HomeMy WebLinkAbout04/13/2010FILE COPY vLANNING
• 13, 2010
7:00 P.M.
South Coast Air Quality Management District
Government Center Building - Auditorium
21865 Copley Drive
Diamond Bar, CA
Chairman
Vice Chairman
commissioner
Commissioner
Commissioner
Tony Torng
Kathleen Nolan
Kwang Ho Lee
Steve Nelson
Jack Shah
Copies of staff reports or other written documentation relating to agenda items are on
file in the Planning Division of the Community Development Department, located at
21825 Copley Drive, and are available for public inspection. If you have questions regarding
an agenda item, please call (909) 839-7030 during regular business hours.
Written materials distributed to the Planning Commission within 72 hours of the Planning Commission
meeting are available for public inspection immediately upon distribution in the City Clerk's office at
21825 Copley Drive, Diamond Bar, California, during normal business hours.
In an effort to comply with the requirements of Title /I of the Americans with
Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any
type of special equipment, assistance or accommodation (s) in order to communicate at a
City public meeting must inform the Community Development Department at
(909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
OND'BSP I�
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
City of Diamond Bar
Planning Commission
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are I open I t - o , I the - p - ublic A member of the
public may address the Commission on the subject of one or more agenda items and/or other items of
which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request
to address the Commission should be submitted in writing at the public hearing, to the Secretary of the
Commission.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair.
However, in order to facilitate the meeting, persons who are interested parties for an item may be
requested to give their presentation at the time the item is called on the calendar. The Chair may limit
individual public input to five minutes on .any item; or the Chair may limit the total amount of time
allocated for public testimony based on the number of people requesting to speak and the business of
the Commission.
Individuals are requested to conduct themselves in a professional and businesslike manner.
Comments and questions are welcome so that all points of view are considered prior to the
Commission making recommendations to the staff and City Council.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be
posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject
matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission
may act on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of
the Community Development Department. Agendas are available 72 hours prior to the meeting at City
Hall and the public library, and may be accessed by personal computer at the number below.
Every Meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are
available for a nominal charge.
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and 4:30 p.m., Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030
General Agendas (909) 839-7030
email: info(cDci.diamond-bar.ca.us
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, April 13, 2010
AGENDA
W -111 r I III fsX0 ptul - AW -Kelly -em
Next Resolution No. 2010-08
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:. COMMISSIONERS: Chairman Tony Torng, Vice -Chairman
Kathleen Nolan, Kwang Ho Lee, Steve Nelson, Jack Shah
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete a
Speaker's Card for the recording Secretary (completion of this form is voluntarv).
There is a five-minute maximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
91111111111001 Ll I-i:l i! k 991-114 4 Z 111-11 'A
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the
agenda by request of the Commission only:
4.1 Minutes of Regular Meeting: March 23, 2010.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
-1 V
171-, 4n] 4W R
7.1 Site "D" Specific Plan — Pursuant to the Subdivision Map Act; Title 21 — City's
Subdivision Ordinance; and Title 22 Code Sections 22.60 and
22.70, the proposed project is to recommend approval of the following, to the
City Council:
General Plan Amendment No. 2007-03 — A request to change the land use
designations from Public Facility (PF) and General Commercial (C-1) to Specific
Plan
.3
Zone Change No. 2007-04 — A request to change the zoning districts from Low
Density Residential (RL), Low/Medium Density Residential (RLM), and
Neighborhood Commercial (C-1) to Specific Plan.
Specific Plan No. 2007-01 — A request to adopt the Site D Specific Plan for the
approximately 29.69 -acre site for the construction of 202 residential dwelling
units at a density of 20 units per acre; 153,985 gross sq. ft. of commercial use
at 1.0 floor area ratio; and approximately 8 acres of open space areas,
easements and rights -of way.
Tentative Tract Map No. 70687 — A request to establish separate residential,
commercial, and open space parcels; create an internal circulation system and
common open space areas; and establish easements and other rights-of-way
for utility and other purposes.
Environmental Impact Report No. 2007-02 — A request to certify the Final
EIR, which provides a detailed analysis of potential environmental impacts
associated with the development of the Specific Plan area. The EIR includes
mitigation measures for the project, addresses project alternatives, identifies the
environmentally superior project alternative, and adopts a statement of
overriding considerations.
Project Address: Site comprised of approximately 29,69 -acres located at the
southeast corner of Brea Canyon Road and Diamond Bar
Blvd. (Los Angeles County Assessor's Parcel Numbers
8714-002-900, 8714-002-901, 8714-002-902, 8714-002-
093, and 8714-015-001).
Applicant:' Walnut Valley Unified School District and City of Diamond
Bar
Lead Agency: City of Diamond Bar, Community Development Department
Recommendation: Open the public hearing to take public testimony from the
public regarding the staff EIR and all land use entitlements, and continue the
matter to the April 27, 2010 meeting.
CONTINUED PUBLIC HEARING(S):
8.1 Development Code Amendment No. PL2010-78 — An Ordinance of the City of
Diamond Bar amending the zoning regulations governing group residential uses
in residential zones and amending the Diamond Bar Municipal Code, and
providing reasonable accommodation provisions for the disabled, pursuant to
Government Code Section 65858(d). (Continued from March 23, 2010)
Applicant: City of Diamond Bar
APRIL 13, 2010
9.
PAGE 3 PLANNING COMMISSION AGENDA
Environmental Determination: The City has determined that this project is
exempt from the provisions of the California Environmental Quality Act (CEQA),
as prescribed under Section 15061(b)(3) of the CEQA Guidelines (no potential
for causing a significant effect on the environment), therefore, no further review
is required.
Recommendation: Staff recommends that the Planning Commission
recommend that the City Council approve Development Code Amendment
No. PL 2010-78.
PLANNING COMMISSION COMMENTS I INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future proiects:
11. SCHEDULE OF FUTURE EVENTS:
ETHICS TRAINING:
CITY'S 21st BIRTHDAY
CELEBRATION:
CITY COUNCIL MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
PLANNING COMMISSION
MEETING:
Thursday, April 15, 2010
6:00 p.m.
Diamond Bar Community Center
Saturday, April 17, 2010
11:00 a* m. 6:00 p.m.
Pantera Park, 738 Pantera Drive
Tuesday, April 20, 2010 - 6:30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Thursday, April 22, 2010
Government Center/ SCAQMD
Hearing Board Room
21865 Copley Drive
Tuesday April 27, 2010 — 7:00 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
APRIL 13, 2010 PAGE 4
TRAFFIC AND TRANSPORTATION Thursday, May 13, 2010 - 7:00 p.m.
COMMISSION MEETING: Government Center/ SCAQMD
Hearing Board Room
21865 -Copley Drive
12. ADJOURNMENT:
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MARCH 23, 2010
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: Vice Chairman Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice
Chairman Kathy Nolan, and Chairman Tony Torng.
Also present: Greg Gubman, Community Development Director; Lauren B.
Feldman, Assistant City Attorney; Grace Lee, Senior Planner; and Stella Marquez,
Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of March 9, 2010.
C/Nelson moved, C/Shah seconded, to approve the Minutes of the Regular Meeting
of March 9, 2010, as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
4.2 Development Review No. 2007-06: Minor Change to 2502 Razzak Circle.
C/Lee moved, VC/Nolan seconded, to approve Development Review No. 2007-06:
Minor Change to 2502 Razzak Circle. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
MARCH 23, 2010 PAGE 2 . PLANNING COMMISSION
91
.3
NEW BUSINESS: Review of possible City acquisition of - office build - ing and
associated property for conformance with the City's General Plan.
SP/Lee presented staffs report and recommended that Planning Commission adopt
the proposed resolution finding that the possible acquisition of the office building
and associated real property is in conformance with the City's General Plan.
C/Nelson asked what the square footage was of the current City Hall space.
SP/Lee responded approximately 12,000 square feet. C/Nelson asked if the City
Council Chambers would be at the new location. CDD/Gubman responded that that
decision has not yet been made. There is a significant amount of costly
construction and infrastructure needed to produce a Council Chamber so staff is
considering retaining the use of the AQMD Auditorium for the Council Chambers
until an evaluation can be completed to determine which would be the more cost-
effective approach. C/Nelson asked if the City is crowded in its current location and
CDD/Gubman responded that staff is overcrowded in the current location. In
addition to having staff grow into a very confined space, staff has found it necessary
to rent off-site storage units for files, archives, etc., therefore, not operating as
efficiently as it could be with the appropriate space.
VC/Nolan asked if there was an option to lease the space. She questioned if this
was a good time to purchase space. CDD/Gubman said that the City would not be
looking to lease the property. The property is on the market and given the historic
lows in property values and interest rates this would be the opportune time for the
City to make a purchase. At this time staff is considering purchasing the building or
renewing the current leased space. VC/Nolan asked if this purchase was pertinent
to better serving the community and CDD/Gubman responded that he would not be
able to answer that question until staff completes its due diligence. However, there
are several indications that this would be a prudent purchase decision at this time
and would provide the City the opportunity to do such things as relocate the
Diamond Bar branch of the Los Angeles County Library to a much larger facility
within the new building. Also, there is the possibility of providing a senior center
under the same roof. There are many potential opportunities to serve the
community more effectively than the current situation provides.
C/Shah asked about the cost benefit analysis; whether the building has been tested
for seismic design and energy efficiency; and, whether a new traffic analysis was
completed. CDD/Gubman responded that the cost benefit analysis is underway.
Staff is undergoing a thorough investigation of the building for seismic stability as
well as, the electrical and mechanical systems. Staff found that the building has
been meticulously maintained and is in excellent condition. The building was built a
little over 10 years ago and is up to current seismic standards. Staff is also looking
MARCH 23, 2010 PAGE 3 PLANNING COMMISSION
at establishing a. permanent emergency operations center at the new building so in
order to do that the building would need to meet the structural, requirements. One
consideration for having the library locate on the second story of the structure would
require load capacity analysis. Staff has decided that its preference would be to put
the library on the first floor should the library choose to be a tenant. Energy
efficiency is a good point and there is an opportunity to do some retrofits to the
building and incorporate sustainable development practices through current
technologies. Staff has had preliminary discussions with architects and engineers
and found that this may be one of the criteria that staff includes when this project
goes out to bid for tenant and other site improvements. In terms of the traffic
analysis, the site would not be subject to any CEQA requirement for traffic analysis.
The trip generation for City Hall is going to be the same and in terms of trip
distribution, the only change is that the trips are going to be disbursed from one side
of the street to the opposite side of the street. The building has 300 parking spaces
and was a call center for Allstate Insurance so the parking demand was much
higher than the City would anticipate. If a library goes in, there would be some off-
peak parking demand that would ameliorate some of the traffic issues that would be
present if another administrative office tenant occupied 100 percent of the building
with am/prn peak hours found in other tenants in the business park. At this time,
staff does not believe it is warranted for further traffic analysis.
C/Lee asked how much the City was willing to spend to procure this building and
CDD/Gubman said he did not have that information.
Chair/Torng said he toured the building and it is a nice building and very large. He
felt it would be a great site for the County Library and would be a great site for the
City.
VC/Nolan asked if the Commission was supposed to be considering purchase cost
versus lease costs at this point. CDD/Gubman said that staff was only asking that
the Commission make a finding of General Plan consistency. There is reference to
fiscal responsibility in the General Plan and that is being studied and will drive the
decision-making for this project. To that extent, the information staff is providing the
Commission about the due diligence process is the basis for the Commission to
make its General Plan consistency finding.
There was no one present who wished to speak on this matter.
C/Shah moved, Chair/Torng seconded, to find the possible acquisition of the office
building located at 21810 Copley Drive to be consistent with the City's General Plan.
Motion carried by the following Roll Call vote:
MARCH 23, 2010
I
PAGE 4
PLANNING COMMISSION
AYES:
COMMISSIONERS:
Nelson, Shah, VC/Nolan,
Chair/Torng
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Lee
ABSENT:
COMMISSIONERS:
None
7. PUBLIC HEARINGS:
7.1 Development Code Amendment No. PI -2010-787 An Ordinance of the City
of Diamond Bar amending the zoning regulations governing group residential
uses in residential zones and amending the Diamond Bar Municipal Code,
and providing reasonable accommodation provisions for the disabled,
pursuant to Government Code Section 65858(d).
APPLICANT: City of Diamond Bar
CDD/Gubman presented staffs report and recommended that the Planning
Commission recommend City Council approval of Development Code
Amendment No. PL 2010-78.
C/Shah asked if a small residential care facility of less than six people could
house parolee's. CDD/Gubman responded that parolee housing would not
apply. ACA/Feldman stated that one would be looking at the primary reason
the person was placed in the home so yes, it is possible that a parolee could
also be a recovering alcoholic but one is to look at the primary reason the
group of people are living together and if they are living together because
they were recently released from prison and they need a place to live as
opposed to people who live together because they want a community
environment where they can be sober together, that will be the criteria by
which category the residents would fall in. C/Shah asked if sex offenders for
example, could be living in these kinds of homes if they were recovering
alcoholics. ACA/Feldman responded yes; however, state law governs where
registered sex offenders can live. C/Shah asked how distances of 1/4mile,
etc., were arrived at and CDD/Gubman responded that staff studied various
separation distances for these uses and the intent was to make the distance
separation requirements as large as possible without getting to the point that
the ordinance would objectively ban everything from the City. Using the
map, he pointed out quarter mile buffers from schools, parks, and the library.
Staff also generated the maps with 500 foot, 700 foot, 1000 foot, half mile
and one mile buffers. What staff found is that if the separation is up to a half
mile everything would be zoned out of the City. Therefore, a quarter -mile is
as large as the City can extend the buffer and avoid excluding these homes
altogether. The large green circles (Referring to a map) indicate parolee
housing. Should a parolee home be located anywhere other than the
MARCH 23, 2010 PAGE 5 PLANNING COMMISSION
extreme points, the maximum number is reduced. If there is a group home
within a quarter mile which would draw another red circle in a certain area,
that would preclude the area from providing parolee housing. C/Shah asked
if there was a legal requirement for the City to have a certain number of
facilities. ACA/Feldman responded that parolee and probationer homes are
not licensed by the state and she was not aware of any Case law that
requires cities to provide ample spaces for them in the same way that the
City must provide space for adult businesses, for example. However, to ban
them from the City would effectively banish parolee's from the City which
may suffer a challenge. So, by drafting this very restrictive set of regulations
the City would provide one, two or three opportunities for a parolee house to
open in a multi -family zone and those facilities would be required to secure a
Conditional Use Permit before opening which would provide the City an
opportunity to further condition the facility in order to be consistent and
compatible with the neighborhood. CDD/Gubman further responded to
C/Shah that there is a requirement for 24/7 onsite supervision for parolee
homes. C/Shah recommended staff consider a greater distance for parolee
homes because 1320 feet appears to be too small a distance and, he would
like to see a security requirement included.
C/Nelson said he was not hearing that this was the most restrictive ordinance,
the City could write and still meet the law. Could the City write a more
restrictive ordinance that had the distance between the parolee houses so
great that only one could ever exist in Diamond Bar and if so, what would it
be? ACA/Feldman said she did not know if one was possible given all of the
combination of distancing requirements. If parolee homes could not be
within a certain distance of other group homes there is a possibility the
number could be zero so the way that it is written there is a potential for three
but it is highly unlikely that there would be more than a maximum of two
which is, in her opinion, the most legally sound way to draft the ordinance. If
the map showed only one possible location there is a possibility the number
could be zero due to the other distancing requirements and that would be an
effective ban so she believes it has to be more than one.
Chair/Torng asked what the maximum distance was that would be allowed
instead of 5,000 feet. If the maximum is 10,000 feet perhaps there would be
one only. CDD/Gubman again referred to the map in an effort to explain the
principal of 5,000 feet and reiterated that if the maximum were increased it
would not make a difference.
C/Nelson said it was difficult for him to buy the argument that certain things
would not happen. There are a lot of prisoners that may be eligible for
parolee homes. Fifty-two percent of those released are returned to jail and
why would the Commission, a decision-making body attempting to do the
PLANNING COMMISSION
best for the community, consider anything that was less than the absolute
most restrictive guidelines for these types of facilities in this City. He said he
would like to see, an ordinance
inance that meets the absolute minimum
requirements of the law and is the most restrictive in terms of allowing these
facilities in the City.
C/Shah said he agreed with C/Nelson 100 percent that the ordinance should
be as restrictive as possible without stepping on the law.
VC/Nolan asked if it was correct that there could not be a group home in the
same red area as a sober living home. ACA/Feldman responded that a
group residential cannot be 300 feet from any other group home. If the
group is there first, the sober living home cannot be excluded. If the sober
living home is there first, a group residential home cannot be within 300 feet
of the sober living home.
C/Shah -reiterated that he would like to see the ordinance as restrictive as
possible. ACA/Feldman felt that even though the 300 number could be
larger the point was that it could not be located around the protected homes
if the boarding houses do not have federal and state protections. This
number was meant to mirror the state's number.
CILee asked if there was a probation home in the City and CDD/Gubman
said he was not aware of any such facility operating in the City. C/Lee asked
if the City would have to give an applicant approval to operate this type of
facility and ACA/Feldman said an application would be the same as any
other Conditional Use Permit application that came before the Commission.
The Commission would look at the application, the compatibility, etc., and
determine if it can be conditioned to be compatible with the neighborhood.
Forgetting what type of application it is, it Would be the same question that
comes before the Commission with any CUP. The Commission has the
ability to deny the project depending on its findings. Staff prepared a very
protective ordinance while still allowing the minimum number of facilities.
Parolee homes are not regulated under state law.
VC/Nolan asked how the City becomes aware of group homes and how is
the City not trumped by state law? ACA/Feldman explained that staff
included a definition of a sober living home because they receive special
protection and because they are protected under the Federal F air Housing
Act. Staff said that if the facility really is a sober living home and have a zero
tolerance for alcohol and there is a list of operating requirements including
such things as members attending AA meetings, all owners and managers
and other supervisors on site are sober, etc., so if the sober living home
wants that protection it must prove to the City that, it is actually a sober living
MARCH 23, 2010 PAGE 7 PLANNING COMMISSION
home. If they are not, then they are subject to CUP requirements in the
multi -family zone and the distancing requirements. VC/Nolan said that
judging from past experience the City does not seem to know that such
homes exist until things get out of hand. CDD/Gubman explained that there
are instances where a use is established that under this ordinance the City
provides a better list of definitions, standards and criteria for establishing
uses. Still, a use can be illegally established. For example, on Sunset
Crossing Road there was a Cal Poly chapter of a fraternity house that was
operating and the City had to go through the City Prospector to discontinue
that use. There is no guarantee that there will not be instances where use
establishes itself illegally or they violate their conditions of approval and take
advantage of all of the due process privileges they have in the City's efforts
to remove them. What the City can do is define the uses and restrictions
more precisely through these regulations so that the extrication process can
be streamlines. ACA/Feldman further stated that the City has the nuisance
procedures so that if the facility is creating a nuisance the City is not required
to let that nuisance continue just because there is some state or federal law
protections protecting a class of people. The City has its Code Enforcement
procedures to ensure that the City is a safe and healthy place to live.
Chair/Torng said that if a person suffers a handicap and is also a parolee he
hopes that situation can be more clearly defined and that the monitoring can
be more closely regulated. CDD/Gubman explained that those particulars
can be written into the Conditional Use Permit. The ordinance does not
prescribe to that level of detail.
Chair/Torng opened the public hearing.
With no one present who wished to speak on this item, Chair/Torng closed
the public hearing.
Commissioners reiterated their concerns and recommendations.
C/Shah moved, C/Nelson seconded, to continue Development Code
Amendment No. PL2010-78 to April 13, 2010, and direct staff to take the
Commissioners comments and recommendations under advisement and re-
examine the distances, and come back to the Commission with a more
restrictive but not illegal ordinance.
VC/Nolan asked if the Commission was under a time restriction to act on this
matter and CDD/Gubman responded that the moratorium would expire on
July 9, 2010, so the City Council would have to adopt a new ordinance by
June 9 or sooner. ACA/Feldman said the City Council would need to adopt
the ordinance at their last meeting in May due to the meeting schedule.
MARCH 23, 2010 PAGE 8 PLANNING COMMISSIOt',%
CDD/Gubman explained that the second reading by the City Council would
have to take place no later than June 1 with the first reading no later than
May 18. City Council notice would have to be submitted by May 3.
Motion carried by the following Roll Call vote:
AYES- COMMISSIONERS: Lee, Shah, Nelson, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
10. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Shah said he appreciated staff's diligence. He said he looked forward to the
Planner's Institute in Monterey this week.
C/Nelson said he has and always has had a lot of respect for staff as he has
expressed in the past.
Chair/Torng said he toured the building under consideration for purchase and felt it
was a very good facility that could become a true City Center.
11. STAFF COMMENTS/INFORMATIONAL ITEMS:
11.1 Public Hearing dates for future projects.
CDD/Gubman said he looked forward to spending a few days with VC/Nolan
and C/Shah and Council Member Everett at the Planners Institute. He and
SP/Lee will accompany the Commissioners and Council Member and
hopefully provide debriefing assistance throughout the sessions. On
Thursday, April 15 at 6:00 p.m. at the Diamond Bar Center AB1234 training
will take place. City Attorney Mike Jenkins will conduct the mandatory ethics
training session for all Council Members and Commissioners. If
Commissioners are unable to attend the April 15 session, the Planners
Institute will also conduct the training session.
CDD/Gubman reminded the Commissioners that the public hearings for the
Site D Specific Plan will be held on April 13. The Site D Final Environmental
Impact Report has been posted on the City's website and will also be
available at the Public Library and City Hall. Commissioners were provided
this evening with a volume entitled Response to Comments to the Draft
Environmental Impact Report. If Commissioners have questions pleasefeel
free to contact him or SP/Lee.
MARCH 23, 2010 PAGE 9 PLANNING COMMISSION
12. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 8:22 p.m.
The foregoing minutes are hereby approved this 13th day of April, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Tony Torng, Chairman
111 1111 q ii;�
114 11jIT4016 •
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
ITEM NO. 7.1
DATE: April 13, 2010
CASEXILE NUMBER: "Site D" Specific Plan -
General Plan Amendment No. 2007-03, Zone Change No.
2007-04, Specific Plan No. 2007-01, Tentative Tract Map
No. 70687, and Environmental Impact Report 2007-02 (SCH
No. 2008021014).
PROJECT APPLICANT: Walnut Valley Unified School District and City of
Diamond Bar
LEAD AGENCY: City of Diamond Bar, Community Development
Department
PROJECT LOCATION: Site D is comprised of approximately 30.36 acres located at
the southeast corner of Brea Canyon Road and Diamond
Bar Boulevard (Los Angeles County Assessor's Parcel
Numbers 8714-002-900, 8714-002-901, 8714-002-902,
8714-002-903 and 8714-015-001).
APPLICATION
REQUEST: To recommend that the City Council take the following
actions:
1. Certify Environmental Impact Report 2007-02 which provides a detailed analysis
of potential environmental impacts associated with the development of the Specific
Plan area. The EIR includes mitigation measures for the project, addresses project
alternatives, and identifies the environmentally superior project alternative. Because
the project will result in environmental impacts that cannot be mitigated to less than
significant levels, adoption of a Statement of Overriding Considerations would be
required before the City Council can approve the Specific Plan.
2. Adopt Facts and Findings and Statement of Overriding Considerations for the
Site D Specific Plan based on findings that the Specific Plan would result in
identified economic and social benefits that will accrue to the City, to the School
District, and to the region, and important public policy objectives will result from the
implementation of the proposed Specific Plan. Therefore the proposed Specific
Plan's identified benefits override a number of significant environmental impacts that
cannot be mitigated.
3. Adopt General Plan Amendment No. 2007-03 to change the land use designations
from Public Facility (PF) and General Commercial (C) to Specific Plan (SP).
4. Adopt Zone Change No. 2007-04 to change the zoning districts from Low Density
Residential (RL) and Neighborhood Commercial (C-1) to Specific Plan.
5. Adopt Specific Plan No. 2007-01 to adopt the Site D Specific Plan for the
approximately 30.36 -acre site for the construction of up to 202 residential dwelling
units; up to 153,985 gross sq. ft. of commercial; and approximately 8 acres of open
space areas, easements and rights-of-way. The Specific Plan contains development
standards and guidelines tailored to take into account the physical characteristics of
the property and its context, and to prescribe design .criteria that will govern the
future build -out of the site.
6. Approve Tentative Tract Map No. 70687 to establish separate residential,
commercial, and open space parcels; create an internal circulation system and
common open space areas; and establish easements and other rights -6f -way for
utility and other purposes.
Open the public hearing to take public testimony from the public regarding the Draft
Environmental Impact Report and all land use entitlements, and continue the matter to
the April 27, 2010 meeting.
The Site D Specific Plan (SDSP) was prepared to facilitate processing and approval of
an approximately 30.36 -acre property referred to as Site D, and its associated
discretionary and administrative approvals. The Specific Plan will guide the build -out of
the property in a manner which is consistent with City and State policies and standards,
and assures that the project is properly developed in a coordinated manner. The
proposed Specific Plan would allow the construction of 202 residential dwelling units;
153,985 gross square feet of commercial use; and approximately 8 acres of open space
areas, easements and rights-of-way.
The Specific Plan is a detailed policy document, which replaces the land use
designation and zoning of the underlying properties with more detailed criteria and
performance standards. It is not a development plan to construct the residential and
commercial buildings. Future developers will be required to submit project -specific
development plans in accordance with the criteria set forth in the Specific Plan, which
will be subject to review and approval by the City.
Page 2 of 22
CID: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-201 O.docx
The SDSP project area consists of 30.36 acres and comprise of the following
properties:
o The Walnut Valley Unified School District owns 28.71 acres. As early as the 1970s,
the District has found the property unnecessary for future school use and declared it
surplus property.
a A 0.98 -acre strip of land along Brea Canyon Road is owned by the City.
A 0.67 -acre segment of a flood control channel, owned and maintained by the Los
Angeles, County Flood Control District, separates the City and School District
properties. Under the proposed Specific Plan, the channel will be covered and used
for parking, non -habitable structures, and landscape and circulation elements, which
are allowed under a lease agreement with the Flood Control District.
Prior Development Proposals
In 1990, the School District prepared a tentative tract map to subdivide Site D into 87
lots for the purpose of developing single-family detached residences. This effort
prompted the City to study the feasibility of purchasing the land from the District for the
purpose of developing a community park, which was supported by a School Board
appointed advisory committee (the 7-11 Committee"). In 1991, the City pursued park
development grants for Site D and the Pantera Park site, but received grant monies for
Pantera Park only. In the years following this endeavor, the City completed upgrades to
nearby Heritage Park, and the School District upgraded the recreational facilities at
Castlerock Elementary School (the City and School District have joint -use agreements
for the recreational facilities at all of the schools located in Diamond Bar).
The City and School have since agreed to cooperate and collaborate in the planning
efforts for Site D so that each may advance its respective objectives for the disposition
of the property.
The Walnut Valley Unified School District desires the disposition of the property to yield
the maximum return to the District for the benefit of its constituents and its educational
mission.
The City of Diamond Bar desires that the project site be ' developed in a manner as to
assure compatibility with and to meet the needs of the surrounding area; to implement
Senate Bill 375 through the creation of a mixed-use development that promotes
reductions in greenhouse gas emissions through reductions in vehicle miles traveled; to
help respond to the identified housing demand outlined in the current Regional Housing
Needs Assessment (RHNA); and to provide a desirable level of sales tax revenues to
the City.
Page 3 of 22
CD: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
On July 1, 2007, the City and the Walnut Valley Unified School District executed a
Memorandum of Understanding (MOU) whereby the parties agreed to collaborate in the
planning of the future land use for the project site—through the creation of a Specific
Plan—so that both parties may each advance their respective objectives for the
disposition of the property. The MOU further stipulates that "(o)f the usable acreage, on
Site D, a minimum of fifty percent (50%) will be designated for residential development,
and fifty percent (50%) will be designated for commercial use, exclusive of necessary
infrastructure." A copy of the MOU is provided as Attachment #4.
The land use parameters set forth in the MOU establish the following additional project
objectives:
Pursue the establishment of site-specific land use policies that allow, in reasonable
comparable acreage, the development of both commercial and residential uses of
the property, accommodating the provision, of additional housing opportunities and
the introduction of revenue -generating uses; and
Establish a specific plan as the guiding land -use policy mechanism to define the
nature and intensity of future development, and to establish design and development
parameters for the project site, so as to allow conveyance of the subject property to
one or more developers and/or master builders, and provide to the purchasers
reasonable assurance as to the uses that would be authorized on the project site
and the nature of those exactions required for those uses.
The District and the City are currently not partnered with or in discussions with' any
developers. The focus at this time is solely to adopt a prescriptive land use plan while
the public entities, as the property owners, are in a position to exert maximum
control/influence over the outcome of subsequent development.
The vacant 30.36 -acre site is located in the southwestern portion of the City of Diamond
Bar, on the southeast corner of Brea Canyon Road and Diamond Bar Boulevard. The
site is bordered on the north by Diamond Bar Boulevard, single-family neighborhoods to
the southeast and southwest, and Brea Canyon Road to the west. The Brea Canyon ,
Flood Control Channel runs roughly parallel to Brea Canyon Road and cuts through the
western portion of the property. The area north of Diamond Bar Boulevard is developed
with a church, and single-family residential homes, and the area across Brea Canyon
Road is developed with a gas station and professional office buildings.
F*711&449����MI,80,
The site is a relatively flat plateau with steep slopes facing north and west. The
elevation differential falls approximately 100 feet from a high point in the northeast to
the low point in the southwest portion of the property. The site is currently characterized
by the following features:
Page 4 of 22
CID: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
Much of the site is covered with annual grasses, brush and .small trees. However
there are areas of dense brush and trees located in the central and northern portions
of the site. A stand of mature eucalyptus trees is located on the slope adjacent to
Diamond Bar Boulevard.
Three specie's of protected trees, as listed on the City's tree preservation and
protection ordinance exist, including 75 Southern California Black Walnuts, two
Coast Live Oaks and five Willows. The Oaks and Willows, however, do not meet the
size criteria in the tree ordinance to be classified as protected trees.
® Foot trails and access roads traverse the site.
A Restricted Use Area (RUA) exists along the rear slope areas coterminous with the
property. The RUA is comprised of engineered slopes and designed to transmit
surface waters away from the slopes.
A small area at the eastern portion of the property drains northerly to Diamond Bar
Boulevard. The balance of runoff flows westerly to the Brea Canyon Storm Drain
Channel, a concrete -lined flood control channel owned and maintained by the Los
Angeles County Flood Control District.
Three intermittent blue -line streams flow generally from east to west. "Blue -line
streams" are naturally -occurring watercourses that are depicted on the official maps
of the U.S. Geological Survey.
Site D Project
Area boundaries
Page 5 of 22
CID: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-201 O.docx
F RMI"TMI'L rIUMIN"'I"Im
Sete Public Facility and RL, C-1 Vacant.
General Commercial
Low -Medium Diamond Bar Blvd
Residential RLM Church and Single -Family
Residential
.:Jh Low Density Residential RL, RLM Single -Family Residential
East]East Residential Low Density
RL Single -Family Residential
Brea Canyon Road,
West Professional Office C-1 Gas Station and Professional:
Office Buildings
The proposed Specific Plan seeks to promote the creation of a high-quality, mixed-use
development through the establishment of development standards and design
guidelines. Copies of the draft Specific Plan have been distributed to the Commission
under separate cover. Copies have also been made available at City Hall, County of
Los Angeles Public Library, and on the City's website.
The Site D Specific Plan creates a master planned community, with three building pads.
The Specific Plan incorporates physical design elements that reflect the unique
topographical characteristics of Diamond Bar through the creation of a landform grading
design that emulates natural topographic contours and undulations. One building pad
will be graded to a slightly elevated level above the surrounding streets and designated
for commercial use. The remaining two building pads are elevated as it slopes up along
Diamond Bar Boulevard and designated for residential use.
Without a Specific Plan proposed for this area, the City will have less input or control in
the manner in which the property is developed, the nature of the resulting land uses,
and the design standards established for the new uses. Conditions of project approval
are included into the Specific Plan as performance standards.
