the eventual development of 2 four custom single family residences ranging t,,Cr 4,000 to 8,000 square feet. Lots will var in from .55 to .90 acres. Y size (b) The project site has a General Plan Land Use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (R-1-3DU/Acre). It is zoned Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000.). (c) Generally, the following zones surround the project site: to the north is the R-1-20,000 Zone and the Commercial -Recreational (C-R) Zone; to the south is the R-3-8,000 Zone; to the east is the R-1-20,000 Zone; and to the west is the R-1-9,000 Zone. (d) The City Council approval for the presented project expires June 20, 1995. However, due to the 1995 Subdivision Map Act amendment, the project received an automatic one year extension of time. As a result, the project's approval expired June 20, 1998. Prior to the project's expiration, the applicant requested an extension of time, in writing, to the City. As a result, the project's approval was automatically extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever occurs first. (e) The extension of time request does not alter the map's design or any standards or conditions of approval related to the subdivision or the Conditional Use Permit. However, the time extension request includes amending Oak Tree Permit No. 95-2. The City Council approval included preserving and protecting the one existing oak tree located on Lot 3. Now the applicant is seeking to amendment the Oak Tree Permit approval by removing the one existing oak tree. OAF TR .F, p R= (f) The proposed construction or proposed use will be accomplished without endangering the health of the remaining trees, if any, on the subject property. The project site contains one oak tree located on Lot 3, adjacent to the side property line shared by Lots 3 and 4. Therefore, the proposed construction or proposed use will be accomplished without endangering the health of the remaining trees, because there are no remaining trees on the subject property. 3 t' S ; F; Y r'° fir► (g) The removal or relocation of the oak tree(s) proposed will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated. Erosion will be readily controlled by various management practices and techniques though an erosion control plan and NPDES permit. The grading permit and NPDES permit is designed to insure that potential erosion effects are maintained at a level of insignificance. Therefore, the removal of one oak tree will not result in soil erosion through the diversion or increased flow of surface waters which cannot be satisfactorily mitigated. (h) The removal or relocation of the oak tree(s) proposed is necessary as continued existence frustrates the planned improvement or proposed use of the subject property that placement of such tree(s) precludes the reasonable and efficient use of such property. The oak tree is located within the front portion of Lot 3, in the center of the lot. Additionally, the tree is located within a landslide area. In order to mitigate the landslide area with the required buttress fill as prescribed by the City's engineering consultant performing the grading plan check, the oak tree must be removed. The possible relocation of the oak tree was discussed with an environmental consultant employed by the City. It was determined that this oak tree's chance of survival would be slim because of its large size. Therefore, the oak tree will be removed. It is required that this oak tree be replaced at a 4:1 ratio and with 36 inch boxed oak trees. The replacement oak trees will be located as follows: Lot 2 - two located adjacent to the front property line and each side property line; Lot 3 - one located adjacent to the front property line and southerly side property line; ao4lineone located adjacent to the front property and southerly side property line. Therefore, the removal of the oak tree is necessary as continued existence frustrates the planned improvement of the subject property. However, tree replacement will be done as referenced above. 5. Based on the findings and conclusionssthe set forth above, the Planning Commission hereby app ation subject to the following conditions: (a) Tentative Parcel Map No. 23382 shall be developed in 4 substantial conformance July 1998, labeled Exhibit "A"oandans Exhibitd"Bit - 14, Mitigation Monitoring Program dated March 1995 and Amended Mitigation Monitoring Program date June 1998, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the con- struction, 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) All conditions of approval listed within City Council Resolution No. 95-36 and Resolution No. 95- 37 shall remain in full force and effect unless amended as a part of this action. (d) Applicant shall replace the one existing oak tree which is cited for removal at a 4:1 ratio with 36 inch boxed oak trees. The replacement oak trees shall be located as follows: (1) Lot 2 - two located adjacent to front property line; (2) Lots 3 - one located adjacent to front property line; and (3) Lot 4 - one located adjacent to front property line; Oak trees shall be planted when grading is completed. Planting shall be supervised by a certified and licensed landscaper, arborist or biologist. (e) Applicant shall protect and preserve the four replacement oak trees pursuant to the City's Oak Tree Permit process and as follows: chain link fencing, with a minimum height of 4 feet, shall be installed 5 feet outside each tree's drip line or 15 feet from each tree's trunk, whichever is greater. Fencing shall be installed immediately after the oak trees' planting and shall remain during the 5 construction of the homes. Fencing shall not be remove until each home has receive final Planning Division inspection or Certificate of Occupancy. (f) Replacement oak trees shall be maintained in perpetuity with a 100 percent survival rate. Replacement oak trees shall be monitored for a 5 year period with periodic inspections and reports submitted to the City. (g) Planting material which may be installed within the replacement oak trees' drip line shall be drought tolerant only. Irrigation shall be installed in conjunction with the oak trees' planting. Irrigation installed within this area shall be erial. appropriate for drought tolerant planting (h) Applicant shall provide periodic inspections, by a certified and licensed landscaper, arborist or biologist shall occur quarterly the first year, semi-annually the second year and annually for the third, fourth, and fifth year. (i) The future homeowners' shall receive a "Buyers' Awareness" Package at escrow, with a signed receipt from the future homeowner, submitted to the City, acknowledging the future homeowner's receipt of the package. This package shall include proper care and maintenance of the replacement oak trees. (j) This grant is valid for one year from June 20, 1998 to June 20, 1999 and shall be exercised (i.e. construction started) within that period or the grant shall expire. (k) This grant shall not be effective for anypurpose 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 Development 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. (1) 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 2 LL L project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Warren Dolezal, The Dolezal Family Limited Partnership, 4251 S. Higuera Street, San Luis Obispo, CA 93401. APPROVED AND ADOPTED THIS 14TH DAY OF JULY, 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 by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of July, 1998, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 7 THE DOLEZAL FAMILY LIMITED PARTNERSHIP 4251 South Higuera Street, Ste 100, San Luis Obispo, California 93401 (805) 544-3990 FAX (805) 544-3994 8 May 1997 N Mr. James DeStefano, Director Ms. Ann J. Lungu, Assistant Planner Community Development Department City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 RE: Tentative Map 23382 (TPM 23382) and City Council Resolutions No. 95- 36 and 95-37 Dear Mr. DeStefano and Ms. Lungu, An additional one year extension to the approvals we received by City Council Resolutions No. 95-36 and 95-37 on June 20, 1995 is requested. At the same time we would like to have the question that if the one existing, Non heritage, Oak tree has to be removed to comply with conditions No. 14, and 15 in Section B, Public Works Department, Grading to provide the buttressing required by the approved geology plan, we would like approval to replace that tree with two (2) 36 inch box Oak treses at locations to be determined by the Planning Director upon grading final completion. It is also requested that in resolution 95-37 the Resolution Statement 4(t) "Oak Tree Permit" be slightly revised to read as follows: "The proposed project will be accomplished without endangering the health of the remaining oak tree or suitable replacement trees (two 36 inch box oak trees) be provided if removal is necessary." Enclosed is a check for $500.00 to add to our reserve fund to initiate action for the previous items requested. Thank you for your help in this matter. Please call me if I can be of any further assistance. Sincerely, Warren Dolezal, General Partner THE DOLEZAL FAMILY LIMITED PARTNERSHIP 4251 South Higuera S3401 805Q 5) 44-3990 12 May 1998 , � J Mr. James DeStefano, Deputy City Manager Ms. Ann J. Lungu, Associate Planner Community Development Department City of Diamond Bar Drive, Suite 190 ? 21660 East Copley Diamond Bar, California 91765-4177 RE: Tentative Map 23382 (TPM 23382) and City Council Resolutions No. 95-36 and 95-37 Dear Mr. DeStefano and Ms. Lungu, to the als we received An additional one year tionsextension, . 95-36aand 95-37 on Juuested on ne 20, 1995,is requested. vAs requested in by city Council Resolutions No. our May 8, 1997 extension letter ed to co ply we would like to ilth Publiave the c Works Department Condiuestion that if the one tions No heritage, Oak tree has to be provide the buttressing required by the approved geology 14, and 15 in Section B, radi= to P plan, we would like approval to replace that tree with two (2) 36 inch box Oak trees at locations to be determined by the Planning Director upon grading final completion. The Quite Title legal action that the city required of us to fully establish our easement right onto Steeplechase Lane, rile dhave and ourresented full right om the o that 6foot beginning de streof our et a area lon in that abut our 1992, has been comp property for access, ingress and egress since December 20, 1976 has been affirmed by the Superior Court. We not ovals had bct eenrther completed including pls in the finalan check ex ept forof our the easement Map as all conditions of our app and Oak tree questions mentioned above. ent "Oak Tree It r therefore requested that: tto red as folloIn lws 9 "The r posed 5-37 the Resolution pr ject will be accomplished Permit" be slightly re without endangering the health of the remaining oak tree 2 sThat le replacement amens trees to complete two 36 inch box oak trees) be provided if removal is necessary. (•) permitted our final plan check and (.) Thatbe scheduled for final approval of our Parcel Map by the City Council to provide forrecording. Thank you for your help in this matter. Please call me if I can be of any further assistance. Sincerely, ) Warren Dolezal, General artner 19:48 JCC -HOMES 5406257 PACE. 2_ Diamond Bar Associates 34110 Torrance Blud., Ste. 300 Torrance, CA mw telephone (310) S4&3M jacai►Mk (370) 316-7133 Diamond Bar PlaM. ' Co c/c) Mr. Tim DeStefano Depu� ity Mgr 2166o E. Copley Drive, Ste. 190 July 6, 1998 Disatond Bar, CA 91765 Re: Tentative Parcel Map No. 23382 _ Dolezal Family Ltd. Partnershi P Gentlemen, We. have received notice that the above referenced for extension before the Planning Commission Parcel map u set to be co to c►biect to or co on MY 14, 1998 We appear because the cent upon this subdivision when it Was ori did not appear appiic�tt, Mr. Dolezal, had earlier represented before you, both an access easement to our P ted to us that he rights through Portion of Steepleciulse Lane, and additional 8 me Rates of Diamond Bar Country Estates "D owl access In January of 1997, when our Tract 478,50, which ` ,,, Care! a question, came before the Ci contains the area : of Steeplechase objected, claiming that his City Council f� fLnal approval, . Mr. Dolezal allowed to record, ' proper' would become landlocked if our. for Therefore, at the City's request, we offered a map were Property the dedication of a alight extension of portion of our lying within approximately 60 feet of the Iiawkwood Rd. a this portion of Hawkwood for applicant's F ac street certain access to a public use, so that the Dolezal Property- The City accepted Public street. parcel would have APParently not satisified with having action in Superior Court for public street ac'ess, Mr. r Dolezal tentative decision is that there1is moment over Steeplechase Lane. Pursued an SterplN�w Lane, but the "implied easement over some courts matter is still in some dispute. portion of "Acen Dun nts landowners affected by this subdivision, we have the following ]�) We object to any extension of COwhich 'ts `il��rulinP�� was obtained�sdnc�et due tow �eaz questionable manner by existed through the gates of ruing our PP= Con of Steeplechase. whatever the rights the right to try Estates. We eel easement e meat a Participate in public hearings for any new ma sub should have P mitral. :•r .. ..�: rAG... 7. DlamomBat plamdn8 Comm Won July 6, 1998, page 2 2) If it is represented that access will now be taken from Hawkwood, we believe that no extension should be granted, since tads would constitute a substantial departure from the original map. A new application and public hearing should be required, particularly if any combined use of both Hawkwood and Steeplechase is contemplated, :since the boundaries of the "The Country" would be compromised. 3) Although we are not certain of all the legal ramifications, we don't believe that the City should approve any subdivision lying MubSift a gated community, which takes access from a private street lying entirely within the gated community. 4) If none of the above objections are sufficient to require a new map submittal, we still object to any subdivision lying outside of our gated community which utilizes a portion of the private roadway which we constructed and are independently obligated to maintain, unless satisfactory conditions are imposed with respect to maintenance and reimbursement of costs for the installation of both the roadway and appurtenant .infrastructure. Thank: you for your consideration of this matter. It is our plan to appear at the hearing and raise these issues, but we wished to give written notice, since the issues are somewhat complex, and time limitations may prevent adequate oral testimony. Sincerely, Kurt Nelson Diamond Bar Associates a Warren Dolezal Eric Lardiere r �� O'i69:96 13:69 2 81a5 544 3994 NlCi .IUI —0+ 0-10C 11 Lb'r 91 P1 L11" CIF(! KUrEt'T r KNUL LIJ yNyt� i1�c,l E: ROBERT L. KNUDSEN Attorney at Low Tbkphotle (909) 482-1086 121 North Harvard Avenue c I'ac.$In 11C (909) G21-3964 mail Knudsci►law0Aol.com Claremont, Callforni- 91711 auly 9, 1990 Warren F. DoleZU1 General Partttcr The Dolezal Family limited Partnerohip 42.131 South Higuera Street, Suite 101 San Luis obispo, CA 93401 Re' DFI-F v • Di &mond Bar AsoOciute& BY FACSimi.le and U.$. Mail Dear Warren: Ao you arc aware, I have submitted a deeialon and judgment to the court proposed +statement of. request and the tentative in accordance wi th the crnlrt o s the defendants have tiled e} atcnlrrl� of decisionctions.. Not. surprisingly, objcct:ions will have any effect on the outcdo,11(.. tf the case ` .11 c) ox de be considered to be part of the ordinary post trial 1,�7p;;r-work .31 The court: has act a heat i r,c on Jul 2 tlt'LE:17Cit1r1tE7' objections '� y 4. l9yfi !aY review of the jucinmcnt . As the to the propose Nt ate:nent of deci Sion and defendant.1 have formally objected, the court is required to consider and rule upon the Objcct:ions. A7 though this }process delays the final entry of judct,,,c;rit, as a practi.oal matter, I t ie generally a formal i.ty which hjF• Ilo effect on Lhe outcome of the case as was determined by the court's on t.t:cn ultimate Race after trial which determined that you were the prevailing trial. within 14 dayb of that, heariiic�, g party at A final statement of decision and Judgment this sign at cr nwliichll SXP"t to be consistent with tht- tentative st)thi r. a decision, I know that you find these delI*yir frustrating lint. 1 am mgvincl matters along as 'you aF Y can. These: los be viewed as a nc>r.