Land Use Plan
The illustrative site plan and summary below depict the primary components of the
SDSP:
Page 6 of 22
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Secondary Access
Emergency Vehicle Access
o Three elevated building pads (one commercial and two residential pads);
A maximum of 202 residential dwelling units. The Site D Specific Plan intended
residential uses will be "for sale" products only. It is envisioned that an attached
townhome product would be best suited for the site, but does not preclude the
development of any of a variety of housing product types, such as attached or
detached single-family units, attached multi -family units, condominiums, townhomes,
senior housing, or affordable housing;
Up to maximum of 153,985 sq. ft. of commercial use could be developed on the
project site. The intent is to have a small grocery store as the major anchor with
secondary anchor retail commercial and free-standing restaurants to be located at
the project entry corners in high profile locations. The permitted uses include those
allowed under the Community Commercial (C-2) zone of the City's development
code with certain exclusions such as manufacturing, auto sales/rental, second hand
stores, bed and breakfast inns, car wash, child day care centers, medical services,
vehicle services, etc.; and
L.A. County Flood Control Channel will be covered and used for parking, non -
habitable structures, landscape and circulation.
Page 7 of 22
CID: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
V.,r,tr,t'tIFMI,,
Development Standards
® Green, Sustainable Development: Provides a green and sustainability model
requirement looking at energy efficiency, healthy indoor air quality, waste reduction,
water efficiency, use of renewable and recyclable materials for building construction,
etc. The required energy standards for the project exceed those currently required
by State Title 24;
Building Setbacks: The buildings will have minimum setbacks requiring 15 feet from
Diamond Bar Boulevard and Brea Canyon Road measured from top or toe of pad,
85 feet from the southerly property line (which abut residential), and 30 feet from the
easterly edge. Visual analysis was performed to understand how the building
massing of both commercial and residential would look from the street and
neighboring, properties. This analysis led the City to expand some of the building
setbacks;
Landscaped Setbacks: There are minimum parking lot setbacks that will have
landscaped screenings and buffer, providing 35 feet setback from Diamond Bar
Boulevard and Brea Canyon Road and 30 feet from the southerly property line and
easterly edge;
Residential Pad
Commercial Pad
Commercial &Residential
Building Setback
35'Landscape Zone Setback
Residential to Commercial Trail
Landscape/ Building Setback
Overlay
Page 8 of 22
CD: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
Commercial
10. 1 acres
- -
(1153,985 Sq.. Ft.)
ISMY
Residential
I 0A acres
(202 dwelling units)
Open Space Easements,
Rights -of -Way
�-N
Development Standards
® Green, Sustainable Development: Provides a green and sustainability model
requirement looking at energy efficiency, healthy indoor air quality, waste reduction,
water efficiency, use of renewable and recyclable materials for building construction,
etc. The required energy standards for the project exceed those currently required
by State Title 24;
Building Setbacks: The buildings will have minimum setbacks requiring 15 feet from
Diamond Bar Boulevard and Brea Canyon Road measured from top or toe of pad,
85 feet from the southerly property line (which abut residential), and 30 feet from the
easterly edge. Visual analysis was performed to understand how the building
massing of both commercial and residential would look from the street and
neighboring, properties. This analysis led the City to expand some of the building
setbacks;
Landscaped Setbacks: There are minimum parking lot setbacks that will have
landscaped screenings and buffer, providing 35 feet setback from Diamond Bar
Boulevard and Brea Canyon Road and 30 feet from the southerly property line and
easterly edge;
Residential Pad
Commercial Pad
Commercial &Residential
Building Setback
35'Landscape Zone Setback
Residential to Commercial Trail
Landscape/ Building Setback
Overlay
Page 8 of 22
CD: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
Retaining Walls: Plantable crib walls will be used as retaining walls, which are filled
with suitable backfill and live vegetation planted in the individual cells;
Protected Species: Replant Southern California Walnut Woodland within the
development;
Landscape and Streetscape Requirements: There will be planting of a dense stand
of native California trees such as Sycamores and Willows that are more native to the
environment within the large slopes and predominately around the internal streets
along the perimeter of the residential pads to replace the removal of Eucalyptus
trees;
Streetscape: Parkways, sidewalks, and bike trails link the site to Brea Canyon Road
and Diamond Bar Boulevard; and
® Recreational Facilities: Incorporate private, passive and active recreational facilities.
Circulation Plan
® Primary entryway/access will be via a new signalized intersection located at
Cherrydale Drive.. The primary access will consist of a 60 -foot wide right-of-way,
consisting of two 18 -foot wide travel lanes. A7 -foot wide curb -adjacent parkway and
a 5 -foot wide sidewalk will align both sides of the street; and
® Secondary entryway/access to the commercial site will be provided along Brea
Canyon Road, via a right -in and right -out only point of ingress and egress.
Additional emergency -only access to the project site will be provided from Posado
Drive.
Traffic Improvements
The existing roadways will be improved as part of implementing the Specific Plan.
The development's obligations toward the existing, and plus project traffic conditions
will be improved through the following traffic improvements:
> Pathfinder Road at Brea Canyon Cutoff Road: Widen and/or restripe eastbound
Brea Canyon Cutoff Road to provide one left -turn lane, two through lanes and a
separate right -turn lane. The implementation of this improvement may require
some modification to existing traffic signal equipment (i.e. re-cut/install new
vehicle loop detectors, modification to traffic signal controller);
> SR -57 Southbound Ramps at Brea Canyon Cutoff Road/Diamond Bar Boulevard:
Install a traffic signal. The implementation of this improvement may require some
mo ' dification to existing signing and striping on Brea Canyon Cutoff or SR -57
southbound ramps; and
Page 9 of 22
CD: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-201 O.docx
> Cherrydale Drive at Diamond Bar Boulevard: Provide an option left/through lane
and a separate right -turn lane on the northbound approach; restripe southbound
approach to provide an option left/through/right-turn -lane on Cherrydale. Widen
eastbound approach to providea separate right -turn lane. Modify median and
restripe Diamond Bar Boulevard to provide dual westbound left -turn lanes. Install
traffic signal. The implementation of this improvement may require some
modification to existing signin.9 and striping on Cherrydale Drive or Diamond Bar
Boulevard.
Intersection 16 - Brea Canyon Road and Diamond Bar Boulevard
Site Location Map
Intersection 17 - Cherrydale Drive and Diamond Bar Boulevard
Can=Road etj=�rBouleya
%lden a trips d
approach on
Brea Canyon Road to provide a second right -tum lane.
Widen and/or to -stripe eastbound approach and
departure on Diamond Bar Boulevard to a third
through lane. Re-suipe westbound approach on
Diamond Bar Boulevard to provide 3 second left -tum lane.
Chemdale Drive t Diamond Bar Boulavo
Provids an option la`Uthrough lane and a separate
right -turn lane on the northbound approach: re -stripe
southbound approach to provide an option lefV(hrough/
right -tum lane on Cherrydale. Widen and or re --stripe
eastbound approach and departure on Diamond Bar
Boulevard to a third through lane and provide a separate
right -tum lane. Modify median and re -stripe Diamond Bar
Boulevard ID provide dual westbound left -turn tangs.
Install traffic signal
The developers of the site will also be required to pay fair -share fees of the
construction costs to implement additional improvements to mitigate the cumulative
traffic impacts of existing traffic, future non -project traffic, and project traffic. See the
Traffic and Circulation Improvements and Cost Estimates, and Traffic Improvement
Study Maps attached to this report (Attachments #5 & 6).
Review Authority (Diamond Bar Municipal Code Sections 22.70 and 22.60.010)
A General Plan Amendment, Zone Change, Specific Plan, Tentative Tract Map, and an
Environmental Impact Report are required for the proposed Specific Plan. Each
approval is described below:
Page 10 of 22
CD: StaffReports - PC/Site D Specific Plan PC Staff Report 0413-201 O.docx
General Plan Amendment No. 200703 is a request to change the land use
designations from Public Facility (PF) and General Commercial (C) to Specific Plan
(SP). The City's General Plan, adopted on July 25, 1995, is a long-range planning
document developed as a comprehensive growth -management and community
development strategy. It defines citywide policies that are achieved through subsequent
community plans, ordinances, standards and guidelines, studies, capital improvements,
economic development and other pertinent programs. The adopted policies of the
General Plan guide the physical development pattern and promote the necessity of
adequate public services and facilities.
The General Plan is the controlling document. The preparation, adoption,
implementation and maintenance of the General Plan aids in informing developers,
citizens, decision -makers, and others of the rules that will guide development, and
provide a basis for local government judgments. All land use decisions of the City have
a direct correlation to the established goals and policies of the General Plan.
The existing General Plan land use designation in the area east of the L.A. County
Flood Control Channel is Public Facility (PF), and the area west of the. Channel is
General Commercial (C). It is the objective of the City to promote and facilitate the
attainment of the goals, objectives, plans, and policies contained in the General Plan by
requiring new development to be compatible with surrounding land uses, and balancing
the retention of the natural environment with its conversion to urban form.
The project site is the only area within the City that was designated as Public Facility
(PF). At the time the General Plan was prepared, this property was perceived as a
unique property requiring a site-specific land -use status. The PF designation is
designed to identify existing or potential (future) sites for necessary public facilities or
infrastructure improvements. The primary purpose is to provide areas for the conduct of
public and institutional activities, such as public schools, parks and water facilities, etc.
With regards to the General Commercial (C) designation, the intent is to provide for
regional, freeway -oriented, and/or community retail and service commercial uses at a
floor area ratio between 0.25 and 1.0.
The land use designation is being changed to allow for more suitable uses. The PF
designation no longer serves the long-term goals. and objectives for the City or the
School District.
Zone Change No. 2007-04 is a request to change the zoning districts from Low Density
Residential (RL) and Neighborhood Commercial (C-1) to Specific Plan. The City has
elected to prepare and process a Specific Plan for this property for the purposes of:
Defining the types of permitted and conditionally permitted land uses that the City
believes to be appropriate for the project site and the project setting;
a Defining the reasonable limits to the intensity and density of those uses; and
0 Establishing the design and development standards for those uses.
Page 11 of 22
CD: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
Specific Plan No. 2007-01 is a request to adopt the Site D Specific Plan for the
approximately 30.36 -acre site for the construction of 202 residential dwelling units at a
density of 20 units per acre; 153,985 gross sq. ft. of commercial use at a 0.35 floor area
ratio; and approximately 8 -acres of open space areas, easements and rights-of-way.
The Specific Plan contains development standards and guidelines tailored to take into
account the natural resources of the property.
A Specific Plan is a regulatory tool that local governments can use to implement the
General Plan and guide development in a localized area. California Government Code
Sections 65450 through 65454 establishes the authority to adopt a Specific Plan,
identify the required contents of a Specific Plan, and mandate consistency with the
General Plan. A Specific Plan is able to focus on the unique characteristics of a
specific area by customizing the planning process and land use regulations for that
area. It also provides for flexibility and encourages innovative use of land resources
and development of a variety of land use types.
The use of a Specific Plan was chosen to guide the development on this site to
establish development standards (e.g., permitted uses, setbacks, landscaping, sign
criteria, subdivision, etc.), design guidelines, and public improvement requirements
unique to this property that would facilitate the goals of the General Plan and augment
the City's revenue base to better support public services and facilities.
Through the adoption of a site-specific planning document, the Site D Specific Plan
seeks to promote the creation of a high-quality, mixed-use development through
establishment of development standards and design guidelines. A maximum of 202
residential dwelling units and 153,985 sq. ft. of commercial use could be developed on
the project site.
Tentative Tract Map No. 70687 is a request to establish separate residential,
commercial, and open space parcels, create an internal circulation system and common
open space areas, and establish easements and other rights-of-way for utility and other
purposes. The subdivision of the project site creates separate development areas
within the subject property that can be conveyed to subsequent holders of real property
interests, as well as establish an internal circulation system and common open space
areas.
The development of the project site will be designed with a common landscape and
architectural theme. Trails and sidewalks will be provided to allow easy access to each
use from within the project and from the surrounding community.
The Site D Specific Plan is a set of guiding criteria. A developer will have to go through
another approval process for a development plan to construct the residential and
commercial buildings.
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General Plan Consisteric
California Government Code states that a Specific Plan shall include a statement of the
relationship of the Specific Plan to the General Plan, and. further, that it may not be
adopted or amended unless found to be consistent with the General Plan.
Consistency with the General Plan is achieved when the various land uses within the
Specific Plan are compatible with the objectives, policies, general pattern of land uses
and programs contained in the General Plan. The Site D Specific Plan implements the
goals and policies of the City's General Plan, listed in the Draft Specific Plan and
Findings of Fact.
Project Benefits
The proposed Specific Plan would result in a number of identifiable community benefits,
some of which include:
Defines the types of permitted and conditionally permitted land uses that will be
appropriate for the project site and for the project setting, defines reasonable
limits to the type, intensity, and density of those uses, and establishes the design
and development standards for those uses;
® Serves as a valuable regulatory tool for the systematic implementation of the
City's General Plan;
® Imposes reasonable development controls and standards designed to ensure the
integrated development of the project site; -
® Facilitates the School District's efforts to sell the surplus property by providing a
subsequent purchaser reasonable certainty as to the type,, intensity, and general
configuration of allowable on-site land uses;
Optimizes the benefits of the School District sale of surplus property of the
benefit of its constituents and its educational mission;
Results in the production of 202 new housing units within the City, thus helping
the City to respond to the identified housing demand outlined in the current
Regional Housing Needs Assessment (RHNA). This project would represent
about 18.5 percent. of the projected housing needs for the period between 2005-
2014; 1
® Increases the diversity of housing types in the City;
Presents homebuyers, with additional purchase options and price variations
allowing homebuyers to better match housing choices with household needs and
demands through construction and sale of attached residential condominium
units;
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Creates a mixed-use development that will promote the attainment or regional
jobs -to -housing ratio objectives established by regional governmental entities
and produce corresponding environmental benefits, consistent with Southern
California Association of Governments Policies;
Implements Senate Bill 375 which drives land use development to reduce
greenhouse gas emissions by:
> Promoting a mixed-use development by providing both residential and
commercial uses on the same site which serve to reduce vehicle miles
traveled (VMT) and corresponding air quality benefits;
> Promote alternative modes of transportation by providing bike and pedestrian
trails and bus stops located adjacent to Site D and facilitate alternative modes
of transportation. Transit is expected to be provided by the Metropolitan
Transit Authority (MTA), Foothill Transit, and the City's fixed -route
transportation system; and
> Integrate green building strategies into its design through energy efficiency;
water -efficient land use and development using drought -tolerant landscaping
and use of low -flow toilets, showerheads, and other fixtures; and use of
renewable and recyclable materials for building construction, etc.
Allows for the productive use of an underutilized property in the City's General
Plan, converting a tax-exempt property to a private use, and introduces a land
use that will generate sales and other taxes for the benefit of the City and its
constituents;
Traffic improvements to the Diamond Bar Boulevard/Brea Canyon Road
intersection will improve traffic flow in and through that intersection; and
Facilitates the ability of the City and other agencies to undertake improvements
to specific public facilities through payment of school impact, park, and traffic
impact fees and other exactions.
- M- 11,44211111;
The California Environmental Quality Act (CEQA) requires an environmental review of
projects, and the Site D Specific Plan is a project that is subject to the provisions of
CEQA. The Draft Environmental Impact Report (EIR) provides a detailed analysis of
potential environmental impacts associated with the development of the Specific Plan
area. The Draft EIR includes mitigation measures for the project, addresses project
alternatives, identifies the environmentally superior project alternative, and adopts a
statement of overriding considerations.
Page 14 of 22
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Public Notices and Meeting Dates
Notice of Preparation (NOP) February 1 — March 5, 2008
Scoping Meeting_ February 21, 2008
Notice of Completion (NOC) June 25 — August 10, 2009
Neighborhood Meeting _ August 3, 2009
Notice of Preparation: The City circulated a Notice of Preparation (NOP) to public
agencies, special districts, and members of the public requesting such notice for a 30 -
day period commencing February 1, 2008 and ending March 5, 2008.
Scoping Meeting- During the NOP period, the City advertised a public scoping meeting
on February 21, 2008 held at the South Coast Air Quality Management
District/Government Center, Room CC -6. The meeting was intended to facilitate public
input. Approximately 20 residents attended the meeting with the majority from the
Ambushers Street neighborhood. Several issues raised at this meeting include impacts
of view from Cherrydale, noise, traffic, buffer from commercial development, need for
green space at entryway, preference to see residential development, with less
commercial, and to consider senior housing development.
Notice of Completion/Availability: The Draft EIR was prepared by the City's
environmental consultant, Environmental Impact Sciences on June 2009. A Notice of
Completion and Availability was filed with the Office of Planning and Research on June
22, 2009. The 45 -day, public review period was from June 25, 2009 through August 10,
2009.
Neighborhood Meeting: On August 3, 2009, a neighborhood forum was held at the
Heritage Park Community Center to provide the public with an additional opportunity to
ask questions and comment on the Draft Environmental Impact Report, prior to the
close of the 45 -day public review period. All written and verbal public ,testimony was
taken, and written responses to the comments and issues raised are provided in the
Response to Comments on the Draft EIR (Attachment #9). The Response to
Comments includes all comments received during the 45 -day public review period.
CEQA requires that the City evaluate comments on environmental issues received from
persons or agencies who prepared a written response.
Key Areas of Impacts Analyzed
The Draft EIR addresses significant and potentially significant environmental effects,
including land use, population and housing, geotechnical hazards, hydrology and water
quality, biological resources, traffic and circulation, air quality, noise, public services and
facilities, utilities and service systems, cultural resources, aesthetics, and growth
inducement. Where significant and potentially significant adverse impacts were
identified, the Draft EIR proposes measures to mitigate them. The mitigation measures
are set forth in the Mitigation Reporting and Monitoring Program listed in Table ES -2 in
the Draft EIR.
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Alternatives Explored
In addition to the analysis of the proposed project, one of the primary purposes of the
EIR is to provide public agencies and -other parties with an analysis of a reasonable
range of alternatives to the proposed project that, if implemented, could reduce or avoid
one or more of the project's significant environmental effects. Four development
alternatives and one no -development alternative, representing a range of reasonable
alternatives to the proposed project, are listed below:
Alternative 1 ("No Project"): No physical changes to the project site would occur, the
property would remain in its present condition, and no new development activities or
other public improvements would occur.
Alternative 2 ("Public Facilities"): Under this alternative, it is assumed that the estimated
developable area of the project site (20.2 acres) is developed at a floor area ratio of
0.25. A total of 220,000 sq. ft. of public facilities use would be developed on the site.
The Draft EIR assumes the sale of the property to a private entity and thus, assumes
that the project would be developed to include a 73,000 sq. ft. (500 -student) private
school, and a 147,000 sq. ft. church. -
Alternative 3 ("Community Commercial"): Based on the estimated net acreage of 20.2
acres at a floor area ratio of 0.36, a total of 307,969 sq. ft. of commercial use would be
developed.
Alternative 4 ("Low -Density Residential"): Based on the estimated net acreage of 20.2
acres at a density of 3 dwelling units, a total of approximately 60 single-family detached
and/or single-family attached units would be developed on the project site.
Alternative 5 ("High -Density Residential"): Based on the estimated net acreage of 20.2
acres, a total of approximately 404 dwelling units could be constructed on the site.
Continued on Next Page
Page 16 of 22
CID: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
LAND -USE ASSUMPTIONS FOR PROJECT ALTERNATIVES
Project Acreage
29.7
29.7
29.7
29.7
29.7
29.7
Total Developed
Acres (gross
29.7
29.7
29.7
29.7
29.7
acres)
Retained
Open Space
29.7
-
-
-
-
gross acres)
Developable Area
20.2
-
20.2
20.2
20.2
20.2
(net acres)
Residential
Acreage
10.1
-
-
20..2
20.2
net acres)
Number of
202 DU
0
60 DU
404
Dwelling Units
Residential
20 DU/A
-
3 DU/A
20 DU
Density
Commercial
Acreage
10.1
20.2
(net acres)
Commercial
153,985
307,969
Square Footage
Sq. Ft.
73,000 S.F.
Other Square
School
Footage (square
147,000
footage)
S.F.
Floor Area Ratio
---Church
0.35'
0.253
0.354
General PlanCity
District
City
City and
Amendment
Yes
No
Property
Property
Property
District
Properties
Required
Zone Change
Yes
No
City
District
City
City and
Required
Property
Property
Property
District
Specific Plan
Approval
Yes
No
Nos
Nos
No'
N 05
Required
Notes:
1. A "no project' alternative is specifically required under CEQA.
2. Calculated by dividing the commercial acreage (10.1 acres or 439,956 sq. ft.) by the commercial square footage (153,885).
3. Calculated by dividing the net developable area (20.2 acresor 879,912 sq. ft.) by the total square footage (220,000).
4. Calculated by dividing the total site area (20.2 acres or 879,912 sq. ft.) by the commercial square footage (307,969).
5. None of these alternatives preclude the development of a specific plan; however, because only a single land use if proposed,
development could proceed absent the City's consideration of a specific plan.. Source: TRG Land, Inc.
Alternatives Considered But Eliminated by the UltY (Leaa Agency
Page 17 of 22
CID: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-201 O.docx
The following alternatives were considered but were rejected as infeasible during the
environmental scoping process:
eD Alternative Site: There is no comparable property which could be substituted for
the project site;
Conservation/Retained Open Space:
source which would allow for the public
long-term maintenance. Additionally,
conservation or other open space purp
this property for open space requires
favorable vote of the people;
The City has not identified a funding
acquisition of the property, including its
the property is not designated for
)se in the General Plan. To designate
approval of a bond measure with a
Senior Housing: The inclusion of one or more residential alternatives ensures
the City's consideration of housing options; and
Component Parts: The property could be developed separately under different
ownership. However, it would eliminate or reduce the potential planning benefit
inherent in a more holistic approach.
Selection of Environmentally Superior Alternative
CEQA requires an identification of the environmentally superior alternative. In
circumstances such as this one where Alternative 1: No Project is environmentally
superior (because it is the only one that reduces the unavoidable air impacts), it is
necessary to identify a feasible, the second most environmentally superior alternative.
In this case, Alternative 2: Public Facilities, Alternative 4: Low -Density Residential, and
Alternative 5: High -Density Residential was considered to be environmentally superior
to the proposed project. Since the economic feasibility of Alternative 4: Low -Density
Residential cannot be determined at this time, the environmentally superior alternatives
are the Alternative 2: Public Facilities and Alternative 5: High -Density Residential.
Page 18 of 22
CID: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
COMPARATIVE EVALUATION OF PROJECT ALTERNATIVES
Source: Environmental Impact Sciences
The project site is currently zoned Low -Density Residential (RL) and Neighborhood
Commercial (C-11). It should be assumed that the property can be developed for
residential and commercial uses in accordance with existing land use policies. Without
a Specific Plan, the City will have less input with regards to the manner in which the
property is developed, the nature of the resulting land uses, and the design standards
established for those uses.
Mitigation Reporting and Monitoring Program (MRMP)
A mitigation reporting and monitoring program has been prepared, which address site-
specific conditions for the project. The purpose of the MRIVIP is to ensure compliance
with the mitigation measures. The program also identifies the timing and responsibility
for monitoring each measure and is attached as an exhibit to the draft resolution
recommending certification of the DEIR and, adoption of the mitigation reporting and
Page 19 of 22
CID: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-201 O.docx
ProJect All tdmativd
ny1.rq,nM,qn.,aPrqpose
d
Projec
Public
U n- it
Community
Low Density
i,g
Den'.'s'
Effect
ProJect'Facilities
J
Commercial
ial"
,irt
'd
Re's'i diffiaI
nVironmAntall C66sideta i on s
Air Quality
Significant
Not
Significant
Significant
Significant
Significant
Construction)
Significant
Air Quality
Significant
Not
Not
Significant
Not
Not
(Operational
Significant
Significant
Significant
Significant
Air Quality
(Cumulative)
Significant
Not
Significant
Significant
Significant
Significant
Significant
Number of
Unmitigated
3
0
2
3
2
2
Significant
Impacts
Attainment ippiliv s:.
df'Staie
Lead Agency
Yes
No
Yes
Yes
Yes
Yes
Applicant
Yes
No
Yes
Yes
Yes
Yes
'r'- Pas, Y
Economici
Unknown 2
No
Unknown 2
Unknown 2
Unknown 2
Unknown 2
Legal
Yes
No
Yes
Yes
Yes
Yes
Socially
Yes
No
Yes
Yes
Yes
Yes
Technologically
Yes
Yes
Yes
Yes
Yes
Yes
q men a priot,
nVir n V II P
Itorna ive.:
Superior superior
Superior Superior
Notes:
1. No detailed economic analysis, marketing study, or real property appraisal of the proposed project or
the examined alternatives were developed by the Lead Agency or provided to the Lead Agency by
the Applicant.
2. Subject to an economic feasibility analysis.
Source: Environmental Impact Sciences
The project site is currently zoned Low -Density Residential (RL) and Neighborhood
Commercial (C-11). It should be assumed that the property can be developed for
residential and commercial uses in accordance with existing land use policies. Without
a Specific Plan, the City will have less input with regards to the manner in which the
property is developed, the nature of the resulting land uses, and the design standards
established for those uses.
Mitigation Reporting and Monitoring Program (MRMP)
A mitigation reporting and monitoring program has been prepared, which address site-
specific conditions for the project. The purpose of the MRIVIP is to ensure compliance
with the mitigation measures. The program also identifies the timing and responsibility
for monitoring each measure and is attached as an exhibit to the draft resolution
recommending certification of the DEIR and, adoption of the mitigation reporting and
Page 19 of 22
CID: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-201 O.docx
monitoring program (Attachment #1). At the time of the certification of the EIR, the
MRMP is adopted as part of project approval.
Environmental -Impacts -That Cannot Be Mitigated
The construction of the site leads to temporary air quality impacts resulting from
construction emissions and. stationary source emissions. This _project site lies in the
South Coast Air Basin, an area that is already located in a non -attainment area. Based
on South Coast Air Quality Management District's (SCAQMD) guidelines, any
construction cannot be mitigated, but are subject to standard conditions and uniform
codes.
The air quality impact could not be feasibly mitigated and would result in a significant
and unavoidable impact with implementation of the proposed Specific Plan. The City is
required to adopt findings in accordance with Section 15091 of the CEQA Guidelines
and adopt a Statement of Overriding Considerations in accordance with Section 15093
of the CEQA Guidelines.
The proposed Specific Plan would produce significant unavoidable adverse impact in
the following three areas:
Air Quality (Construction Impact): Combined emissions or reactive organic
gases (ROG) are estimated at 136.02 pounds/day. This value would exceed the
75-pound/day threshold recommended by the South Coast Air Quality
Management District and the impact would be deemed to be significant;
2. Air Quality (Operational Impact): Operationally, the proposed project is projected
to create ROG, oxides of nitrogen (NOx), and carbon dioxide (CO) emissions in
excess of the SCAQMD suggested daily threshold criteria; and
3. Air Quality (Cumulative Impact): Related project activities, in combination with
the construction and operation of the proposed project, will incrementally
contribute to regional air emissions within the South Coast Air Basin.
Facts of Findings and Statement of Overriding Considerations
Prior to approving the proposed Specific Plan, the City shall certify that the FEIR has
been completed in accordance with CEQA; that the FEIR was presented, reviewed and
considered by the decision making body; and that the FEIR reflects the decision making
body's independent judgment and analysis. The City is required to adopt findings in
accordance with CEQA Guidelines Section 15091 when significant effects have been
identified in the Draft EIR relating to changes or alterations in the project, mitigation
measures, and alternatives. The Findings of Fact and Statement of Overriding
Considerations is attached as an exhibit to the draft resolution recommending
certification of the DEIR and adoption of the mitigation reporting and monitoring
program (Attachment #1). Details of these impacts are discussed in the Draft EIR. All
impacts have been mitigated below a level of significance, except air quality impacts.
Page 20 of 22
CD: StaffReports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
No alternatives or mitigation measures were identified which could reduce the air quality
impacts below a level of significance.
Even though a review of environmental impacts shows that an environmentally superior
alternative exists, the City can still approve the proposed project. According to Section
15093 of the CEQA Guidelines, CEQA requires that the City balance the benefits of a
proposed project against its unavoidable environmental risks in determining whether to
approve the project. If the benefits of the proposed project outweigh the unavoidable
adverse environmental effects, the adverse environmental effects may be considered
"acceptable." In order to do this, the public agency must adopt a "Statement of
Overriding Considerations" - a document that states the reasons for why the project
should be approved even though there are environmental impacts that cannot be
mitigated.
The City has identified economic and social benefits that will accrue to the City, to the
School District, and to the region, and important public policy objectives that will result
from the implementation of the proposed project. Therefore, the Planning Commission
may find that the proposed project's identified benefits override the project's air quality
impacts.
Public hearing notices were mailed to property owners within a 1,000-fbot radius of the
project site on March 22, 2010, and the notice was published in the Inland Valley Daily
Tribune and San Gabriel Valley Tribune newspapers on April 2, 2010. The project site
was posted with a notice display board, and a copy of the public notice was posted at
the City's three designated community -posting sites. The draft Specific Plan and
Environmental Impact Report were also posted on the City's website.
Open the public hearing to take public testimony from the public regarding the Draft
Environmental Impact Report and all land use entitlements, and continue the project to
the April 27, 2010 meeting.
Prepared by:
Gnic-e's. Lee
Senior Planner
F-TIT'VMTHITMO
Reviewed by:
Greg Gubman, AICP
Community Development Director
1 Draft Resolution No. 2010 -XX (Recommending Certification of the DEIR and
Adoption of the Mitigation Reporting and Monitoring Program)
2. Draft Resolution No. 2010 -XX (Recommending Approval of GPA and ZC)
3. Draft Resolution No. 2010 -XX (Recommending Approval of SP and TTM)
Page 21 of 22
CID: Staff Reports - PC/Site D Specific Plan PC Staff Report 04-13-2010.docx
4. Memorandum of Understanding Between the City of Diamond Bar and the
Walnut Valley Unified School District, executed July 1, 2007
5. Tentative Tract Map No. 70687
Traffic -Improvement -Study Maps
7. Traffic and Circulation Improvements and Cost Estimates
8. E-mail from Judy Leung on April 6, 2010
Page 22 of 22
CID: StafiReports - PC/Site D Specific Plan PC Staff Report 04-13-201 O.docx
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, RECOMMENDING TO CITY COUNCIL
CERTIFICATION OF THE ENVIRONMENTAL IMPACT REPORT (SCH NO.
2008021014) AND RECOMMENDING APPROVAL OF THE MITIGATION
REPORTING AND MONITORING PROGRAM AND ADOPT FINDINGS OF
FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE
SITE D SPECIFIC PLAN AND TENTATIVE TRACT MAP NO. 70687 FOR A
SITE COMPRISED OF APPROXIMATELY 30.36 ACRES LOCATED AT THE
SOUTHEAST CORNER OF BREA CANYON ROAD AND DIAMOND BAR
BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSORS PARCEL
NUMBERS 8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 and
8714-015-001).
A. RECITALS
On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property owner/co-applicant/lead agency, City of Diamond
Bar, executed a Memorandum of Understanding whereby the parties
agreed to collaborate in the planning of the future land use for the
approximately 30.36 -acre parcel property located at the southeast corner
of Brea Canyon Road and Diamond Bar Boulevard, City of Diamond Bar,
County of Los Angeles, California so that both parties may each advance
their respective objectives for the disposition of the property.
2. The following approvals are requested of the City Council [Items (a)
through (d) below are collectively referred to as the "Project"]:
(a) General Plan Amendment No. 2007-03 to change the land use
designations from Public Facility (PF) and General Commercial (C) to
Specific Plan (SP);
(b) Zone Change No. 2007-04 to change the zoning districts from Low
Density Residential (RL) and Neighborhood Commercial (C-1) to
Specific Plan
(c) Specific Plan No. 2007-01 to adopt the Site D Specific Plan for the
approximately 30.36 acre site to facilitate the development of a
maximum of 202 residential dwelling units; a maximum of 153,985
gross sq. ft. of commercial floor area; and approximately 8 acres of
open space areas, easements, and rights-of-way;
(d) Tentative Tract Map No. 70687 to establish separate residential,
commercial, and open space parcels; create an internal circulation
system and common open space - -areas; and establish easements
and other rights-of-way for utility and other purposes; and
(e) Environmental Impact Report 2007..-02 to
certify the Final Environmental Impact Report, which provides a
detailed analysis of potential environmental impacts associated with
the development of the Specific Plan area. The Final EIR includes
mitigation measures for the project, addresses project alternatives,
identifies the environmentally superior project alternative, and adopts
a statement of overriding considerations;
3. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
April 2, 2010. Public hearing notices were mailed to property owners
within a 1,000 -foot radius of the Project site and public notices were
posted at the City's designated community posting sites. In addition to the
published and mailed notices, the project site was posted with a display
board and the notice was posted at three other locations within the project
vicinity; and
4. On April 13 and April 27, 2010, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing, solicited testimony
from all interested individuals, and concluded said hearing on that date.
B. RESOLUTIO.J
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. The Planning Commission hereby finds that the project identified above in
this Resolution required an Environmental Impact Report (EIR). EIR (SCH
No. 2008021014) has been prepared according to the requirements of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. The 45 -day public review period for the EIR began June 25,
2009 and ended August 10, 2009. Furthermore, the Planning
Commission has reviewed the EIR and related documents in reference to
the Project;
3. The Planning Commission based on the findings and conclusions set forth
herein, hereby finds and determines that conditions have been
incorporated porated into the Application, . which mitigate or avoid significant
adverse environmental impacts identified in Environmental Impact Report
2
Planning Commission Resolution No. 2010 -XX (Certification of EIR)
(SCH #2008021014) except as to those effects which are identified and
made the subject of a Statement of Overriding Considerations which this
Planning Commission recommends to City Council and finds are clearly
outweighed by the economic, social, and other benefits of the proposed
project, as more fully set forth in the Statement of Overriding
Considerations; and
4. The Planning Commission hereby recommends that the City Council
certify the to be EIR complete and adequate; and adopt the Findings of
Facts and Statement of Overriding Considerations, and Mitigation Report
and Monitoring Program attached herein as Exhibits "A" and "B" and
hereby incorporated by reference.
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:
Walnut Valley Unified School District, 880 South Lemon Avenue, Walnut,
CA 91789.
APPROVED AND ADOPTED THIS 27 th DAY OF APRIL 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
IN
Tony Torng, Chairman
1, Greg Gubman, Secretary of the Planning Commission 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 Planning Commission held on the 27th day of April, 2010, by
the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
3
Planning Commission Resolution No. 2010 -XX (Certification of EIR)
FINDINGS OF| AND STATEMENT OF OVERRIDING CONSIDERATIONS
FINAL ENVIRONMENTAL -IMPACT REPORT _"SITEKD,SPEC FIC PLAN
STATE CLEARINGHOUSE NO. 2008021014
Section 21081 and 21O81.5'California Public Resources Code
Sections 15091, 15092, and 15083, Title 14, Chapter 3, California Code of Regulations
1.0 PROJECT DESCRIPTION
Project Location
The @p approximately project within the boundaries ofthe C�Y
p"^ --` ' Lead ' '.^ �n iOQ�[p�[atad conlVlUOkv situated along the vvenzenn
Diamond B@[ (City �[ /+Q�/«�y/' o�ekS|^''-'�� themJUthvVe�ta[n»»�(onof
(County). The x��au�uo' ,--
edoof L%�UD�y p`�="`~'~''~ —
--�� +«�p*�� �"~~''^�/' ''—
the C—Kv OO the southeast corner of Brea Canyon Road and Diamond Bar Boulevard. T
he
project ��e is bordered on the north by Diamond Bar Boulevard, on the xeatbv Brea Canyon
Road, and on south'east, and southwest byexisting single-family detached dwelling Un/to.
Existing engineered slope areas, including V -ditch drainage f8atVnes, separate the project site
t Commercial and office professional Ueea are
from existing homes on the south and west.
The project site is generally located east ofState Route 57 (SR -57 Fnaexxuy\ and Brea Canyon
Road / and southeast Dfthe intersection ofthe 8R-57 Freeway, Diamond Bar Boulevard, and
' e [t site � it i located to the north of the terminus of (�Gat|
Brea Canyon Cutoff. The project Rock
Road and P@eadoDrive.
1.2 Project Description
The City of Diamond B8" `City or Lead '`=-:''and theWalnut Valley Unified School District
(WJUGD orDistrict) own separate properties within the corporate boundaries of the City,
.
separated by an open flood control channel (Brea Canyon Storm Drain Channel) operated b«
the Los Angeles County Flood Control District (LADFCD or CVUnzv), ediViei n of the Los
Angeles County Department of Public Works (LACDP8)' The VVVUbU'e governing body has da~[0iO-d that the District's approximately 28`71 -acre property (Site CV^rDistrict Property)
i
a
unnecessary for future school Use and has declared it to "surplus property., The oitv.e O."8_
acre property /City Property) was acquired so that City would have access to property to
address future traffic impacts ~owell es the eXioUngtraffic issues inthis area. The Brea Canyon
Storm Drain Channel (Brea Canyon Channel), which runs generally parallel to Brea Canyon
Road, separates the District Property from the City Property. The. LACFC}'n approximately
0.67 -acre facility /COu"`x Property) is presently an open box culvert. In accordance with the
LACFCD'e "Guidelines for overbuilding and Air Rights," in combination with such other
standards and procedures aemay be established by the County, leasehold interests in the ,ui[
rights" above the channel could be conveyed tomnon-County entity, thus allowing the channel
tObecovered and the lands eitUededabove that facility used for other purposes.
]nJuly 1'2O7the City and the
»N^VU8Dexecuted m�"Memorandum 0f Understanding" /'WD
i�Y
whereby the parties agreed to @ collaborative planning process for znaDistrict Property andth
Cit»prOpertwhereby both entities could advance their respective objectives for the disposition
of those \gDd holdings. Under The terms Of the M[ - as authorized under the provisions of
Sections 65450-65457 of the California Government d8 (C)
the City agreed to pn2P@[e
and process o"specific plan" for the combined for the purpose ofestablishing design
and development parameters for the use cfthose properties.
The proposed "'Git^e~D' Specific Plan" XSOGP1� project encompasses 8pproXO
ebs|y3O.3O-aurSs
and contains @ number of related elements, including both specific actions and activities which
are presently before the City of Diamond Bar (City r Lead Agency) and later activities which
CaO be reasonably anticipated as - resultof hose actions presently under review. From a
planning perspective, the Lead Agency is considering the possible adoption of o proposed
specific plan (Specific Plan No. 2- 1\gutho[izingthedeve\opmantof202dve\\inguDitsand
153'885 gross leasable oquGno feat of commercial use within the 30.36-ecra specific plan boundaries. From aproject perspective, itioassumed that the project aitevou|dbadeVeiopeU
toaccommodate those permitted and conditionally permitted land uses authorized under the
specific plan and developed to the maximum intensity allowable thereunder.
Based on the site's existing "City of D\aOnDDd Ba[ General Plan" (General P|aD) and zoning
dgsiQO8tiOOS' the proposed
project includes a General Plan amendment (GPA No. 2007-03) OO7-O3)
from "Public Facility (PF)" and "General Commercial (C)" to "Specific Plan" (8P)."with 8
corresponding zone cUan0e (ZC) from "Low Medium Residential (R-1 7,500)," "Low Density
Residential (R-1 1O`OOO\'^and ^Nei hb rh nd Commercial (C-1)" t "Specific Plan (8p)." A|--
proposed is the approval of o tentative subdivision map (Tentative Tract Map No. 70087)
parcelsestablishing separate residential, commercial, and open space and creating an internal
circulation system and establishing easements and other rights-of7way for utility and other
purposes. Following the adoption of the specific plan, the City and We Walnut Valley Unified
School District (V\1VUSD or District) may enter into a transferable development agreement for
the purpose of facilitating the implementation of the specific plan and the development of the
project site. In addition, the District and the city will cooperate in the sale of the District's
holdings (District Property) and the City's holdings (City Property) to one or more developers,
master builders, end users, or other parties.
1.3 Project Objectives
As more thoroughly described in the FEIR, both the City and the District have established
specific I objectives concerning the proposed project and/or the project site. It is the objective of
the City to promote and facilitate the attainment of those goals, objectives, plans, and policies
as contained in the General Plan. Specifically, those objectives include, but are not limited to,
the following excerpts ' from the General Plan: (1) Require that new development be compatible
with surrounding land uses (Strategy 2.2.1, Land Use Element); and (2) Balance the retention of
the natural environment with its conversion to urban form (Strategy 3.3. 1, Land Use Element).
The City
has elected to prepare and process a oP�u//u ,JaO for the proposed project for the
purpose Ofdefining the types of permitted and conditionally permitted |@OU USeS that the City
believes `0be appropriate for the project site and the, project setting.todef\nereoaonab|o|imite
to the intensity and density Of those UGeG' and to establish the design and development ` st�aOda[dS for those U8Bs^'The following additional broad project objective CaO be
derived from
Section 22.60 .020 `AppU~abi\\tv\ and Section 22.80.000 (Adoption Of Specific P\@D\ in Chapter
22'00 (Specific Pl~'S) ~' the Municipal Code: Preparea specific p|8O which pFOVid8a for
flexibility, encourages the innovative use Of |@Od, provides for the development of a variety of
housing and other development types, assists in the cOOpPBhBDoiVe master planning Of the
project |p� dOth�[adoota�go8|S@Ddpo|icjesofUle
S��.@�diSCOneiSt8[�vV�hUl�G�O�[8 eORO ,
2
GiDoa the K8{JU between the City and the District CO a declaration of the intent of both
parties, that docuOOeOtcontains
-'infoUnaUoOthat can be U�|�8d in the foOnU\G�on(ofproject r�
objectives. The f following additional objectives can bodghved�omthat document ,1) UiatO<
desires ^"�of S-��\ --'�ed� toyield the mOoXinlU[� return tothe District for the
�� u �disposition~'' Property i '' \ mission; and /2\ City d8�in�o that the School
b�p�� 0ƒ �S �nDat�U�Dte �D� �� �UVC�t�D� [O �� ' '�
Property and the City Property bedeveloped iD3manner asto assure compatibility with and t
V
meet the needs Ofthe surrounding area and top[oVide adesirable level ofsales tax revenues to
the City. .
As further indicated in the
' 8]i' of the usable acreage, it is explicitly s
pecif'ied t
had a nini-n.V
m
of5Upercent ofthe p[opehvwill bedesignated t[residential development and 5Opercent viU
bo designated for commercial use, oXc|UaiVe of necessaryinfrastructure.Based on those
actions, the following additional objectives can be established: (1) With regards to the project
sihe' pU[ou8 the establishment of site-specific land -use pO|{c|ee that allow, in reasonably
comparable acreage, the development of both commercial and residential uses ofthe prope�y
.
accommodating the provision Of additional housing opportunities and the introduction of
revenue -generating uses; and /2\ Establish a specific plan as the guiding land -use policy
neu/mn/sto define the nature and intensity Offuture development and to establish design and
development parameters for the project site, somGtVallow conveyance ofthe subject property
toone o[more developers and/or master builders and provide to the pU[cheae.-
reasonable
assurance asbJthe uses that vou|d be authorized on the project site and the nature of those
exactions required for those uses.
1.3.1 Futur � Growth Needs
It is a further objective of the City of Diamond Bar to meet its fair share of the region's housing
needs. The Regional Housing Needs Assessment (RHNA) is a key tool for local governments
to plan for anticipated growth. The RHNA quantifies the anticipated need for housing within
each jurisdiction for the 81/2 -year period from January 2006 to July 2014. Communities then
determine how they will address this need through the process of updating the Housing
Elements of their General Plans.
The current FlHNA was adopted by the Southern California Association of Governments
(SCA[) in Ju|y200'The'~^~'~ need for housing is determined primarily bvthe forecasted
@�h n�vv household created b a child moving out of u
g[ox�hiDh�Ue�h�|dain a��0«plUn|ty� � "/
parent's home or byo family moving to a m]nnVDity for anP|oVOeOt creates the need for
Jr a
housing unit. The kVUsi gneed for new households is then adjusted to maintain a desirable
level of vacancy to promote housing choice and mobility. An adjustment is also made to account for units e�pexpected t� b� |o�� due to d�0o|itioD. natural disaster, or conversion to non -housing
uses.The sum of factors — household QnDmth. vacancy need. and replacement Deed —
determines the c`onetruction need for a cODnuOitv' Total housing need �i
e
then ddistributedGmoDgr�ou[iD��ne��dogOriesVOthebaeiaof the county's income distribution, vith adjustments
to avoid aOover-concentration of|oxeFiOooDahoUseho|dsiOmnycoOOuOitv.
In July 2007 SCAG, adopted the final RHNA growth needs for each of the county's cities plus
the unincorporated area. The total housing growth need for the City I of Diamond Bar during the,,
2006-2014 planning period is 1,090 units. Site D is one of the very few available sites in the
City that can significantly contribute toward meeting Diamond Bar's RHNA obligation.
1.3.2 Senate Bill.375
[The following contains verbatim excerpts from "Senate Bill 375Faut heet published bySCAG(lO1U)]
G8 375 (Steinberg) is California state \egio|m�oD that became |avx effective January 1, 2009. 8
pnJOlcte`-ed'--"'r�gi�ns to vVo[ktogether tV reduce greenhouse gas KGH(�\ emissions �onn
'- California regions
c8[G and light trucks. This new [8Vwould achieve this OhiHCtime by requiring integration of
i from this
[ta1i | dse and housing.The plans emerging
�pO������ for �[8nSP� t VO'Ol�nit-u�t�@t provide residents with alternativesto 'giOQ
process will \��d t� more ��|Q�O communities /� "
single occupant vehicles. SB 375 requires the California Ai[ Resources
Board (cARB) t
o
develop regional reduction targets for automobiles and light trucks GHG emissions. The
regions, in turn' are tasked with creating "sustainable communities et[ategy.'(bCb)which
combine transportation and land -use elements in order to achieve the emissions reduction
target, if feasible. 8B 375 also offers local governments regulatory and other incentives to
encourage more compact new development and transportation alternatives.
|norder tO achieve the greenhouse gas reduction goals GEd out in California ASS80b!V Bill 32:
"/he Global Warming Solutions Act of2000"(AB 32\.GB375focuses onreducing vehicle miles
traveled KKT\and urban sprawl. /B 32 was the nation's first, law to limit greenhouse gas
emissions and GB 375 was enacted thereafter bJ/oFeopecific"\|yaddneoethetra»aPortat\on
and land use components of greenhouse gas emissions. Through the implementation of
regional SCS plans by2O2O,the goal of8B375iotosee aoign\ficaOtdecrease ingreenhouse
gas emissions for the environment and an increase in quality of life for residents.
There are two DlUtU@Uy important facets to the SB 375 legislation: reducing VK8T and
8OoOUr8giDg more CODlpaCt. Cor0p|ete, and efficient CoDlDlUDitieS for the future.
GC/\G and the San Gabriel Valley [|0UOCi| of Governments—the aVbnaQioRa| planning
organization of which Diamond Be[ is m member—are in the process establishing the
parameters for aOSCS for the subregions cnnphsinQtheSCAG[egion. Although the SCS |e
not yet adopted, many local jurisdictions are 0okiDQ efforts toencourage deve(opmentothgf
reduce «w/' The Site } specific Plan furthers the objectives of SB 375 by facilitating horizontal
mixed use with pedestrian connections between th8ruSideDt\8| and ooDnerc\8\ CVUpVOeDtG. In
the aboeDceoftransit infrastructure (other than bus routes), mixed use developments can play 8
icant role in local efforts to reduce VMT.
2.0 INTRODUCTION TOFINDINGS
2.1 Format of Findings
These FindiOgg have been divided into G number Of sections. Those sections and the
presented @r�br�_�vVU�\D�d ba|ovV
i�fOn0@�On�nB�� ~ .
(ProjectSection 1.0 Description). . Th\S section provides GD overviewoverviewOfthe proposed project,
describes its `location, and identifies the project's etatedohiectivee.
Section 2.0 (introduction to Findings). This section provides an introduction tnthese Findings,
and `describes their purpose and statutory and regulatory bga\a.
Section 3.0 (General Findings). \O@dd�iODtothe speCi�Cfindings presented herein, this section
`
identifies the general CE[}Afindings ofthe Lead Agency
Ell
SectiDn 4.0
�(Findings
`eRegarding
�=the
'—Significant OrPotentially Significant
Environmental Effects
Cf the Proposed Project which cannoz Feasibly be. mua"e" to Below ~ Level of ~ '
This section sets forth findings regarding the significant o['a|k/significant environmental
impacts ofUl� proposed which ��Dn��f�@�ib|y be mitigated to 8 |eesthan-sig Ddcant
|eve|based-oOthathnssh 'd of significance criteria presented in lO� FE|Rand which will ormay
result from the app[nVa|, construction, habitation, and/o[ Use of the r.'eci and/or the -pnojeot
-
Section 5.0 (Findings Regarding the Significant or Potentially Significant Environmental Effects
of the Proposed Project which can Feasibly be Mitigated to Below a Level of Significance). This
section sets forth findings regarding the significant or potentially significant environmental
impacts of the proposed project which either do not manifest at a level of significance based on
the threshold of significance criteria presented in the FEIR or which can feasibly be mitigated to
a less -than -significant level through the imposition of standard conditions of approval and/or
those mitigation measures included in the FEIR and adopted or likely to be adopted in the
project's "Mitigation Reporting and Monitoring Program" (MRMP).
Section 6.0 (Findings Regarding the Mitigation Reporting and Monitoring Program). This
regards K8RW1P
section contains findings xx/zn .
.Secfion 7.0 (Findings Regarding Alternatives not Selected for Implementation). This section
provides findings regarding those alternatives to the proposed project which were examined in
the FEIR and which were considered by the advisory and decision-making bodies of the Lead
Agency as part of their deliberations concerning the proposed project but which were not
selected by the City Council for implementation following those deliberations.
Section 8.0 (Project Benefits). This section presents a number of identifiable community
benefits attributable to the proposed project.
Section 9.0 `----�m�o���i�Considerations).� �is=section �
���—s�L�
Agency's
'btotenerucnOverriding Considerations"`---' settingforth the City's reasons and rationale for
finding that specific economic, legal, social, technological, gndothr considerations associated
with or attributable to the proposed project outweigh the p`.'a significant or potentially
significant unavoidable adverse environmental effects.
As applicable for each ofthe above referenced mscbone'the sigO�c@n1orpoteO�o\��gnUicaOt
environmental effects identified in the FBR have been referenced therein. Following each
id
referenced environmental effect, the Lead Agency has identified the findings and facts that
fo�h in each of the
constitute the bases for the Lead Agency's actions. The findings setot '
following sections are sUppo�edbyfacts inthe ad[Oiniet�tiverecord [fthe proposed prV]e.
The referenced findings and facts presented h[e\nnayhaVe[e|evGncVboth in
the context Of
i� /
the specific ' environmental effect for which those findings and h3:tG are indicated and for other
i p t�| t������ identified in the FB>� and in these Findings. For the purpose ororevuy,
environmental t d herein are not duplicated under multiple topical \aoUee but/
those findings @�d facts P����Oe»
� constitute the.factual basis utilized by the decision-making'
should b� assumed to cOU�ct|V�|yc�n ` .
body of the Lead Agency \Dmaking these Findings. .`
` � 8U�|iZ�dbv
'� �eothenmimanotediOthgFBR,theth[eoho|dofsignificance ur�en -' the Lead
�xc��» the significance project -related hD�acteare based on
AoeU�y�to�aeao� ��Y] FovJc^r'�' ---_-`�_ `_
5.
cr�hOD .o[�iO�iOAo���G��e��C�AGui�|iD�@��O����h�v��
c',r-�— Agency ��h[�g�nj�hJ(�ECbAdVcu[DentgtVnp[�pa[�dbvUle
hevebe�OUGedb«b�thth�L��U an�V . -,
Lead Agency for other projects within the City and by other jurisdictions throughout California.
2.2 Findings of Fact and Statement #fOverriding Considerations
hvthe Lead Agency
The following statement of facts and findings (Findings) has been prepared in accordance with the provisions of the California Environmental Quality Act (CEQA), as
codified in Section 21000 et seq. of the California Public Resources Code (PRC), and the
Guidelines for the Implementation of the California Environmental Quality Act (State CEQA
Guidelines), as bodified in Section 15000 et seq., in Title 14, Chapter 3 of the California Code of
Regulations (CCR), for the SDSP project and for any and all discretionary actions reasonably
associated therewith. For planning purposes, the Lead Agency, the Governor's office of
Planning and Research - State Clearinghouse (SCH), and/or other responsible agencies have
or may assign case or file numbers to certain actions now contemplated by the City, by the
SCH, and/or by those responsible agencies. Those case or file numbers (and the assigning
agency) include, but may not be limited to: (1) SCH No 2008021014 (SCH); (2) Environmental
impact Report 2007-02 (Cit ' Y); (3). General Plan Amendment No. 2007-03 (City); (4) Zone
Change No. 2007-04 (City); (5) Specific Plan No. 2007-01 (City); and (6) Tentative Map No.
'
Reference
—tothe GD8herein ieintended tobainclusive ot/1\each of the above referenced
discretionary actions; (2) �U�h additional discretionary and ministerial @cUoOe as may be
required for o[gssociassociated with the construction, habitation, occupancy, use, and maintenance of
the SDSpaOdthereal property thereupon for the residential, non-residential, and infrastructure-
related
nfnastructure-
n3|atadusegpnoposedvithiOtho- ephicareeeXani edinthe"Fipa/Environnenta\inpa(t
Report- 'Site D' Specific Plan, 8CNo. 2OO8O21O14"(FE|[).whether ornot included yithinthe
geographic area encompassed by the GOGP; and () those standard coOd\t|ons, mitigation
neoeuneo, and other conditions of approval as may be imposed thereupon by the City's
decision-making bodies and the decision-making Doo/ea of those responsible agencies with
jurisdiction thereupon.
The State [|ECb4Guide\iOea provide that Oo public agency shall approve or carry out a project
for which an eDVin]OOeDt8\ impact report /E|RA has been completed which identifies one or
more significant environmental effects on- the environment that would occur if the proposed
project is approved orcarried out unless
the public agency makes one o[more written findings
ingu
for each of those significant effects. This document presents the findings of fact andsubstantial
evidence that must be Dade by the City Of Diamond Bar City C0uOCi|'({itv COVnC\\). acting in
that body's napmcitva� the Lead Agency's decision-making _ody, prior to determining whether
tocertify the FBand approve orconditionally approve the G[8P.
U�k�i vxhk�h shall be
The possible findings in Gec�VO 15001 of the State CEQA Guidelines, u
supported bvsm� ~D�'|eVideOoeiDthereoond,indUde:
(1) changes or alterations have been required in, or incorporated into, the project thsd8VOid
orsubstantially lessen the significant environmental effects, as identified in the final BR.
[This shall �8
F7referred to herein as "Finding (1)1
`- (2) Such GUch ChaDgeS or 8lte[8tUOa are within the responsibility and 'UriSdiC[iOD Of another
public agency and not the Gg8OCV making the findings. Such changes have been
@doot��bvSUchOth agencyOrcan and should beadopted, bvsuch other agency.
[This finding ' -' shallb �edtoherein ms"Finding (2)'l
1.9
(3) Specific economic, legal, social, technological, or other considerations, including
considerations for the provision of employment opportunities for highly trained workers,
make infeasible the mitigation measures or alternatives identified in the EIR.
[This finding shall be referred to herein as "Finding (3)"]
With respect to those significant effects that are subject to Finding (1), the agency shall also
adopt a program for reporting on or monitoring the changes which it has either required in the
project or made a condition of approval to avoid or lessen significant environmental effects.
With respect to those significant effects that are subject to Finding (2), the findings shall not be
made if the agency making the findings has concurrent jurisdiction with another agency to deal
with
ith identified feasible mitigation measures or alternatives. With respect' to those significant
effects that are subject to Finding (3), the findings shall describe the specific reasons for
rejecting identified mitigation measures and alternatives.
In accordance with Section 15091 of the State CEQA Guidelines, the City Council makes the
following findings for each significant or potentially significant environmental effect identified in
the FEIR. Those impacts are categorized under the corresponding topical headings presented
in the FEIR. Reference to mitigation measure numbers herein are as presented in the FEIR and
may differ from those numbers or notations that may be subsequently assigned should the City
Council elect to approve or conditionally approve the SDSP.
As indicated in _Section 4.0 (Significant or Potentially Significant Environmental Effects which
Cannot Feasibly be Mitigated to Below a Level of Significance) herein, a number of significant
environmental effects are identified in the FEIR which cannot be avoided or substantially
lessened. In recognition of the continuing existence of significant unavoidable adverse
environmental effects, a statement of overriding considerations (SOC), supported by substantial
evidence in the record, is, therefore, required in order for the City to approve the SDSP. The
SOC for the SDSP is presented in Section 9.0 (Statement of Overriding Considerations) herein
and presents the rationale for the City's approval or conditional approval of the proposed project
despite the continuing existence of those unavoidable adverse environmental effects.
2.3 Record of Proceedings
For purposes of CEQA and these Findings, at a minimum, the record of proceedings for the
FEIR consists of the following documents and other evidence. All references to the FEIR herein
shall be assumed to be inclusive of each of the following documents and such other
accompanying evidence as may be identified by the City Council:
(1) "Initial Study," including all documents expressly cited therein;
(2) "Notice of Preparation" (NOP), "Notice of Completion" (NOC), "Notice of Availability"
(NOA), "Notice of Determination" (NOD), and all other public notices issued by the Lead
Agency in conjunction with this CEQA process; SCH No. 2008021014" and
(3) "Draft Environmental Impact Report —',Site D" Specific Plan, fic Plan, SCH
"Technical Appendix - Draft Environmental Impact Report — 'Site D' Speci
No. 2008021014" (DEIR), including all documents incorporated by reference therein and
all written comments submitted by public agencies and other stakeholders during the
public reviewperiods established by the NOP and NOA;
(4) Other site-sp I ecific and/or project -specific technical studies and exhibits not included in
the FEIR but explicitly referenced therein;
(5) "Response to Comments on the Draft Environmental Impact Report — 'Site D' Specific
Plan, SCH No. 2008021014," including all written comments submitted by public
agenciesby the
and other stakeholders during the public review period established hvthe
N[)C'
(6-) "Minutes ofthe City of Diamond Bar Neighborhood Forum ofSite "C"Specific Plan Draft
Environmental ImpactRepo[L' Heritage ParkConnUDUvCenter, 2900 S. Brea Canyon
Road. Diamond Bar, August 3, 2009." as prepared -' bv the �� (�ho of Diamond Bar
Conl[nUn�«D�vo|opnl�ntDep��OOent(Depo�On�n0�
'-' '
(7\ A|| written and Verbal public testimony presented during
noticed scoping meetings and
` '
public heariReporting"r OQoforthepn]pOsedpr (t8tVVhichpUb\icteGtiOlonywas taken;
8\ "Mitigation Reporting and Monitoring Program"Pn}�[�" /K8RK8P\. as presented in the DE|Rend
` as subsequently adopted <��UDoi|;
' by the ^
(8) All agendas, staff reports, and approved minutes of the City's '8 P|aOOingr
Commission and d
City Council relating tothe proposed project;
(10) All maps, eXhibits, figure, and text comprising the "'Gite DSecJicP|mr,;
`11' Matters of common knowledge to the CdvindUdiOg, but not limited to, federal, State, and
local |aVxe. nJko' regulations, and standards;
M�-� These Findings and gUdocurDeOts ' c�ediOthese F�dOge;and
.
`1` 8uohotherpe(evontnlataha|arequira' to be inthe record 0fproceedings under Section
21167.6(e) of CEQA.
2.4 Custodian and Location of Records
The following information is provided in compuou�with Section 21081/5`-AC,q` ofCEQAand
Section 15OB1(e) ofthe State [}EQ/\Guidelines.
The documents and other materials constituting the administrative record for the City Council's
actions related to the FBR are located at the City of Diamond Bar, CnnnOUUOUv Development
Department,21825 Copley Drive, Diamond Ba', California 91765-4178. The CommunityDeve|oprne^^Director is the custodian of the administrative record for the proposed project.
During "h"�City, regular bUSin��e h�U[� �� the �y. ��pie� C� the d0o��Dt� constituting the FE|R'a
and the SP's record of proceedings are available Upon request at the offices of the
Community Development Department.
3.0 GENERAL FINDINGS
Inaddition hJthe specific findings identified herein, the City Council hereby finds that:
/1\ ~'-- ---�' the City of Diamond Ba[ is bthe appropriate "Lead /oennv
" for the
proposed project and duringthe project's CECAproceedings noother agency asserted
o[contested the Cih/�"L��dAoeOnv^�t8tUs;
'' �� '
(2\ compliance p[�Vi�i�O� of ��i|| (G�\ 18
As p����th���EC}ApFnc�aa. |D �oD0p 8Oc , ,
` ' and the Governor's Office of Planning and Research's ((]PR) "Supplement to General
Plan GUidaUnee-Thbo| Consultation Guidelines" /2005\. the Lead Agency notified the
appropriate California Native American tribe ofthe opportunity to conduct consultation
for the purpose of preserving or mitigating impacts to cultural p|aces, referred the
proposed action tothose tribes that are on the Native American Heritage Commission
(NAH|) contact list that have traditional lands within the agency's jurisdiction. and send
notice to tribes that have filed mwritten request for such notice;
(3) In recognition Ofthe fact that the real property examined in the FE|R includes separate
properties owned by the City, the District, and the County, the Lead Agency CVDdU[t8d
extensive consultation with those agencies, in combination with other agencies identified
by the Lead Agency in the FEIR, are identified as "Responsible Agencies" under CEQA;
J;
(4) Copies of the Initial Study, NOP, DEIR, and NOC were provided to those Responsible
Agencies identified in the FEIR and each such agency was provided a specified review
period to submit comments thereupon;
(5) In compliance with Section 21092.5(a) of CEQA, at least 10 days prior to the certification
of the FEIR, the Lead Agency provided its written proposed response to those public
agencies that submitted comments to the Lead Agency on the DEIR;
(6) The FEIR and all environmental notices associated therewith were prepared in
compliance with CEQA and the State CEQA Guidelines and in accordance with the
City's local guidelines and procedures;
(7) The City Council has independently reviewed and analyzed the FEIR and the FEIR
reflects the independent judgment of the City Council;
(8) A MRMP has been prepared for the proposed project, identifying those feasible,
mitigation measures that the City Council has adopted or will likely adopt in order to
reduce the potential environmental effects of the proposed project to the maximum
extent feasible;
(9) The mitigation measures adopted or likely to be adopted by the City Council will be fully
implemented in accordance with the MRMP, verification of compliance will be
documented, and each measure can reasonably be expected to have the efficacy and
produce the post -mitigated consequences assumed in the FEIR;
(10) Each of the issues to be resolved, as identified in the FEIR and/or subsequently raised in
comments received by the City during the deliberation of the City's advisory and
decision-making bodies, have been resolved to the satisfaction of the City Council;
(11) The potential environmental impacts of the proposed project have been analyzed to the
extent feasible at the time of certification of the FEIR;
(12) The City Council reviewed the comments received on the FEIR, including, but not limited
to, those comments received following the dissemination of the DEIR and RTC, and the
responses thereto and has determined that neither the comments received nor the
responses thereto add significant new information under Section 15088.5 of the State
CEQA Guidelines;
(13) The City Council has not made any decisions that would constitute an irretrievable
commitment of resources toward the proposed project prior to the certification of the
FEIR nor has the City Council previously committed to a definite course of action with
respect to the proposed project;
(14) Copies of all the documents incorporated by reference in the FEIR are and have been
available for review during the regular business hours of the City at the office of the
Community Development Department from the custodian of records for such documents;
(15) These Findings incorporate by reference such other findings as may be required under
Sections 65454, 65455, 66474, 66474.4, 65853, and 65860 of the California
Government Code and those corresponding finding required under the "City of Diamond
Bar Municipal Code" (Municipal Code); and
(16) Having received, reviewed, and considered all information and documents in the record,
the City Council has or will impose conditions, mitigation measures, and take other
reasonable actions to reduce the environmental effects of the proposed project to the
maximum extend feasible and finds as stated in these Findings.
4.0 FINDINGS REGARDING THE SIGNIFICANT OR POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT WHICH CANNOT
FEASIBLY BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE
The City Council has determined that existing statutes, regulations, conditions of approval,
uniform codes, project design features, and/or feasible mitigation measures included in the
9
FE|R and adopted by o[likely to be adopted hx�the City Council will result in a substantial
m|
reduction of most but not all of thoseenvironmental efects identified in the FE|R:Notwithstanding the existence of those statutes and regulations and the adoption of those
conditions and measures, the City Council finds that the following significant or potenta||y
significant environmental effects will continue to exist.
4.1 Air Quality
4.1.1 Construction of the proposed project has the potential to violate or
add to a violation of air quality standards (Air Quality Impact 7-2).
Findings: The City Council hereby makes Findings (1) and (2).
Facts in Support of..Finding : The following facts are presented in support of these
`-) Project -related anNdcumulative air quality v impacts are addressed in Section
4.7
(Air Quality) in the FE|R and that analysis is incorporated herein by reference.