-aut2 (albeit t irne GUI sur7in trial pz oceedj ns should whi.c:b will not have an pffzcl. ort 4 parr of tile- process delays while the e an Your easement rights other t:iitan the judgment. iv processed and uigi,ed. I hope this clari.fft+q matters for You and answers your clucstions Concerning the reasons fol' the delays. t ho last: delay prior to cr�t:ry of 7 c:xller.t: that this will be rl T�osition to record a final judgment arra that we should be in the week of Auryuct 3, 1995. ludgMent, regarding your easement rights REK: c7! 1 f you have any queut ions or coinlnetit s Please call me. r-incerely, Rc sr�1-Kuudaen CITY COUNCIL RESOLUTION NO. 95-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 23382 AND MITIGATED NEGATIVE DECLARATION NO. 95-2- FOR A REQUEST TO DIVIDE ONE PARCEL INTO FOUR RESIDENTIAL LOTS LOCATED AT THE EXTREME NORTHNESTERN EDGE OF TONNER CANYON/CHINO HILLS SIGNIFICANT ECOLOGICAL AREA (SEA) NO. 15, AT 3000 BLOCK (NORTH SIDE) OF STEEPLECHASE LANE. A. Recitals 1. The property owner/applicant, Warren Dolezal of Dolezal Family Limited Partnership has filed the "Application" for Tentative Parcel Map No. 23382 for a request to divide one parcel into four residential lots located at the extreme northwestern edge ,of Tonner Canyon/Chino Hill Significant Ecological Area No. 15. The project site is located at 3,000 block (north side) of Steeplechase Lane, Diamond Bar, Los Angeles County, California, as described in the title of this Resolu- tion. Hereinafter in this Resolution, the subject Tentative Parcel Map application is .referred to as the "Application". :Z. On April -18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California.` On'that date, pursuant to the requirements of the California Government Code Section 57376, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, 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 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. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the Draft General Plan, pursuant to the terms and provisions of the Office of Planning and Research extension granted pursuant to California Government Code Section 65361. it. Notification of the Planning Commission public hearing for this project has been made in the San Gabriel Valley 1 B. Tribune and the Inland Vallev Bulletin newspapers on March 31, 1995. One hundred and eighty-five (185) property owners within a 500 foot radius of the project site were notified by mail on March 28, 1995. 5. The Planning Commission of the City of Diamond Bar, on April 24, 1995 conducted a duly noticed public hearing on the Application. At that time, the public hearing was continued to May 8, 1995. On May 8, 1995, the public hearing was continued to May 22, 1995. The Planning Commission recommended approval to the City Council on May 22, 1995. 6. Notification of the City Council public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Bulletin newspapers on May 30, 1995. One hundred and eighty-five (185) property owners within a 500 foot radius of the project site were notified by mail on May 26, 1995. 7. The City Council of the City of Diamond Bar, on June 20, 1995 conducted a duly noticed public hearing on the Application. 8. All legal prerequisites to the adoption of this Resolu- tion have occurred. Resolution NOW, THEREFORE, it -is found, determined and resolved by the _City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds and determines that having considered the record as a whole, there is no evidence before this City Council that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this City Council, the Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The City Council hereby finds that the initial study review and Mitigated Negative Declaration No. 95-2 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder. Further, the Mitigate Negative 2 Declaration reflects the independent judgement of the City of Diamond Bar. 4. Based upon the findings and conclusions set forth herein, this City Council, hereby finds as follows: (a) The project request relates to a vacant parcel of 2.55 gross acres located at the extreme northwestern edge of SEA No. 15 in the 3000 block (north side) of Steeplechase Lane at the terminus of Hawkwood Road and adjacent to a gated community identified as "The Country Estates". (b) The project site is located within the Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. It has a draft General Plan land use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (RL - 3 Du/Acre). (c) Generally, the following zones surround the project site: to the north are the Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Commercial -Recreational (C-R) Zones; to the west is the Single Family Residential -Minimum Lot Size 9,000 Square Feet (R- 1-9,000) Zone; to the east is the R-1-20,000 Zone; and to the south is the R-3-8,000 Zone. (d) The proposed parcel map is consistent with the Cityfs draft General Plan and zoning standards. (e) The design and improvements of the proposed subdivision complies with the Cit3��s draft,General Plan, local ordinances, and State requirements. (f) The project site is physically suitable for this type of subdivision. (g) The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (h) The design of the subdivision or the type of improvements is not likely to cause serious public health problems. (i) 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 with in the proposed subdivision. 3 5. Based upon the findings and conclusions set forth above, the City Council hereby approves this Application subject to the following conditions: A. PLANNING DIVISION (1) Tentative Parcel Map No. 23382 shall be developed in substantial conformance to plans dated ,Tune 20, 1995, labeled Exhibit "A" and Exhibit "B" as submitted and approved by the City Council. (2) The approval of Tentative Parcel Map No. 23382 is granted subject to the approval of the Hillside Management and Significant Ecological Area Conditional Use Permit No. 92-1, Oak Tree Permit No. 95-2, and Mitigated Negative Declaration No. 95-2. (3) The approval of Tentative Parcel Map o. 3382 shall not be effective for any purpose the permittee and owner of the property involved (if other than the permittee) have filed within f ifteen (15 ) days of approval of this map, at the City of Diamond Bar's Community Development Department, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this map. Further, this approval shall not be effective until the permittee pays remaining Planning Division processing fees. (4) 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 the Tentative Parcel Map No. 23382, which action is brought within the time period provided for Government Code Section 66499.37. (5) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, _whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits, from the City of Diamond Bar to provide such services. 4 (6) All requirements of the Zoning Ordinance and of the underlying zoning of the subject property shall be complied with, unless otherwise set forth in the permit or shown on the approved plans. (7) The applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of the final map per Code Section 2124.340. (8) The applicant shall pay development fees (including, but not limited to, Planning and Building and Safety Divisions and school fees) at the established rates, prior to issuance of building or grading permits, as required by the Community Development and Public Works Directors. (9) Prior to approval of the final map, the owner shall make a bonafide application to "The Country Estates" Association to annex this subdivision to that association. The owner shall be required to agree to annex upon recordation of the final map if all fees assessed by "The Country Estates" Association do not exceed the fees assessed per lot for annexation to "The Country Estates" Association for Tract No. 47722. (10) Conditions, Covenants, and Restrictions (CC&R's) and Articles of Incorporation of a homeowner's association are required and shall be provided to the Community Development Director and the City Attorney for review and approval prior to the recordation of the final• map. A homeowners' association shall be created and responsibilities there of shall be delineated within the CC&R's or the homeowners' association shall be incorporated into "The Country Estates". The CC&R's 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 provide to the City Engineer. (11) The CC&R's shall incorporate Exhibit "B" which delineates each lot's building envelope. (12) The applicant shall comply with the Mitigation Monitoring Program for Mitigated Negative Declaration No. 95-2. (13) The Mitigation Monitoring Program (MMP) fees shall be deposited with the City prior to issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the subdivider 5 (14) (15) (16) and received by the City prior to the final map approval. The parcel map shall be designed so as to substantially comply with the CC&R's implemented by the adjacent development known as "The Country Estates". The CC&R's shall incorporate at a minimum, provisions which would establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. The CC&R's shall, to the fullest extent possible, be consistent with "The Country Estates"' CC&R's. A clause shall be incorporated into the CC&R's which requires disputes involving interpretation or application of the CC&R's (between private parties), to be referred to a neutral third party mediation service (name of service may be included) prior to any party initiating litigation in a court of competent jurisdiction. The cost Of b such mediation shall be borne equally y the parties. Grading and/or construction activities m•sh be to 5:00 Monday restricted to 7'00 a.mAllequipment utilized • for through Saturday. grading and/or construction shall be properly P y muffled to reduce noise levels. Transportation of equipment and materials and the operation of heavy grading shall be restricted to 7:00 a.m. to 5:00 p.m. All equipment staging areas shall be located on "the subject property. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed water shall be used whenever possible. (17) Construction equipment and/or related construction traffic shall not be Permitted the project site from Hawkwood Road. (18) Parcel Map No. 23382 shall maintain a minimum 20 foot wide (open clear to the sky) paved access road along and within that public utility and public services easement on the westerly portion of Lot 1 and between the cul-de-sac of Hawkwood Road and the knuckle of steeplechase Lane, to oFire the satisfaction of the Los Angeles The access Department and the City Engineer. shall be indicated on the map asobstruc "Fire Lane". Vehicular or pedestrian gates ro ed width and shall be access shall be of an ang the pp provided only with locking devices and/or override 6 mechanisms which has been approved by the Fire Chief. (19) The applicant shall prepare and submit to the Community Development Director for approval prior to the sale of the first lot of the subdivision, a "Buyers' Awareness Package" which shall include, but, not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints pertaining to SEA No. 15 and Tonner Canyon, Exhibit "B" which delineates each lot's building envelope, explan- atory information pertaining to restrictions on use of properties as necessary and similar related matter. The applicant shall institute a program to include delivery of a copy of the "Buyers' Awareness Package" to each prospective purchaser and shall keep on file in the applicant's office a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information in the package. The applicant shall incorporated within the CC&R's a reference to the availability of the package and the fact that a copy thereof is on file in the City of Diamond Bar's City Clerk's office. (2 0) The project applicant, through the "Buyer Awareness Program", shall encourage the segregation of green wastes for reuse as specified under the City's' Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (21) All down drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. (22) Slopes in excess of five feet in vertical height shall be landscaped and irrigated for erosion control. Slope landscaping and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual lot or unit is sold and occupied by the buyer. Prior to releasing occupancy for the units, an inspection shall be conducted by the Planning Division to determine compliance with this condition. (23) Variable slope ratios of 2:1 to 4:1 shall be utilized within the indicated grading areas of each lot to the satisfaction the City Engineer. (24) The emergency access gate at the terminus of Hawkwood Road shall be consistent, in design and 7 materials, with existing gates located at other access areas within "The Country Estates". (25) Notwithstanding any previous subsection of this resolution, if the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code, payment therefore shall be made by the Applicant prior to the issuance of any building permit or any other entitlement. (26) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject properties. (27 ) This grant is valid for two ( 2 ) years and must be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing, submitted to the City, 30 days prior to this grant's expiration date. B. PUBLIC WORKS DEPARTMENT General (1) Prior to approval and recordation of the parcel map, written certification shall be submitted to the City from the 'Walnut Valley Water District (WVWD) that adequate water supply and facilities; from - Los Angeles County Sanitation District (LACSD) that adequate sewage conveyance and treatment capacity; 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 must have been issued by the districts, utility companies and cable television company within ninety (90) days prior to parcel map approval. (2) A title report/guarantee and subdivision guarantee showing all fee owners and, interest holders, and nature of interest shall be submitted when a parcel map is submitted for map check. The account with the title company shall remain open until the parcel map is filed with the County Recorder. An updated title report/ guarantee and subdivision guarantee shall be submitted ten (10) working days prior to parcel map approval. (3). All easements existing prior to parcel map approval shall be identified and shown on parcel map. If an easement is blanket or indeterminate 8 in nature, a statement to that effect shall be shown on the parcel map in lieu of showing its location. (4) Based on a field survey boundary monuments shall be set in accordance with the State Subdivision Map Act and local subdivision ordinance and shall be subject to approval by the City Engineer. (5) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all required public improvements. If any required public improvements have not been completed by Applicant/ Subdivider and accepted by the City prior to the.approval of the parcel map, Applicant/Subdivider shall enter into a subdivision agreement.with the City and shall post the appropriate security, guaranteeing completion of the improvements, prior to parcel map approval. (6) Plans for all site grading, landscaping, irrigation, street, sewer, water and storm drain improvements shall be approved by the City Engineer prior to parcel map approval. (7) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building -permits. (8) The detail drawings and construction notes shown on the submitted tentative map are conceptual only and the approval of this tentative map shall not constitute approval of said notes. Grading (9) The final subdivision grading plans (1" = 40' or larger scale, 24" x 36" sheet format) shall be submitted to and approved by the City Engineer prior to issuance of any building or grading permits and prior to parcel map approval. (10) The Applicant/Subdivider, at the Applicant/ Subdivider's sole cost and expense, shall perform all grading in accordance with plans approved by the City Engineer. For grading not performed prior to Parcel Map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements prior to Parcel Map approval. (11) Applicant/Subdivider shall submit to the City Engineer the detail grading and drainage 9 construction cost estimate for bonding purposes of all grading, prior to approval of the parcel map. (12) Precise final grading plans for each parcel shall be submitted to the City Engineer for approval prior to issuance of building or grading permits. (This may be on an incremental or composite basis.) (13) Grading of the subject property shall be in accordance with the current Uniform Building Code and CityFs Hillside Management Ordinance, and acceptable grading practices. The final subdivision and precise final grading plans shall be in substantial conformance with the grading shown as a material part of the approved Tentative Map. No driveway serving building area(s) shall exceed 15% grade. (14) All landslide debris shall be completely removed prior to fill placement or other approved remedial measures implemented as required by the final geotechnical report and approved by the City Engineer. (15) At the time of submittal of the final subdivision grading plan for plan check, a detailed- soils and geology report shall be submitted in compliance with City guidelines to the City Engineer for approval. The report shall be prepared by a qualified registered geotechnical engineer and engineering geologist licensed by the State of California. 