(b) The air quality mOa|yoig was conducted in accordance with the methodology
presented in the South Coast Ai[ CUg|itv Management District's /8[ACK}\
"C --' Air Quality Handbook" (GCAQMD' April 1993), "Localized Significance
Th---'- Methodology" (GCAKD. Juno 2005). and updates included on the
G-'-DInternet web site. The analysis makes use of the URBEM|G2007
urbanemissions model 'Ke[GioD G.4.21for the determination of daily mJOotnJutioO
and operational emissions, the United States Environmental Protection Agency's
~
(i'GE-'p`A--)- G-EN3 Dispersion model for localized construction impacts, the
r --'-'-'s -theCalifornia Department of Transportation's (Caltrans)
'-nsport@tD Project -Level Carbon Monoxide Protocol," and CAL|NE4
computer model of carbon monoxide /[[ dispersion modeling.
`-) Air quality impacts will VcCV[dUriDg site preparation and construction activities.
Major sources of emissions during construction include exhaust eoiaoioOe.
fugitive dust generated eearesult of soil and material disturbance during grading
activities, and the emission of reactive organic gases /RC)Go\ during site paving
and the painting ofthe structures.
(d\ -[ha terms "reactive organic gases" (RO(�s). "reactive organic compounds"
` ' /F{[)[|o\, and "volatile organic compounds" (VOCs) are used interchangeable in
the DBFl.
(�\ Based on the GCA(]K8D'ePacoOl[Dendedthreshold criteria, URBE�K8|G computer` ' model results indicate that RC)G emissions associated with the application of
paints and coatings could neoV|t in o potentially significant
short-term air quality
impact.Because �h� construction phase could onagte l�C}(� emissions is
exceedaDoe of the G(�A{}K8O`a recommended �significance thnaeho\d . the Lead
Agency has formulated gnumber nfmitigation measures (KitigoUonKaaouren7-
1--n-d�7-2)toFedVcethmtim 'acttothe extent feasible.
In addition to those mitigation measures identified by the Lea
d AgeOcy, all
projects constructed in the South Coast Air Basin (SCAB) are subject to standard
conditionsand uniform codes. Compliance with these provisions is mandatory
and, as such, does not constitute mitigation under CEQ/Those conditions
mandated 'h8SCAQKO iO[jUde. but are not limited to, the following: M\ Rule
403 requiresthe use of Best Available Control Technologies (BACT) during
construction and sets requirements for dust control associated with construction
� ��� �11 a� �1.2 t� u� � k� sulfur fuel �
u�vv/u��' `-' ' ' ' (3\ RU�` ' 1O8 S�t� on F�[�{� content
8qV|�DOen� /limitations~
v*u"""= "~'~~~~~--k» 1113 �' ` '-onRO(� coDtentiAa[ch�euturaL
|D mopna� and \�/ nu =�= limitations .
^"a"'»y~'
(g) Notwithstanding the implementation of the recommended mitigationoD Oe8eU[eo
and the project's adherence to applicable ot8Od@Pd conditions, UOifmO0 codes,
and 8C/Qm[rules and regulations, other than through a substantial reduction iO
' e ot and/or reduction in the daily concentration of
the ei�a of the PnopnoaU Pro]
asphalt and architectural coatings applied, U d' proj/ed construction -term FlOG
emissions would remain at levels in excess of the GCAC\MD'o recommended
threshold criteria.
h �� potential 41 2 Operation of the r.r..._ project �� . .
� � U8|�v Gt�OdWndS /�� |OOnac�7 3A.
3ddhJ�v|V|�t0OOrg|rq .� (Air `^"�".x ,-- �-'
The City Council hereby makes Findings /1\and (2).
Fact in Sup
The following facts are presented in support of these
findings: `
`-A Project -related and cumulative
air quality impacts are ad
d[eased in Section
47
(Air Quality) in the FE|R and that analysis is incorporated herein by reference.
(b) //e major source of long-term air quality impacts is that associated with the
emissions produced from project -generated vehicle trips. With regards to mobile s^VUu![ce emissions, based on the findings of the traffic 8D8\Vsis.
the- proposed
project is estimated to produce 9,276 average daily vehicle trips
'e(tiGe-nat-top[odUce8.278aVa[@ged8i|VVehidebips (AOT).
(c) Emissions associated with project -related t[ips are based onthe URBEW|82OO7
in 2OOS Since emissions per
computer OOOde| and assumed site occupancy .
p annually due to tightening emissions restrictions and
vehicle �F� 'reduced
replacement ofolder Vehi |�e` the
use of 2009 emission factors
ors preaenta avoret-
oase analysis with regards to operational air quality impacts.
(d) Operational R[G' nitrogen oxides /NOX\, and carbon monoxide
(CO) aD.\eainOn
are projected to exceed the GCACKO recommended threshold of significance
«u/ue* and the impact is potentially significant. Becauseproject occupancy is projected to create ROB. N[X' and CO emissions ex
ceoG of the GCAQK[
suggested daily criteria, the Lead Agency has formulated a number of mitigation
measures (Mitigation Measures 7-3 through 7-7) .o reduce that impact to the
extent 8sfeasible. vV�U|�notbee�pec��dt�na<�dUceR�NOX`
(�) \0p|e0antatioDofthose0aasurea .
` ' and CC}emission levels to@less-than significant level. There are noreasonably
can nn�d�uep projected operational R(�(�. N{]x,
aVgi|�Ld�rn�o��oO [O�egU[ee cu /`o
and COemissions to less -than -significant levels.
in �on�i�O8tk�n Vv�h other �det�d �eot�.
The ,��
4 1 3 p" ^' ---�—� i criteria pollutants
' ' ntial to result (O ' cumulativelycoOaid�neLA� iO�r�a�� n � ,_
.__--,_-
(Air Quality Impact 7-6).
`
`�====The City Councilhereby makes �lo�ge(`1)aDd/,�,\
'
`
' The following facts are presented in SUnoo� Ofthe|. ,,-'
. .
findings:. .
`
(a) Project -related and cumulative air quality impacts are addressed in Section 4.7
(Air Quality) in the FEIR and that analysis is incorporated herein by reference. -
(b) Since ROG emissions associated with the application of asphalt, paints, and
coatings and ROG, NOx, and CO mobile source emissions are expected to
remain significant, the project will add incrementally to the cumulative air quality
impact produced by other related projects.
(c) ROG and NOx are criteria pollutant precursors and go on to form secondary
criteria pollutants through chemical and photochemical reaction in the
atmosphere.
(d) The SCAB is classified by the State as "extreme non -attainment" for ozone.
Ozone is one of a number of substances (photochemical oxidants) that are
formed when ROCs and NOx react with sunlight.
(e) Mitigation for the cumulative impact is as specified for construction and
operational impacts. However, even with the adoption of the recommended
measures, air quality impacts will remain cumulatively significant. No mitigation
measures, formulated specifically to address the project's potential incremental
contribution to cumulative air quality impacts, are deemed to be reasonably
feasible.
6.0 FINDINGS REGARDING THE SIGNIFICANT OR POTENTIALLY SIGNIFICANT
ENVIRONMENTAL EFFECTS OF THE PROPOSED PROJECT WHICH CAN
FEASIBLY BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE
The City Council has determined that existing statutes, regulations, standard conditions, uniform
codes, project design features, in combination with those conditions of approval and feasible
mitigation measures included in the FEIR and adopted by or likely to be adopted by the City
Council, will result in a substantial reduction of the following environmental effects and that each
of the following environmental effects will either occur at or can be effectively reduced to below
a level of significance.
5.1 Land Use
5.1.1 Environmental Effect: New residential and recreational land uses could introduce land
use compatibility issues between the proposed uses and those existing and reasonably
foreseeable future land uses that now and which may exist in close proximity to those
uses (Land Use Impact 1-1).
Finding: The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
Via) Project -related and cumulative land -use impacts are addressed in Section 4.1
(Land Use) in the FEIR and that analysis is incorporated by reference herein.
Although no commercial site plan has been presented for the Lead Agency's
consideration, once development plans are formulated, those plans are subject
to the City's development review process and must, conform to applicable
3 property development and use standards.
?1\ Chapter 22.48 (Development Review) in Title 22 (Development Code) of the
)e Municipal Code establishes procedures for reviewing residential, commercial
industrial, and institutional development to facilitate review in a timely and
13
12
efficient manner, and to ensure that development projects comply with all
applicable design guidelines, standards, and minimize adverse effects on
surrounding properties and the environment. Section 22.16.080 (Screening and
Buffering) in Chapter 22.6 (General Property Development and Use Standards)
therein presents the City's minimum standards for the screening and buffering of
adjoininq land uses, equipment and outdoor storage areas, and surface parking
areas with respect to b 0-th molti-family and -non-residential land uses.
`-' Single-family adjacent and in dose proximity to existing single-family detached residential
apeas located to the north, SoUth, and east Of the project site. Although
residential densities between the two housing product types may vary, 000n
existing and proposed residential uses would be expected to possess similar
operational characteristics and use expectations. o[o compatible
(�\ The proposed residential, [eonaEtioDa|' and open spaces uses ` ' with existing and proposed development within the general project area. '
0l Although none mfthe threshold chtehavVou|dbe exceeded, the Lead Agency has
`�' identified a number of standard conditions of approval (Conditions of Approval 1-
1 and 1-2) designedto p[o[noh5 land -use consistency and compatibility.
- 'of the �ht�[igxv�u|d be exceeded, the identified impact
/ \ Since none tne .
`g' v' ""~~''~~ ---- �� additional standard conditions and/or
would be less than significant and no a
mitigation measures are recommended o[required.
5.1.2 Th sed mixed-use - including the land uaao.
"~'~~~-'--- development sn, could conflictwith the
plansadopted and policies Ofthe City (Land Use Impact 1-2\.
The City Council hereby makes Finding (1).
Facts in Su :)ort of Findinq: The following facts are presented in support of this finding:
�A Project -related and cumulative land -use impacts are addressed in Section 4.1
`-' "�=`
(Land Use) in the FBR and that analysis is incorporated by reference herein.
8' The proposed project is geDan8Uy u"nSiSterd ..' the policies of the ^Qb
of
Diamond Bar Genera Plan" FqmA.
`--�-- Plan).
(c) In addition kJGeneral Plan consistency, the project issubject to co
DpUaOc
-ev
t
h
applicable p[OViaioDaofthe Municipal Code, |Do\udiDg those contained inChapter
22'22(Hillside Management) of the Development Code. In accordance with the
provisions ofSection 22'22O4O']ene-v\ iO Title 22(Development Code) ofthe
Municipal Code@total of524dwelling units could be developed on the site,«/i^/iSSubsta'"aUVQ[eate'thonthe2O2dVoUingUnitopropoaed.
(d) Although
a General Plan amendment `-pA\ and/or zone change�(7C) would be
required toaccommodate the proposed residential u��. the proposed densities
are allowable in the City'GUhie[t to oPA and/or ZC. the residential portion of
the project would be deemed consistent with the "City of Diamond Bar General
Plan" KGonarg| Plan).
(e)
(e) Baseu on existing ~
ning and aGeVniOg a lot -line adjustment to better 8q
uate -
the
existing iD0 with the site's development potential, as specified in Section
` �2 1OO2O (Purpose cx/�onxn�Commercialih
/Industrial Zoning.� Districts)�'Chapter
Districts) in | Code) ode\0�
(Commercial/Industrial
~^--— -
^� u/�m-"" .~. no,_--
q
».� -�xd-enl
KUOk^�o| Code, t�� /�=
development in the ",Neighborhood Commercial /--1Y' Z0�|�� district shall /
Ul from 0.25 1'OO' In accordance therewith, a range of between 10
0.8
8
O
a
nd
439`520 square feet of commercial use could be developed on the project site.
The 153'985square feet of commercial use now being proposed falls near the
lower end (0.35 FAR) of the allowable FAR range and v�V\d, therefore, be.
co'8ieteDt withthe City's land -use policies.
The proposed project is generally consistent with the applicable core policies of
the Southern California Association of Government's (°`'~) 2008 "Regional
"
Comprehensive Plan — HelpingCommunities Achieve m Sustainable Future
(2008 RCP). .
( ) Although none ofthe threshold criteria VVoU|dboexceeded, the Lead Agency has
`g' identified a standard condition of approval (Condition of Approval 1-3) designed
to provide notification to QCAG mfprojected
'growthvVith|Othe Qtv, so as to allow
GCAGto more effectively update regional p|aDS' the identified impact
/h\ Since Done ofthe threshold criteria would be exceeded, �
` ' vVoU|d be less than significant and no additional standard conditions and/or
mitigation measures are recommended n[required.
5.1.3 Project implementation requires g General Plan amendment,
.ubdivision of the site, and other
adoption of a spe^"^ p'~^' ~~^- change, nnned|�Od���o Each ofthose o�ioOaie
t�e .
o|ecr�nunm/y m�uu/m"'accommodate^City ' '—'oi| and/or hv other responsible 3Qenokee
subject to specific findings by the -~ Council -'
(Land Use Impact 1-3).
The City Council hereby makes Finding (1).Facts in Support of Finding: .
presented
ThefoUmmingfm�oonapr�g� ,,- �
/a\ Project -related and cVOU|mtiVe land -use impacts are addressed in Section
4.1
(Land Use) in the FEIR and that analysis is incorporated by reference herein.
(b) xspecific plan is a regulatory tool, authorized under the provisions of Sections
65450-65457 Of the CGC' which is intended to guide the development of a
tool for the systematic implementation of the
|0��|i��d @r�m and o�r«� a� e �� t establishes � link between the
general plan. A specific plan UocU[VeD �o 'general plan �ndth�individUo|
implementing policies contained in an agency's b adopted or
development proposal inGdefined area. No specific � m o,cp|an may
amended unless the p[Opoeed plan or amendment is consistent with the
agency's general plan. No public works project, no tentative map
and nozoning
ordinance may beapproved, adopted. oramended within the area covered by a
specific plan unless consistent uthe adopted specific plan.
(c) As indicated in Section 60474` a legislative body of a city or ooUOt« shall deny
approval of a subdivision "@p iffind-thGt: (G) the proposed nap is not consistent
t
with applicable g8De[8| and specific plans; () the design or improvement of the
proposed subdivision is not consistent with -''Uuab|a general and specific plans; (`C) the xsite is not physically suitable for the type of development; (d) the site
e io
not physically suitable for the proposed density of development; (e)the design of
the subdivision or the proposed improvements are likely to cause substantial
environmental damage o[substantially and avoidably injure 5shOrvi|dhfe0rthai[
habitat; (f) the design of the subdivision or type Ofimprovements is likely tOcause
serious public health pPJb|eDS' @Dd/O[ (g) the design of the subdivision or the
type of improvements will conflict with easements, acquired by the pUb|\C at
I'm
large, for access through or use of, property within the proposed subdivision.
'
Section 08473.5 restricts local agencies from approving a final subdivision map
– for any land use project UO|esa the legislative body finds that the proposed
subdivision, together with the provisions for its design and iOlp[ovem0ent, is
consistent with the general plan or any Specific plan. A proposed subdivision
shall be consistent with a general plan or a specific plan only if the local agency
has officially adopted such a plan and the proposed subdivision or |@Dd use is
compatible with the oh|ectiveo, policies, general land UGeG, and programs
specified therein.
/d\ PUraUgOt to the General P|oD, it is the policy of the City to "[e]Dc0Un3ge the
' � innovative Use of land resources and development ofa variety of housing and
other development types, provide a means to coordinate the public and private
provisions of services and facilities, o,d address the unique needs of certain
lands by recognizing Specific Plan \ovar|gydesigOatioOs: (a) for large scale
development areas in which residential, coDm[De[ci8|, necneadiona|, public facilities,
and other land uses may be permitted; and (b) large acreage p[opedy(ieo) in
excess of ten acres that are proposed to be annexed into the City" (Strategy
1.1.8. Land Use Element).
(�\ The information presented in the FE|R may be used, in whole or in part, by the
' ' City and by other responsible agencies to support specific findings as mandated
by State |aVV and by agency requirements and procedures, both as may be
required Vnde[CEQ/\ and as may be required in support ofother actions that
may be taken by the City and by other agencies with regards toLhe proposed
project or any aspect thereof. |nthe event that the City and/or other responsible
agencies are unable to make requisite findings, those discretionary approvals
associated with those findings cannot beissued. |Othe absence ofthe issuance
of requisite permits and approvals, no physical changes tothe project site would
be anticipated to occur and no eDv|n]D0eOta| impacts would result therefrom.
AD Although none of the threshold chte[iaxYOu|dhe exceeded, the Lead Agency has
'' identified Bstandard condition ofapproval (Condition OfApproval 1-4\ designed
to ensure an appropriate nexus between the project's environmental reviexVand /
any resulting land -use entitlements. .'
(g\ Since none of the threshold criteria would be eXCeeded, the identified impact
� � xvo4|d be |eoa than significant and no additional eteDdond conditions and/or /
mitigation measures are recommended orrequired.
5].4 Cumulative residential development within the City and the
population increase associated with the introduction of new dwelling units could exceed
the 2005-2010 population growth forecasts presented in the "Regional Transportation
Plan – Destination 2030" (SCAG, 2004) and which serves as a basis for regional
transportation planning (Land Use. Impact 1-4).
'
Finding
Th�{}hn(�oVDcj|herebv[O@keSF�DdiDg/1\.
_
. The following facts are presented insupport ofthis finding:
' (a) Project -related and cumulative land -use irnpmote are addressed in Section 4j
(Land
` —Use) in the FBRand that analysis is incorporated by reference herein.
/h\ |
i bhlgtk�nvV�hth�oeotherelated
/
''
'projects will result in the further mvm//za"".. of the general r`~je~^ area, including^^~^`/�
the conversion Of vacant or uto higher-intensityuGe�.`
/
1 ''
'
/
/
Nona of the land uses that are kjentified, however, constitute uses or activities
that are not currently
— present within the City or the region.
growth
(c) Anticipated residential development iOthe City exceeds the population
estimates formulated by GC\�. G[AG's projections are used as the for establishing regional transportation plans. By under -estimating interim |oog\
den@Odo. regional plans may not be as effective in responding to areaY.de
interim transportation needs.
(d\ Although none ofthe threshold chte[i8VYoU!dbe exceeded, the Lead Agency has
` ' identified G standard condition of approval /[}0Dd�ioD of Approval 1-3) designed
to apprise BCAG ofp projected growth within the Citv, so as to allow G(|A(3 to
more effectively update regional plans.
(�) Since none of the threshold criteria would be eXceeded, the identified impact` '
would be |�a� than significant and no additional standard conditions and/or
-- - - �onnOn�nd�d0rraqUir�d
nnitiga�on[neoeUnasare re .
5.2 Population and Housing
ProjectconstructionwiUincre@seth8k]og|haborfO[ceond.th[VUgh
5'2'1of worker )uv creation and the possibility ' relocation, has the potential to i
ndUoa
population growth iDthe QeOero/project area (Population and Housing Impact 2-1)'
The City Council hereby makes Finding /1\.
Facts in Support : The fo\\oVxiOQ facts are presented in support of this finding:
�� Project -related aDdCUnlU|mt���p�pU|�oD and hoUoi |A inlpa�s are addressed iD
Secti`-'on 4.2 (Population and Housing) in the FOR and that analysis is;
incorporated by reference herein.
(b) During construction, an estimated 73 workers
[o VoU
|d be associated with
h
the
project's 202 multi -family housing units and an additional estimated 49 workers
would beassociated with the prcge��'�153,985aquane feet ofconnen�o|use.
he workforce required for the project's conetruotion, operation, and
M
maintenance can baneaeona reasonably drawn fnzrnthe available regional labor pool.
d\ Since none of the threshold criteria
rihsh� would be exceeded, the identified impact
` VVDU\d be less than significant and DO standard conditions and/or
mitigation
measures are recommended orrequired.
5.2.2 Project implementation will result in the addition of up to 202
existingdwelling units to the City's existing housing stock and will increase the City's population
by approximately 662 individuals, based on the California Department of Finance's
'~~''~~'y ----' Citywide vacancy rates and average household size (3.335
persons/unit) and vacancy rate (1
-'wi(1 7(Population and Housing Impact 2-2).
The City Council hereby makes Finding U\.
Facts in Support of. Findin : The following facts are presented i . n support of this finding:
�� �
'ad�n�|atedgndQJnOu|at�epmpNa�oOandhoUoingimOp@ctoareaddnsaaed\n
`-' /v] d Housing) \ \D the F��|R and that 8O8\y5iS is
Section 4�� (Population an uu�//g,
incorporated by reference herein.
8d As indicated in California Depprtment of Finance estimates, in January 2008 the
City's population was estimated to be 60,360 individuals. The total number of
- Um/eU|nAUn¢a was estimated to be 18,380 um':.'
k� Total number of dwelling units now proposed (202 units) is less than the adopted
' ' GCAG 2008-2014 RHNA for new construction for "above moderate" iOuOOle
households (440 units) and only slightly more than 8CAG's identified new
construction need for "moderate" income households (188 units) 'The project
rapn*aanta about 18.5 percent of the projected housing needs for the period
2006-2014. Since the projected increase appears generally consistent with
regional projections, the project will further the attainment of GCA.G's regional
housing needs assessment.
/d\ Since none of the threshold criteria would be eDoeoded, the identified impact
` ' would be less than significant and no standard conditions and/or mitigation
measures are recommended or required.
5.2.3Environmental Project implementation will result iOthe construction of 153,985
square feet of oo00encio| use, directly creating about 482 new permanent jobs
(Population and Housing Impact 2-3).
Finding: The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
�A Project -related andcWOOu|gt�epopu|o�VO8DdhouGingiOnmaCtoareedd[esoedin
` ' Section 4.2 (Population and Housing) in the FBFl and that analysis is
incorporated by projected reference herein.
/b) Boaod on the 'ected OW0be[Vfdirect new jobs (482 jobs) and the number of
` ' housiOg units
associated with the proposed project /202 dwelling units), .the
project's projected on-site 'obs�o-hOUsiRg-ratio is about 2.3, indicating the p[o]aut
is"jobs rich." The relatively small number ofjobs and housing UOite, hoVVeVe[, is
not significant inthe broader regional context.
(o\ The inclusion of both residential and commercial uses on the same site serve to
` ' further attainment of the primary intent of jobs -housing ba|@Oce, namely the
reduction of vehicle miles tn@Va|ed K/y0T\ and the corresponding air quality
benefits.
/o) Since none of the threshold criteria would be eXceeded, the identified impact
` ' would be |ege than significant and no standard conditions and/or mitigation
measures are recommended O[required. .
5.2'4 Absent a corresponding and proportional increase in long-term
employment opportunities, projects that increase the City's housing stock would
contribute to the perpetuation of the existing Citywide jobs -housing innbe\anna
(Population and Housing Impact 2-4).
Finding: The City Council hereby makes Finding M\. '
Facts in Support of Finding: The following facts are presented insupport ofthis finding:
�
'
/�\ P otedand kaUVa population and housing i[nooctsare add in
'-' ` ' ^ Section 4.2 (Population and ` in the FE|F<and that analysis is
incorporated by reference herein.
17
` '' `
Between 2010 and 2030, the jobs -housing
��h��e��w� from only
0'86to0'82' `AoareoUlt. the itvV�UF�O@|D'�OUS|Ogncn and "jobs poor." u/
.
`-) Based on the projected number of direct new jobs attributable to the proposed
project (482 jobs) and the number of housing units /202 Unkn\, the project's
projected on-site jobs -to -housing ratio is about 2'3 and the proposed project vVd � �U|d be categorized om being "jobs rich." As 8 [�GU|t, the proposed project
promotes the attainment of G ^ G'G jobs -housing policies and vVnU|d not
incrementally contribute tothe existing imbalance.
(d\ Since none of the threshold criteria would be eXceeded, the identified impact
` ' vVoV|d be |eGo than significant and no standard conditions and/or mitigation
measures are recommended orrequired.
6.3 Geotechnical Hazards
4.3j (� i .he p �[D
'�ct��fn}8VacaOt property to an urban
use will expose site occupants to regional seismic hazards and localized geologic and
geotechnical ofthose regono andi ||oca|coOdiUono. site occupants may UGsubjected nounacceptable
geotechnical hazards (Geotechnical Hazards Impact 3-1).
The City Council hereby makes Finding /1\.
Finding:Facts in Support of The following facts are presented insupport ofthis finding:
/�\ Project -related and cUrOuhd�a geotechnical hazards impacts are addressed in
' `-' � Section 4`3(Geotechnical Hazards) in.UleFE|R and that analysis \oincorporated
bvreference harein
/b\ Information and analysis concerning the existing Qeo|ogic, geotechnical, seismic,
�//u
` ' �soils setting, including specific design and development recommendations
formulated in response thereto, are presented in "Preliminary Geotechnicalroo �aU�yUnhj�dQchoo|Diathct
Engineering Report: K8
� SiteD-aeaGroUiWalnut o/nuc .
Diamond Bar, Calif�rni�''(��FK8(�eo8n\enoe,January 152OOO).
TheproponeUproject ia 'r�oaib|e from a geotechnicg| perepective, provided that
(��
` ' the naconn[�ondotionspresented inthe project's geVtachnicm\iOVeatigadioDeare
incorporated into the project's design and construction. Since the Applicant has
committed to the incorporation of those recommendations, they are part of the
proposed project and the incorporationproject's design, construction, and operation will occur
in " conformity and compliance therewith.
i Dl�nt 8CtiV\ti�S will OC��[ in conformance with applicable
(d) Design and UeVeopr
Uniform Building Coda (UBC) and California Building Standards Code'/}BSC)
standards and requirements.
/e\ Although none ofthe threshold chhariuvvoV|dbeexceeded, the Lead Agency has
` ' identified @ St3Od8Pd condition Of approval (Condition of Approval 3-1) to eDoU[e
that each of the recommendations presented in the geotechnical investigation
� are incorporated into the design, d8Ve|VpnOeOt. and operation of the proposed
project. '
Since Done Of the threshold criteriaVOU\d be exceeded, the
identified impact
would be |eoe than significant and no additional St8Od@Fd conditions gDd/V|
mitigation measures are recommended or required.
M.
5.3.2
`
5.3.3
Environmental Effect: During the life of the project, structures and other improvementsectto' periodic ground shaking resulting from��''"�~~�~'' the property - faults ` throughout region (Geotechnical
��i�rOi� �V�Oto along earthquake u�� �o�1�U Pou `
Hazards Impact 3-2\.
The City Council hereby makes Finding (1)'
The following facts are presented insupport ofthis finding:
(�� Fz '�c�Fe|ated and cumulative geotechnical hazards inOpa�s are addressed in
`-' 8^�^ioO 4.3 (Geotechnical Hazards) in the FE|F{ and that analysis is incorporated
byreference herein.
/b� Information and analysis concerning the existing geologic, geotechnical, seismic,` ' and soils setting,including specific design and development recommendations
hJr^U|ated in response thereto, are presented in "Preliminary Geotechnical
Engineering Report: Site D-K8Goa Grading, Walnut Valley Unified School District,
Diamond Bar, C}m|ifo[nia"(KFK8E)aoGcieOoe.January 152DO8).
'
(n) The proposed project is feasible from a geotechnical pe[spectixe, provided that
the recommendations presented in theproject's geotechnical investigations
.
are
incorporated into the project's design and construction. Since the Applicant has
committed to the incorporation of those recommendations, they are popartofthe
proposed project and |eproject's design. oonst[WCtioD, and operation will occur
in conformity and compliance therewith.
/d\ Design and deVe|oprDaOtactivities xxi||ocoU[iOconrn0mDuexVithapp|io8b|eUB(�
' ' eOdCBGC standards and requirements.
(�\ Although none Ofthe threshold ohte�@vVoU|dbeexceeded, the Lead Agency has
` ' identified a standard condition of approval (Condition of Approval 1-3\ to ensure
that each of the recommendations presented in the geotechnical investigation
are incorporated into the design. development, and operation of the proposed
project.'
Ul Since none ofthe threshold criteria would be eXceeded,
the identified impact
would be less thanaignii~ant
and no additional standard conditions and/or
mitigation measures are recommended orrequired. .
a�
Loo L�ounly|alocated vmum/ aoek*Dl__'��Uvactive region.
occurred throughout the region and can tm expected
�
Since�=~'�~~'`~~'-'-�'-|'---` motk�taa.that �ccurthnoughoutther�gion including
to occur m Ln� future development . .
theA Ots and uoere, will remain subject to seismic forces (Geotechnical Hazards
Impact 3-3).
The City Council hereby makes Finding (1).
Facts in Support gf Finding: �ofth��ndi
The following facts are in support ng:
(Project-related'and cumulative g / chnic8| ha�and� iOl addressed in
� Section 4.3 (Geotechnical H in the FE|Rand that analysis is incorporated
by -' Ul��oU public and
Od Adequate �ontnz| Ol�a�unaa have been formulated to eDSVne ,--
`-'
private et[uotunae are constructed and maintained in recognition of site-specific,
��� and geotechnical, eoieDni��and soils condhiono.
onem-e�� , . ~~'
(c) Compliance �ith applicable UBC
—�- - ~ - - oand CGG}Cstandards and associated permit -
19
n��
agency requirements v�l| mitigate any potential hob�0Wa
�|
level ofG''significance.
' |d
(d\ Since Done of the threshold of significance criteria would be exceeded, the
` ' identified impact would be less than significant and no standard conditions and/or
mitigation measures are recommended or required.
5.4 Hydrology and Water Quality
Construction activities may increase sediment discharge and/o[
5'4'1 on of hazardous materials,. products, or other waste
result "' "=^^'~~~~~ \nlpont the q�@|�v of the area's surface and ground water
resources if discharged to those waters discharges "=` ~~~'~ (Hydrology' and Water Quality Impact 4-1).
'Finding:The City Council hereby makes Finding M\.
Facts in Support of Findings: The following facts are presented in support ofthis finding:
and water quality impacts aradde Project-related
in Section 4/4 (Hydrology and VVote[ Quality) in one ron and that
analysis v
hSi�iOc�rpo[�tedb[efeFencehe[eO.
/N |—~"''' `on and aDo|�i-'
- concerning the existing hydrologic and water quality xincluding ape��- design and deVe|oprnaDtFecoOODl8Dda�oDsformulated
setting,' presented in "Preliminary Drainage Report for Site 'D'
in response th����. �n� Di Diamond Bar Boulevard and Brea Canyon Road,
|0prov�n0aOta8t|pt�[e����O�7(�maE� Engineering, Inc.,February 2OO8 revised
0imrn�nd Bar, California" (PENCO Og ' .. . .
April 6, 2009`)
.
/n\ Water quality protect/on is ensured through preparation and implementation of
u=s"'`^~'~'poUutionp[eV�nUVnplan /88PFP\. as required under the State
Water Resources Control Board's (SWMCR) National Pollutant Discharge
Elimination System General Permit for Gtor0Vvate[ Discharges Associated with
Construction Activity (<�oDot[UutioO General Permit), through Best Management
(
Practices (BMPs) ' ~~~`igO�d �o ensure that grading and construction operations
` ' ^ �
involving the transport, o-tV[oge, use, and disposal of variety of construction Dmaterials complies with certain storage, handling, and transport requirements.
/n\ Pursuant to the Regional Water Quality Control Boa[d, Los Angeles Region's /-LA90CC3\ fourth -term General Ngti8D@\ Pollutant Discharge Elimination
System (Nr -GG) permit ("P[ES No. CA8004001) for discharges to the
municipal separate storm sewer eyotoD(KG4) in [ounty, a standard urban
stO[0VV@te[ mitigation plan (GUGK8P) shall be required, including appropriate
ByNPa and guidelines to reduce`- pollutants in storm water to the maximum extent
possible (MEP).
(d) General Permit and �o[np||oDo� with S\K/PPP and K�G4 permit
Th�(�oO�tr�ot|oD �Oara Compliance8ne�[�athat
` ' inshO�nte o�OetitUt� mandatory project measures.
requirements i ~v e not significantly impact downstreamp[
project -induced water -borne erosion does
drainage systems.
(e) Although none of the threshold criteria would beexceeded, the Lead Agency h8s
Of ap'n}V@\ (Condition of, Approval 4-2) requiring
identified 8standard condition
the City Engineer's gpp[DV@\ of @ 8USKP conforming to the requirements Of
Section 8.12.1695 of the Municipal Code.
go]
� Since none of the threshold criteria would baexceeded, the
would be less than significant and no additional standard
mitigation measures are recommended or required. -
identified impact
conditions eOd/D[
^
5.4'2Environmental Project implementation will result in the introduction Ofimpervious
site and, as o result of the impedance of opportunities for
---'rntl or infurfaces onto the iltration of those xvatore, has the potential to increase the quantity,----'- �ynd duration of storm waters discharged from the tract map area (Hydrology
and Water Quality Impact 4-2).
The City Council hereby makes M\.
Facts in Support of Finding: The facts are presented in ounood of this finding:
�� and cumulative hydrology aDd water quality impacts are
addr`-' Project-related
in Section 4.4 (Hydrology and Water Quality) in the FBFi and that
gD��eis is incorporated by herein.
'
analysis
to the recorded- plans for the Brea Canyon Storm Drain Channel
`-' (Private � Drain No. 3S5\. � 25-yeardiacha[ga of 2,285 cubic feet per second (�s)
i'�hoxVDsdthe dowO - Vn �sideoftheOia0ondBR[Bou|eVardcu��
�. The Log
-- �|�e (�o�ntv Department of Public Works /LACDpVV\ stipulated that the
'�~ -
existing County -operated @O maintainedt d dd[aiOage system accommodate a 5O -
year storm event of 2,602 cfs.
/c) A 50 -yea[ storm creates approximately 68.38 ds of [UOoff from the western
` ' portion of the project site and an existing 33 inch diameter reinforced concrete
pipe |ooa|a( to the south ofthe project sitcurrently carries off-site discharge of
83.84 ds. When combined with existing off-site discharge, the 50 -year storm
runoff totals 174.80 cfs at the Brea Canyon 8toFDO Drain ChmOOa|. The
summation of5O-yegrflows (2'602 * 174.80 = 2,776.8) from the project site and
from the channel total approximately 2.777 Cfa at this Poocn.
/d) Drainage improvements are proposed to accommodate projected flows.A�
` '
proposed, at ��8�h. the existing Brea Canyon Channel will be replaced with
*`.
reinforced concrete
-boX(RCB). Aex
stiOgthbUtmryopeO channel east ofthe
project site will be replaced with RCB, as well as the proposed entrance tothe
site. To convey the
the proposed channel section will be
double cells 9 -foot -wide by h RCB with an average 20 feet of cover.
Approximately 50 feet of transition box will be constructed from the proposed
transition structure downstream of the proposed
existingtrapezoidal
channel` -A The Lead Agency
~h8e identified oo[8nd�rdcondition �pp/uv�/ (Condition of
Approval 4 -requiring receipt ofall requisite permits and approvals from the
LACDPW allowing for the overbuilding ofthe Brea Canyon Storm Drain Channel.
UeDeUFe that drainage improvements are consistent with applicable design and
development standards end that post -project drainage flows do not naau\t in any
- iti @ti (Condition Of
adverse publicotherimpacts, mitigation OO�QSUP�
Approval 4-1\ has been included in the r��|�� and adopted u/ //ne/y to we """p`e"
'
inthe 'WRKPspecifying that all drainage facilities and improvements are aVbi
ect
tofinal
design
and engineering reviavvand approval by the City Engineer and, for
those storm drain ~ facilities under County `jurisdiction, by the L/\C[)P\8/.
21
Implementation ofthat measure will reduce identified impacts tobelow a level of
5'4.3 Continuing UrboObs�konofthe gene[a 'ed�area vVU|oo|ksdiYek/ contribute to surface flows within the Diamond Bar [|raehwatershed willresultin the
additional urban poUVbaOtethat could Gfhectthe bene�{ja|uses of existing
introductionsurface and ground water resources (Hydrology and Water Quality Impact 4-3\.
The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
(aA Project -related and cUnlUka�Ve hydrology and water quality are
`` ' '-,--'�— (Hydrology' and-` (�U�|�«\ in the FBFland that
oddnse��d in Section 4.4 VVgl�r ��,
onokmio is incorporated by herein.
(b\ (�o . '-[�ioO �� �h� project a�a to a mixed use development will generate
` ' �''- ' |d b discharged i�tO Di�rn�nd B�r (�r��K
additional urban runoff that would e .
Project -generated runoff could contribute to potentially significant cumulative
water qUe|ib/ impacts generated by existing and future land uses within the
tributary watershed area.
/o\ The proposed project and other related projects will be required to implement
^-' BK8Pa and fully with all applicable State water quality laws and
regulations.
(d) Although none of the threshold criteria would be exceeded. the Lead Agency has
` ' identified e number of standard conditions of approval (Conditions of Approval 4-
1 and - 4-2\ requiring receipt of all requisite permits and approvals from the
LACOPVV `\|ovx|ng for the overbuilding of the Brea Canyon Storm Drain Channel
and the City Engineer's approval of a GUGK8P conforming tothe requirements of
Section 8.12.1095ofthe Municipal Code.
(8\ Since none of the threshold criteria would be exceeded, the identified impact
` ' m/nu|d be less than significant and no additional GtmOd8nd conditions and/or
mitigation measures are recommended orrequired.
5.5 Biological Resources
5'5'1 Construction activities and fuel -modification requirements will
from vegetation removal of about50.4 acres located within the
^~~~'^ '^ direct'—�---catoDreqUir�eOte imposed by th Los Angeles (�ountvFire
Department ~~~^'^~r area. -- modification coulddirectly impact
[n
iDlpect addibona| vegetation (Biological Resources Impact 5-
1).
Finding : The City Council hereby makes Findings (1) and (2).
Facts in Support of Finding : The following facts are presented in support of these
`-A Project -related and cumulative biOk)giC8| [eSoU[CeS impacts are
addressed in
Section
4.5 (Biological Resources) in the FBR and that aOehain is incorporated
hvreference herein.
(b\ Information and mOa|yoie concerning the existing biological resource, arboreal,
and ` ' '- jurisdictional setting, including an moSBsSDlert of project -related in0pGCtS` are,
22�
presented- in the following studies: (1) "Biological Resources Assessment —Site
D. City of Diamond Bar, Loo Angeles County, California" (PCR Services
Corporation, June 24. 2008\; /2\ "Tree Survey Report ,--6ita[}`-City of Diamond
Bor, Los Angeles County. California" (PCR Services Corporation, December 18.
2007\; (3) "Results of Sensitive Plant Surveys Conducted for the Site [} Project
Site, City of Diamond Ba[, Los Angeles County, California" (PCR Services
CorponatioO, Deoembe[18. 2007\; and (4) "Investigation of Jurisdictional
Wetlands and \8/8te[s of the U.S., Site D, City of Di8DlODd Bar, Los /\Dge|ee
[|oUOty. California" (PCR Services Corporation, June 24, 2008).
/c\ During grading ope[EdioOs, impacts will occur to approximately 20.4 acre of
disturbed/ruderal, 3.8 acre Of eucalyptus stand/disturbed, 2.8 acres of mule fat
scrub, 2.1 acres of California walnut woodlands, 0.9 acre of rUde[a|/Oo|deDbUsh
scrub, and 0.3 uonao of southern vvi||om/ scrub. With the exception of southern
vvi||oVY sC[Ub, none of these plant communities are considered rare or of high
priority for inventory by the California Natural Diversity Database /CND[)B\.
(d) Rona natural communities are those communities that are of highly limited
distribution. The most current version of the California Department of Fish and
Game's "The Vegetation Classification and Mapping Program — List of California
Terrestrial Natural CoODmnUOiUey Recognized by the California Natural Diversity
Database" /C|DFG'2003\serves as aguide to each community's status.
(e) California walnut woodlands and southern xxi||oVV scrub are considered high-,
priority for inventory under the CNOC)B because they are experiencing decline
throughout its range. lFheao habitats are marginal in its value because they are
fragmented (i.e., not contiguous with similar habitats) and not expected to
support sensitive species. Focused sensitive plant surveys were negative and
habitat aeoeaaDieOta for sensitive wildlife species /e.g.. the least Bell's vireo and
southwestern willow flycatcher) determined that these habitats are not suitable to
support these species.
Ul Although California walnut woodlands and southern willow scrub are associated
with United States Army Corps of Engineers A\(|C)E\, Regional Water Quality
Control Board (RWQ(}B). the loss, namoyo|, and destruction of these plant
communities on the project site would neither eliminate nor substantially diminish
the functions and Vo|Ues of the on-site drainages as a regional biological
resource.
kz\ The project would cause the direct mortality of some con101oO wildlife species
and the displacement of more mobile species to suitable habitat areas nearby.
These i0pacta, by themselves, would not be expected to reduce general wildlife
populations below self-sustaining levels within the region.
/h\ Since none of the threshold of significance criteria would be exoeeded, the
identified impact would be less than significant and no standard conditions and/or
mitigation measures are recommended orrequired.
5.5.2 The project will permanently impact approximately 2'125 linear
feet Of streambed., including approximately 0.20 acres of United States Army Corps of
Engineers (ACOB and Regional Water Ojurisdictional
waters and approximately 4.10 acres of California Department of Fish and Game
(CDFG) 'uhndichona|atneannbed and associated hpohmn habitat (Biological Resources
Impact 5-2).
The City Council hereby makes Findings (1) and (2).
23
Facts in Support -of Findin : The following facts are in support of these
findings:
/�) P '�ctfe|ated and cUrnU|atk/e biological [eeOU[oeo impacts are addressed in
Secti`-' Project-related
(Biological Roaou[oen) in the FBR and that analysis ig incorporated
hv' '[eferenceho[e\n.
/b\ -' Project implementation will PBsU|t in direct impacts to approximately 2.125 linear
` «of Gtr8a0bed. A total of approximately 0.20 acre of /�(�[)E/F9�'QC|B
feet of
waters of the United States 0�oUG\ and approximately 4.10 acres
jurisdictional[l��� jurisdictional et[eaOmbed and 'sGnoi|ed riparian habitat would be
~' ~ /
impacted bythe proposed development. No direct impacts to jurisdictional waters
are anticipated beyond the project boundariea.
(c) The project will require a nationwide Section 404 /[WA) permit from the ACOE.
a Section 401 (CVA) water quality certification from the FWQ[B, and g Section
1802 (~FGC) etns�mb�d alteration agreement from the CDFG. Impacts to
jurisdictional features will be subject to the regulations set forth by the AC[E
.
RWQCB,
andCOFG and will require mitigation or in the imposition of other
conditions for the identified impacts tojurisdictional waters.
k-\ In recognition of the presence of jurisdictional vatena,
a mitigation; measure
�(Mitigation KeooUpe 5-1`\ has been i
nc|uded in the FE|Fand
nd adooted or likely to
be adopted in the MRMP specifying that, uO|eoe a greater ratio is neqUirad bypermitting agencies: (1)the on-site mnd/orof-siten*p|moementofAC]E/RWCCB
jurisdictional waters and wetlands occur at a 2'1 ratio' (2) the on-site and/or off-
site replacement of CCFG jurisdictional atnaaObed and associated riparianhabit8toccu[~d~a 3'1 ratio; and (3) the incorporation of design features into the
proposed project's aiaOddeve{op0eDt.
Implementationofthat measure will
reduce identified impacts to below a level of significance.
5 5 3 Proposed di and grubbing activities will result in the removal
� ' '-,---- grading ~
ofO3 protected ordinanoe'eizetneea. mo|VdiOg 75 California black walnut, six willow, and
two coast |k/e ooh treee, which now exist on the project site (Biological Resources,
Impact 5-3).
The City Council hereby makes Finding. (1).
Facts in Support of. Finding: The following facts are presented in support of this finding:
impacts /�A Project -related and cumulative biological resources n0pg are addressed in
`-' Section 4.5 (Biological Resources) in the FBR and that gD8|yaig is incorporated
by reference heFeiD
(b\ -'tota| Of 75 California black V«�\DUt. six VViUOVV. and two Cn@Ot \\Ve oak trees VV\U
` ^ ~ be impacted by the proposed project. e Ct. Each of these species is protected trees
UDd8[ Chapter 22.38 Of the K8UOiC\pa| Code. AS required th8[8iO. the City may
require a tree
maintenance agreement prior to removal of any protected or
cO00eOCe0eOt Of :OOStrUch\oO activities that may adversely affect the health
and survival oftrees tobepreserved.
(C) The project is gUh'eCt to compliance with the p[OV
iSiOO Of Chapter 22.
3O (Tree
Preservation andProtection) of the Municipal }ode.
(d) Although none Of the threshold criteria would be exceeded, the Lead Agency has
identified Gnumber [fstandard COOd\[iOOSOf@pprOV@l(COOditiDDSOfApp[VVa|5-
2 through 5-4) requiring the preparation of an a rborist-pre pared tree study and
24
specified re:dacenoent requirements for qualifying trees and California walnut
woodlands,
' and promoting vegetation removal activities outside the nesting bird
season.
/�\ Since none of the threshold criteria mmU|d be eXceeded, the identified impact
` ' VVoU|d be less than significant and no additional standard conditions and/o[
mitigation measures are recommended orrequired
.
5'5'4 Construction activities initiated during the nesting season, typically
�from February 15 to August 15 of each year, could i nesting birds and
extending
i~ violation
federal Migratory Bird Treaty Act (Biological Resources Impact
Finding: The City Council hereby makes Finding (1)
Facts in Support of Finding: The following facts are presented in support of this finding:
bd Project -related and cumulative biological resources impacts are addressed in
`-' Section 4.5 (Biological Resources) in the FBR and that analysis is incorporated
bvreference herein.
`-' One sensitive bird species (Cooper's hawk) was observed within the project area
Dd three additionalspecies (white-tailed kite, sharp -shinned haxVk, and
study due shrike)' have the occur within the ----, area the
—~~�'of���o'|eh�b��t potential 'esanenoto[otectedbvfade[a|or
presence
State listings as threatened or endangered and since the loss of individuals
would not threaten the regional populations.
(�\ Based on the presence of suitable VagetEtiDO, the removal of vegetation during
` ' the breeding season (typically extending between February 15and August 15\
could constitute e potentially significant impact.
(d\ Disturbing or destroying active nests is a violation of the federal Migratory Bird
` ' Treaty Act and nests and eggs are protected under Section 35O3and 3513ofthe
California Fish and Game Code.
/�) Although none ofthe threshold cr�ehawould beexceeded, the Lead Agency has
` ' identified a standard condition of approval (Condition of Approval 5-4) promoting
vegetation removal activities outside the nesting bird season.
AD Since none of the threshold criteria would be exceeded, the identified impact
`�' VVoU|d be less than significant and no additional standard conditions and/or
mitigation nneaaunan are nsoononoonded or required.
55.5 Project implementation has the potential to impede existing wildlife
movement patterns across the project site (Biological Resources Impact 5-5).
The City Council hereby makes Finding (1).
'Facts in Support of The following facts are presented insupport ofthis :
/a) Project -related and cumulative biological. resources impacts are addressed in
`-' G0l4.5 (Biological Resources) in the FBR and that analysis is incorporated
bvreference herein.
(b) The project site is
located the north of the area identified by the Conservation
BiO|ogic8l Instituteas part,Ofthe "PUeDte-ChiDO Hills wildlife cO[hdOc,
'
(c) Although wildlife movement �X�� i the general project area, the project
25
site does not serve any connectivity or linkage role with regards to regional
wildlife movement.
k1) Since Done of the threshold of significance criteria would be exceeded, the
`-' identified impact would be less than significant and no standard conditions and/or
mitigation measures are recommended orrequired.
5'5'6 |fimproperly designed and maintained, the proposed on-site flood
structural and treatment control Boot Management Practices
~~''^'~' facilities——�-
(BK8Po) could potentially provide id a habitat for the propagation of mosquitoes and other
vectors (Biological Resources Impact 5-6).
The City Council hereby makes Finding M\.Facts in Support of FindinL'
Tha foU�Vvng f�ct� a[e in �u000� of this finding:
/u\ Project -related and �UOnU|mtcumulativebiological resources impacts are addressed in
`-' Son 4.5 (Biological Resources) in the FBR and that gOm|yeis is incorporated
bvreference herein.
(b) Urban etornvater
runoff regulations now mandate the construction and
maintenance of structural BK8PS r both th vo|ua reduction and pollution
O Ou
management. Those BK8Pocan create additional sources ofstanding water and
sources for mosquito propagation.
(c\ In the general project area, Vector control is performed by the Greater Los
`-' AngelesCounty —`cto[ Control District (GL/\C\/C[))' a County special district
funded byadVG|O[U0pn]pedvand benefit GeGeSsOOeDttaxes.
/d\ A|thoUQhOoDeoftheth[8sho|- chteh8would be exceeded, the Lead Agency has
` ' identified a standard condition of approval (Condition of Approval 5-5) requiring
that BMP devices shall be designed in consultation with the Greater Los Angeles
COUOtv \/BctO[ COOt[0| District and shall be Of a type which minimizes the
potential for vector (public nuisance) problems.
(e) Since none of th threshold criteria would be
eXceeded,
the identified impact
would be less than significant
and no additional standard conditions end/or
mitigation measures are recommended or required.
5.5.7 Implementation of the proposed project, in combinationwith other
reasonably foreseeable future projects, will contribute incrementally to the continuing
reduction in open space areas in the general project area and contribute to the general
decline in species diversity throughout the region (Biological Resources .Impact . ./.
The City Council hereby makes Finding (1).
Facts in Support of Finding: oo
The following facts iemr�preaan1�� neu,.ohofthis finding:
ai and cumulative biological resources impacts are in
Section r' Project-related5 (Biological Resources) in the FE|R and that analysis is incorporated
by reference herein.
-'
(b) Implementation of the proposed project and other reasonably foreseeable future
[Oi���S�iilCOOt[ibuteiDCFenOeOt@\lytOtheC0OtiOUiOgVrbaDiZ8�ODOftheFegi0D.
P
/n\ '^�~~'- 'contribute
xViU impact ' ppnUYiOl3t�\y 2 1 @C[eS of CaliforniaVYo|OUt
|D� proposed p/o]��� � ' .
pv woodland and 0.3 8C[8S Ofsouthern �Unw scrub habitat. . As reSU�. the project
will add incrementally to the regional loss of plant communities considered high -
for inventory under�eC}ND[)B.
(c) f\|ln0ug
priority �hC@|ifo[Oia VVa|OUtwoodlands and southern willow scrub are considered
- Fdgh-phorHvfor inventory under the (�ND[)B.these on-site hob�utoare nnergine\
its � ma| . ' because they are fragmented and not expec I ted to support sensitive
species. As a [eGUlt, the incremental reduction in these habitats VVoU|d not be
cumulatively significant.
/�\ Under Section 22.38.030 of the Municipal Code, protected trees, including
` ' "native oGk, vVa|Out, sycamore.and willow trees with a DBH [diameter at breast
height] Vfeight inches o[greater" shall be replaced Edanlininnurn �dioCf3:1.
Ul Since none of the threshold criteria would be exceeded, the identified impact` ' VVnU|d be less than significant and no standard conditions and/or mitigation
measures are recommended or required.
5.6 Traffic and Circulation
5.0.1 Construction vehicles will transport VVo[kerS, oOOotnJctkoD
materials, and construction debris along local and collector streets
and along
|ong o�eha|-highways within and adjacent to established residential areas and
othe['aengitive receptors (Traffic and Circulation Impact 6-1).
Finding: The City Council hereby makes Finding (1).
Facts in Support of Findinq: The following facts are presented in support of this finding: ,
�A P ~ 'ed-[e|mtad and oVOOU|at�e traffic and oiFcUk�ioD impacts are addressed in
`'` Section 4.6 (Traffic and Circulation) in the FBFl and that analysis is incorporated
by reference herein.
/b\ | and analysis ooDmarDiOg the existing traffic and circulation setting,`Information
including an assessment of project -related i[npao[n, is presented in "Traffic
Impact Analysis Report. VVVUSO Site D Mixed -Use Development, Diamond Bar,
California" /Linacot . Law &(�roeDopaO EOgiDee[s, April 23, 2009).
/c) Construction ' traffio, including vehicles associated with the transport of heavy
` '
equipment i [Dentand building to aOdfnJnith�site and construction
xVo[he[s commuting to and from vVorh' will increase traffic mJ|unnos along
Diamond Bar Boulevard and Brea Canyon Road and, because site access can
be obtained from Castle Rock Road and Pasado Drive, construction workers may
elect to park along and construction vehicles could.stage at those roadways.
/d\ Existing `' �O7\ daily traffic volumes along project area roadway segments
` ' include: 1\ Bm Canyon Road (north of Diamond Bar Boulevard) — 4.898
average daily tripe (ADT); (2) Brea Canyon Road (south of Diamond Bar
Boulevard) — 12'88OA[>[; (� ) Diamond Be[ B0u|oVend (north of (�herryda|a
D[|ve\-2'.512ADT; and, (4) !pea<�anyon(�utoff(mvaotofFaUoxvFia|d-Dionnond
Canyon) — 11'003 ADT. Since the projected '�ed 854 construction trips would be
substantially less than those existing capacity figures and vvoU|d primarily occur
during off-peak perioda, construction -related traffic would not adversely affect the
existing |eVe|o of service (L[>G) along those roadways.
/a\ Compliance with and enforcement of speed laws.and other provisions of the
California Vehicle Code (CVC) and the safe use and, operation ofvehicles by
' their drivers would be expected to heep public safety issues at o less -than -
significant level.
eaa-thon-
sigOUic8Ot|eVei �
(f) Although none of the threshold criteria would be exceeded,the Lead Agency has
27
identified mnumber ofstandard conditions ofapproval (Condition ofaO-
1 through R-4\ requiring the preparation of construction vvorhe[e' parking and
equipnOeOt- ` staging p\aO, construction traffic mitigation p|an, and traffic control
plan, and restricting construction -term access from and along Castle RockRoad
and PgeadoDrive.
(g) Since Done of the threshold criteria would be exceeded, the identified impact` ' vvoU|d be |eoo than significant and no additional standard conditions end/or
mitigation measures are recommended orrequired.
�h� '���forecast approximately 9,276 5�2 `"u�'°~'~~~�rr---'—'—~ ^
' ' trips dUhngthe AK� and 650 trips during the PM peak
=�x vehicle trips, including—-�� '
hours, and would increase traffic congestion on local and regional roadways (Traffic and.
Circulation Impact 6-2).
The City Council hereby makes Finding /1\.
Facts in Support of Finding: The following facts are presented in support of this finding:
�A Project -related and cumulative traffic and circulation impacts are addressed in
`-' '`«
Section
�^r4.O(Traffic and Circulation) in the FBR and that analysis is incorporated
hxreference herein.
(b) The project's traffioinpactmna|yoievoaconduotedinocoondaOceViththeCity's
"Guidelines for the Preparation of Traffic Impact Analysis Report" and, for each of
the 20 study area intersections, included an assessment ofthe following nine scenarios were examined: /1\ 2007 existing traffic conditions; (-)
2007 existing -
plus -project tra
XistiDg-
o|uo-p'^ecttrafficconditions; (3)
odiUcns;(3) 2007existing-plus-project traffic conditions, w
ith
Improvements; pf2D1O cumulative -base conditions (existing, ambient growth,
and related projects);(5) 2010 cumulative -base -plus project traffic conditions; US\
2010 o~nu|ative-b.s--p|us project conditions. with Improvements; (7) 2030
oU0U|~^''e'baee conditions /0xiinQ, ambient growth, and related projects); /8A
2030 cumulative -base -plus -project traffic coDddUoOa' /S\ 2030 cumulative -base -
plus -project traffic
UnV|etive-baoe-plUS_p'eCtt[affic conditions, with Improvements. [�q�iF�Dl�OtS the project's
(C\ In accordance with City traffic impact 8O8|y8|s \| � ,�4J ' .`o
` ' CDOSt[UctioO Of or payment of a "fair share" contribution tOVV@nd the construction.
coots of identified GFeaxxide street improvements serves to fully and effectively
reduce the project's trofficand circulation impacts to o less -than -significant level.
(c) Prior to i0r~�nl�ntation of �ny F��o[nmended traffic irnprovernente, on a
`-' cum U|atiVe--p ' �eotboseo. traffic associated with the proposed project vvi)\
'�-- —
significantly impact nine intersectionsinthe long-term (2030`) and contribute to
the adverse service levels at three additional intersections forecast to operate at
an unsatisfactory L(]Q in 2030. Those locations projected to operate at an
adverse service level in 2030 include:
~^ ~' (1\ Brea Canyon Road 0V\ at Pathfinder
Road; (2) Diamond Ba[ Boulevard at Pathfinder Road; (3) Brea Canyon Road at
Co|dSprings Lane; () Cold Springs Lane at Diamond Bar Boulevard; (5)
Pathfinder Road gtBrea Canyon Cutoff; (F) 8R-57 GB Ramps at Brea Canyon
Cutoff; (7) NB RampsmtGragCanyonCUtoff; (8) Brea Canyon Road at
Diamond Bar Boulevard; (S\ �he�ydo\eDrive at Diamond Bar Boulevard; (1O)
Brea Canyon Road at Silver Bullet Drive; (11) Diamond Bar Boulevard at Grand
7Co\inOoF�oodatBrea Cutoff.
k1.
Avenue; mnd(11
�--���—`N�iCh@[8 � �O 8t@poor �V�of service
`-/ `'"^~~^`'`~|intersections-t�df� Q}ndibOOS
(LOS) under 2030 oumu\at\ve-p|US'pngecz . @ number Of
mitigation measures (Mitigation Measures 6-1 and 6-2) have been included in the
FEIR and adopted or likely to be adopted in the MRMP identifying associated
street improvements and the proposed project's obligations -toward those
improvements and specifying that the final site plan shall include and
accommodate those traffic measures, improvements, and such other pertinent
factors and/or facilities as may be identified by the City Engineer for the purpose
of ensuring the safe- and efficient movement of 'project -related, - traffic.
Implementation of the recommended improvements and "fair -share" contribution
will reduce identified traffic. and circulation impacts to below a level of
significance.
5.6.3 Environmental Effect: The implementation of the proposed project, in combination with
other related projects, will collectively contribute to existing traffic congestion in the
general project area and exacerbate the need for localized areawide traffic
improvements (Traffic and Circulation Impact 6-3).
Findin.g: The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
(a) Project -related and cumulative traffic and circulation impacts are addressed in
Section 4.6 (Traffic and Circulation) in the FEIR and that analysis is incorporated
by reference herein. I
(b) Prior to implementation of any recommended traffic improvements, the following
twelve intersections are projected to operate at an adverse LOS in 2030: (1) Brea
Canyon Road (W) at Pathfinder Road; (2) Diamond Bar Boulevard at Pathfinder
Road; (3) Brea Canyon Road at Cold Springs Lane; (4) Cold Springs Lane at
Diamond Bar Boulevard; (5) Pathfinder Road at Brea Canyon Cutoff; (6) SR -57
SB Ramps at Brea Canyon Cutoff; (7) SR -57 N13 Ramps at Brea Canyon Cutoff;
(8) Brea Canyon Road at Diamond Bar Boulevard; (9) Cherrydale Drive at
Diamond Bar Boulevard; (10) Brea Canyon Road at Silver Bullet Drive; (11)
Diamond Bar Boulevard at Grand Avenue; (12) Colima Road at Brea Canyon
Cutoff.
(c) Since twelve intersections which are forecast to operate at a poor level of service
(LOS) under 2030 cumulative -plus -project traffic conditions, a number of
mitigation measures (Mitigation Measures 6-1 and 6-2) have been included in the
FEIR and adopted or likely to be adopted in the MRMP identifying associated
street improvements and the proposed project's obligations toward those
improvements and specifying that the final site plan shall include and
accommodate those traffic measures, improvements, and such other pertinent
factors and/or facilities as may be identified by the City Engineer for the purpose
of ensuring the safe and efficient movement of project -related traffic.
Implementation of the recommended improvements and "fair -share" contribution
will reduce identified traffic and circulation impacts to below a level of
significance.
5.7 Air Quality
5.7.1 Environmental Because the project involves a General Plan amendment and
zone change, it has the potential to be inconsistent with the applicable air quality
management plan (Air Quality Impact 7-1).
29
Finding: The City Council makes Finding M\
Fact in Su �ort of �Findi�n:
The following facts are presented hlsupport ofthis finding:
`-A Project -related and cumulative air quality impacts are addressed
in Section
4.7
(Air Quality) in the FE|R and that analysis is incorporated by reference herein.
` -A {EQA n3QViF�o that projects be consistent with the "Air Cua|Uv Management
Plan" ` —'P\ A consistency determination plays an essentialnobin local mgaOoyproject review by linking local planning and unique individual projects ecto to
the \}&P in the hJ||oxOQ ways: (1) itfulfills the CECA goal of fully informing
local agency decision -makers of the coots of the uOUa[
consideration at - stage early enough h}engu[�thgtgi[qUa\�«conce[Ooorefu\b addressed; and C-\itprovides the local agency with ongoing
information assuring
making | contributions to clean air goals
|o��| d�ci�i�n+n�k�[g that they �r� Ono Og r��
contained inthe /\C>MP.
(o\ Only new or amended general plan e|e0ente, specific p|eOe, and regionally
`-' significant p review. need to undergo a consistency r�Vi�. This is because the
AC>K8P strategy is based on projections from �local general plans. Projects that
are consistent with the local general plan are, therefore, considered consistent
with the air quality management plan.
(d\ /\s indicated in the ono|yoia presented in the FE|R, the proposed project is
` ' consistent with the goals of 2007 AQKAP and, in that respect, does not present o
significant air quality impact.
/�\ Since none of the threshold of significance criteria would be exceeded, the
` ' identified impact would beless than significant and no standard conditions and/or
mitigation measures are recommended orrequired.
5.7.2 The proposed project has the potential to expose sensitive
Finding:receptors to substantial pollutant concentrations (Air Quality Impact 7-4).
U makes
(1).
Facts in Support of Finding: The following facts are presented in support of this finding:
(o) Project -related andcumulative air quality impacts are addressed in Section
4.7
(Air Quality) in the FE|Rand that analysis is incorporated by reference herein.
"particulate
-�.n
(h) /| construction emissions concentrations for carbon monoxide (CO) nit
en
dioxide (JO`)' p�[U' |�ematter |eee than 10 microns (PKo\. and particulateOatterleg8thgn 2.5OicnJOS (P&2.5) are within their respective threshold V8|U8s
and are, therefore, less than
significant.
(c) Based on @ CO micro -scale hot -spot mO
oiysie. predicted CO values are below the e
State's '-oOd8-h-u[standards and any potential impact ioless than significant.
\n\ Mandatory adherence to the GCACM[rules would ensure that any construction
/ i air contaminants [T/\C\ associated with the
O[ �p�r8tiOO�� impact from tOX� @ ` '
opmrotionofth�p 'eotremaiOo|esethmneigni�caDL
(d` --
Although none of �-threshold critahavVou\dbeexceeded, the Lead Agency has
` / identified g stand-- condition Of approval (Condition of Approval 7-1) requiring
bnotified of the presence or potential
that future n��idaOt��| p�[ck�o�r� e
preeaOceofproximal commercial uses oOthe subject property.
/e\ Since none of the threshold of significance ^..`e[i8 VOUid
be exceeded, the
30
identified impact vVoU|d be kase than significant and DO additional standard
conditions and/or mitigation measures are recommended orrequired.
5.7.3 Environmental Effect: The proposed project has the potential to create objectionable.
odors (Air Quality impact 7-5).
- ��k\
The [�tvCOVOc� [D ----ea Finding , U,.
Facts in Supggq_g��: The following facts one presented in support of this finding:
/`a\ Project -related and ' ocumulative^x� air quality impacts are addressed in Section
4.7
(Air Quality) in the 'BR@nd that analysis
is incorporated by [nfaneDoe herein.
/b\ ProjectmJnetnucdoDVOukd involve the use ofheavy equipment creating exhaust
pollutants from on-site ea'movement and from equipment transporting
^ --''-\o to and from thesite. In addition, some odors would be produced from
tMe application of asphalt, paints, and coatings. With regards tonuisance odors,
any air quality impacts will be confined to e immediate vicinity of the odor
"~~'~~ and would be of short-term duration. Such brief exposure to nuisance odors constitutes gDadV�'rG� —but |ese-thaO-GigDUiCaOtair quality impact.
(c) Operational odors could be produced from on-site food preparation
and from
n
diesel -fueled vehicles operating onthe project site. These odors are common iO
the environment and subject tcompliance with 8CAQK[Rule 4O2(NU\sgnca).
/d\ Since none of the t~ --ho|— of significance criteria would be eXceeded, the
identified impact would less
than significant and nostandard conditions and/or
mitigation measures are recommended O[required. .
construction and C� the project vvU
5'7�4 contribute to the DofgreeDhoWeeg~-' proposed
been
linked h}climate change (Air Quality Impact 7-7).
The City Council hereby rO@keS Finding (1). '
Facts in Supp rt of Findi.nq: The following facts are presented in support of this finding:
(a-) Project -related and cumulative air qoa|hv impacts are addressed \nSection
4.7
(Air Quality) in the FE\l and that analysis is incorporated by reference herein.
K-z/ Atthis time, greenhouse gases (primarily ""not regulated as a criteria
pollutant'��Dt and there are no significance criteria forthese emissions.