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 parcel map. The report shall address, but not be limited to, the following: (a) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. (b) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. (c) Areas of potential for defined and proper implemented as approved (d) Gross stability of all analyzed as part of the including remedial fill to e debris flow shall be remedial measures by the City Engineer. fill slopes shall be geotechnical report, that replaces natural s p . (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City 10 Engineer. Unstable slopes shall be redesigned or stabilized utilizing slope reinforcement. (f) All geologic data including landslides and exploratory excavations shall be shown on a consolidated geotechnical map using the final subdivision grading plan as a base. (g) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; projection plan shall have a_ minimum safety factor of 1.5. (h) All soils and geotechnical constraints (i.e. landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (i) All landslides must be shown on a consolidated geotechnical map. Specific remedial measures shall be implemented pursuant to the requirements of City Code and Ordinances. (j) Stability of back cuts (i.e. excavation of natural slopes) must be analyzed. (16) Final subdivision grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthworm specified in the final report shall be incorporated into the plans. (17) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Geologist. (18) All identified geologic hazards within the tentative subdivision boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the parcel map as "Restricted Use Area" subject to geologic hazard. The subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the parcel map. Drainage (19) A drainage study and drainage improvement plans (24" x 36" sheet format) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer prior to parcel map approval. All drainage facilities shall be designed and constructed as required by the City 11 Engineer and in accordance with County of Los Angeles standards. (20) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all drainage improvements in accordance with plans approved by the City Engineer. For drainage improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all drainage improvements prior to parcel map approval. (21) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. For dewatering facilities not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all dewatering improvements prior to parcel map approval. (22) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the parcel map as -approved by the City Engineer. (23) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows enter, leaving, or within that parcel for which a building permit is requested. (24) An erosion control plan shall be submitted to and approved by the City Engineer prior to issuance of grading permits. (25) An offer of easements for drainage and drainage improvements, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. 12 Streets (26) Street improvement plans (24" x 36" sheet format) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer prior to parcel map approval. (27) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all street improvements in accordance with plans approved by the City Engineer. For street improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all street improvements prior to approval of the parcel map. (28) New street centerline monuments shall be set at the intersections of streets, intersection of streets with the westerly boundary of Parcel 1 and the easterly boundary of Parcel 3 of Parcel.Map 1528, 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. (29) Prior to any work being performed in public right- of-way, fees shall be paid andk a construction permit shall be obtained from the City Engineer's Office for work in the City of Diamond Bar in addition to any other permits required. (30) No street shall exceed a maximum slope of 12% unless approved by the City Engineer. (31) Base and pavement on all streets shall be constructed in accordance with a soils report and pavement thickness calculations shall be prepared by a qualified and registered engineer and shall be approved by the City Engineer or as otherwise directed by the City Engineer. (32) The street light at end of Hawkwood cul-de-sac shall be constructed to the satisfaction of the City Engineer. 13 (33) All utility lines shall be placed underground in and adjoining the proposed tentative subdivision map. (34) Curbs and gutters for cul-de-sac at end of Hawkwood shall be constructed to the satisfaction of the City Engineer. Sewer and Water (35) Prior to parcel map approval the subdivider shall submit an area study to the City Engineer and Los Angeles County Department of Public Works to determine whether capacity is available in the sewerage system to be used as the outlet 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 and Los Angeles County Department of Public Works. (36) Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary severer system serving the subdivision shall be connected to the City sewer system. (37) 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 Department of Public Works, and Los Angeles County Sanitation Districts prioF to parcel map approval. (38) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and. expense, shall construct all sewer system improvements. For sewer system improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted guaranteeing completion of the improvements prior to parcel map approval. Applicant/ subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all sewer system improvements prior to approval of the parcel map. (39) The Applicant/ Subdivider shall obtain connection permit(s) from the City, Los Angeles County Public Works Department and County Sanitation District prior to issuance of building permits. The subdivision area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and Los Angeles County Sanitation District No. 21. 14 (40) An offer of easements for sewer system improvements, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. (41) Domestic water system improvement plans, designed with appurtenant facilities to serve all parcels in the land division and designed to Walnut Valley Water District (WVWD) specifications, shall be provided and approved by the City Engineer and WVWD. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The main lines shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (42) Applicant/Subdivider, at Applicant/Subdividerrs sole cost and expense, shall construct all domestic water system improvements. For water system improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate. for bonding purposes for all domestic water system improvements prior to approval of the parcel map. (43) Separate underground .utility services shall be provide to each parcel, including water, gas, electric power, telephone and cable TV service, in accordance with the respective utility company standards. Easements that may be required by the utility companies. shall be approved by the City Engineer prior to granting.. (44) An offer of easements for public utility and Public services purposes, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. (45) Applicant/Subdivider shall relocate and underground any existing on-site utilities as necessary and to the satisfaction of the City Engineer and the respective utility owner. (46) Reclaimed water system improvement plans, designed with appurtenant facilities capable of delivering reclaimed water to all portions of the subdivision and serving each parcel in the subdivision and designed to Walnut Valley Water District (WVWD) specifications, shall be provided and approved by the City Engineer and WVWD. 15 (47) Applicant/Subdivider, at Applicant/Subdivider's sole cost and expense, shall construct reclaimed water system improvements, including main and service lines capable of delivering reclaimed water to all portions of the subdivision. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bon ding .purposes for all reclaimed dding improvements prior to approval of the parcel map. (48) As reclaimed water supply is not currently available, Subdivider shall enter into agreement to design and construct system, to the satisfaction of the City Engineer and the Walnut Valley Water District. The system shall be designed to permit "switch over" of non-domestic services on each lot at such time a reclaimed water supply is available to the subdivision. Irrevocable security shall be posted to guarantee the performance of this agreement. (49) The Applicant/Subdivider shall install portions of the reclaimed water system (main and irrigation service lines) capable of delivering reclaimed -water to those designated areas, if any, o subdivision for which the homeowners association is responsible for irrigation and/ landscape maintenance. This installation shall provide for a present connection to the domestic water system and shall include provisions for the switch -over to the future reclaimed water system. The City Clerk shall: (a) Certify to the adoption of this Resolution; (b) This City Council hereby provides notice to Warren Dolezal of the Dolezal Family Limited Partnership that the time within which judicial review of the decision represented by this resolution must be sought is governed by the provisions of the California Code of Civil Procedures, Section 1094.6; and (c) Forthwith transmit a certified copy of this Resolution, by certified mail to: Warr e4n25Dose HgueratStreet1eSan Family Limited Partnership, Luis Obispo, CA 93401; APPROVED AND ADOPTED OF DIAMOND BARDAY OF JUNE, 1995, BY THE CITY COUNCIL OF THE CIT BY: 4py lis E. Pape Mayor 16 I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the City Council held on the 20th day of June, 1995, by the following vote: AYES: COUNCIL MEMBERS: Ansari, Harmony, MPT/Werner and M/Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST:Y.,':Lfr Lyrria Burgess, City Clerk 17 A. CITY COUNCIL RESOLUTION NO. 95-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING HILLSIDE MANAGEMENT AND SIGNIFICANT ECOLOGICAL AREA CONDITIONAL USE PERMIT NO. 92-1, OAK TREE PERMIT NO. 95- 2, AND MITIGATED NEGATIVE DECLARATION NO. 95- 2 FOR TENTATIVE PARCEL MAP NO. 23382 WHICH IS A REQUEST TO DIVIDE ONE PARCEL INTO FOUR RESIDENTIAL LOTS LOCATED AT THE EXTREME NORTHWESTERN EDGE OF TONNER CANYON/CHINO HILLS SIGNIFICANT ECOLOGICAL AREA (SEA) NO. 15, AT 3000 BLOCK (NORTH SIDE) OF STEEPLECHASE LANE. Recitals 1• The property owner/applicant, Warren Dolezal of Dolezal Family Limited Partnership has filed the "Application" for Tentative Parcel Map No. 23382 for a request to divide one parcel into four residential lots located at the extreme northwestern edge of Tonner Canyon/Chino Hill Significant Ecological Area No. 15. The project site is located at 3,000 block (north side) of Steeplechase Lane, Diamond- Bar, Los Angeles County, California, as described, -in' the title of this Resolu- tion. Hereinafter in this Resolution, the subject Tentative Parcel Map application is referred to as the "Application". 2. On April 181 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On that date, pursuant to the requirements of the California Government Code Section 57376, the City Council of the City of Diamond Bar adopted its Ordinance No. 1, 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 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. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject application, as to consistency to the Draft General Plan, pursuant to the terms and provisions of the Office 1 of Planning and Research extension granted pursuant to California Government Code Section 65361. 4. Notification of the Planning Commission public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Bulletin newspapers on March 31, 1995. One hundred and eighty-five (185) property owners within a 500 foot radius of the project site were notified by mail on March 28, 1995. 5. The Planning Commission of the City of Diamond Bar, on April 24, 1995 conducted a duly noticed public hearing on the Application. At that time, the public hearing was continued to May 8, 1995. On May 8, 1995, the public hearing was continued to May 22, 1995. The Planning Commission recommended approval to the City Council on May 22, 1995. 6. Notification of the City Council public hearing for this project has been made in the San Gabriel �Va_ lleyTr= and the d Valley Bulletin newspapers on May 30, 1995. One hundred and eighty-five (185) property owners within a 500 foot radius of the project site warp, notified by mail on May 26, 1995, 7. The City Council of the City of Diamond Bar, on June 20, 1995 conducted a duly noticed public hearing on the Application. S. All legal,prerequisites to the adoption of this Resolu- tion have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as `follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds and determines that having considered the record as a whole, there is no evidence before this City Council that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the record before this City Council, the Council hereby rebuts the presumption of adverse effects contained in 2 E Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The City Council hereby finds that the initial study review and Mitigated Negative Declaration No. 95-2 has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and guidelines promulgated thereunder. Further, said Mitigate Negative Declaration reflects the independent judgement of the City of Diamond Bar. 4. Based upon the findings and conclusions set forth herein, this City Council, hereby finds as follows: (a) The project request relates to a vacant parcel of 2.55 gross acres located at the extreme northwestern edge of SEA No. 15 in the 3000 block (north side) of Steeplechase Lane at the terminus of Hawkwood Road and adjacent to a gated community identified as "The Country Estates". (b) The project site is located within the Single Family Residential -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. It has a draft General Plan land use designation of Low Density Residential -Maximum 3 Dwelling Units Per Acre (RL - 3 Du/Acre). (c) Generally, the following zones surround the project site: to the north are the Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) and Commercial -Recreational (C-R) Zones; to the west is the Single Family Residential -Minimum Lot Size 9,000 Square Feet (R- 1-9,000) Zone; to the east is the R-1-20,000 Zone; and to the south is the R-3-8,000 Zone. CONDITIONAL USE PERMIT (d) The proposed project will not be in substantial conflict with the draft General Plan, local ordinances, and State requirements. (e) The proposed project will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. (f) The proposed project will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. (g) The proposed project will not jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare. (h) The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed within City ordinances, or as otherwise required in order to integrate the use with uses in the surrounding area. (i) The project site is adequately served by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate. SIGNIFICANT ECOLOGICAL AREA (SEA) (j) The proposed project is designed to be highly compatible with the biotic resources present, including the setting aside of appropriate and sufficient undisturbed areas. (k) The proposed project is designed so that wildlife movement corridors (migratory paths) are left in an undisturbed and natural state. (1) The proposed project retains sufficient natural vegetative cover and/open spaces to buffer critical resource areas from the requested project. (m) wallsWhere necessary, fences or buffer import nt hab t t areasfrom development. to (n) The proposed project is designed.to maintain water bodies, watercourses, and their tributaries in a natural state. (o) The roads and utilities serving the proposed project are located and designed so as not to conflict with critical resources, habitat areas or migratory paths. HILLSIDE MANAGEMENT AREA (p) 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 slo e the presence of geologic, seismic, P 4 W. instability, fire, flood, mud flow, or erosion hazard. (q) The proposed project is compatible with the natural, biotic, cultural, scenic, and open space resources of the area. (r) The proposed project is conveniently served