The current
' MP does not set CEQA targets that can be used to determine any potential
threshold values.
/n\ Carbon dioxide (CO2) is the most common greenhouse gas. Construction
activities would consume fuel and result in the generation of GHG emissions.
Construction COuemissions were projected using the URBEKA|82007 computer
0oda|' In accordance with the projected
~U_RBEK\S'construction schedule,
approximately 1.347'095.44 pounds (673`55 tons) Of CO2 would be produced
over the approximate 2SQdays '�focbVeconatnudiDO'
(d) In the case of site operations, the majority o/ GnGenioeion
a.
and specifically
C}u' are due t� vehicle travel and energy consumption. Results of the
' j BEM|82OO7`nodeA indicate that, on exe[oge. 87`O80.G4pounds (43.53tons)
daily [31 31,779,323.60 pounds of�{�ovxou|d b� a yo about _- ./ 'o.��^. ` . . '
per year.
` 31
(e) In accordance with the currentAOMP. the emission levels in California are
estimated to be 473 million metric tons (521.4 million short tons) CO2 equivalent
for 2OOOand 532million metric tons (58O.4short tons) C[2 equivalent for 2O10.
Year 2009 (the worst-case scenario year that the erniaoioOa are based on) is
then extrapolated to 528.1 million metric tons (579.9 short tons). At
approximately 15.888.66 tons per year, the proposed project's operations
represent less than 0.003 percent of this State's annual CO2 emissions' budget.
Ul Since none of the threshold of significance criteria. would be e:ceeded, the
identified impact would be less than significant and no standard conditions and/or
mitigation measures are recommended orrequired.
5.8 Noise
5.8j Construction activities could result in a substantial temporary
increase in ambient noise levels in the project vicinity mboVe |eVe|e eXnUDg without the
project (Noise Impact 8-1).
Finding: The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
(o) Project -related and cumulative noise impacts are addressed in Section 4.8
(Noise) in the FBRand that analysis is incorporated by reference herein.
(b) Noise levels associated with construction activities would be higher than the
existing ambient noise |ave|e in the project area but would subside once
construction of the project is completed.
/c\ The most proximate residential structures include the existing single-family
homes located tothe immediate south and east ofthe project site. The nearest
of these homes could be on the order of 50 feet from on-site construction
activities. Atthat distance, the equivalent noise level /Laq\noise levels would be
projected to be an high as OSA-weighted decibel scale /dBA\.
/d\ Construction noise is regulated in the City under the p[OVi8iOOo of the K8UDioip8|
Code. The N1UDicip2| Code limits the hours of heavy equipment operations.
Notwithstanding those provisions, construction noise may continue to be a short-
term nuisance to proximal noise -sensitive receptors.
(8) In recognition of the presence of construction noise and the proximity of existing
residential naoeotona, m number of mitigation rnemeun*e (Mitigation Measures 84
through O'O\ have been included in the FE|R and adopted orlikely to be adopted
in the K8RK8P which are designed to reduce short-term noise impacts to the
[O8XiDlU[O extend feasible. |Dlpl8DleOt@tioO of the nBCODlnOeDded mitigation
nleeeUFes would reduce construction noise impacts to o less -than -significant
5.8.2 Project implementation may result in an exceedanoe of noise
standards established in the General Plan and/or Municipal Coda or applicable
standards formulated by other agencies (Noise Impact 8-2).
` The City Council hereby makes Finding M\.
Facts in Support of Finding: The following facts are presented in support of this finding:
32
�A Project -related and cumulative n�� impacts are addressed in Section 4.8
(Nois`-' �-� ' in the FBR and that analysisanalysisie incorporatedby reference herein.
�-- ' s�--�---nick��| (�ode
'sets �cuoa[�'level of 55dBJ�for mobile -source noise intrusion
on sensitive, '
`~/ ''-' nlU|�-��[Dik/| -d U��a. The General P|GO (Noise Element)Element)allowsallows�
�Xt�[ noise k�V�� �� �p to 85 dB/\ cO[�nnuD�«
hJr���Dd�iOD8Uy ���aotaU|� OV[Oo -,
�
noise equivalent level /' NEL\ for residential UgeS as long as the dwelling UD\t8
are fitted with forced air
` ventilation
'io� o[ air conditioning. 8aeUnOiDg the inclusion of
forced air ventilation, oo00encio| uses have an exterior goal of 65 dBA C|NEL
and aconditionally aoceotab|elevel of7OdBA(�NE�L
(c) Based on projected traffic volumes, the 65 dBA {}|�[�L along Diamond Ba[
` ' Boulevard would fall at m distance of about 130 feet from the centerline of the
road' The placement of any residential units within this distmOce.cou|d then
expose fUtVn� residents t� �X��aaive noise levels and result in a potentially
i�| structures that would lie between the
significant impact. Since �DVC0nO[n�nc ��U
residential units and Diamond Bar Boulevard could serve as an effective sound
xV@U if they were to shield the residents from a view of the road traffic, the 13O-
footdistance iaconsidered asconservative.
(d\ The 05 dBA (}yJEL deemed suitable for residential development, equipped with
` ' forced air ventilation, VVoU|d fall at a distance of about 830 feet from the freeway.
(e) The 70 dBA CYJE' Would fall at distances of about OO feet from the centerline of
Diamond Bar Boulevard.
Ul The Lead Agency has idenUfiad aetanderd condition of approval (Condition of
`�' Approval 8-1), as required under Title 24 standards, requiring forced air
ventilation in the proposed residential development, thus allowing site occupants
to leave windows closed and reducing interior levels bvinexcess of2OdBA.
(e) Based on the potential presence of significant noise impacts, a number of
mitigation measures (Mitigation Measures 8-7 and 8-8) have been included in thq
FE|l and adopted F likely to be adopted in the KRWP specifying that no
i hi O feet of - ��R 57 Freeway's nearest
residential units shall be located within 8� 5
travel lane unless additional sound attention is provided and no commercial units
ohmU be located within 80 feet of the centerline of Diamond Bar Boulevard.
Implementation of the recommended mitigation measures m/oU|d reduce
construction noise impacts toa|eao-then-gignificant level.
583 Project implementation may result in a substantial permanent
' ' noise levels in the project vicinity above |eVe|S existing without the
project (Noise |[npao[ 8-3).
The City Council hereby makes Finding (1).
Facts in Supp rt of Finding: The following facts are presented in support of this finding:
��� � 'actfe|8ted and cumulative noise impacts are addressed in Section 4.0
'`' Project-related
(Noise) in the FBR and that analysis is incorporated by reference herein.
0-' As traffic volumes in the general project . increaee, those areas |o
cated in
proximity tothe mnsa'a arterial highway system willexperience increased traffic
noise.
�
k� Th�|AindicGteethat the 'would . add S.270ADT bJthe ro network.
��— '~-- project
`-' Modeling indicates that increase along all access roads would not
exceed `' ~^— 0.7d �� noise innUnthbutkoOho ambient noise levels would,
33
k0 The dominant sources ofOo�ethrough the area are from traffic� � and traffic along Diamond Bar Boulevard. Noise attenuates with distance and
intervening objects and obstacles serve to further impede the transmittal of
sound energy. The structures associated with the proposed development would
serve as 8 partial sound vVaU reducing this noise at the existing residential
location. The introduction of intervening at[UctUFee could benefit adjacent
residents by further naduoiOQ line -of -sight propagation of mobile source noise
along adjoining roadways.
(e\ Since none of the threshold of significance criteria would be exceeded, the
' ' identified impact would beless than significant and nostandard conditions and/or
mitigation measures are recommended orrequired.
5.8.4 Short-term construction and operational noise
associated with the proposed project, in combination with other related projects, will
contribute to both alocalized and an aneaxxde increase in ambient noise kevah; in
proximity to those projects and along those roadways utilized by project -related traffic
(Noise Impact 8-4).
The City Cuun[j| makes Finding M\.
Facts in Support of Finding: The following facts are presented in support of this finding:
/a\ Project -related and cumulative noise impacts are addressed in Section 4.8
' ' /N �ye) in FBRaOdth��oD�b�i� is incorporated by reference herein.
' ' kz�a|iZ�d and limitedtn each related
/b\ Construction OVio8 impacts are generally
` ' project site and those areas p/u^'na| to those construction operations.
{}umu|abma construction noise impacts will be generally localized to each such
project and the roadway network along which construction traffic travels.
(c\ Aetraffic volumes in the general project area iOonaaoe over time, those areas
' ' located in proximity to the ansm'n arterial highway system will experience
increased traffic noise. Existing roadway VO|UrDes would, however, Deed to
double inorder toproduce operceptible noise increase.
(d\ Large-scale projects that contribute substantially to traffic volumes along the
` ' area's arterial highway system are subject to CE{]A compliance. Similarly, the
noise e|aR1aDt of each agency's general plan specifies those roadways that are
aWbie�� to excessive noise levels. As deemed appropriate, beyond those
requirements already imposed by each agency's noise ordinance, land -use
entities have the ability to impose additional mitigation measures and/or
conditions ofapproval oOeach project inordarton*ducepotentia|ohod-ermand
long-term traffic noise impacts.
�\ Since none of the threshold of significance criteria would be exceeded, the
` ' identified impact would be less than significant and no standard conditions and/or
mitigation measures are recommended or required.
5'9 Public Services and Facilities
5.9.1 During construction, heavy equipment, materials, and other items
of value will be brought to the project site. As buildings are ereuted, prior to site
occupancy, stnJCtUFeG may [enO@iO unsecured and susceptible to unauthorized entry.
'
The presence Of@Dunsecured site and items Ofvalue could result iOtheft . and vandalism
can
that could increase demands upon law enforcement agencies (Public Services Impact 9-
�).
_
Finding: The City Council hereby makes Finding (1).
The following facts are presented in support of this finding:
(o\ Project -related and ournu|atkxs public services and facilities impacts are
`-' addressed in Section 4.8 (Public Services and Facilities) in the FBR and that
analysis isincorporated b«reference herein. public i� authorized(b\ Since the projecteite is presently vacant and since no pU CUe�
` ' thereupon, ~ property presently p|@oeo little, if any, demand Upon existing
� �~
police protection services. An increased demand for police aan/ioe will occur
during the construction phases.
/o\ Provision of such eerV|oea would not require construction of any new
Los
Angeles County Sheriff's Department (LAGD) or California Highway Patrol
(}HP) facilities ~rnecessitate the physical alteration of any existing facilities.
(d) Although none ~`th�threshold criteria would be exceeded, the Lead Agency has identified onumber —f standard conditions(Conditions ofApproval Q-
1 �and 9-2\ [oqUihOg the preparation of construction security plan out
|iDing the
activities that will be instituted to secure the construction site from potential
~^ni~a| incidents and providing the L\CSO the opportunity to review and
comment Vp0nbuilding plans and the coOUgU[atioDofthe development.
(e) Since none of the
threshold of significance criteria would be oXCeeded, the
i ihCaOt and no additional standard
identified impact would be |�e� t��O significant
5.9.2 ----�equipment,.oimplementation will result iOthe introduction of
/m»e//a|o' and manpower into mCounty-designated �ne ha�anm onaa p/'o[hothe pro».ejo
of water system improvements designated to respond to on-site and near -site fire
hazards (Public Services Impact 8-2).
The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
/o-\ Project—related and cumulative public services and
facilities
are
addressed inSection 4.0 (Public Services and Facilities) in the FE|R and that
analysis iGincorporated bv reference herein.
(b) The proposed project must /u\.' comply with all applicable provisions of the
"Uniform Building Code" (UBC) and "Uniform Fin� U"(UFC), as modified, and
other applicable provisionsthe
"Los Angeles County Code" (County Code)
established to address fire protection and public safety.
/d The project is subject to compliance with the Los Angeles County Fire
Department's (LACFD) "Fuel Modification Plan Guidelines for Projects Located in
Fire Zone 4 or Very High Fire Hazard Severity Zone" requirements.
k0 AlthoughnoOecnzneuxeu//u"ucriteria ",""..~~ exceeded, _the - , Agency `-' ideaOU[nberofetaOdgrdcoOdiUons[f app[oVo|((�onditionsofApp[ova|8-
''='"° �� requiring the Los Angeles {�ou�v Fire D�p�[t0�O['s /LA{|�[}\
3thnoVgh 9- rGquOng � m ~ ` '
"/ ' -� --- �� ~
approval offire protection program and vo workplace standar de,for fire �~,~n
efu
e|
modification, landscape, and irrigation plan, afinal water improvement plans, and
associated building plans.
bA Since Dome of the threshold of significance criteria would be exceeded, the
` ' identified impact vVoU|d be |ase than significant and no additional standard
conditions and/or mitigation measures are recommended or required.
5.9.3 The public school located closest tothe project site ieCastle Rock
Elementary <�
5 Castle Rock oU8tnJcdoOactivities could constitute aD
attractive
nuisance to children located near or passing by the project site and
construction traffic could impose a safety hazard to children and/or become disruptive to
school activities and operations (Public Services Impact 9-3).
Finding: The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:.
(o) P '^ectfe|ated and cumulative public services and facilities impacts are
`— adnsgead in Section 4.9 (Public Services and Fgcj|Ujen) in the FBR and that
analysis is incorporated by reference herein. '
/b) Since no substantial increase in the number of new households within the
` ' general project area would be anticipated in order to accommodate the project's
coDstnJ(tio. no direct construction -related impacts on VVVUGO facilities have
been identified.
(d\ (�oOGtrU[tioDtraffic accessing the site froOl Cold Springs Road will cross Castle` ' F<Ook Road in the vicinity of Castle Rock Elementary School. Construction
vehicles will [roOapod equipment, building [neterig|a. and could discharge
construction debris along streets adjacent to established residential o[eao.
'
including the school, where children would bepresent.
/�) Construction activities may present an attractive nuisance, defined as any
` ' condition which is unsafe or unprotected and, thereby, dangerous to children and
which may reasonably be expected to. attract children to the property and risk
injury by playiOgVVith. in, or on it.
Al�' Although none ofthe threshold or�ahawould baexceeded, the Lead Agency has
` identified a number of standard conditions of approval (Conditions of Approval 6-
2, 0-3. 6-4. and 9-6\ restricting construction traffic along Castle Rock Road and
PaS@do Drive, requiring the preparation Of8construction traffic safety p|8O and @
traffic control plan, and requiring the fencing and signage ofthe construction site.
(g\ Since none of the threshold of SigO|fiC@Ooe criteria would be exceeded, the
` ' identified impact VVoU|d be |BSS than significant and no additional at8Od8nj
conditions and/or mitigation measures are recommended or required. .
5.9.4 Environmental E With a resident population of approximately 602 persons and.an
existing LACSD staffing [mbo of one sworn officer for each 1.082 residents, in order to
maintain� existing staffing levels, the L/\C8D VVOUld need an additional 0.01 sworn
deputies (Public Services Impact 0-4).
The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
' (a)Project-related and CUDlU|@tiVe public services and facilities inl000te are
addressed in Section 4.9 (Public Services and Facilities) in the FEIR and that
M.
analysis isincorporated bvr�f�[�nCeha[e�.
��' |Oa�d V�Ub�d�t�mQiD�d�Vor�nl� based on
(h\ Ac�W�|pOU��prot���nnpe[G�Dn� � .
`-' that department's experience with the project's residential and co[nn\en:i8|
cVDopoDeOta' aPeamida incident trends, and other factors, and not derived pVna|y
through @ projection ofthenurnbe[ufoD-oiteFesideDts.
`-) There is no formal basis to quantify �'ect-[a|@ted law enforcement iRpau[e. no
established nexus allowing for the collection of developer impact fees for police
r'~^~utioU services, and no direct linkage between approved development and
the purchase and new orthe replacement of
the expansion of police [�a�u[�a�. �
eXio1inQequip0OeUt'aDdthehiriOgofOevVsxVo[OgOdnoO-svVO[npenaonDe|.
(e\ Neither the LA[�G[}nor the C��Phave not established afunctional n0echanisnn�for
` ' the collection of L/\CS[) or CHP impact fees and there exists no formal basis to
quantify project -related impacts upon police protection services.
AD Bec@u-e~�funding for LAC@Dpersonnel, eqUipOleOt.and facilities iedehVedthrough
`�' ad valorurn and based on yearly allocations by the County, the County
has the
� ability
-toeffectively respond toLACGDresource demands.
(g) Although none ofthe threshold criteria would beexceeded, the Lead
eadAgency has
identified - standard condition of approval (Condition of Approval 9-2) specifying
that, prior tOthe issuance of building permits, the LACB[review and comment
upon building plans and the configuration of the development.
/h\ Since none of the threshold of significance criteria �U|d be exceeded, the
` ' identified impact would be less than significant and DV additional standard
conditions and/or mitigation measures are recommended orrequired.
5.9.5 Environmental _Effect: The introduction of 202 new residential dwellings and 153,985
square feet of new commercial use will increase existing demands on LACFD facilities,
equipment, and personnel, preclicating an incremental need for facility expansion, the
purchase of new and/or replacement equipment, and contributing to the need for
addition LACFD personnel (Public Services Impact 9-5).
The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
�
A P 'a���� a��mU|����ic���eand f��� are a~«Peeoad iOSection 4.8 (Public Services and Facilities) in the FBR and that
analysis iaincorporated byreference herein.
'b\ Water service to the project site will be provided by the Walnut Valley Water[
` ' District O\, via existingwater �ter mains. The LA��FD requires o minimum fire
f|ovvof�'--- gallons per minute (gprn)at2Opounds per square inch /pgi\for e
two-hour duration. EX|aU --ng VYato[ mains are capable of delivering those
rDiDirnurn flows tothe project site.
(u) With regards to commercial projects,
the L\CFD stipulates that the niOi0UDfire
f|ow and fire hydrant naquina0eDte shall be determined by the fire chief or fire
marshal.
(d) Although none ofthe threshold criteria would beexceeded, the Lead Agency hea
identified astandard
condition ofapproval (Condition ofApproval 8-5\specifying
that, prior to the issuance of building ponnita, the L/\CF[}review and approve
final water improvement plans and building pi@Oa.
/e\ Since none of the threshold of s'yDifio@Dne criteria would be ~'--_-od,
the
identified impact would
be less than significant and no additional standard
37
conditions and/or mitigation measures are recommended or required.
5 8 O Project implementation will increase enrollment within the Walnut' � D�~o bv�n�at[�a 31nexVstudents, indudinga no
approximately
Valley Unified"School'~--' -' (Grades �-G\ DevV junior high odloo| students
11 n�N�(ern�ntarVech�o!�t�d��oK5 eS����u|0_1�(pub|ic8�mjo�e|rnpactS-
/(�rades7�A.aOd12DeNhighachoo{stUdente(Gn3dee 2),
The City Council hereby makes Finding M\.
Facts in Supgort of Finding: The following facts are presented in support of this finding:
(a) r/"=^�'"'mted ~'~ --V|atkxe public services and facilities impacts are
addressed in Section 4.9 (Public Ge[vk:ae and Facilities) in the FOR and that
analysis ioincorporated b«reference herein.
Evergreen ElementaryElementary(b\ For the 2OO9-2O1Oschool year, (�osUElementary, ��oon
` ' Schools, and South Pointe Middle School have the available cap
acity to
accommodate 103' 117' and G2additional students, respectively. Although no-
available
oav8i|8b|e capacity has been identified at Diamond Ba[ High School (o shortfall of
OO students is projected), any excess pupil enrollment at that facility will be
temporarily housed in leased portable classrooms (in space made available by
reducing existing programs and in space reconstructed on existing sites) until
more permanent measures can betaken.
fa � u afi�osdi�n atudy, based on the
/n\ As indicated in the \8yVUGD's current a ].
`-'
application of the State -approved cohort survival method, it is estimated that
sent enrollment within the V\&/UGD will decrease from 15,485 Grade K-12
�*uuentminth�fa||ofthe2OO8chooiyear to15.414students iOthe 2011 school
=�uu
year. representing an increase of 75 Grade N -O students and a decrease of 79
Grade 7-12 atUdeOtsi | based on the application of the pupil per
unit multipliermethod,8|t�rnatVey.
�[ E�h��. i` is estimated that student 0DnO\\OOeOt will
inc[eaee�onn1548--Grade 12students iOthe f8Uofthe 2000school year to
- 155�S gtUd�n�s �n the 2O1O school year, representing an increase of 49 Grade
'
N-8students and aDincrease of5OGrade 7 -12 students.
(d\ The \NrVUGD'scurrent fee 'Uetd caionetudyconc|udadthetnoDnvvsohoo\oitea
` ' VVOu|d need to be @CqUi'-`d and OO new SChOV| 'facilities would need to be
constructed to accommodate projected Cted stV eDtpOpU|@tioD *projections through at
least 2023.
(e\ Payment of \Ky
applicable fees to �h� VUGD or, a|ternative\y, execution of on
` ' Assembly Bill A\B\ 2820 mitigation agreement acceptable to the \8yVUGD
constitutes
f- - U ` /D' complete mitigation �f project -related impacts on the,
provision of school facilities frOrntheproposed residential development.
0l Although none ofthe threshold criteria m/oV|dbeexceeded, the Lead Agency has
`�' identified Gstandard condition of approval (��DnditiOOofApproval 9-7)specifying
thatprior to the issuance Of building permits, the City be provided with 8
' certificate of compliance or documentation Ot@tinn demonstrating complied with the
District's School Board resolutions payment \ ti governing t�� � 8�8DtVfoChOOi impact fees
or has entered into on ' B 2926
authorized- school 'a mitigation agreement or is
not ouhiecttothe school i[npaotfee exaction.
subject
(g) Since none =f the
th^PDShO|d Of significance criteria would be eXo8ed8d, the
identified impact VOU|d be \eGS than significant and On additional standard
conditions and/or mitigation measures are recommended or required.
38
5.9.7 Project implementation will increase the resident population of the
City, including the numberofschool-age dli|d[en, incremental increasing existing spatial
and resource demands placed on the Diamond Ba[ Pubic Library (Public Services
Impact 9-7).
Finding: The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
(a) Project -related and cumulative public services and facilities impacts are
addressed in Section 4.9 UzUb|io Services and Facilities) in the FOR and that
analysis is incorporated b»reference herein.
(b) The 0gOlnOd Ba[ Library is 8'835 gross square feet in size and houses a
collection consisting of80'44Obooks and other library materials.
(c) The County Library's current service level guidelines for p|aDO|Og purposes are a
DQiOi0UDl of 0.50 gross square foot of library facility space per capita and 2.75
items (books and other library materials) per capita. Based on an estimated
service area population of 58.233 pe[sons, as derived from United States
Census data, the Diamond Ba[ Library would Deed a 28'115 square foot facility
and 154,640 items |norder tomeet that standard.
(d) The proposed project is projected to gdd about 662 new residents tothe City.
That population increase mmU|d onaute additional demand for library service and
vvVU|d further affect the County Library's ability to adequately serve the existing
and fUtUFo residents of the Diamond Bar Library's service area. Based on the
County Library's service level guidelines, based OO project -related demand, the
Diamond Ba[ Library xYoU|d require an additional 331 gross square feet of facility
space and an additional 1,820 new items (books and other library materials).
/e\ Since none of the threshold Of significance criteria would be exoneded, the
identified impact would beless than Gi nificantaDdnoetaDdandcoOditionoond/or
mitigation measures are recommended o[required. '
5.9.8 Project implementation will increase the resident population of the
City of Diamond Ba[ and generate a projected Deed for 2.12 acres (approximately
92,390 square feet) of additional parkland within the City (Public Services Impact 9-8).
Finding: The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
(a)Project-related and cumulative public services and facilities impacts one
addressed in Section 4.9 (Public Services and Fou|dUea) in the FBR and that
analysis is incorporated by reference herein.
(b) Section 21.32.040 (Park Land Dedications and Fees) in Chapter 21.32
(Subdivisions) of the Municipal Code provides for the dedication of real property
and/or the payment of in -lieu fees to the City for park and recreational purposes.
In accordance therewith, the proposed 202 dwelling units (assuming the
C|aGsifiC8[inD of thoseun'ts as multi -family dwellings) would generate 8 need for
2.12 acres (approximately 92,390 square feet) of additional parkland within the
39:
'
`-) As specified in Section 21.32.040(e)(2), only the payment of fees shall be
required in subdivisions of 50 parcels orless, except that when G condominium
p^'estock cooperative, or community mpa�nnentproject exceeda 50 dwelling
�"c� `�di�s�di�O of land may be required even though the number of actual
units, ~| be less ' than Although thaproposed development plan does not
p�[��� may
include a public recreational component, � ', t the is authorized to require [ea(
City
property dedication rather o�rinaddition tothe payment ofpark fees.
/d\ Although none ofthe threshold criteria would beexceeded, the Lead
Agency hao
identified a standard condition of approval (Condition of Approval 9-8) specifying
that, prior to the approval of the 5Oo! subdivision Oop' pursuant to Section
21 32 O4O (Park Land Dedications and Fees) in Chapter 21.32 (Subdivisions) of
the Municipal Code, in -lieu park fees shall b
paid to the City in the manner and
in the amount authorized thereunder.
/�\ Since none of the threshold of significance criteria would be exceeded, the
` ' identified impact VVoU|d be less than significant and no additional standard
conditions and/or mitigation measures are recommended orrequired.
5.9.9 The approval of other reasonably foreseeable future development
projects within the general project area will increase existing demands on the Los
Angeles County Sheriff's Department and on the Los Angeles County Fire Department,
increase the number of school -aged children served by the Walnut Valley Unified School
District, and increase the demand for park and recreational facilities within the City
(Public Services Impact 9-9).
The City Council hereby makes Finding (1).
Facts in Support offinding: The following facts are presented in support of this finding:
�A "�P 'act-�Aated and ourUUka�Ve public oe�c�e and facilities impacts are
`-' addressed in Section 4.9 (Public
Services and Facilities) in the FE\R and that
analysis iaincorporated b«reference hanein'
(b) Based on m 8tatewide, regional .areaw|de' or local assessment of need.
public
agencies hmV� the mbi|itvto construct new facilities, purchase new equipment,
og� ~ � �O t identified demand. and add personnel inresponse . Loca| agencies have the
ability to deny or condition individual development applications based on their
assessment ofpotential project -related impacts upon law enforcement and fire
protection mgeOciee, fao\Uti`^' and personnel. Public agencies have the ability to
respond to those changes through increases or decreases in annual budgetary
allocations provided to police and fire protection agenciee, including the LACG[>
and LACFD
' ' fee justification atUdy,
/n\ As indicated in the VVVUGDe currente ]U `
based on the
`-' application of the State -approved cohort survival ne1hod, it is estimated
that
student enrollment within the \8KUSD will decrease from 15.485 Grade K-12
students inthe -f8||0fths2008 sChOO|Ve8[to15.414StUdeOteiDthe 2011 oChOo|
year, representing an increase �a
of Grade K-0 students and o decrease of 79
Grade 7-12studeOtStive\y b��ed oD the application ofthe pupil per
dwelling\iOg unit 0U|tipl.8[ method,/+uerna . �thOc. it^ is estimated that student enrollmentwill
f[�15'48-5 Grade K-12 students in the fall of the 2008 school year to
ti
15.589 students iDthe 2O1Oschool year, representing an iOnFe8So of 49 Grade
;-0students and anincrease of5OGrade 7-12students.
WIIIIIIIIIIIIIII
(d) The WVUGD'ocurrent fee justification study concluded that nonew school aites
xVoU|d need to be acquired and no new school facilities VxoU|d need to be
--
constructed toaccommodate projected stUdgntpopudEdkzn projectionsthrough at
least 2023.
(e) All qualifying residential and non-residential development projects |ocatedwithiD
the \8yVUSD'e district boundaries are required to pay school impact fees.
Notwithstanding the findings of the \&VUG[>!o fee justification analysis, the
payment of applicable school impact fees or the execution of an AB 2926
mitigation agreement constitutes hJ|| and complete mitigation for project -related
impacts oU\8K/UGDfacilities.
Ul In November 2007' the area's Voters approved General Obligation Bond
K8eooUFe S ($O4.8million Academic Facilities Measure) and Measure ($15.2
million Physical Education Facilities Measure). As o result of those U@||ot
measures, VVVUGOschools will receive needed repairs and upgrades.
(g) Since DOOe of the threshold of significance criteria VVoV|d be e%oeeded, the
identified impact would be less than significant and no standard conditions and/or
mitigation measures are recommended o[required.
5.10 Utilities and Service Systems
5.101 \8/metaVVatar collection facilities do not presently exist on the
.project site and will not be available until the infrastructure improvements required to
accommodate the proposed land uoao are constructed (Utilities and San/ima Systems
Impact 10-1).
The City Council hereby makes Finding M\.
Facts in Support of Finding: The following facts are presented in support of this finding:
/a\ Project -related and cumulative utilities and eanvima avaterns impacts are
addressed in Section 4.10 (Ub|hjoe and Service Svetonna) in the FBRand that
analysis ioincorporated bvreference herein. .
(b) The provision of potable water and toilet facilities is required UDda[ United States
Depad0entofLabor (�ccUpationa|Ga�tyand Health AdDliniotnatioD({}SHA)(28
CFR
1928.51) and California Department of Industrial F{e|mtioDg. Division of
Industrial Safety /Ca|/OGHA\ (Section 1524-1526. CCR) standards.
(c) Since none of the threshold of significance criteria would be eXoaeded, the
identified impact would be less than significant and OO standard conditions or
mitigation measures are recommended o[required.
5.10.2The project's residential and commercial components are
p O
'ectgd to generate approximately 89.435 gallons of wastewater per day (0.08 mgd).
Applying @ peaking factor of2.7.the peaked flow rate would beabout 241.475gallons of
wastewater per day /O.25mQd\(Utilities and Service Systems Impact 1O-2).
The City Council hereby makes Finding (1).
Facts in Support of Finding: ' The following facts are presented insupport ofthis finding:
/o\ Project -related and cumulative utilities and service systems impacts are
add`-' ~�[eosed in Section 4.10 (Utilities and Service Svatanlo) in the FE|Rand that
analysis ioincorporated bvreference herein.
(b\ Th� (��Untv Sanitation Districts of Los Angeles County ({}GOLA(� or Districts) has
` ' ~ t �d generation rates a variety of ueae Thef��Ou|��odave[ag�xv�e�N �rQ� .
'�8DLA{p'-^e:t-e that for "condominium" unite. each
Unit will generate
approximately 195 gallons of wastewater per day /gpd\. Based on that
ueD--i-' rate, theproject's 202 dwelling units are projected to generate
approximately 39,390gpuCfVastewota[or0.04niUiongeUVnoperday(0gd).
]�~ i�"�h�p "shopping center" haabeen aeeunned The�
/n\ For |h� pU[p��� c� tn|� analysis, '
`-' CG[]LAC'gsewage generation rate for a "shopping center" ioestimated toba325
Qm|(ono/do»/1.00O SqU�[� feet m�\. Based on shopping center containing
' ' ' ��i
153985 gross leasable square feEt, an estimated 50,045 Qpd ` (O.O5 '
nOgd\ of
vVae''-xVate[ would be generated daily. When projected residential and
commercial wastewater estimates are combined, approximately 0S.435gpd(O.OS
mgd\ofxVaotmmate[xvou|dbegenerated daily.
/d\ P�o`dai|y�ovvroteoarehigherthandai|y[ateeandserveaothebaeiaforfaci|ity
` ' ''
planning. Applying apeaking factor of 2.7, the peak flow rate would be about
241'475gpd(`0
'
.25m-gd).
(e) The proje-t QeOa[a\|y g-
[aVity flows sewage toward the V
eot portion
of the
property. The wastewater flow originating from the proposed project will
di
^ectwilldi cnarge to s local oevu/ |i/e, vhi"h is n~^maintained b« the CGDL/C. fo�
OoetV he Districts No. 21 [)u�oUTrunk Gexver. located in Brea Canyon
conveyance to
This 18-iOchdimDOete[�unkeeVVe[has adesign capacity 0f
'`~~- at Via
and conveyed � peak flow of 4 8 OOgd when last measured in 2005.
1�� [O� � �
As-U[niO- that peak 'ow rates have not changed substantially since 2OO5. even
VVi- the proposed
cposed p 'eot's projected contribution (0.25 rngd), sufficient capacity
exists�' - iDthe '-` Districts No. 21 -utfaU Truck Sewer ` to readily accommodate the
p[0000eddeve|opment.
Ml
Although'
noneoftheth[eoho|dnritahaxvnu|dbeexoeeded.theLaadAoencyhaa
identified @ standard condition of approval (Condition of Approval 10-1)
or~~-i^y-DQ that, prior to the issuance of any grading permits, a sewer area study,
prepared by a licensed civil engineer registered in the State of California, be
~
G|~''' i^tedto aDdapproved bythe (�ityEngineer and the County.