by (or provides) 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 Draft General Plan. (s) The proposed project demonstrates creative and imaginative design, resulting in a visual quality that will complement community character and benefit current and future community residents. OAK TREE PERMIT (t) The proposed project will be accomplished without endangering the health of the remaining oak tree. 5. Based upon the findings and conclusions set forth above, the City Council hereby approves this Application subject to the following conditions: A. PLANNING DIVISION (1) Tentative Parcel Map No. 23382 shall be developed in substantial conformance to plans dated June 20, 1995, labeled Exhibit "A" and Exhibit "B" as submitted and approved by the City Council. (2) The approval of the Hillside Management Ordinance and Significant Ecological Area Conditional Use Permit No. 92-1, Oak Tree Permit No. 95-2, and Mitigated Negative Declaration No. 95-2 is granted subject to the approval of Tentative Parcel Map No. 23382. (3) The approval of Tentative Parcel Map No. 23382 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 map, at the City of Diamond Bar's Community Development Department, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this map. Further, this approval 5 shall not be effective until the permittee pays remaining Planning Division processing fees. (4) In accordance with Government Code Section 66474.9 (b) (1), the applicant shall defend, indemnify, and hold any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, and approval of the Tentative Parcel Map No. 23382 which action is brought within the time period provided for Government Code Section 66499.37. (5) The site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (6) All requirements -of the Zoning ordinance and of the underlying zoning of the subject property shall be complied with, unless otherwise set forth in the permit or shown on the approve plans. (7) The applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of the final map per Code Section 2124.340. (8) The applicant shall pay development fees (including, but not limited to, Planning and Building and Safety Divisions and school fees) at the established rates, prior to issuance of building or grading permits, as required by the Community Development and Public Works Directors. (9) Prior to approval of the final map, the owner shall make a bona fide application to "The Country Estates" Association to annex this subdivision to that association. The owner shall be required to agree to annex upon recordation of the final map if all fees assessed by "The Country Estates" Association do not exceed the fees assessed per 6 lot for annexation to "The Country Estates" Association for Tract No. 47722. (10) Conditions, Covenants, and Restrictions (CC&R's) and Articles of Incorporation of a homeowner's association are required and shall be provided to the Community Development Director and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsibilities there of shall be delineated within the CC&R's or the homeowners' association shall be incorporated into "The Country Estates". The CC&R's 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 provide to the City Engineer. (11) The CC&R's shall incorporate Exhibit "B" which delineates each lot's building envelope. (12) The applicant shall comply with the Mitigation Monitoring Program for Mitigated Negative Declaration No. 95-2. (13) The Mitigation Monitoring Program (MMP) fees shall be deposited with the City prior to issuance of a grading permit., Additionally, all costs related to the ongoing monitoring shall be secured from the subdivider and received by the City prior to the final map approval. (14) The parcel map shall be designed so as to substantially comply with the CC&R's implemented by the adjacent development heretofore know as "The Country Estates". The CC&R's shall incorporate at a minimum, provisions which would establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. The CC&R's shall, to the fullest extent possible, be consistent with "The Country Estates'" CC&R's. (15) A clause shall be incorporated into the CC&R's which requires dispute involving interpretation or application of the agreement (between private parties), to be referred to a neutral third party mediation service (name of service may be included) prior to any party initiating litigation in a court of competent jurisdiction. The cost of 7 such mediation shall be borne equally by the parties. (16) Grading and/or construction activities shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be properly muffled to reduce noise levels. Transportation of equipment and materials and the operation of heavy grading shall be restricted to 7:00 a.m. to 5:00 p.m. All equipment staging areas shall be located on the subject property. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed water shall be used whenever possible. (17) Construction equipment and/or related construction traffic shall not be permitted to enter the project site from Hawkwood Road. (18) Parcel Map No. 23382 shall maintain a minimum 20 foot wide (open clear to the sky) paved access road along and within that public utility and public services easement on the westerly portion of Lot 1 and between the cul-de-sac of Hawkwood Road and the knuckle of Steeplechase Lane, to the satisfaction of the Los Angeles County Fire Department and the City Engineer. The access shall be indicated on the map .as a "Fire Lane". Vehicular or pedestrian gates obstructing the access shall be of an approved width and shall be provided only with locking devices and/or override mechanisms which has been approved by the Fire Chief. (19) The applicant shall prepare and submit to the Community Development Director for approval prior to the sale of the first lot of the subdivision, a "Buyers' Awareness Package" which shall include, but, not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree preservation issues, the existence and constraints pertaining to SEA No. 15 and Tonner Canyon, Exhibit "B" which delineates each lot's building envelope, explan- atory information pertaining to restrictions on use of properties as necessary and similar related matter. The applicant shall institute a program to include delivery of a copy of the "Buyers' Awareness Package" to each prospective purchaser and shall keep on file in the applicant's office a 8 receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information in the package. The applicant shall incorporated within the CC&R's a reference to the availability of said package and the fact that a copy thereof is on file in the City of Diamond Bar's City Clerk's office. (20) The project applicant, through the "Buyer Awareness Program", shall encourage the segregation of green wastes for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. (21) All down drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. (22) Slopes in excess of five feet in vertical height shall be landscaped and irrigated for erosion control. Slope landscaping and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual lot or unit is sold and occupied by the buyer. Prior to releasing occupancy for the units, an inspection shall be conducted by the Planning Division to determine compliance with ,this condition. (23) Variable slope ratios of 2:1 to 4:1 shall be utilized within the indicated grading areas of each lot to the satisfaction of the City Engineer. (24) The emergency access gate at the terminus of Hawkwood Road shall be consistent, in design and materials, with existing gates .located at other access areas within "The Country Estates". (25) Adjacent front yard setbacks shall vary no less than five (5) feet, beginning with a minimum setback of 20 feet from the front property line and no adjacent lots shall utilize the same front yard setback. Minimum required rear yard setbacks are 15 feet from the buildable pad's edge. Minimum side yard setbacks shall be 10 and 15 feet from the buildable pad's edge. (26) All proposed single family residential structures are required to comply with the City's Development Review Ordinance. 9 (27) Notwithstanding any previous subsection of this resolution, if the Department of Fish and Game requires payment of a fee pursuant to section payment therefore the 711.4 of the Fish anGameApplicant Code, aprior to the shall be made byermit or any other issuance of any building p entitlement. (28) The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject properties. (29 ) This grant is valid for two ( 2 ) years and must be exercised (i.e. construction) within that period or this grant will expire. A one submitted extension may be requestedin writing, this grant's to the City, 30 days prior expiration date. B. PUBLIC WORKS DBPARTMEM Genera (1) Prior to approval and recordation. of the parcel map, written certification shall be submitted to the City from the Walnut Valley Water District (WVWD) that adequate water supply and facilities; from Los Angeles County Sanitation District (LACSD) that adequate sewage conveyance and treatment capacity; and from each public utili-Y and, cable television purveyorthat adequate supplies and facilities; are or will be available -to serve the proposed project. Such letters must have been issued by the districts, utility companies and cable television company within ninety (90) days prior to parcel map approval. (2) A title report/guarantee and subdivision guarantee showing all fee owners and, interest holders, and nature of interest shall be submitted when a parcel map is submitted for map check. The account with the title company shall remain open until the parcel map is filed with grantee he county and Recorder. An updated title report/ gu subdivision guarantee shall be submitted ten (10) working days prior to parcel map approval. (3) All easements existing prior to parcel map approval shall be identified and shown on parcel map. If an easement is blanket or indeterminate 10 in nature, a statement to that effect shall be shown on the parcel map in lieu of showing its location. (4) Based on a field survey boundary monuments shall be set in accordance with the State Subdivision Map Act and local subdivision ordinance and shall be subject to approval by the City Engineer. (5) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all required public improvements. If any required public improvements have not been completed by Applicant/ Subdivider and accepted by the City prior to the approval of the parcel map, Applicant/Subdivider shall enter into a subdivision agreement with the City and shall post the appropriate security, guaranteeing completion of the improvements, prior to parcel map approval. (6) Plans for all site grading, landscaping, irrigation, street, sewer, water and storm drain improvements shall be approved by the City Engineer prior to parcel map approval. (7) House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. (8) The detail drawings and construction notes shown on the submitted tentative map are conceptual only and the approval of this tentative map shall not constitute approval of said notes. Grading (9) The final subdivision grading plans (1" = 40' or larger scale, 24" x 36" sheet format) shall be submitted to and approved by the City Engineer prior to issuance of any building or grading permits and prior to parcel map approval. (10) The Applicant/Subdivider, at the Applicant/ Subdivider's sole cost and expense, shall perform all grading in accordance with plans approved by the City Engineer. For grading not performed prior to Parcel Map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements prior to Parcel Map approval. 11 (11) Applicant/Subdivider shall submit to the City Engineer the detail grading and drainage construction cost estimate for bonding purposes all grading, prior to approval of the parcel map. (12) Precise final grading plans for each parcel shall be submitted to the City Engineer for approves prior to issuance of building or grading permits. (This may be on an incremental or composite basis.) (13) Grading of the subject property shall be in accordance with the current Uniform Building Code and City's Hillside Management ordinance, and acceptable grading practices. The final subdivision and precise final grading plans shall be in substantial conformance with the grading shown as a material part of the approved Tentative Map. No driveway serving building area(s) shall exceed 15% grade. (14) All landslide debris shall be completely d remedial prior to fill placement or other approved final measures implemented as required by the. Cit geotechnical report and 'approved by y Engineer. (15) En the time of submittal of the final subdivision grading plan for plan check, a detailed soils and geology report shall be submitted in compliance with City guidelines to the City Engineer for approval. The report shall be prepared by a qualified registered geotechnical engineer and engineering geologist licensed by the State of California. 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 parcel map. The report shall address, but not be limited to, the following: (a) soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. remedial grading into (b) The extent of any defined on the natural areas shall be clearly grading plans. (c) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. 12 (d) Gross stability of all fill slopes shall be - analyzed as part of the geotechnical report, including remedial fill that replaces natural slope. (e) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. Unstable slopes shall be redesigned or stabilized utilizing slope reinforcement. (f) All geologic data including landslides and exploratory excavations shall be shown on a consolidated geotechnical map using the final subdivision grading plan as a base. (g) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; projection plan shall have a minimum safety factor of 1.5. (h) All soils and geotechnical constraints (i.e. landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. (i) All landslides... must be shown on a consolidated geotechnical map. Specific remedial measures shall be implemented pursuant to the requirements of City Code and Ordinances. (j) Stability of back cuts (i.e. excavation of natural slopes), must be analyzed. (16) Final- subdivision grading plans shall be designed in compliance with the recommendations of the final detailed, soils• and engineering geology reports. All remedial earthworm specified in the final report shall be incorporated into the plans. (17) Grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Geologist. (18) All identified geologic hazards within the tentative subdivision boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the parcel map as "Restricted Use Area" subject to geologic hazard. The subdivider shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the parcel map. 13 nra_inaue A drainage study and drainage improvement plans (24" x 36" sheet format) prepared by a California registered Civil Engineer shall be submittedo and approved by the City Engineer prior to parcel map approval. All drainage facilities the City designed and all be constructed as required by Engineer and in accordance with County of Los Angeles standards. The Applicant/Subdivider, at Applicant/ sole cost and expense, shall subdivider's in construct all drainage improvements City Engineer accordance with plans approved by ts not constructed prior to drainage improvemen parcel map approval an agreement shall ua executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all drainage improvements prior to parcel map approval. at Applicant/ The Applicant/Subdivider, a ense, shall Subdivider's sole cost and xP construct all facilities necessary for dewatering all parcels to the satisfactiofacilities City not Engineer. For dewatering approval roval an constructed prior to parcel map agreement shall be executed and security sfhallthe be posted, guaranteeing completion approval. prior to parcel map improvements, P submit to the City Applicant/Subdivider shall Engineer the detail cost estimate for bonding purposes for all dewatering improviments prior parcel map approval. water or (22) Easements for diarcels sosal hall dra1nagbe edelineat d o and over adjacent P as approved by the City shown on the parcel map Engineer. (23) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits for construction upon any parcel that may be subject to drainage flows enter, leaving, or within that parcel for which a building permit is requested. (19) (20) (21) 14 W (24) An erosion control plan shall be submitted to and approved by the City Engineer prior to issuance of grading permits. (25) An offer of easements for drainage and drainage improvements, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. Streets (26) Street improvement plans (24" x 36" sheet format) prepared by a California registered Civil