(g) Since none of the threshold of significance criteria would be exoeeded,
the
identified impact would be |oso than
significant and no additional standard
conditions or mitigation measures are recommended or required.
Implementation Ofthe �Ponnned 'ed�gOd other related projects
51O3^
� ' on those sewage collection and dhapoao| facilities`'--- impose—-impacts(Utility and Service Systems |rnoect 10-3\
located in the general project area
The City Council hereby makes Finding M\.
Facts in Support of Finding: The following facts are presented in support of this finding:
(a)Project-related aOd Cunlu|ot�e ub|UjGm and � service e impacts are
addressed -in Section 4.10 (Ub|dUea and Service in the FBR and that
analysis is incorporated by reference herein.
`- level, |ocm|agencjeerequirep jootproponentatoasaeau
the impacts of proposed projects on existing sewer (b) �dth�project-specific ev�` .`�
`-'-- f8cj)iti as -needed
basis. Thoseanalyses are conducted to identify any site-specific or project -
specific improvement
'ed-opecifiC|0prnVenlenr that may berequired bJthe local and/or CBDL/\C'ssewer
systems that may be handle increased nexv@gefl�VVe-a�hbUteb|eto
each -'--p project. AS required, '| rdprojects '�s O1Ustconstruct any requisite local
wastewater improvements needed to handle their flows.
(c) CouLAC facilities"are sized and ^''r' -'—m--- phased to servepopulation
�
economic � �|opl entin — accord---�ancevv�h-forecasts �
doot8d hv|SCAG. Projects
that are consistent with 8CAG growth forecasts can be adequately served by
existing and planned CS[)LACfacilities.
(d) In order to hJDd planned improvements, each new project Vithin the County is
` ' required topay connection fees bJthe CGOL/\C. These fees are used tofinance
future expansions and upgrades to the nagi8Da| trunk sewer system and
wastewater treatment facilities.
/�\ Since none of the threshold criteria would be exceeded, the identified impact` ' would be less than significant and Dostandard conditions ormitigation measures
are recommended o[required.
5'11 Cultural Resources
511 1 Construction �diV� can result in the irretrievablek�eo or
� � cg|�a u�esthat0mye����inthe
area of proposed damage ' prehistoric, disturbance (Cultural Resources Impact 11-1\
Findin.g: The City Council hereby makes Finding (1).
Facts in Support of Findina: The following facts are presented in supportofthis finding'
`-A Project-related—and cumulative cultural resources |noocta are add
reaeed in
Section
1.11 (Cultural Resources) in the FE|Fland that analysis is incorporated
bvreference herein. '
(N @�analysis �O�0i� �e existing cultural resources setting,`-' Information^—�'
i~~u—''=of project -related i[Upmds` is presented in "Phase |
Culturaland Pa|�OD�n assessmentpn� Paleontological Resource Assessment of the Proposed Site O
-- Angeles County, California" (PCR ��m�ea Corporation,
D�v�|0p[D�Ot. Los ..�."-|�� V�-'. ` .
January 24.2OO~8\'.
/o\ No prehistoric archaeological eo|ogica\ FeeoU[cea have been previously naooPdod within
one mile of theproject site and no prehistoric resources were identified on the
ouhiectpro
pehvduriDgthe pedeetheneurvey.
(d\ Fl-`u|ta ofth�` ietoric aerial photograph and [opo
graphic [nap revievv revealed
` ' ~~~��trUCtU- ��H8-1\VV��oOc�\�cat�dVVithinthebnuOdoriesofthepr 'ectaite
that - (w
d
that was associated with the historic Diamond Bar Ranch Headquarters
Compound. The Compound included the residence of Frederick E. Lewis, who
owned and operated the Diamond Bar Ranch. There is e moderate potential for
the site to retain buried domestic or ranch maintenance
components such as
trash pits, privy holes, and sinOi|arfeatures.
(�\ F��gu|�� '' the pedestrian oUrVeV revealed the identification of a historical
` ' -'
archaeological site, consisting ofmore than 15 non-native eucalyptus trees and
'
concrete debris concentration likely associated with the former location of HS -1.
The significance of that site with respect to CE{lA is considered to be
undetermined,.
0 Based on the potential presence of significant cultural resources impacts, a
43
number of mitigation measures (K�hjga�oD Measures 11-1 through 11-3) have
been included in the FE�|R and � opted o[likely to be adopted in the K8FlMR
requiring that, prior to the issuance of o grading permit, a qualified archaeologist
be retained tomonitor all vegetation PeDloVa| and ground disturbance to mdeDth
of three feet within specified areas. if oU|tU[a| resources are identified during
monitoring ofthe ground disturbing octiVities, the archaeologist shall temporarily
divert or redirect grading or excavation activities in the vicinity of those resources
in order to make an evaluation 'of the find and determine appropriate treatment.
If human remains are encountered unexpectedly during construction excavation
and grading activities, Section 7050.5 of the Health and Safety Code (HSC)
requires that nofurther disturbance gho|| occur until the County Coroner has
made th/ DGce��8[VfindiDQ� G�t� Origin and disposition pursuant to Section -
5097.98 of the PRC. Implementation of those OeeSUFea will RdUC� identified
impacts to below a level of significance.
5112 Ground disturbance activities could result in impacts to on-site
paleontological resources ' including fossil remains, from the Puente. Formation (Cultural
Resources Impact 11-2).
Finding: The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
/�\ Project -related and cUnlu|atk�� cultural � u[ceS impacts are addressed i'
`-' '
Section 4.11 (Cultural Resources) in the FE|R|and that analysis is incorporated
by reference herein.
(b\ au|to of the paleontological resources records search re
v�a|�d that the study
` '
anao is underlain by the Puente Formation (also hnoxVO an th� Montereyy
Formation in the PegioD). which is @ fO0GtiOO kDOVO to contain diverse and well-
preserved marine vertebrate fossils.
The results of the pedestrian survey
confirmed the exposure ofthe Puente Formation oOthe project oiteidentifiedfour
fossil localities inbaokdirtpiles from geotechnical core sampling.
The project oite
is considered to behighly sensitive for paleontological resources.
/�\
Based on the potential presence of significant cultural resources impacts, a
` ' number of mitigation measures (Mitigation Measures 11-4 through 11'8) have
been included in the FE�|[� and �dnpted or likely to be adopted in the K8KK8P
requiring that, prior to the issuance of m grading permit, a qualified paleontologist
meeting the qualifications established by the Society of Vertebrate
Paleontologists be retained to develop and implement a paleontological
monitoring plan. A paleontological 0oDitV[. supervised by the paleontologist,
shall monitor all excavations in the Puente Formation or excavations anticipated
to extend into the Puente Formation. The paleontologist shall prepare a final
report on the monitoring. if fossils were ideOtified,
the report shall contain an
appropriate description of the fooai\e, treatment, and curadioD. A copy of the
report shaUbe5|edvV�hUl�<�itx�DdtheNetura|HiatoryK8Uoeunnof[oe/\ngn\ed
shall ' r���d f�oeUe implementation of those
County and ahg|| accompany any. cU .
. measureswill reduce identified impmctotobe|owm|eve|ofeigOifioonce.
5.11 ^ ' ` Gradingg conducted on other sites located within the
'~
Environmental 'general project area 000� [�e�K in inoeot-o to any historic or prehistoric resources that
may be located thereupon. In addition, earth -moving activities conducted on other
44
undisturbed sites containing the Puente Formation could result in the loss of recoverable
rale�[�|ogioa|r�nu���U��|��U��|mpa�11-�.
-
The City Council hereby makes Finding (1).
Facts in Support of Finding: Thef@ctG@[e in softhis �OdiOg:
�
/a\ Project -related and ~nmu\mt�a cultural u�resources impacts are addressed in
`� Section 4.11 (Cultural-ResoUrces)iDtheFBRand that analysis ieincorporated
bxreference herein.
(b\ -'| cumulative project activities remain subject to site-specific environmental review
~''
` ' - d must fully conform to and comply with all applicable |nca|. State, and federal
requirements. Compliance (�onlcdiance xxith those requirements will ensure that all related
project -specific and cumulativeimpacts upon prehistoric, historic,
and
paleontological resources are mitigated to a less -than -significance level.
of threshold �h h |d �rit�[i� x��U|d b� ��c��d8d the identified impact
/c\ GiO�� DoD� .
` ' vVoU|d be |eSy than significant and DD standard conditions or mitigation rDeoeuFee
are recommended orrequired.
5.12 Aesthetics
5.12] Excluding those areas that will be retained as open apace the
project site will take on a distinctively urban physiographic character as existing
vegetation is removed, construction equipment introduced onto the site, hillside areas
recontoured, new uses are introduced, and other physical modifications occur (Aesthetic
Impact 12-1).
The City Council hereby makes Finding M\.
Facts in Support of Finding: The following facts are presented in support of this finding:
�� P 'act�o|ated and cumulative aesthetics impacts are addressed in Section 4.12
`-' '� �� in FOR and analysis is iO�r��� � ���D� herein. ,
v^~~~'~~--' - i �� M1 mass -graded "super pada
(b\ The proposed development will uo//s"� .�~ '.'~~~� ..
`-' ind�i�one p����mmeN� Dm�����1ODS��\aOU
two proposed residential pads (ranging �r� ing in anam�about 4.O2to 0.05 oonae).
The pads vxi||badevelopedby 'balanced cut and �Ugrading. (�Utewill rangahnnO
less than five feet toabout 40 feet high. FFillslopes vxi(| range in height from o few feet to approximately down-slope OO feet d |ope fromthe upper residential pad to
Diamond Bar Boulevard.
/c\ City policies encourage the Use of contour grading and landform grading
`-' techDiqVeG in order to create more naturalized engineered slope areas.
Proposed grading activities seek to apply these contour grading principals to the
proposed engineered slope areas, creating, where practical, curvilinear features
'
that produce a ViaUal transition betweenengiOee[ed and natural open space
areas. i duration, it serves as pnaounaore to the
(d\
Althoughconstructionj short-term n u |�n
`
development, construction activities may appear disharmonious wit --h -
he current
nna� �� the end of the
pe[Cen�OO of �XS�Og �S an open-space�
,- ^ ' ' -
/ DStnJCtiOO te[O, the site will take on a distinctively U[b�OCh8�@[te[and shall
,
� 45
-
generally be perceived as an urban
`-' Based on the City's interpretation and general application of the visual resource
assessment methodologyou�ined in the Bureau of Land Management's \oum/
"Visual Resource Management Program" , (BLK8 . ' 188O\ . construction -induced
changes would beconsidered adverse but less than significant.
0l Since Done of the threshold of significance criteria would be exceeded` the
`�' identified impact xVoU|d be less than significant and no project conditions or
mitigation measures are recommended orrequired.
5 122 The project's implementation VVi|| alter the site's existing
topography and ' � p necessitate the
construction of DU[DeroUa retaining vVo\\e (Aesthetic
Impact)
The City Council hereby makes Finding (1).
Facts in Supp)rt of Finding: The following facts are presented in support of this finding:
(-' Project—related and cumulative aestheticsimpacts are addressed in Section 4
.12
(Aesthetics) in the FE|R and that analysis is incorporated by reference herein.
/h\ ""''a"\e height Loffe| /Lofe|stain\ retaining walls, ranging from eeVe[g| fast to
about 23feet high, are pPoposod near the mid -slope of the 2.1 fill slopes between each of the super pads. Although the proposed retaining walls exceeds the
height limitations specified iDzeczioe 22.20.040. 22.22.080/b\ -(d. and
22.52.020 of the Municipal Code, the proposed walls would be authorized under
the provisions of~�the proposed specific p|oD.
(c) Large retaining walls, absent integrated landscaping and irrigation, can become
dominant visual elements that ppoduoeasharp contrast between retained natural
features and introduced culturalmodifications. All walls over eight feet inheight
are QibvaUs de-'"ned- incorporate landscaping as an integral design element.
/d\ �Although none Cfthe threshold criteria would beexceeded, the Lead
Agency has
identified a St8Od@Pd condition of gppPOV@} (Condition of Approval 13_1\
specifying that the opecifio pian include design detmi|o, a0000bab}� to both the
City Engineer and to the {oO—OUOhv Development Director,
for all
proposed
retaining xaUo' Retaining wall plans shall include |@DdaC�p�a.diOigGti0Ddet@i|G
sufficient toaneuPethateach ofthose ='^. ~~~rr-,ha�e. integrated
into xa|| design and that the interrelationship betweenthose elements are
considered from structural integrity and aesthetic into.
`-) Since none of the threshold of significance criteria would be eXcaeded,
the
identified impact VvoU|d be |eeG than significant and no additional standard
conditions and/or mitigation measures are recommended or required.
` �i��dUdjDOnfOew�s�e[���dC000e[��W�nmN\�d
5'1�'3 ///�f artificial lighting to the project site and ouu|' result in light trespass
extending new sources -beyond Uhe projectboundaries (Aesthetic Impact 12-3\.
The City Council hereby [O8hes Finding (1).
Facts in Support of Findin : The following facts are presented iOsupport Ofthis finding:
- `-J Project -related and cumulative aesthetics impacts are addressed \OSection
4
.12
v`=s~'cn\iDtheFBRand that analysis is iOco[porgtedbvreference herein.
`-' The Illuminating EOQineadng Society of North America `UE=
has established
recommended outdoor |i lighting illumination ikzh�Dgthat conform tothose
- produce less -than -significant .
(n\ A8 d��D�d by �E�[�NAand the |DteOl8tiOO8| D [ksAssociation (IDA), 8
-' -' - - ----- -- - —' i��- d d8rd i� t�
` standard 8���G that @D appropriate GlGO
xVid�|yU��d|iQhttFe�p8e�8p / "".. .~ ^.
limit the exterior lighting originating on G property to a maximum ofO
0.5
foot candles (HFC)@tadistance of25feet beyond the property lines. (d\ of significant Dt ��ethatic impacts, a mitigationigamitigationBe��d On the potential pr�a�D�e �o .
` ' measure /K0itigotiVnK8eaaure12-1\havebeen included iDthe FBRand adopted
n[likely t~ `be@doot�dintheK8FlK8' requihn0that po|e-n0oVntedo[xVo(|-mouOted
luminaires installed `— for the purpose of illuminating commercial areas. pmrhinQ lots, roadways, and dhV�N�y�. conform to appropriate lighting standards and
nd
demonstrate that light trespass not �X�e�o 0.5 HFC, as measured atthe project
'
boundaries abutting any existing residential use. Implementation ofthat measure
will reduce identified impacts tobelow alevel ofsignificance.
K8udl of the San Gabriel i� already highly urbanized and
5124 Valley^�---' ,
' � --- -�r�a�t�k��ngPe@te[V�Ua\signihconcaeeareep�eto
-- area's remainingopen-space
the dominance of urban development (Aesthetic 1�-4)
� ,-- _ ,.
The City Council hereby makes Finding (1).
Facts in Support of Finding: The following facts are presented in support of this finding:
(e) Project -related and cumulative aesthetics impacts are addressed in Section 4.12 "
(Aesthetics) in the FEIR and that analysis is incorporated by reference herein.
(b\ The Qty and other rnumuuvwithin /u�="=within"^..~ County formulate _-' long-range
`-' o|�OOiOg documents intent of directing development and redevelopment
'� �� conducive b�eed�nmvmhetvofp\ann|ng
actiViti�etoth�a�8ra�emo �o . -,
considerations. Separate formal planning and environmental naviaxx processes
exist when adeve|op[nent pn]poog| seeks to modify those adopted long-range
k� plans.|�pnO�nt i� authorized � occur in the absence of compliance with No "�"~
adopted agency p�Oe p
| and and in the absence of appropriate�environmental review Compliancenca with and conformity to adopted plans and
policies ''a|pato Dliti'g- Compliancet�the potential cUnlU|adiVg impacts produced by the visual
associated with future development and
changes to existing landscapes ano0
ifi f
redevelopment activities. While the 1U[tha[ intensification on o the region may
constitute anadverse impact, the incremental and inevitable changes resulting
from those activities would not be deemed a significant cumulative imppct on the
region's existing visual resources.
`-) Since none Of the threshold of significance criteria would be exceeded,
^^eded.
the
identified impact would be less than significant and no standard -conditions and/or
mitigation OlaaeU[es are recommended or required.
,13` Growth Inducement
'
5131 Because the projectinu|udes both an amendment to the "City of
Diamond Bar General Plan" and the adoption of a specific plan, the project may result in
�
� 47
on-site d8Va|op[neFd activities that exceed current development mgaUrnob0ls and
maneaaitmta the provision of uOo|GOOed services and facilities beyond the project
boundaries (Growth Inducement Impact 13-1).
The City Council hereby makes Finding U\.
Facts in Support of Finding: The following facts are presented in support of this finding:
(o\ Project -related and cumulative growth -inducing impacts are addressed in Section`-' 4.13 r ��KGnowth Inducement) in theFBR and that onmkmie is incorporated by
reference herein.
0d California State |axvrequires that every c�vand o0Untv prepare and adopt long-
term,
te0O comprehensive general p|mOfV[�e' future development. The general plan
serves as a "constitution for development" and the foundation upon which all
land -use decisions iOa[jtYorcounty are tobebased.
(c\ implementation Of the proposed' project willwillchange existing land -use policies
`-' with regards Lothe allowable use of the project aite. resulting in an intensification
of ~~~~ within the City beyond that now envisioned in the City General Plan.
Since planning for public services is, in whole or in part, based on existing and
projected demands for those services, changes in public land -use policies have
the potential toimpose additional unplanned
danngnde upon those services and
facilities.
/�\ A�"' �nU�the site is designated for public facilities, the public facility provider
` ' which�h
~`Da the majority Of the project site has declared the property to be
surplus and not required for public facility Use. As such, although project
implementation will result in a modification to existing land -use policies, the
necessitate eprovision ofunplanned services
and facilities beyond the project boUOdohea.
(�) 8iOC9 ROO8 Of the threshold of significance criteria would be exceeded, the
` ' identified impact would be less than significant and no standard conditions and/or
mitigation
5.13.2 Environmental Effect: (Growth Inducement Impact 13-7\
The City Council hereby makes Finding M\.
Facts in Support of Findi : The following facts are presented insupport ofthis finding:
(�\ Project-relatedaDdcUnnu|aUwegrVvth�OdUciDginOpa[taaregddreuoed\DGent|on
` ' 4.13 r(G[Vwth |OduCg[DeDt) in the MR and that analysis is iDCO[p0[@t8d by
reference herein.
(h) The Do^~~nWCtiOn
of 202 dwelling units and the introduction Of 153,985 nqU@F8
feet ofcommercial use will iRCPeGS8 the City's population by an estimated 662
individuals and directly create enestimated 482new permanent jobs.
The size and duration ofthe proposed project e Ct iS not sufficient to predicate any
(n\
`-' substantial in -migration of new workers into the g8O8[G| project area. The
project's incremental contribution to localized, FeQiOD81` and national employment
opportunities would not create SUbetgDti8| significant secondary impacts.
48
(d) Project implementation will, therefore, not result in the removal of economic,
physical, and/or political constraints affecting either the project site or other near -
site properties.
(e) With the exception of off-site traffic improvements, the project does not include
the expansion of any infrastructure systems that would accommodate additional
off-site development. The traffic improvements identified as mitigation measures
herein serve to accommodate the proposed project, ambient growth, and other
related projects.
(f) Since none of the threshold of significance criteria would 'be exceeded, the
identified impact would be less than significant and no standard conditions and/or
mitigation measures are recommended or required.
6.0 FINDINGS REGARDING MITIGATION REPORTING AND MONITORING PROGRAM
The City Council has adopted or will likely adopt the MRMP set forth in the FEIR. The City
Council hereby finds that the MRMP meets the requirements of Section 21081.6 of CEQA and
Sections 15097 and 15126.4 of the State CEQA Guidelines.
7.0 FINDINGS REGARDING PROJECT ALTERNATIVES NOT SELECTED FOR
IMPLEMENTATION
The City Council recognizes that the SDSP will result in significant unavoidable environmental
impacts that cannot be feasibly reduced to below a level of significance. The City Council finds
that: (1) due to specified economic legal, social, technological, and other considerations, each
of the project alternatives examined - in the FEIR are infeasible; (2) each of the project
alternatives examined in the FEIR will not fulfill the identified project's stated objectives; and/or
(3) each of the project alternatives examined in the FEIR will not feasibly result in the avoidance
of any of the unmitigable significant or potentially significant environmental impacts associated
with the proposed project.
7.1 Alternative No. I ("No Project" Alternative)
Alternative.. Proiect Description: Under this alternative no physical changes to the project
site would occur, the property would be remain in its present condition, and no new
development activities or other public improvements would occur thereupon. No grading
or other landform modifications would occur. Maintenance activities, including weed
abatement, would routinely be performed and the existing level of use would continue
generally in the manner now experienced. In keeping with the general intent of this
alternative, one possible variation would involve the use of a sufficient portion of the City
Property to allow for the development of street improvements to the Brea Canyon
Road/Diamond Bar Boulevard intersection.
Comparison of the Effects of the Alternative to the Effects of the Proposed Project: The
City Council finds that the "No Project' alternative" is "environmentally superior" to the
proposed project since it would, at least in the short term, result in the avoidance of
those significant construction, operational, and cumulative air quality impacts associated
with the proposed project.
Facts in Support of Finding: The following facts are presented in support of this finding:
EM
(u) The City's mOok'y\o of project alternatives is presented inSection 6.0
(Alternatives A.o|yoinJ in the FE|R and that analysis is incorporated by reference
(b\ he[ahl'----this alternative, no new housing units and no new mm a| square
` '
footage would be constructed on the project site.
(n) The "no project" alternative generally reflects the conditions and associated
environmental impacts that would predictably occur should the Load Aoenoy.
elect to either deny the proposedproject 'ect orfai| to take affirmative action on the
the short-term retention of the site i»
proposed opp|icgtioO, resulting in, at least, � ��V�|op0eDt application or the
its existing condition. The denial of the current( d the submission of
cessation of oU[nsOt process would, however, neither preclude �
a subsequent development application either bythe current project proponento[
another party nor ensure the site's retention as an open space area.
(d) With ^regards to construction air i0pmcte, under the proposed
'p
[ojeo
t`
combined emissions or reactive organic gases ,R__\ were estimated at 136.02
pounds/day. EAn��#l�dVekJe e����doth� G�\�W[.o recommended threshold
criteria, construction impacts would be deemed to be significant. Since, under
the "no project" alternative, Oodevelopment would occur oDthe site, construction
emissions VVU|d be eliminated and short-term air quality impacts would be
reduced
toG\ege-thaD-gigUdUcantlevel.
(e) With regards to operational air quality
inpacts, the proposed project is projected otad
to create F[G' oxides of nitrogen ({x), and carbon dioxide (CO) emissions in
excess of SCn~AD's suggested daily threshold criteria. 8\nca, under the 'no
project" alternative, OO development VOU\d occurOOthe project site, operational
emissions would be eliminated and long-term air quality \Op3CtS VOU|o be
reduced to8|eoo-than-eigDificaOtlevel. �� i d end�ntoftheL�adAgency'�
WithWithU5 h regards to cumulative air quality impacts, n ep�
actions
concerning the project site, related project activities will
continue to
incrementally contribute to '~gioOG\ 2\[ emissions within the SCAB. HOVeV8[,
since site-specific C�Ot�bUtiOO�V\U not add tDthose conditions, CUOU|@t\V8 @i[
qualitydeemed less ethmn significant.
inopa�owould .
Effectiveness in Meeting. Proiect Obiectiv : The City COUOcU finds that the "N0 Project"
alternative would not substantially meet the stated project objectives.
Although asubstantial portion of the project site iscwned by the District, the
District has declared theDistrict '~redv surplus and seeks to dispose of their real
property holdings in order to raise funds forother eligible expenditures. As stipulated in
theWOU between the City and the District, upon the app[OVa|Ofthe GpeCi�Cplan for the
development Of Site D (if such @pp[OVa| were to OccUh'` the"District a
g[ees to use
e ita
best efforts to sell the School Property aeentitled bythe City for the fair market value, in
8CcOnjanC8 with the provisions of California Education {ode commencing with Section.
17455. City agrees to Use its best efforts to sell the City Property for the f8\[ market
V8lUe' The parties agree toCOOPerGtiVe\Vwork with each other to C0O[d\DGte the sale of
Site D." In the absence Of public and/or phV8t8 purchase of the project site for the
C� iSOot�eDs�[� �h�0O
pU[pnGeOfnpeOspacepF���n/a��O.the[eex�otononn� �n \� long-term
that
preservation of the project site in @O UO��V�|�p�d condition. /\G 8 [�5Ut. absent
7,2 Alternative No. 2 ("Public Facilities"
�� "Public
Th District P is presently �
dee
Facilities (PF)" in the General Plan. Although there exists no corresponding zoning
designation which relates exclusively to public facilities, this alternative is predicated
upon the geog - raphic expansion of that General Plan designation across the entire
project site and the development of the property in accordance with the declared intent
of that General Plan designation. For the purpose of this alternatives analysis, under
this alternative, it is assumed that the estimated developable area of the project site
(20.2 acres) is developed at a floor -area -ratio of 0.25. Under this alternative, a total of
220,000'square feet of public facilities use would be developed on the project site. For
the purpose of CEQA compliance, the FEIR assumed the sale of the project site to a
private entity, such as a religious organization or operator of a parochial school.
Under this alternative, the project site would be developed to include a 73,000 square
foot (500 -student) private school and a 147,000 square foot (2,500 -seat) church. A
fellowship area would be developed within the sanctuary building which would be made
available for public use as a banquet facility. Improvements would include a parochial
school campus, including classrooms-, library, and approximately 12,000 square foot
(1,000 -seat capacity) multi -Purpose auditorium, outdoor recreational facilities, offices
and administrative facilities, maintenance area, and caretaker's residence. The
gymnasium would serve the private school and be available for the community for use
after school hours, including after school programs administered by the Boys and Girls
Club or similar organization. In addition, oncer operational, other on-site activities are
assumed to include non-residential child-care services, family -care services, activities
and uses catering to youth groups, music and drama ministries, counseling, prayer
meetings, bible study, nutrition programs, homeless outreach and assistance programs,
and other associated educational, job training, and community services activities. The
campus would also contain 6,000 square feet of retail uses (book store).
The
Comparison of the Effects of the Alternative t L_
City Council finds that the ruu/"^ Facilities"=alternativementally superior" to
the proposed project since it would result in the avoidance or substantial reduction Of
those significant operational air quality impacts associated with the proposed project.
Facts in Supp rt of Findings: The following facts are presented klsupport ufthis finding:
`-A The City's analysis of project alternatives is presented in Section 0.O
(Alternatives Analysis) in thBR
and that aD@|yoie is incorporated by reference
herein.
(b) . ' implementation of this alternative will result' in the QgOe[mtVn of approximately
2'4/8 daily vehicle trips dUhD� atypical weekday, including 330 AKpeak-hour
�� In �mp�son. the proposed project im forecast bl generate approximately
9.27 daily two-way vehicle trips, including 272trips during the weekday ANand
650 trips during the pK0peak hours.
(c) Based on the nature of this alternative, trip generation characteristics
would
differ
between weekdays and on Sunday. Based on the Sunday operation, this
alternative would ge 'De[@te approximately 5`508 daily (Sunday) vehicle trips,
including 1'412 \Kpeak-hour trips. In comparison, the proposed project is
forecast togenerate approximately 9.270 daily two-way vehicle trips, including
272trips during the weekday AN1and 85Otrips during the PKApeak hours.
51
=".
/d\ With regards no cu/�uu�v"q.~..y —,-_s, under the proposed project,
GJ this
combined emissions or ROG were estimated at 136.02 pounds/day.
value exceeds the SCAQMD's recommended threshold criteria, construction
impacts would be deemed to be significant. Although, under this alternative, on-
site development activities may be reduced (220,000 square feet of public facility
use as compared to 153,985 square feet of neighborhood -serving commercial
use and 202 dwelling units), maximum daily construction activities would be
anticipated to be similar. As a result, construction air quality impacts would be
assumed to be similar to those associated with the proposed project and would
remain significant. (e) With regards to operational air quality^^impacts,^-the proposed isprojected
to create RCG' N]X' and CO eOisdonsinexcess ofthe SC\Q8D suggested daily threshold criteria. implementation of this alternative would result in the
generation of approximately 2'4/8 daily vehiclethpe during atvpioa\ weekday (comparedaFed to 9`-278 daily two-way vehicle trips associatedvnh
the proposed
project), including 338/Mpeak-hour trips (compared tO05OzWpeak-hour trips
associated with the proposed png'enU`' As m FeoV|t. underthis alternative, mobile
eemissions would be substantially reduced. For the purpose of this
alternatives ana\yaig, it is assumed that operational air quality impacts would be
reduced to a|eas-than-GignUioaOtlevel.
Ul With regards to ounu|mt|V8 air quality impacts, related project activities, in
combination with this alternative's construction and operation, would
t contribute to regional air emissions within the SCAB. Under the
incrementally
GCAQy@D's recommended methodology, development activities that generate
significant air quality impacts are also assumed to generate eignif\capi
cumulative air quality impacts.
Effectivene in Meeting Proiect. Objecti : The City Council finds that the "Public
Facilities" alternative would not substantially meet the stated project objectives t6
facilitate residential development on a minimum of 50 percent of the usable acreage,
and commercial development on 50 percent of the usable acreage. Moreover, insofar
as public facilities are owned and run by tax exempt entities, development pursuant to
the "Public Facilities" alternatives would not only fail to provide a desirable level of sales
tax revenue, but may also cause the property to be removed from the property tax rolls.
Excluding economic considerations which were not a�d[�eS�d \Othe FE|�
`
the City Council finds that the "Public Facilities" alternative is feasible.
7'3 Alternative No. 3 ("C#mm0munitvCommercial" Alternative)
Under this alternative, the project site would be
developed for commercial use in accordance with the "Community Commercial (C-2)"
standards outlined in Chapter 22.10 (Commercial/industrial Zoning Districts) of the
Municipal Code. As specified in Section 22.10.020 (Purpose of Commercial/Industrial
Zoning Districts) therein, the C-2 zoning district is applied to areas appropriate for a wide
range of retail shopping and service uses, primarily intended to serve the needs of City
residents. The allowable floor -area -ratio (FAR) for non-residential development shall be
//v//'"'2^`~'.~~`----- \ total )OSoqVor�fee�ofoornm�ro|o/unevvuu/uu�
d on a FAR of 0.35 applied to the estimated
net acreage (20'2 net acres), �cn3O7`S\d be developed �o a multi -tenant center
developed on the project Site. The Sit e would Except as provided �R
including one O[Olo[e"big-bOX, uses and m nU[Obe[CfOut'pmds.
52
the Municipal Coebuilding heights would not exceed 35feet. On-site parking would
be
provided eoa ratio of one ap="efor each 300 square feet of gross flog[ area [due one
space for each 1'000 square feet of outdoor display area (Section 22�3OO3O\. The
altenlatiVe+epecificg[adiOg p|oO could closely replicate thatassociatedwiththeODGp.
Comparison of itive to the Effects of the Proposed Project: The
City Council mfinds that the"Community Commercial"—
Uy
superior" to the proposed since itwould not result iOthe avoidance o[substantial
reduction of those significant construction, [atk]Dd, and cU[nU|atk/e air quality
impacts associated with the proposed project.
F As in S:)ort of Findings: The following facts are presented iDsupport Dfthis finding:
ac
`-A The City's aDmk'mia of project alternatives is presented in Section 8.0
(Alternatives Analysis) in theE|R
and that analysis is incorporated by reference
herein.�
rds to construction air quality impacts, under the proposed project,`-' combineWith d
�nli�aiODS or���Vve[e eoUnl�eU at 136.02 pounds/day. ax= ""�
hi
=" ` threshold �[�eri�. construction
Va|�� �XC��d� the Q<�A�K8DG recommendedi
impacts Vv�U\d he deemed to be significant. Under this m\terDatiVe, on-olt
e
development activities may boincreased /3O7.888square feet ofneighborhood-
serving ooDl[ne[cia| use as compared t` 158.985 square feet of comparable
commercial use and 2O2dwelling UOito\. "'oHowever, because mass grading ofthe
project site would be required to create building pads and an on-site circulation
system,maximum daily construction activities would be anticipated to be eini|o[
.
As a 'eeU|t'construction air quality impacts would be assumed to be similar to
those associated iththe proposed project @ndxou\d remain significant.