Engineer shall be submitted to and approved by the City Engineer prior to parcel map approval. (27) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all street improvements in accordance with plans approved by the City Engineer. For street improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel Map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all street improvements prior to approval of the parcel map. (28) New street centerline monuments shall be set at the intersections of. streets, intersection of streets with the westerly boundary of Parcel 1 and the easterly boundary of Parcel 3 of Parcel Map 1528, 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. (29) Prior to any work being performed in public right- of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office for work in the City of Diamond Bar in addition to any other permits required. (30) No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 15 (31) Base and pavement on all streets shall be constructed in accordance with a soils report and pavement thickness calculations shall be prepared by a qualified and registered engineer and shall be approved by the City Engineer or as otherwise directed by the City Engineer. (32) The street light at end of Hawkwood cul-de-sac shall be constructed to the satisfaction of the City Engineer. (33) All utility lines shall be placed underground in and adjoining the proposed tentative subdivision map. (34) Curbs and gutters for cul-de-sac at end of Hawkwood shall be constructed to the satisfaction of the City Engineer. Sewer and Water (35) Prior to parcel map approval the subdivider shall submit an area study to the City Engineer and Los Angeles County Department of Public Works to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is MW found to be of insufficient capacity, the problem shall be resolved to the satisfaction Department City of Engineer and Los Angeles Y P Public Works. (36) 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 subdivision shall be connected to the City sewer system. (37) 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 Department of Public Works, and Los Angeles County Sanitation Districts prior to parcel map approval. (38) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all sewer system improvements. For sewer system improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted guaranteeing 16 completion of the improvements prior to parcel map approval. Applicant/ Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all sewer system improvements prior to approval of the parcel map. (39) The Applicant/ Subdivider shall obtain connection permit(s) from the City, Los Angeles County Public Works Department and County Sanitation District prior to issuance of building permits. The subdivision area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and Los Angeles County Sanitation District No. 21. (40) An offer of easements for sewer system improvements, as required by the City Engineer, shall be made on the parcel map prior to parcel map approval. (41) Domestic water system improvement plans, designed with appurtenant facilities to serve all parcels in the land division and designed to Walnut Valley Water District (WVWD) specifications, shall be provided and approved. by the -City Engineer and WVWD. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The main lines shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (42) The Applicant/Subdivider, at Applicant/ Subdivider's sole cost and expense, shall construct all domestic water system improvements. For water system 'improvements not constructed prior to parcel map approval an agreement shall be executed and security shall be posted, guaranteeing completion of the improvements, prior to parcel map approval. Applicant/Subdivider shall submit to the City Engineer the detail cost estimate for bonding purposes for all domestic water system improvements prior to approval of the parcel map. (43) Separate underground utility services shall be provide to each parcel, including water, gas, electric power, telephone and cable TV service, in accordance with the respective utility company standards. Easements that may be required by the utility companies shall be approved by the City Engineer prior to granting. 17 public utility and ses, as raga (44) An offer Of easements for P ired by the City public services purporiot to Engineer, shall be made on the parcel map p parcel map approval. Applicant/Subdivider shall relocate as and (45) any existing on-site uof 1 the sCity undergroundand to the satisfaction necessary ective utility owner. Engineer and the resp Reclaimed designed d water system improvement plans, (46) nant facilities capable of delivering with appurtenant portions of the subdivision reclaimed water to all p each parcel in the subdivision and and serving Water District ved by by to Walnut ValleyWater and approved specifications, shall be p the City Engineer and Wim• (47) Applicant/Subdiv, at 'Applicant/Subdivider's ider, sole cost and expense, shall construct mainl including and stem improvements, water system of delivering reclaimed service lines capablethe subdivision. water to all portions of to the City Applicant/Subdivider, shall submitto bonding Engineer the detail. cost estimate water system purposes for all reclaimed improvements prior to approval of the parcel map. is into agreement not currently reclaimed imed water supply Subdivider shall enter (48) As to the available,construct system, to design and Engineer and the Walnut satisfaction of the City The system shall be Valley Water District. of non-domestic designed to permit "switch over" ed subdivision. services on each at such time a reclaim lot l water supply is to the available posted to guarantee Irrevocable security shall be the performance of this agreement, licant/Subdivider shall install portions of (49) The App stem (main and irrigation the reclaimed water able of delivering reclaimed service lines) if any, of the water to those designated areas, or landscape subdivision for which the homeownersrid/ association irrigation is responsible forprovide for This installation shall P maintenance.the switch -over a present connectioninclude rovisions fortthe`„,ater system and shall incl p to the future reclaimed water system - 18 it a The City Clerk shall: (a) Certify to the adoption of this Resolution; (b) This City Council hereby provides notice to Warren Dolezal of the Dolezal Family Limited Partnership that the time within which judicial review of the decision represented by this resolution must be sought is governed by the provisions of the California Code of Civil Procedures, Section 1094.6; and (c) Forthwith transmit a certified copy of this Resolution, by certified mail to: Warren Dolezal of the Dolezal Family Limited Partnership, 4251 S. Higuera Street, San Luis Obispo, CA 93401; APPROVED AND ADOPTED THIS THE 20TH DAY OF JUNE, 1995, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR BY: 4Yllis E. Pape , Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify, that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the City Council held on the 20th day of June,.1995, by the following vote: AYES: COUNCIL MEMBERS: Ansari, NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST: Lyr-dh Burgess, City Clerk 19 Harmony, MPT/Werner and M/Papen ��j7"�SF5952p5p$ RS �g R r E• R. . 9 9 raRE R' y - q q^• R ?R' :4E ^•• A Y VA »E SI F A i �8 !jig 12 �_Z RL 4 " A_% E�� � LE rA R� €� €t A d B R R �- C1S,�j G 7<7 R y AF j qq A p M. R. E R 9 R� ES �^ X G 6.FR b Ld. Gq ,Isaa 11e r •ii f. L = 9 fA•". 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OAK TREE PERMIT NO. 95-2 92-1 AND CITY OF DIAMOND BAR Project Descrintion The Dolezal Family Limited Partnership filed an application the City of Diamond Bar rerceMp with 23382, Conditional Use questing approval of Parcel Ma 95-2• The Parcel Ma Permit No. 92-1 and Oak Tree Permit No. parcel into four residential lots. a 2.55 re required b The Conditional gUse sper it is y the City of Diamond Bar Hillside Management ordinance for grades in excess of 10 percent and for lots which ar partly in an area designated as The project a a significant ecological a in or four custom homescant proposes a development con area. Homes would rangeain sizefoma containing 4,000 to 8,000 square feet and would be families. marketed to upper incely Country Estates" to the site will be provided throughupper Income is a private community "The CountryEstates" "The site is y having restricted acess. Tdevelopment proposed to be annexed to "The Country The project Homeowners Association. Y Estates provided through a An emergency access only provided Road. gated connection between Steeplechase route will abe n Street lightingin not Lane and proposed. Parcel Map No. 23382 Tree Permit No. _ Conditional Use Permit No. 92-1 and Oak Council of Diamond Bawas approved on June 20, This approval was valid9forytwoe City expiring June 20, 1997. amendment in 120, However, with the Subdivision Ma Act extension of time, this project was given an automatic one Act before the 1998- The aPPlicantTis Therefore, this project expired June 20Year project's expiration a one year extension of time � xPiration date. With the one ;year extension of time request Oak Tree Permit was also requested. on Lot 3 and an amendment ca the measures re Due to a landslide located only existing oak tree required to mitigate the landslide the oak tree =-e must be removed. ► the the o and a quires an amendment to the TOak pTree sPermit removal °f and the revision to Mitigated Negative Declaration No. Mitigation Monitoring Program. 95-2 1 AENDED INITIAL, STUDY EXPLANATION OF 'eYES'e, 1'NO14 AND .1MAYBE64 ANSWERS Amended nitial Stud - F'nd' s of Fact 4. Plant Life (a -d) Potential Impact: Site development will result in removal of all on-site vegetation including the one existing within Lot: 3. The oak tree is located within a landslide are which, in , oak tree located In order t.oamitigateethesthe drip line Of landslide area with oak trees canopy. fill as prescribed b the required consulting (RKA Civil Engineering City's engineering Inc. Plan check, the oak tree must be removed performing the grading Discussion: The project site has been severely disturbed b grading, surface scraping and disking.Y Past disked regularly by Los Angeles CounThe project site is Purposes. y for fire prevention The oak tree is multi -trunk. The combined circumference of the two trunks is approximately 116 inches, as measured 4 the mean natural grade. The trees canopy feet in diameter. pY is approximately feet above Currently, the Cityfs Oak TreePermitrequires the preservation of multi -trunk oak trees with a combined circumference of any two trunks which is at least 38 inches measured 4k feet above the me an naturalgrade. When a oak trees circumference i. - circumference and the canopy has a iic es, the tree's survival rate, has identified oak through the Cit Oak rPerm proposes to replacedheoakt eet Tree Exhibit): larger than 25 inches in diameter larger than 30 when relocated, is very slim. trees as a valuable resource, process, the applicant as follows (see attached Oak a• At a 4:1 ratio with 36 inch box oak trees; b. Locations: (see attached Oak Tree Exhibit) 1. Lot 2 - two located adjacent to front line; property 2• Lots 3 - one located adjacent to front property line; and 3• Lot 4 - one located adjacent to front property line; 2 C. The replacement oak trees are re When grading is completed. quired to be planted be supervised by a certified andlicensedting sall arborist or biologist. ,The four replacement oak trees shall be protected and City's Oak Tree Permit preserved, pursuant to the link fencing,Process and as follows: chain installed 5feWith a minimum imam height sOf 4 feet feet from each trees trunk shall be whichever is line or 15 Replacement oak trees shall be greater. With a 100 percent survival rate. maintained in perpetuity trees shall be monitored for a 5 Year periReplacement oak periodic inspections and reports submittedoto with the cit. Planting material which ma y replacement trees y be installed within the only. Irrigation installiwithne ilnithis areadrought gshall be tolerant appropriate for drought tolerant ll be Planting material. d. "Buyers' Awarenessit Package g (given to each future homeowner at escrow, future homeowner, submitted to the signed receipt from the the future homeowners receipt of the ty� acknowledging include proper care and maintenance Of ) shall oak trees. thhee rreeplacement Finding: Because the oak tree is located within a land Of which, in part, traverses the drip canopy, the trees P line of the oak treeas area landslide area withrem removal is required, in order to la the de area engineering he required buttressingmitigate the bytheCi consulting fill as prescribed performing the grading plan check. (RKA Civil Engineering Inc.) been severely disturbed b Additionally, the site has disking which occurs regularly grading, surface scraping ire preventiony by Los Angeles Count p g and trees at a Purposes.:1ratTherefore, with replacement 36 inchfor boxoak one oak tree willtre1 i is not anticipated that the removal of Impact to Plant life. 3 MITIGATED NEGATIVE DECLARATION NO. 95-2 for Dolezal Family Limited Partnership 1. Parcel Map No. 23382 Conditional Use Permit No. 92-1 Oak Tree Permit No. 95-2 Dolezal Family Limited Partnership Project Parcel Map No. 23382, Conditional Use Permit 92-1, and Oak Tree Permit No. 95-2 City of Diamond Bar PROJECT DESCRIPTION - INITIAL STUDY Introduction This Initial Environmental Study has been prepared in accordance with Section 15063 of the Guidelines for implementation of the California Environmental Quality Act (CEQA). The initial study provides the factual and analytical basis for a Negative Declaration or to focus an EIR on the significant effects of a project. This initial study addresses the potential impacts associated with the Parcel Map, Conditional Use Permit, and Oak Tree Permit applications and ultimately, development of the property. Project Description The Dolezal Family Limited Partnership filed an application with the City of Diamond Bar requesting approval of Parcel Map No. 23382, Conditional Use Permit 92-1, and Oak Tree Permit No. 95-2. The Parcel Map proposes to divide a 2.55 gross acre parcel into four residential lots. The Conditional Use Permit is required by the City of Diamond Bar Hillside Management Ordinance for grades in excess of 10% and for lots which are in or partly in an area designated as a significant ecological area. The project applicant proposes a private development containing four custom homes. Homes would range in size from approximately 4,000 to 8,000 square feet and wound be marketed to upper income families. Access to the site will be provided through the "The Country Estates" development. "The Country Estates" development is a private community having restricted access. The project site is proposed to be annexed to "The Country Estates" Homeowners Association. A secondary emergency access route will be provided through a gated connection between Steeplechase Lane and Hawkwood Road (Baldwin, Tract 32974). Street lighting its not proposed. Parcel Map No. 23382 has been provided for review in Figure 1. Location and Access Location: T2S R9W 1/ OF NW 1/ SEC. 28 (YORBA LINDA 7.5' QUADRANGLE, SBBM) APN: 8713-017-08 Access: Regional access to the project vicinity is provided by the 57 Freeway. Arterial access to the project vicinity from the 57 Freeway is provided by Diamond Bar Blvd. Local access to the project site from Diamond Bar Boulevard is obtained from Shadow Canyon Drive, south to Steeplechase Lane, then southwest to its terminus at the southeastern boundary of the project. A Location map is provided on Figure 2 for review. prepared: April 1993 revised: March 1995 N 00 M N Z ILQ it J W U Q CL W Z w ggs 1_� S rS 0 oe i W a s II II � I Z 9,¢ Q M p3 f €Q � gg3qq 6- ir OR S rS 0 oe S rS i S rS WKWOOD RD. Figure 2 ROJECT LOCATION �N 4► Na to Seale David J. Tanner Location Map & Associates, Inc. 3' Tentapve Parcel Map 23382 Diamond Bar General Plan The contemplated Diamond Bar General Plan Land Use Element designates the project site as Low Density Residential (RL) maximum 3 du/ac. Site Zoning The project site is zoned R-1 (8,000). R-1 (8,000) zoning permits development of single family residential dwellings with a minimum lot site of 8,000 square feet. Significant Ecological Area The project site is located at the extreme northwestern edge of the Tonner Canyon/Chino Hills Significant Ecological Area (SEA) No. 15, pursuant to the Los Angeles County Significant Ecological Area Study completed in 1976. This study was prepared for Los Angeles County Department of Regional Planning by England and Nelson Environmental Consultants. According to this study, in order for an area to be designated "ecologically significant", it must contain undisturbed biotic communities and possess resources that are uncommon, raze, unique, or absolutely critical to the maintenance of wildlife. Based on this study, the SEA within Los Angeles County contains eight classification, each with its own criteria. These classifications and their criteria are as follows: Classification Criteria Class 1 Habitat of rare, endangered, and threatened plant and animal species; Class 2 Biotic communities, vegetative associations, and habitat of plant and animal species that are either one of a kind, or are restricted in distibution on a regional basis; Class 3 Biotic communities, vegetative associations, and habitat of plant and animal species that are either, one of a kind, or are restricted in distiution in L. A. County; Class 4 Habitat that at some point in the species' life cycle or group of species, serves as a concentrated breeding, feeding, resting, or migrating grounds and is limited in availability; Class 5 Biotic resources that are of scientific interest because they are either an extreme in physical/geographical limitations, or they represent an unsual variation in a population or community; Class 6 Areas important as game species habitat or as fisheries; Class 7 Areas that would provide for the preseryation of relatively undisturbed examples of the natural biotic communities in L. A. County; Class 8 Certain area that are worthy of inclusion, but do not fit any of the above criteria. 4 The project site (located within Tonner Canyon/Chino Hills SEA No. 15) is in Class 7. This particular SEA Class contains undisturbed stands of southern oak woodland, chaparral, coastal sage scrub, riparian woodland complex, California Walnut, and intermitent stream in the canyon bottom. However, the project site contains only one oak tree and is denude of any vegetation due to annual surface scraping/disking by the Los Angeles County Fire Department conducted over many year. As such, the project site does not meet the prerequisites or citeria for being in an SEA. Additionally, boundaries chosen for SEAS are based on ridgelines, toe of slope, interpretation of aerial photographics, and cultural features such as freeways, dams, and development. Steeplechase Lane (abutting the project site) is a ridgeline and could be a natural delineatation for the SEA. The project site falls north of this ridgeline. Based on this natural delineation and the fact that the site is reqularly disturbed and denude of vegetatation, it may be reasonable to suggest that the project site should not be designated as an SEA as it no longer meets any of the SEA criteria. Site Description Landform: The project site is irregular in shape, encompassing 2.55 gross acres. Elevations on- site range from 1077± at the southern property line to 1022± along the northern property line. The site slopes downward to the north averaging 15-20%. Approximately 75% of the site has been previously graded. Prior grading activities included: remedial grading to correct an unstable slope condition over the western/central portion of the site, grading for Steeplechase Lane along the southern boundary of the site, construction of an emergency access road along the western site boundary and remedial grading to construct a shear key along the northern property line for the Las Brisas Condominium project. Site Photos have been included in Figures 3 & 4 for review. Existing Land Use: The project site is privately owned vacant land. The entire project site is disked regularly by the County for fire prevention purposes. The project applicant is not utilizing the property in anticipation of development. Man-made Improvements: Six foot perimeter chain-link fencing has been erected on the north, east and west to restrict access. A 40 foot general utility and access easement containing a 20 foot paved emergency access drive for the Las Brisas Condominium project is located along the western site boundary. A concrete "V" ditch to control surface runoff has been constructed atop a manufactured slope (shear key) paralleling the northern property line. The entire site has been previously disturbed by grading and or disking. Numerous pieces of 12 inch ACP water pipe left over from the construction of Steeplechase Lane are present on the property, along with isolated areas of domestic litter. The project site lies adjacent to Steeplechase Lane, an unpaved private dirt road connecting Hawkwood Road (Baldwin, Tract 32974) on the west to Wagon Train Lane (serving PM -1528 to the south) and "The Country Estates" development (Tract 30289) on the east. Steeplechase Lane has a 60 foot right-of-way. Once improved, Steeplechase Lane will have two 14 foot travel lanes. An underground water main and fire hydrant have been constructed within the right-of-way of Steeplechase Lane adjacent. M View from 57 Freeway looking south. Project site is located just below ridgeline and above the Las Brisas Condominium project in center of photo. Telep oto view from the 57 Freeway looking south. Site Photos Photo Taken: March 1993 Figure 3 David J. Tanner & Associates, Inc. Tentative Parcel Map 23382 -` Figure View from the high point on the site looking north. Las Brisas Condominium project in foreground, 57 Freeway in background. View looking east along the site's northern boundary. Photo taken from north- western corner of site. Figure 5 View looking south along eastern site boundary. Photo taken from norzneaswrn writer of site. Steeplechase Lane (a private dirt road) shown along left side of photo. --I-I Site Photos Photo Taken: March 1993 David J. Tanner & Associates, Inc. Tentative Parcel Map 23382 C� _ '. _ -'`- _ ` ray•. ! _ }y. '14it*ta tftiu i ��fr-� r - ''" ,i � t ,.G. ��4r'� +•rte �� � i��t�� �' = J,�;'. vo OL __ ..ifii'� ,;•._ .�--v`, i,\ _.`_.. 'lam ._ •�., Z % > 9 -_-r c •r asp ✓ryr - �. w• �• "L 4 s r1 � ��� '���` �•� 'NCS -�` _ - �( �"e�"^ ii" Iv„f- `C' �1�4+�T�,,�,� � - �,s"vim• �.��>J I ` '. i \_ .%.L.1` 1 ti'�:•`ry {'" Y• C� _ '. _ -'`- _ ` ray•. ! _ }y. '14it*ta tftiu i ��fr-� r - ''" ,i � t ,.G. ��4r'� +•rte �� � i��t�� �' = J,�;'. vo OL __ ..ifii'� ,;•._ .�--v`, i,\ _.`_.. 'lam ._ •�., Z % > 9 -_-r c •r asp ✓ryr - �. w• �• "L 4 s r1 Public Utilities and Services Fire Supyreession: The City of Diamond Bar contracts with the County of Los Angeles Fire Department for fire protection services. Station 119, located at 20480 Fast Pathfinder Avenue, Walnut, CA. 91789 is the closest station. Station 119 will provide primary fire suppression and emergency paramedic response to the project site. Estimated response times range from 3-5 minutes. Taw Enforcement: The City of Diamond Bar contracts with the County of Los Angeles Sheriffs Department for law enforcement services. The nearest Sheriffs substation is located in Walnut. Telephone: The project site lies within the service area of the General Telephone Company of California. Electricity The project site lies within the service area of the Southern California Edison Company. Natural Gas: The project site lies within the service area of the Southern California Gas Company Water: The project site is within the service area of the Walnut Valley Water District. An existing 12 inches ACP line has been installed beneath Steeplechase Lane adjacent to the site. The District has indicated that they can provide water to the project. Sewer: The City of Diamond Bar contracts with the County of Los Angeles Sanitation Department for sewage treatment. The District has indicated that they can provide sewer service to the project site. chools: The project site lies with in the boundary of the Walnut Valley Unified School District. Students generated from the project would most likely attend Castle Rock Elementary, South Pointe Middle School and Diamond Bar High School. The District is experiencing overcrowding and has enacted a school impact fee mitigation program in accordance with Senate Bill 201. With the payment of impact fees, the District will be able to provide adequate school service to facilitate the project needs. Library: The City of Diamond Bar contracts with the County of Los Angeles for library services. . Solid Waste DiMs_al: The City of Diamond Bar contracts with the County of Los Angeles Sanitation District for solid waste disposal. Solid waste from the City of Diamond Bar is deposited in the Spadra Landfill. The City contracts with a private hauler for solid waste disposal in this area. Surrounding Land Uses The project site is located in an area which has experienced significant growth over the past decade. The project site is surrounded by existing and or planned residential developments. Single family residential custom and tract developments lie adjacent to the project site on the east 10 ("The Country Estate" development, Tract 30289) and west (Baldwin, Tract 32974). Multi-family housing lies adjacent to the project site on the north (The Las Brisas Condominium project, PM 15434). Single family residential land uses have been approved or are proposed on the south (Parcel Map 1528 & proposed Vesting Tentative Tract 47850) but not constructed. The California Division of Forestry utilizes a portion of Parcel Map 1528 located south of the project site as a temporary emergency helicopter landing pad. The boundary of the Tonner Canyon/Chino Hills Significant Ecological Area (SEA) No. 15 is believed to lie immediately east of the project site. SEA 15 encompasses approximately 3,600± gross acres. In total, the County of Los Angeles has established 52 SEA's to maintain the integrity of the County's varied ecological resources. SEA 15 was originally established by the County to protect relatively undisturbed stands of Southern Oak Woodland, Chaparral, Coastal Sage Scrub and Riparian Woodland complex. ExistinE Environmental Setting Drainage: Surface runoff sheet flows to the north where it is intercepted by a concrete lined "V" ditch paralleling the northern property line. From this point runoff flows easterly into the Las Brisas Condominium project where it is channeled into an underground storm drain system. Flora and Fauna: Two biological site investigations have been conducted on the project site. The first was conducted under contract with the project applicant in August of 1992 '. The second survey was conducted under contract with the City of Diamond Bar in March 1993 2. The purpose of the second survey was to have an independent evaluation of the applicant provided biological survey. Both biological site surveys concluded that the site has been severely disturbed by past surface scraping/disking. The project site is disked regularly by the County for fire prevention purposes. Pre -disturbance vegetation, based on extant remnants, consisted of coastal ;sage shrub and California Walnut Woodland, a designated special interest community. The site is bordered on all sides by development, further fragmenting the remnants of the walnut woodland. The wildlife potential on-site has been effectively removed due to past disturbance. Implementation of the project will eliminate approximately 0.5 acre of remnant walnut woodland. Biological Site Assessment, Parcel Map 23382 O'Farrell Biological Consultants, August 4, 1992 Z Biological Site Assessment, Parcel Map 23382 Biological Assessment Services, March 10, 1993 11 Because of the existing disturbed site and lack of wildlife developed habitat and the adjacent development surrounding the site, the impact to sensitive wildlife is deemed non- significant. Past disturbance on-site has removed most components of the walnut woodland. There is no longer a viable plant association. The remnants of this community on-site comprise isolated individual plants with no interactive understory. CulturalResources: A preliminary archaeological assessment of the project site was conducted in February 1993 3. Evaluation of the project site consisted of: 1) background research to determine if the property had been previously surveyed and if cultural resources had been recorded within a one -mile radius of the project site: and 2) an intensive pedestrian survey of the project site. The records survey indicated that no cultural resources have been identified on-site or within a one -mile radius of the project site. The pedestrian survey did not find any evidence of cultural resources on-site. The archaeologist concluded that development of the project site poses no .threat to known cultural resources. Visual Resources: The project site is situated on the northern flank, near the top of a prominent ridgeline. This ridgeline trends in an east -west direction. Nearly all of the northern flank has been developed for residential land uses. Diamond Bar Boulevard has been constructed along the base of this slope. Farther north, lies the 57 Freeway. The majority of the project site is visible from the 57 Freeway (from 1/2 mile north of the Diamond Bar Boulevard interchange to the Pathfinder Avenue interchange in both directions). In general, views of the site increase as the distance from the site increases. This results because the Las Brisas Condominium project and its landscaping substantially block views from the lower elevations closest to the bottom of the slope. Only limited vistas of the site can be obtained from Diamond Bar Boulevard. 3 Arcbaeological Assessment, Parcel Map 23382, Diamond Bar, CA, Scientific Resource Surveys, February 22, 1993 12 1. Background 1. Name of Applicant: Warren Dolezal 2. Address and Phone Number of Proponent: I)olezal Family Limited Partnership 4251 South Higuera Street, San Louis Obispo CA 93401 Phone: (805)544-3990 3. blame, Address and Phone Number of Project Contact: Hunsaker And Associates San Diet ._ Inc. 10179 Hunnekens Street, San Diego. CA, 92121 Phone: (619) 558-4500 Contact Person: Mr Lex Williman 4. Date of Environmental Information Submittal: February 17, 1992 5. Date of Environmental Checklist Submittal: April 5. 1993 6. Lead Agency (Agency Required Checklist): City of Diamond Bar 7. Name of Proposal if applicable (Tract No. if Subdivision): Tentative Parcel Map 23382. Conditional Use Permit 92-1 and Oak Tree Permit NO 95-2 8. Related Applications (under the authority of this environmental determination): Site Development Permit(s), Grading P1anf s) & Building Permit ss) Variance: Conditional Use Permit: Zone Change: General Plan Amendment: Oak Tree Permit Completed Environmental Information Form) II. Environmental Impacts: (Explanations and additional information to supplement all "yes" and "possibly" answers are required to be submitted on attached sheets) YES NO POSSIBLY 14 1. Earth. Will the proposal result in: • a. Unstable earth conditions or changes in geologic substructures? • b. Disruptions, displacements. compaction or overcovering of the soil? •C. Change in topography or ground surface relief features? • d. The destruction, covering or modification of any unique geologic or physical feature? C. Any increase in wind or water erosion of soils, either on ar off the site? f. Changes in deposition, erosion of stream banks or land adjacent to standing water, changes in siltation, deposition or other processes which may modify the channel of constant or intermittently flowing water as well as the areas surrounding permanent or intermittent standing water? g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure. or similar hazards? 2. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? • b. The creation of objectionable odors? C. Alteration of air movement, moisture, or temperature, or any changes in climate. either locally or regionally? 3. Water. Will the proposal result in: • or a. Changes in currents or the course direction of water movements? 14 YES NO POSSIBLY a. Change in the diversi ty of species, or number _ b. Changes in absorption rates, drainage patterns, or the rate and amount of surface • run-off? . b. Reduction in the numbers of any unique rare _ C. Alterations of the course or flow of flood • waters? • C. Reduction in the size of sensitive habitat . d. Changes in the amount of surface water in any body of water? • _ e. Discharge into surface waters, or in any alterationof surface water quality including but not limited to dissolved oxygen and • turbidity? e. Reduction in acreage of any agricultural _ f. Alteration of the direction or rate of flow of ground waters? _ g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an • aquifer by cuts or excavations? _ h. Substantial reduction in the amount of water otherwise available for public water supplies? • i. Exposure of. people or property to water related hazards such as flooding? 4. Plant Life. Will the proposal result in: • a. Change in the diversi ty of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? • . b. Reduction in the numbers of any unique rare of endangered species of plants? • _ C. Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? • . d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? • e. Reduction in acreage of any agricultural crop? 15 YES NO POSSIBLY 7. Light and Glare. Will the proposal result in: a. Significant new light and glare or contribute significantly to existing levels of light and glare? 8. Land Use. Will the proposal result in: • a. A substantial alteration of the present or planned land use in an area? 9. Natural Resources. Will the proposal result in: • a. -An increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal result in: • a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides. chemicals or radiation) in the event of an accident or upset condition? 16 4. Animal Life. Will the proposal result in: • a. Change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish, and shellfish, benthic organisms and insects)? • b. Reduction in the numbers of nay unique rare or endangered species of animals? C. Introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? • d. Reduction in size or deterioration in quality of existing fish or wildlife habitat? 6. Noise. Will the proposal result in: a. Significant increases in existing noise levels? b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal result in: a. Significant new light and glare or contribute significantly to existing levels of light and glare? 8. Land Use. Will the proposal result in: • a. A substantial alteration of the present or planned land use in an area? 9. Natural Resources. Will the proposal result in: • a. -An increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal result in: • a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides. chemicals or radiation) in the event of an accident or upset condition? 16 YES NO POSSIBLY •_ b. Probable interference with an emergency response plan or an emergency evacuation plan? 17 11. Population. Will the proposal: a. Alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect: •_ a. Existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal • result in: _ a. Generation of Substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? •_ C. Substantial impact on existing transportation systems? • d. Alterations to present patterns of circulation or movement of people and goods. •_ e. Alterations to waterborne, rail or air traffic? •_ f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: 1. Fire Protection? • _ 2. Police Protection? •_ 3. Schools? 17 YES NO POSSIBLY • d. Parks or other recreational facilities? i5. Maintenance of public facilities, including roads? • 6. Other governmental services? 15. Energy. Will the proposal result in: a. Useof substantial amounts of fuel or energy? • b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? 16. Utilities. Will the proposal result in: • a. A need for new systems, or Substantial alterations to public utilities? 17. Human Health. Will the proposal result in: • a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18. Aesthetics. Will the proposal result in: ia. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to the public view? 19. Recreation. Will the proposal result in: �. a. An impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in: • a. The alteration of or the destruction of a prehistoric or historic archaeological site? 18 YES NO POSSIBLY 0 b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? C. A physical change which would affect unique ethnic cultural values? d. Restrictions on existing religious or sacred uses within the potential impact area. 21. Mandatory Findings of Significance? a Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish orwildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the proposed project have the potential to achieve short-term, to the disadvantage of long -term, -environmental goals? Does the proposed project pose impacts which are individually limited but cumulatively considerable? Does the project pose environmental effects which will cause substantial adverse effects on human .beings, either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION: (Attach Narrative) IV. DETERMINATION: On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. • I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been incorporated into the proposed project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find that the proposed project 11AY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date: Signature: 9'eclivkYA Ti t 1 e : N aN For the City of Diamond Bar, California 20 Dolezal Family Limited Partnership Project Parcel Map No. 23382, Conditional Use Permit 92-1, and Oak Tree Permit No. 95-2 City of Diamond Bar INITIAL STUDY EXPLANATION OF "YES", "NO" AND "MAYBE" ANSWERS Initial Study - Findings of Fact 1. Earth: (a -g) Potential Impact: The proposed project will result in grading over the majority of the site to create residential building pads and yard areas. Approximately 2,300 cubic yards of earth redistribution is anticipated. Grading of the 2.55± acre site will alter the existing contour of the land. Grading will have the potential to result in short term soil erosion, and may induce accelerated sedimentation/siltation of downstream flood control facilities. Grading will also result in disruption, displacement and compaction of these erodible soils. Site development will subject future residents to earthquake hazardous typically experienced throughout Southern California. Discussion: Approximately 75 % of the site has been previously graded. Prior grading activities included;; remedial grading to correct an unstable slope condition over the western/central portion of the site, grading for Steeplechase Lane along the southern boundary of the site, construction of an emergency access road along the western site boundary and remedial grading to construct a shear key along the northern property line for the Las Brisas Condominium project. The site is disked regularly by the County for fire prevention purposes. The impact to the natural landform. from site grading is considered insignificant. Erosion and sedimentation can be readily controlled by various management practices and techniques through an erosion control plan. An erosion control plan and National Pollutant Discharge Elimination System (NPDES) permit are required prior to site grading. These programs incorporate the following erosion control measures to insure that the potential for increased erosion and sedimentation during grading are maintained at a level of insignificance. Erosion Control Measures Erosion control measures will be implemented during all phases of construction to revent the loss of on-site soils as required by the City of Diamond Bar. All appropriate cleared areas will be re -planted immediately after grading to prevent the erosion of soils by wind or water. These plantings may be permanent or temporary in nature. All cleared areas will be regularly watered to prevent erosion by wind or water. Watering will be increased on excessively hot or windy days; grading activities will cease when wind speeds exceed 15 mph and during Santa Ana conditions and during Stage I smog episodes. 21 During the rainy season, erosion control dikes and sandbags shall be placed at appropriate intervals in roadway cuts. Install construction equipment wheel washes at the entrance/exits of the construction sites. Public roadways providing access to the construction sites shall be cleared of soil on a regular basis. The project site is located in a region known for its seismic activity. While no known active faults occur on the property, the site could be impacted by earthquakes generated from the Whittier, Chino and San Anderas fault zones. Seismic activity on these faults has the potential to generate strong ground shaking. Because of the proximity of the site to these active earthquake faults and the intensity of ground shaking anticipated during a major event, project development will expose people and property to geologic hazards; damage to residential structures may be experienced in a major earthquake. However, buildings designed to the standards of the Uniform Building Code will reduce this exposure to an acceptable level of risk and the effect is therefore considered insignificant. Finding: Site development may have a significant impact on the environment. However, existing regulations mitigate potential impacts to a level of insignificance. 2. Air: (a -c) Potential Impact: The proposed project will generate both short and long-term, primary and secondary air emissions. Short-term pollutants will be generated locally by construction equipment emissions and by dust from grading activities. Long-term pollutants will be generated locally from the use of natural gas for cooking and space heating and through use of the automobile by future residents. Long-term pollutants will be generated off-site at electrical generation facilities. Discussion: The project is not anticipated to result in the creation of objectionable odors, or in alteration of air movements, moisture, temperature, or climate. The project site lies within the South Coast Air Basin. The South Coast Air Quality Management District (SCAQMD) regulates airborne emissions within the basin. The SCAQMD has released "Guidelines For Implementing the 1989 Air Quality Management Plan (AQMP). The proposed project will contribute incremental quantities of air pollutants locally, at levels well below the threshold criteria suggested by the SCAQMD for determining significance. The project developer(s) is required to comply with SCAQMD Rule 403 to protect against windblown soil erosion during grading. Emissions from construction equipment are also regulated by the AQMP. The Uniform Building Code, Title 22 requires utilization of 22 energy efficient appliances and building practices. Combined, these measures minimizing the potential for significant impacts to air resources. Finding: Site development may have a significant impact on the envirorunent. However, existing regulations mitigate potential impacts to a level of insignificance. 3. Water: (a -i) Potential Impact: Site development will increase the amount of impervious surfaces on-site and result in an incremental increase in off-site runoff. Landscape irrigation will incrementally increase the amount of water absorbed into the soil. Site grading has the potential to increase erosion on-site and increase off-site siltation of down stream storm drain facilities. Discussion: Site development will not result in the need for new or upgraded off-site drainage: facilities. The incremental increase in off-site runoff and on-site absorption anticipated from site development is considered insignificant. Erosion and sedimentation can be readily controlled by various management practices and techniques through an erosion control plan and NPDES permit. The grading permit and NPDES process is designed insure that potential erosion and siltation effects to water resources are maintained at a level of insignificance. Finding: Site development may have a significant impact on the environment. However, existing regulations mitigate potential impacts to a level of insignificance. 4. Plant Life: (a -d) Potential Impact: Site development will result in removal of all on-site vegetation with the exception of one oak tree within lot ##3. Site grading and development in close proximity to this oak tree could destroy it. New urban landscapes will be planted by the individual home owners following development. Discussion: The project site has been severely disturbed by past grading, surface scraping and disking. The project site is disked regularly by the County for fire prevention purposes. The site is bordered on all sides by existing and or planned development. The project site is located at the extreme northwestern edge of the Tonner Canyon/Chino Hills Significant Ecological Area (SEA) No. 15. The City has identified oak trees as a valuable resource. Oak woodlands have been rapidly decreasing in size throughout Southern California as a result of wide -spread urban development. The City has adopted an Oak Tree Permit process to protect these oak resources. While the proposed project does not propose to remove the singular oak tree on-site. The following measures shall be considered during the site plan review stage to minimize: accidental damage to the oak tree. 23 a. Prior Construction Damage: The large concentration of concrete pipes stacked against the trunk and accumulated soil shall be removed. The area within the dripline should be hand aerated to rectify soil compaction which has occurred. b. Protection/Preservation Measures: 'Pursuant to the City's Oak Tree Permit process, chain link fencing, with a minimum height of four (4) feet, shall be installed five (5) feet outside the tree's dripline or 15 feet from its trunk, shich ever is greater. C. Maintenance Guidelines: In addition, improper care and maintenance by the homeowner can result in damage and or death to the oak tree. The site developer and future homeowner shall be provided a copy of the Oak Tree Management Guidelines contained in the Biota report review attached hereto. Finding: Because of the small scale of the project, its disturbed nature and location adjacent to urban developments, site development is not anticipated to result in a significant impact to plant life. 5. Animal Life: (a -d) Potential Impact: Site development will result in the displacement of all wildlife onsite. Site development may result in the introduction of domestic cats and dogs onto the site and the SEA. Upon completion of landscaping, wildlife compatible with urban areas is anticipated to utilize the project site for nesting and foraging. Discussion: The wildlife potential on-site has been effectively removed due to past disturbance. Because of the existing lack of wildlife developed habitat and the adjacent development surrounding the site, the impact to sensitive wildlife is deemed non- significant. The project site is located at the extreme northwestern edge of the Tonner Canyon/Chino Hills Significant Ecological Area (SEA) No. 15. The potential impact to the SEA from site development is not considered significant. However, the following measure is recommended to help maintain the biologic integrity of the Tonner Canyon/Chino Hills SEA. a. During the site plan review stage, consideration shall be given to minimize excessive amounts of light and glare directed toward the SEA (southeast). Consideration may include architectural design, lighting location, type of lighting, use of shields and landscaping. Finding: Because of the small scale of the project, its disturbed nature and location adjacent to urban developments, site development is not anticipated to result in a significant impact to animal life. 24 a 6. Noise: (a -b) Potential Impact: Site development will result in the generation of both short and long- term noise. Short-term construction noise will be generated locally during the construction of each residential unit. The use of the automobile by future residents will result in an incremental increase in long-term noise levels within the community. Discussion: Ambient noise levels within the project site are considered low. Existing ambient noise is generated by low density residential land uses. Approval of the project is not anticipated to subject people to noise levels in excess of state or local standards for interior and/or exterior residential uses. The project developer(s) is required to comply with existing regulations that govern construction noise, minimizing potential impacts to nearby noise receptors. Finding: Site development may have a significant impact on the environment. However, existing regulations mitigate potential impacts to a level of insignificance. 7. Light and Glare: Potential Impact: Site development may result in the generation of long-term light and glare. Discussion: Ambient levels of light and glare on the project site are considered low. Existing ambient light and glare is generated by low and medium density residential land uses to the north east and west as well as the 57 Freeway to the north. Site development will add incremental quantities of light and glare to the project vicinity. No street lighting is proposed. The potential impact to the SEA from project -related light and glare is not considered significant. However, the following measure is recommended to help maintain the biologic integrity of the Tonner Canyon/Chino Hills SEA. a. During the site plan review stage, consideration shall be given to minimize excessive amounts of light and , glare directed toward the SEA (south). Consideration may include architectural design, lighting location, type of lighting, use of shields and landscaping. Finding: Because of the small scale of the project, site development is not anticipated to result in a significant generation of light and glare. 8. Land Use: Potential Impact: Approval of the proposed project will permit development of four custom homes on the project site. 25 b. Noise: (a -b) Potential Impact: Site development will result in the generation of both short and long- term noise. Short-term construction noise will be generated locally during the construction of each residential unit. The use of the automobile the futureresidentswill result in an incremental increase in long-term noise levels w ty. Discussion: Ambient noise levels within the project site are considered low. Existing ambient noise is generated by low densityss of state orroval of the local standardsfect or is not anticipated to subject people to noise levels in exce interior and/or exterior residential uses. The project developer(s) is required to comply with existing regulations that govern construction noise, minimizing potential impacts to nearby noise receptors. Finding: Site development may have a significant impact on the environment. However, existing regulations mitigate potential impacts to a level of insignificance. 7. Light and Glare: Potential Impact: Site development may result in the generation of long-term light and glare. Discussion: Ambient levels of light and glare on the project site are considered low. Existing ambient light and glare is generated by low and medium density residential land uses to the north east and west as well as the 57 Freeway to the north. - Site development will add incremental quantities of light and glare to the project vicinity. No street lighting is proposed. The potential impact to the SEA from project -related light and glare is not considered significant. However, the following measure is recommended to help maintain the biologic integrity of the Tonner Canyon/Chino Hills SEA. n to minimize a. During the site plan review stage,nd lace 1 directed stward the be SEA (south). excessive amounts of fight a . g of lighting, Consideration may include architectural design, lighting location, type use of shields and landscaping. Finding: Because of the small scale of the project, site development is not anticipated to result in a significant generation of light and glare. 8. Land Use: Potential Impact: Approval of the proposed project will permit development of four custom homes on the project site. 25 Discussion: The proposed project is consistent with the City's contemplated General Plan and Zoning Ordinance. The project site is surrounded by existing residential and or planned residential land uses. Finding: For the reasons discussed above, site development is not anticipated to result in a significant impact to land use. 9. Natural Resources: Potential Impact: Site development will consume both renewable and non-renewable natural :resources over the life of the project. Non-renewable natural resources include the use of fossil fuels (for the generation of electricity and fuel for automobiles) and natural gas (for space heating). Renewable lumber products will be used as a construction material'.. Discussion: Site development is not anticipated to use abnormally large quantities of natural resources. The project developers) and future homeowners are required to comply with existing regulations to reduce the generation of solid wastes to off-site landfills (AB939) and are encouraged to recycle which further minimize the consumption of natural resources. Finding: For the reasons discussed above, site development is not anticipated to result in a significant impact to natural resources. 10. Rist; of Upset: (a -b) Potential Impact: Site development may involve the temporary storage of fuels and oils used by grading equipment. While the risk of spillage and or leakage of small quantities of diesel fuel or engine oil is considered remote, this potential exists at any construction site. Discussion: The project will not involve the risk of explosion or the release of hazardous substances. The project will not interfere with emergency response plans or emergency evacuation plans. The project developers is required to comply with existing regulations to protect against the risk of spillage and or leakage of toxic materials including diesel fuel and engine oil. In addition. the project developers is required to mitigate off-site waterborne construction pollutants through the existing NPDES permit process. Combined, these measures minimizing potential the risk of upset from site development. Finding: Because of the projects small scale and existing regulations in effect, the proposed project is not anticipated to result in a significant risk of upset. 26 11. Population: Potential Impact: Site development will result in a population increase of approximately 14 residents. Discussion: The proposed project is consistent with the City's contemplated General Plan and Zoning Ordinance. The project site is surrounded by existing residential and or planned residential land uses. Site development is consistent with growth projections for the project site. Finding: For the reasons discussed above, site development is not anticipated to result in a significant impact to population. 12. Housing: Potential Impact: Site development will increase the City's housing stock by four single family detached homes. Discussion: The proposed project is consistent with the City's contemplated General Plan and Zoning Ordinance. The project site is surrounded by existing residential and or planned residential land uses. Site development is consistent with growth projections for the project site. Finding: For the reasons discussed above, site development is not anticipated to result in a significant impact to housing. 13. Transportation/Circulation: (a -f) Potential Impact: Site development will generate approximately 48 average daily trips to the local circulation system. Access to the site will be provided by Steeplechase Lane, a private street having restricted access. Discussion: Because of the small scale of the proposed project, the site development will have minimal impact on existing traffic levels or circulation patterns. The project will not result in alterations to waterbome, rail or air traffic. Finding: For the reasons discussed above, site development is not anticipated to result in a significant impact to Transportation/Circulation. 14. Public Services: (a, 1-6) Potential Impact: Project development will incrementally increase the demand for public services; e.g., law enforcement, fire protection, school and park facilities. Discussion: The project will contribute development fees as required by the City for law enforcement, fire protection and public park facilities. These funds will ensure that 27 sufficient services and facilities are provided to accommodate the demand generated by this development. The project site lies with in the boundary of the Walnut Valley Unified School District. The District is experiencing overcrowding and has enacted a school impact fee mitigation program in accordance with Senate Bill 201. With the payment of impact fees, the District will provide adequate school services to facilitate the project's needs. Finding: Existing regulations mitigate potential impacts to a level of insignificance. 15. Energy: (a -b) Potential Impact: Site development will consume both renewable and non-renewable energy resources. Non-renewable energy resources include fossil fuels (generation of electricity and fuel for automobiles) and natural gas (space heating and cooking). Discussion: Site development is not anticipated to result in the use of substantial amounts of fuel, or a substantial increase in demand for energy or the development of new sources of energy. The project developers) and future homeowners are required to comply with existing regulations to reduce the use of non-renewable energy resources. These regulations include; compliance with energy efficient design standards, use of emergency efficient household appliances and recycling programs (AB939). Renewable solar energy will be used for passive space heating and cooling of residential dwellings and swimming pools. Finding: Insignificant effect. 16. Utilities: Potential Impact: Project development will incrementally increase the demand for public utilities; e.g., water and sewer service, electricity and natural gas. Discussion: Utilities are available adjacent to the project site and will be extended from Steeplechase Lane onto the project site. The project will pay connection fees as required by the City. Finding: Insignificant effect. 17. Human Health: (a -b) Potential Impact: The proposed project is not anticipated to result in the creation of any health hazards or the exposure of people to potential health hazards. Existing regulations are in-place which regulate construction materials used in residential construction. Finding: Insignificant effect. 28 18. Aesthetics: Potential Impact Approval of the proposed project will permit site development of four custom homes near the top of a ridge within the viewshed of the 57. Freeway and residential/commercial areas north of Diamond Bar Boulevard. Site development will require recontouring of the land to create residential building pads and yards. Approximately 2,300 cubic yards of earth redistribution is anticipated. Discussion: The natural appearance of the project site has been disturbed by past grading activities and contains litter from the construction of a water main along Steeplechase Lane. The project site is disked regularly by the County for fire prevention purposes. The site contains one large oak tree which is proposed to be incorporated in the design of the project. The project site is located in an area which has experienced rapid urban development. The entire site is surrounded by existing and or planned residential land uses. The project site is situated on the northern flank, near the top of a prominent ridgeline. Nearly all of the northern flank has been developed for residential land uses. The majority of the project site is visible from the 57 Freeway (from the Diamond Bar Boulevard interchange to the Pathfinder Avenue interchange in both directions). In general, views of the site increase as the distance from the site increases. This results because the Las Brisas Condominium project and its landscaping substantially block views from the lower elevations closest to the bottom of the slope. Only limited vistas of the site can be obtained from Diamond Bar Boulevard. Upon site development, the upper portions of the four homes will be visible from the north. Site development will be seen from adjacent areas with the Baldwin development to the west, the Country development to the east and Las Brisas Condominium project to the north. Residential land use on this site is consistent with the City's contemplated General Plan. The design of the proposed parcel map is consistent the City's zoning ordinance. This type of development will be similar in character to adjacent development on the east ("The Country Estates) and west (Baldwin Tract) and at a lower density than adjacent development on the north (Las Brisas Condominiums). The proposed project will be similar in character to planned residential development on the south (Parcel Map 1528). The project developer(s) is required to comply with the City's Hillside Management Ordinance which is designed to "preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the City of Diamond Bar". Each homesite will be required to undergo individual site plan review for conformance with the Development Review Ordinance. Combined, these measures insure that the potential adverse aesthetic impacts from site development is maintained at a level less than significant. Finding: Under these conditions, project development is not considered to be of aesthetic 29 significance. 19. Recreation: Potential Impact: Implementation of the proposed project will incrementally increase the demand on the City's existing recreational facilities. Discussion: In accordance with State regulations, the City requires the payment of in -lieu park improvement fees for developments of this size. The City utilizes this fee to acquire and/or improve new park and recreation facilities. Finding: Insignificant effect. 20. Cultural Resources: (a -d) Potential Impact: Approximately 2,300 cubic yards of earth redistribution will be required to construct residential building pads. Discussion: A records search and site investigation for cultural resources was preformed in February 1993. The records survey indicated that no cultural resources have been identified on-site or within a one -mile radius of the project site. The pedestrian survey did not find any evidence of cultural resources on-site. The archaeologist concluded that development of the project site poses no threat to known cultural resources. Finding: Insignificant effect. 21. Mandatory Findings of Significance: a. Discussion: The project site has been previously disturbed by grading activities. The site is disked on a regular basis by the County for fire prevention purposes. The site is fenced on the north, east and west. No rare or endangered species have been observed on or are anticipated to utilize the project in it's current state. No cultural resources have been reported within a one mile radius of the project site and none were observed during a site investigation. Finding: The project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife species to drop below self sustaining levels, threaten to eliminate or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. b. Discussion: The proposed project implements the long-term goals of the City's contemplated General Plan for development of this site and completes the improvement of Steeplechase Lane. 30 Id'J� qa ..'f ��++ u ✓ f L . v'wear �'P r 'v'7n � .. ^• Ia sol vp„ 4v✓' �M E C��"�f � �f o f„ c trr' Vrr� A o f ✓ uvrfr nr t, iunv IQ Ir erI "�?. .._.�,.. — v,.r � r,ltl� I �7 ;.... .. r .... �_I J.., nr �f�l 1 r.r r.r r r�rrm r� .i.. �1 ;' .�✓�a1 P fu{2 F t3 dd drd} �� I 4'.�� as ✓f 'fA zr./F J NY' � `� . I I I .t NdD ✓1? .,.P M ,MdJ (1 A✓vd �1 � � 1 I I fr Id'J� qa ..'f ��++ u ✓ f L . v'wear �'P r 'v'7n � .. ^• Ia sol vp„ ki I wx �i,v I wx �i,v \ ^� \ . \ \ \ § < \ :<� < \/ ` \ 2d)yy)� k{. F£ 1 Ysel � s D woo r it I Y�, f I1� F 1,�♦ v � b r n �: I II I 0 I '^"iI "W yy i 1 m< ..,........ ...... .. ....., . ,. ........... ,.. x ........., ., .........,., ............ _._.. IGlil W f I Iii 'IV" 1 7 1 NP[ !J V? " Ta 4� v Nf 1 7 1 e to �uFIIf1P,�llifvl; Ida ... ....... ur -jv evld (vr yl V-1 ciii, " 4� v Nf e to �uFIIf1P,�llifvl; Ida ... ....... ur -jv evld (vr yl V-1 Finding: The project will not have the potential to achieve short-term, to the disadvantage of long-term, environmental goals. C. Discussion: Site development will continue the planned implementation of the City's contemplated General Plan for this area. Increased urbanization adjacent and within significant ecological areas will increase pressure on those species sensitive to urban encroachment. Continued urban development within Diamond Bar will increase long-term service demands on public service and utility companies. Continued urban development will increase the number of automobiles utilizing local roadway and may necessitate the need for new and/or improved roadways. Long range infrastructure planning is based on the level of development anticipated by buildout of the contemplated General Plan. The proposed project and others approved in the project vicinity are consistent with the contemplated General Plan. Finding: The cumulative impact of the proposed project combined with other planned developments in the project vicinity is not considered significant. d. Discussion: The project does not involve the use of hazardous materials, pose the risk of explosion nor is it located in close proximity to such uses. Finding: The approval of the proposed Parcel Map, Conditional Use Permit, Oak Tree Permit, and ultimate construction of four custom homes is not anticipated to cause substantial adverse effects on human beings, either directly or indirectly. DETERMINATION: I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described herein have been added to the project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. 31 Id'J� qa ..'f ��++ u ✓ f L . v'wear �'P r 'v'7n � .. ^• Ia sol vp„ 4v✓' �M E C��"�f � �f o f„ c trr' Vrr� A o f ✓ uvrfr nr t, iunv IQ Ir erI "�?. .._.�,.. — v,.r � r,ltl� I �7 ;.... .. r .... �_I J.., nr �f�l 1 r.r r.r r r�rrm r� .i.. �1 ;' .�✓�a1 P fu{2 F t3 dd drd} �� I 4'.�� as ✓f 'fA zr./F J NY' � `� . I I I .t NdD ✓1? .,.P M ,MdJ (1 A✓vd �1 � � 1 I I fr Id'J� qa ..'f ��++ u ✓ f L . v'wear �'P r 'v'7n � .. ^• Ia sol vp„ ki I wx �i,v I wx �i,v \ ^� \ . \ \ \ § < \ :<� < \/ ` \ 2d)yy)� k{. F£ 1 Ysel � s D woo r it I Y�, f I1� F 1,�♦ v � b r n �: I II I 0 I '^"iI "W yy i 1 m< ..,........ ...... .. ....., . ,. ........... ,.. x ........., ., .........,., ............ _._.. IGlil W f I Iii 'IV" 1 7 1 NP[ !J V? " Ta 4� v Nf 1 7 1 e to �uFIIf1P,�llifvl; Ida ... ....... ur -jv evld (vr yl V-1 ciii, " 4� v Nf e to �uFIIf1P,�llifvl; Ida ... ....... ur -jv evld (vr yl V-1