(c) V'hb regards t�operational �i[quality'pacte, the proposed project is projected
t�^~~FC�'[x- and CO emissions in excess Ofth� @CACKDsuggested
daily threshold criteria. Under -��- �Karnamw�.the resulting retail shopping oeDter
is projected to generate ~-----naUy greater volumes peak hOU[ and daily
n�@� and �oODOO��j�! development.
vehicle trips that the proposed residential
Notwithstanding the elimination of 202 dvo||iDg units, the doubling v/
the square
footage ofon-site commercial uses would result in a net increase in the number
d daily hi�|e trips generated under this alternative. Based on
of peak hour �n «�
that increase in alternative -related traffic,operational air quality impacts would be
projected to nen0ain sigOificant.`
/d\ With regards to cumulative �i[ quality inp@�a. related project activities, in
combination with this alternative's construction and operation, would
| \ �OOi�SiOn� within the G(�/\B Under th�
iOonaOl�DtoUV contribute t� F�g|�Om �[ .
GCAQK8[)'o naoonnmnndad methodology, development activities that generate
significant air quality impacts are also assumed to generate eigOificantcUrnu\atiVe
air quality impacts.
`�vCouncil �DdSth8tthe"CoOoO0uDUn
The (��,_^
Commercial" alternative would not substantially meet the stated project objectives in that
it would not provide for the requisite percentage of residential developme I nt.
Feasibility: Excluding. ` ` mic considerations ' which are not addressed inthe FBR.
the --" "Community Commercial" alternative is fe�aiUka
--'C1h/ �Od��h��th� U-� ��nnn��ru '
'
53
Residential" Alternative)
7.4 Alternative No'4 ("Low -Density
The eastern portion of the project site is zoned "Low
Density
Residential \n -/-7'500Y and "Low Medium Density Residential (R-1-10,000)" on the
city's official Zoning Map. Thie@�e[na�Voispredicated upon the geographic expansion
of the "Low Density Residential (RL)" zoning designation
Oation xithin the estimated
developable area of the png'aot site (20.2 net acres) at odeneitvof3 dwelling units per [
@cpg'Under this alternative, mtota| of about OO single-family detached and/or single-
family attached units would be developed on the project
in |e-
foOiyaMachedUnitsVoU|dbedeVe\opedoOthep[oje[t site. Under this alternative, th(�
alternative -specific grading plan could closely replicate that associated withthe 8D8r.
Comoarison of the Effects of the Alternative to the Effects of the Proposed Proie, : The
is "�nviroOOnenta\\y
superior" Qtv CoUDnCouncil",
finds that the L" -"e''~'^/ ''---- - b t Dtia|
~ tothe proposed project eince it would result inthe avoidance orou�elo th
reduction of those significant operational air quality impacts associated with e
'
proposed project.
Facts in 5upport of Finding—s: The following facts are presented iOsupport ofthis finding:
`-A The City's aO—k'—"' of project alternatives is presented �in Section 6.0
(Alternatives Analysis) |Dthe FBR andUlat analysis is incorporated by reference
herein.
(b) With regards to construction air qUa|—it"v"�-�impacts, under the proposed project,
combined oOiogioOe or ROG were estimated at /38.02 pounds/day. Since this
value exceeds the GCAQKD's recommended threshold criteria, construction
impacts would be deemed to be s'y'^~~Ot Under this alternative, on-site development activities may be oUbstanti^aily decreased (GO dwelling units
compared to 153'085 Square feet of commercial Use and 202 dwelling UmV_,
However, because mass grading of the project site would be required to create
building pads and on on-site circulation system, maximum daily construction
activities would be anticipated to be similar. As a result .conetructionair quality
impacts would be assumed t be similar to those associated with the proposed
project and would,the[efoFe, remain significant.
or��iona| �i[qVG|itvinpmot�'the proposed project is projected
cted
(c) With regards to op suggested
to create R}G. N[X. and CO emissions in excess of the G{A]K
daily threshold criteria. Residential projects generate
substantially lower volumes |u
mee
ofpeak hour and daily vehicle trips that comparably sized, retail shopping center
projects. GiOi|8[lV, although some differences exist based on the type of
residential development proposed, projects with fewer UVe||iDg units can be
assumed togenerate a \eag�[ number ofpeak hour and daily vehicle trips that
projects with a greater number ofdwelling units. As e nasuUu, under this
mobile source emissions would be substantially reduced. For the
�|t�rOotiVn. »lo �
purpose of this a|te[DFdiVea analysis, it � ma�Uad that operational air quality
�ic�nt|evai
impacts would be reduced to a less-than-eiQn '
/d\ With [eg8njS to CU0u\8tiVg air qU8UtV impacts, related project activities,
in
COOb\nat\OD with this alternative's construction and operation V0U|d
t OO[[i��t� to regional @i[ emissionsVVit� iO the SCAB. Under the
incrementally � d�� nn���O�O\O�V' development activities that generate
8<�AClK8D'a recommended also assumed to generate significant
significant air quality impacts are acumulative air quality impacts.
54
7~5
Effectiveness in 1\Aeetin Pro"ect Objectives: The City Council finds that the^Low-
Density Residential" alternative would not substantially meet the stated project
objectives in that it would not provide* for the requisite percentage of commercial
development. Moreover, as a result of Diamond Bar's very limited land inventory, a low
density alternative would not only cause the City to lose substantial ground in fulfilling its
suited for higher density housing, but it would
h -o u-si ng growth need on a site properly
increase the burden on other available and potentially available (i.e. those which need to
taroets.
Excluding economic considerations which are not addressed in the FBR .
the city Council finds that the "Low-OenaitvResidential" alternative iofeasible.
Alternative No. 5 ("High -Density Residential" Alternative)
UOde[.thie alternative, ' Ul� project site would be developed for
'
residential use 'n accordance with the High Density Residential" (lH)" standards
outlined in Chapter 22'08 (Residential Zoning Districts) of theMunicipal Code. As
specified, the maximum allowable meS�V in this dhatrictie2Odwelling units per acre.
Based on the estimated net acreage (20'2 net acres), a total of approximately .04
�rlzvo the
dwelling units could be constructed on the property. Under toamrexnaoD`p
alternative -specific grading plan could closely replicate that associate ovxi
zn the o q .
City Council finds that the,"High-Density Residential"
superior" to the proposed project since it would result
reduction of those significant operational air quality
proposed project.
is of the Proposed Project: The
alternative is "environmentally
in the avoidance or substantial
impacts associated with the
iOSU����Of��S�nd\ng�
Facts in Support of Fin4ingas: The facts are .`
`-A' The C-ve analysis of project alternatives is in Section O'O
(Alternatives Analysis) inthe FE|R and that analysis is incorporated bvreference
herein. \@t�diO�� Section � O4O ��t�eK8UDk�D@|COde'theDl8XnOUD1
(h) As stipulated �uu / '+�' `~--�' �| subject to the hillside
number of units that may be allowed on a given
management ordinance is calculated in compliance with specified requirements.
In accordance with the City's hillside management ordinance, a maximum of 524
dwelling units can be constructed within the project area. The number of
dwelling units that would be constructed under this alternative (404 units) is less
than the number allowable under the City's hillside management ordinance.
of thisalternativewill result in the generation of approximatel�
`-'implementationduring a typical
2,368 daily vehicle trips
weekday, including 178 AM peak -hour
trips and 210 PM peak -hour trips. In comparison, the proposed project is
forecast- to generate approximately 9,276 daily two-way vehicle trips, including
2'2~'r ---'n~ the weekday AM and 650 trips during the PM peak hours.
(d)With regards to construction air quality impacts,under the proposed p/`oe^.
combined emissions or F[G were estimated at /30.O2 pounds/day. Since this
' e .
construction
vmkue exceeds the ou��~C/� [e�OnD�no/neehOw C[��h8
'
impacts would be deemed to be �m�Undarthis alternative, on-site,
development a .vitieswould consist of4O4attached dwelling units, compared to
55
153985 square feet of neighborhood -serving CoO�[ner�a| Use and 202 dwelling
units. Because mnmae grading of the project site would be required to create
building pads and an on-site circulation system, maximum daily construction
activities would be anticipated to be similar. �As aresult, construction -term air
quality impacts would be assumed to he similar tothose associated with the
proposed project and would,
- therefo[e`ns0�n significant.
(e) V��h regards to operational air quality impacts, the proposed project is projected uted
to cne@teR[G' NOx, and CO emissions in excess of the SCACWDsUggeoh=d
daily UlnaehV|d criteria. Because this alternative would generate substantially
lower volumes of peak hour and daily vehicle trips that associated with the
proposed project, mobile ooU[oe emissions voU|d be substantially reduced. Fo
the purpose oTthis alternatives analysis, itiaassumed that operational air quality
impacts would be reduced to a{ess-ohGn-oiQnificantlevel.
0l With regards tocumulative �i[ quality impacts, related project activities, in
combination with this alternative's construction and operation would
incrementally contribute to PagioDm| a\[ emissions within the SCAB. Under the
G{}AC>K8D'e recommended methodology, development activities that generate
significant air quality impacts are also assumed to generate significant
cumulative air quality impacts.
The City Council finds that the "High -
Density meet the stated pn����
UeOo�y �uemuu/mw/ alternative would not ' ntm �� commercial in that it would not provide for the requisite percentage
development.
Excluding economic considerations which are not addressed in the FBR`
the City Council finds that the "High -Density Residential" alternative is feasible.
8,0 PROJECT BENEFITS
The City the proposed project would [esUltiO 8 number of identifiable communitybenefits. Those benefits include, but may not belimited to:
(1) Adoption of the proposed 8DGpwill serve to define the types of permitted an
d
conditionally permitted land uses that the City Council believes tobe appropriate for the
project site and for the project setting, define reasonable limits to the type. \ntenoity, and
density of those Uees, and establish the design and development standards for those
uses. |Uab|� regulatory tool. for ,the
(2\ Adoption of the proposed 8DGP will serve as g Vm
` ' systematic implementation of the City's General Plan.
(3) Adoption of the proposed GD8' will impose reasonable development o
ontro\e and
standards designed toensure integrated development ofthe project ejteProperty by
(4) The proposed project will facilitate the District's efforts tosell surplus District
providing a subsequent
purchaser reasonable certainty as to the type, \DtaOnU». and
general configuration of allowable on-site land uses.
/�\ Adoption p"p�~~~ ~--� will of ^ optimize— the benefits
`-'
District p[���dvfor the benefit of /KsS constituents and its educational mission. �
On"�
(6) The proposed project will result iDthe production of 202 new housing UOU
S within the
City, thus helping the City respond to the identified housing demand outlined in the
current "Regional Housing Needs Assessment" (RHNA).
.
56
[7\ The �oO�tn��doD and sale of attached residential condominium units future
homebuyers with additional, purchase options ` ' and � h��allowing homebuyers
to better match housing choices with household
ed I
s and demands.
`-' The creation of
jobs-to-
housing ratio objectives established by regional goVeDl0eDtg| entities and produce
corresponding environmental benefits.
(S) Project approval will allow for the productive use of an
ed property
City's
`~'eFa| Plan, convert a tax-exempt property to a private use, and introduce a land use
that will generate sales and other taxes for the benefit ofthe City andits constituents.
(1[) Improvements to the Diamond Bar Boulevard/Brea Canyon Road intersection will
improve traffic flow inand through that intersection.
/11\
Payment ofschool inopaot park, and t[af�cinOpactfees and other exactions VYi||facilitate
the ability Ofthe (�itVand
'other agencies toundertake improvements tospecific public
facilities.
(1�\ A�onMm'' Cfthe GD��PViUfU�he[the intent CfGB375bvfGcj|ita�Dghor�oOta|nnimaduse
` ' Adoption
with pedestrian connections between the residential and commercial components.
Without transit infrastructure (other then bus routes), mixed use developments can play
a greater role in local efforts to redUoeVMT.
9.0 STATEMENT OF OVERRIDING CONSIDERATIONS
As described above, the proposed project would produce significant unavoidable
,advered
impact in the following three topical areas: (.) Quality (Construction |8n -nM; /2\Air{}ua|-v
(Operationad |nnntd ��Aj[ CuEdUn (Cumulative |Dnect). Each of those identified
significant environmental effects will continue to manifest as significant impacts notwithstanding the City Council's adoption or likely adoption of those mitigation measuresidentified in the FEIR. In order to determine whether the proposed project's al environmental impacts are
acceptably overridden by the project's anticipated benefits, Section 15093 of the State CEQA
Guidelines requires the City to balance the potential benefits of the proposed project against the
project's potential unavoidable significant environmental impacts.
The City Council finds ''-'
Ddo that the 'oUeh stated benefits outweigh the significant unavoidable
adverse -�eOViu}DOloOta| impacof ts nuposed project. Eadl of the separate and distinct
�-- � determined '
tV be' in theOOoe|Vee and independently of any
other identified benefit,. a basis for overriding �
b�n�Mteofth�ppDp�ea�pRg���|o^i Uunavoidable environmental impacts, �as
identified in these Findings.
The City {}OUDCi| has identified ecOOODliC and social benefits and important public policy
ohi8[ti/weS that will �Dl P�SU|t�implementation of the proposed project. The City Council has
sought ^- to balance these substantial ��Uro[nic and social benefits against the significant
' � �
unavoidable adverse eOvinonnleOt8|ef��cteVfthe proposed project. ��|venthe substantial social
and economic benefits that vi|| 'accrUe to the City, to the [istrict, and to the region from
the
implementation of the proposed project, the City Council finds that the proposed project's
identified benefits override the project's "deDtifiedeigOUiogntenvi[oDDaOto|inpacts.
57
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Attachment 2
fill 111AT&TS"R
A. RECITALS
1. On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property owner/co-applicant/lead agency, City of Diamond
Bar, executed a Memorandum of Understanding whereby the parties
agreed to collaborate in the planning of the future land use for the
approximately 30.36 -acre parcel property located at the southeast corner
of Brea Canyon Road and Diamond Bar Boulevard, City of Diamond Bar,
County of Los Angeles, California so that both parties may each advance
their respective objectives for the disposition of the property;
2. The following approvals are requested to the City Council:
(a) General Plan Amendment No. 2007-03 to change the land use
designations from Public Facility (PF) and General Commercial (C) to
Specific Plan (SP);
(b) Zone Change No. 2007-04 to change the zoning districts from Low
Density Residential (RL) and Neighborhood Commercial (C-1) to
Specific Plan;
(c) Specific Plan No. 2007-01 to adopt the Site D Specific Plan for the
approximately 30.36 acre site to facilitate the development of a
maximum of 202 residential; 153,985 gross sq. ft. of commercial; and
approximately 8 acres of open space areas, easements, and rights-
of-way;
(d) Tentative Tract Map No. 70687 to establish separate residential,
commercial, and open space parcels; create an internal circulation
system and common open space areas; and establish easements
and other rights-of-way for utility and other purposes; and
(e) Environmental Impact Report 2007-02 to
0
certify the Final EIR, which provides.a detailed analysis of potential
environmental impacts associated with the development of the
Specific Plan area.
In accordance to the provisions of the California Environmental Quality Act
(CEQA), Section 15168 et seq., an Environmental Impact Report (EIR)
has been prepared -for the project 'which found that the pro -posed project
may have remaining significant impacts that requires adoption of "Findings
of Facts and Statement of Overriding Considerations." Per CEQA
Guidelines Section 15090, the EIR is being reviewed concurrently with the
approval of the General Plan Amendment No. 2007-03 and Zone Change
No. 2007-04 and must be certified by the City Council before project
approval;
4. In accordance with CEQA Guidelines Sections 15090 through 15093, a
resolution recommending certification of the EIR, adoption of a mitigation
reporting and monitoring program, and adoption of "Findings of Facts and
Statement of Overriding Considerations" to the City Council for the project
is being reviewed by the Planning Commission concurrently with this
resolution;
5. The approval of Specific Plan No. 2007-01 (Site D Specific Plan) that is
being reviewed concurrently with this project, includes a land use plan that
divides the property into three sub -planning areas (Residential,
Commercial, and Open Space/Circulation) and includes standards and
,guidelines for future development of the specific plan site;
6. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Dailv Bulletin newspapers on
April 2, 2010. Public hearing notices were mailed to property owners
within a 1,000 -foot radius of the project site and public notices were
posted at the City's designated community posting sites. In addition to the
published and mailed notices, the project site was posted with a display
board and the notice was posted at three other locations within the project
vicinity;
7. On April 13 and April 27, 2010, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing, solicited testimony
from all interested individuals, and concluded said hearing on that date;
8. The Planning Commission has determined that the proposed General
Plan Amendment and Zone Change represents a consistent, logical,
appropriate and rational land use designation and implementing tool that
furthers the goals and objectives of the City General Plan; and
9. The documents and materials constituting the administrative record of the
proceedings upon which the City's decision is based are located at the
2
Planning Commission Resolution No. 2010 -XX (Approval of GPA & ZC)
City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1 The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. Based on the findings and conclusions set forth herein, the Planning
Commission hereby finds and recommends as follows:
a. City Council approval of a General Plan Amendment No. 2007-03 for
the Site D Specific Plan based on the following finding, as required
by Section 22.70.050 of the Municipal Code and in conformance with
California Government Code Section 65358:
The amendment to the General Plan is internally consistent with the
adopted goals and policies of the City and is in the public interest.
General Plan Amendment No. 2007-03 will permit residential and
commercial, rather than public facility, in an area adjacent to an
existing residential and commercial development. The General Plan
Amendment promotes the following:
Land Use Element Vision Statement states: It is the overall goal
of the land use element to ensure that the land uses and
development decisions of Diamond Bar maintain and enhance the
quality of life for its residents. Goal 1 states: Consistent with the
Vision Statement, maintain a mix of land uses which enhance the
quality of life of Diamond Bar residents, providing a balance of
development and preservation of significant open space areas to
assure both economic viability and retention of distinctive natural
features of the community.
The Site D Specific Plan is a mixed use development that
provides quality higher -density residential housing within proximity
to a neighborhood -retail center, and open space. The Site D
Specific Plan also incorporates physical design elements that
reflect the unique topographical characteristics of Diamond Bar
through the creation of a landform grading design that emulates
natural topographic contours and undulations, and incorporates
native woodland species indigenous to the site.
0 Land Use Element — Goal 2 states: Manage land use with
respect to the location, density and intensity, and quality of
3
Planning Commission Resolution No. 2010 -XX (Approval of GPA & ZC)
development. Maintain consistency with the capabilities of the
City and special districts to provide essential services which
achieve sustainable use of environment and manmade resources.
The Site D Specific Plan project is located at the corner of a major
and a secondary arterial in the Diamond Bar area identified by the
ity s GeneralPlan- as a 'prime- location for 'mixed-use
development. This Specific Plan document will guide the build-
out of Site D in a manner which is consistent with City and State
policies and standards and assures that the project is developed
in a coordinated manner.
Land Use Element - Goal 3 states: Maintain recognition within
Diamond Bar and the surrounding regions as being a community
with a well planned and aesthetically pleasing physical
environment.
The Site D Specific Plan is consistent with the needs of the
Diamond Bar community by offering housing and employment
opportunities in an integrated, aesthetically pleasing, mixed-use
development. Additionally, the commercial -retail facilities will
provide service to both residents of the City of Diamond Bar and
surrounding regions.
Land Use Element — Goal 4 states: Encourage long-term and
regional perspectives in local land use decisions, but not at the
expense of the quality of life for Diamond Bar residents.
The Site D Specific Plan sets the precedent for a new and vibrant
mixed-use development in the City of Diamond Bar. Interweaving
higher -density residential housing with a centrally located
commercial -retail center, and open space, will allow Site D to be a
quality mixed-use development that will positively contribute to the
City of Diamond Bar.
Housing Element Vision Statement states: It is the overall goal of
the housing plan that there is adequate housing in the City, both
in quality and quantity, to provide appropriate shelter for all
without discrimination. Goal 1 states: Consistent with the Vision
Statement, preserve and conserve the existing housing stock and
maintain property values and residents' quality of life.
The residential component of .the Site D Specific Plan proposes
up to 202 high-quality residential units to help fulfill Diamond Bar's
portion of the region's housing needs. The criteria for residential
development incorporate an internal circulation system that is not
reliant on those of the surrounding residential neighborhoods, and
4
Planning Commission Resolution No. 2010 -XX (Approval of GPA & ZC)
ensure that new residential community will coexist harmoniously
with the adjoining, established neighborhoods.
Housing Element — Goal 2 states: Provide opportunities for
development of suitable housing to meet the diverse needs of
existing and future residents.
The higher -density residential housing of Site D project area
meets the fiscal and culturally diverse needs of both future and
existing City of Diamond Bar residents by offering an alternative
to the predominantly detached single-family residential market
largely found in the City of Diamond Bar.
Housing Element — Goal 5 states: Encourage equal and fair
housing opportunities for all economic segment of the community.
The Site D Specific Plan will provide higher -density residential
uses in the form of attached housing, which can accommodate
various economic segments of the Diamond Bar community and
its residents by supporting the variation in character of the
Diamond Bar housing stock.
Resource Management Element Vision Statement states: It is the
overall goal of the resource management element to provide and
maintain adequate open spaces in the City to serve the diverse
recreational needs of its residents, while fostering the wise use of
limited natural resources. Goal 1 states: Create and maintain an
open space system which will preserve scenic beauty, protect
important biological resources, provide open space for outdoor
recreation and the enjoyment of nature, conserve natural
resources, and protect public health and safety.
The Site D Specific Plan preserves approximately 8.0 acres of
30.36 acres as open space, which includes vegetated slopes,
residential amenities, and pedestrian pathways.
Public Health and Safety Element Vision Statement states: It is
the overall goal of the plan to provide a safe and healthy
environment for the residents of Diamond Bar. Goal 1 states:
Create a secure public environment which minimizes potential
loss of life and property damage, as well as social, economic, or
environmental disruption resulting from natural and manmade
disasters.
The Site D Specific Plan will provide a safe and secure
environment for City residents by promoting the policies and
ideals particular to the City of Diamond Bar. Specific standards
5
Planning Commission Resolution No. 2010 -XX (Approval of GPA & ZC)
are included in the Site D Specific Plan regulating development
within the project area, which will minimize potential loss of life
and property damage. Additionally, each stage of development
permitted by this Specific Plan will adequately provide vehicular
access, public facilities, and infrastructure for public health and
safety.
Circulation Element Vision Statement states: It is the overall goal
of the plan to provide a safe, adequate and environmentally
sensitive transportation system to meet the circulation needs of
the citizens of Diamond Bar. Goal 1 states: Enhance the
environment of the City's street network. Work toward improving
the problems presented by intrusion of regionally oriented
commuter traffic through the City and into residential
neighborhoods. Consider programs to reinforce the regional
transportation and circulation system to adequately accommodate
regional needs.
The Site D Specific Plan's improvement of interior roadways and
circulation will ensure safe, direct, and convenient vehicular and
pedestrian access to and through the project's various land uses.
Because the site is bordered by existing and improved roadways
(Diamond Bar Boulevard and Brea Canyon Road), no major
exterior roadway modifications will be developed by this Specific
Plan. To the extent possible, existing lane configurations and
right-of-way improvements on exterior project roadways will be
retained. However, minor landscape and parkway improvements
shall be provided along these roadways as well as additional
strategically placed entrances, which will make Site D project area
an easily accessible location for residents of the City of Diamond
Bar.
Circulation Element — Goal 2 states: Provide a balanced
transportation system for the safe and efficient movement of
people, goods, and services through the City.
The Site D Specific Plan will contain a strong internal circulation
network that will serve to provide direct and efficient access to the
site. While the automobile will be the predominant form of travel,
the Site D Specific Plan recognizes the importance of alternative
modes of transportation. A convenient and easily accessible
transit system becomes an essential element of a mixed-use
development such as Site D. Bus stops are located adjacent to
Site D and facilitate alternative modes of transportation. Transit is
expected to be provided by the Metropolitan Transit Authority
(MTA), Foothill Transit, and the City's fixed -route transportation
system.
6
Planning Commission Resolution No. 2010 -XX (Approval of GPA & ZC)
Circulation Element — Goal 3 states: Maintain an adequate level
of service on area roadways.
The Environmental Impact Report associated with the
development of the Site D Specific Plan includes an analysis of
project area roadways and existing and build -out levels of service.
Appropriate mitigation measures shall be provided if area
roadways are found to be operating under the required level of
service as a result of the Site D development. I
Circulation Element — Goal 4 states: Provide or regulate the
provision of the supply of parking to meeting the needs for both
residents and commercial businesses.
The Site D Specific Plan mixed-use development will be
consistent with Chapter 22.30, Off -Street Parking of the Diamond
Bar Municipal Code.
Public Services and Facilities Element Vision Statement states: It
is the overall goal of the plan that the City acquire and maintain
adequate resources to meet the needs of its resident. Goal 1
states: Provide adequate infrastructure facilities and public
services to support development and planned growth.
Public services and utilities, including water, sewer, gas,
electricity, telephone, and cable will be extended into the Specific
Plan area to support the Site D development.
Public Services and Facilities Element — Goal 2 states: Achieve a
fiscally solvent, financially stable community.
The Site D Specific Plan area will contain a high-quality, mixed-
use development, composed of commercial -retail, higher -density
residential, and open space land uses. The provision of
residential uses on-site creates an immediate market for retail and
service uses, thereby enhancing the potential. for establishing a
successful mixed-use master planned- development. Additionally,
Site D Specific Plan will provide housing and job opportunities to
the City of Diamond Bar residents, which will generate property
and sales taxes that can be used for improvement of public
services and facilities. Due to the project's convenient location
and site planning, Site D presents an economically viable plan
that is good for the City of Diamond Bar and its residents.
The proposed General Plan Amendment is consistent with all of
these goals. Therefore, the General Plan Amendment is consistent
with City policies and is in the public interest;
7
Planning Commission Resolution No. 2010 -XX (Approval of GPA & ZC)
b. City Council approval of Zone Change No. 2007-04 for the Site D
Specific Plan based on the following finding, as required by Section
22.70.050 of the Municipal Code and in conformance with California
Government Code Sections 65853 and 65860:
The amendment to the Zoning Map is internally consistent with the
General Plan and the adopted goals- and policies, of the City. The
Zoning Map does not presently reflect the General Plan designation
for the property. Zone Change No. 2007-04 will place the City's
Zoning Map in conformance with the General Plan by designating the
Property as SP (Specific Plan), with sub -areas corresponding to
those in the Site D Specific Plan. The existing approximate 30.36
acres located at the southeast corner of Brea Canyon Road and
Diamond Bar Boulevard (Assessors Parcel Numbers 8714-002-900,
8714-002-901, 8714-002-902, 8714-002-903, and 8714'015-001)
shall have a zoning designation of SP — Specific Plan.
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:
Walnut Valley Unified School District, 880 South Lemon Avenue, Walnut,
CA 91789.
APPROVED AND ADOPTED THIS 27th DAY OF APRIL 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
0
Tony Torng, Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 27th day of April, 2010, by the following vote: .
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
8
Planning Commission Resolution No. 2010 -XX (Approval of GPA & ZC)
ATTEST:
Greg Gubman, Secretary
Planning Commission Resolution No. 2010 -XX (Approval of GPA & ZC)
U
04 4*0141,1111,11 �,
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL
APPROVE TENTATIVE TRACT MAP NO. 70687 AND SPECIFIC PLAN NO.
2007-01 FOR SUBDIVISION OF 30.36 ACRE SITE FOR RESIDENTIAL AND
COMMERCIAL PURPOSES AND ADOPTION OF THE SITE D SPECIFIC
PLAN FOR DEVELOPMENT OF THE SITE WITH 202 -UNIT RESIDENTIAL
UNITS AND 153,985 GROSS SCS. FT. OF COMMERCIAL USE ON PROPERTY
LOCATED AT THE SOUTHEAST CORNER OF BREA CANYON ROAD AND
DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (APN 8714-002-
900, 8714-002-903, and 8714-045-001).
RECITALS
On July 1, 2007, the property owner/co-applicant, Walnut Valley School
District, and property owner/co-applicant/lead agency, City of Diamond
Bar, executed a Memorandum of Understanding whereby the parties
agreed to collaborate in the planning of the future land use for the
approximately 30.36 -acre parcel property located at the southeast corner
of Brea Canyon Road and Diamond Bar Boulevard, City of Diamond Bar,
County of Los Angeles, California so that both parties may each advance
their respective objectives for the disposition of the property;
2. The Application is being reviewed by the Planning Commission
concurrently with General Plan Amendment No. 2007-03, Zone Change
No. 2007-04, and Environmental Impact Report No. 2007-02 (SCH No.
2008021014);
3. In accordance to the provisions of the California Environmental Quality Act
(CEQA), Section 15168 et seq., an Environmental Impact Report (EIR)
has been prepared for the project which found that the proposed project
may have remaining significant impacts that requires adoption of "Findings
of Facts and Statement of Overriding Considerations." Per CEQA
Guidelines Section 15090, the EIR is being reviewed concurrently with the
approval of the General Plan Amendment No. 2007-03 and Zone Change
No. 2007-04 and must be certified by the City Council before project
approval;
4. In accordance with CEQA Guidelines Sections 15090 through 15093, a
resolution recommending certification of the EIR, adoption of a mitigation
reporting and monitoring program, and adoption of "Findings of Facts and
Statement of Overriding Considerations" to the City Council for the project
is being reviewed by the Planning Commission concurrently with this
resolution;
5. The approval of Specific Plan No. 2007-01 (Site D Specific Plan) that is
being reviewed concurrently with this application, includes a land use plan
that divides the property into three sub -planning areas (Residential,
Commercial, and. Open Space/Circulation) and includes standards and
guidelines for future development of the specific plan site;
6. The following approvals are requested to the City Council:
(a) General Plan Amendment No. 2007-03 to change the land use
designations from Public Facility (PF) and General Commercial (C) to
Specific Plan (SP);
(b) Zone Change No. 2007-04 to change the zoning districts from Low
Density Residential (RL) and Neighborhood Commercial (C-1) to
Specific Plan;
(c) Specific Plan No. 2007-01 to adopt the Site D Specific Plan for the
approximately 30.36 acre site to facilitate the development of a
maximum of 202 residential; 153,985 gross sq. ft. of commercial; and
approximately 8 acres of open space areas, easements, and rights-
of-way;
(d) Tentative Tract Map No. 70687 to establish separate residential,
commercial, and open space parcels; create an internal circulation
system and common open space areas; and establish easements
and other right-of-way for utility and other purposes; and
(e) Environmental . Impact Report 2007-02 to
certify the Final EIR, which provides a detailed analysis of potential
environmental impacts associated with the development of the
Specific Plan area.
7. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
April 2, 2010. Public hearing notices were mailed to property owners
within a 1,000 -foot radius of the project site and public notices were
posted at the City's designated community posting sites. In addition to the
published and mailed notices, the project site was posted with a display
board and the notice was posted at three other locations within the project
vicinity;
8. On April 13 and April 27, 2010, the Planning Commission of the City of
Diamond Bar conducted a duly noticed public hearing, solicited testimony
from all interested individuals, and concluded said hearing on that date;
and
2
Planning Commission Resolution No. 2010 -XX (Approval of TTM and SP)
9. The documents and materials constituting the administrative record of the
proceedings upon which the City's decision is based are located at the
City of Diamond Bar, Community Development Department, Planning
Division, 21825 Copley Drive, Diamond Bar, CA 91765.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. In accordance to the provision's of the California Environmental Quality Act
(CEQA), Section 15168 et seq., an Environmental Impact Report (EIR)
has been prepared for the project which found that the proposed project
may have remaining significant impacts that requires adoption of "Findings
of Facts and Statement of Overriding Considerations." Per CEQA
Guidelines Section 15090, the EIR is being reviewed concurrently with the
approval of the General Plan Amendment No. 2007-03 and Zone Change
No. 2007-04 and must be certified by the City Council before project
approval;
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
below, and changes and alterations which have been incorporated into
and conditioned upon the proposed project set forth in the application,
there is no evidence before this Planning Commission that the project
proposed herein will have the potential of an adverse effect on wild life
resources or the habitat upon which the wildlife depends. Based upon
substantial evidence, this Planning Commission hereby rebuts the
presumption of adverse effects contained in Section 753.5(d) of Title 14 of
the California Code of Regulations;
4. Based on the findings and conclusions set forth herein, the Planning
Commission hereby finds and recommends as follows:
a. The Site D Specific Plan is to allow vacant land comprised of
approximately 30.36 acres located at the southeast corner of Brea
Canyon Road and Diamond Bar Boulevard (Assessors Parcel Number
8714-002-900, 8714-002-901, 8714-002-902, 8714-002-903 and 8714-
015-001) with 202 residential dwelling units; 153,985 gross sq. ft. of
commercial use; and approximately 8 acres of open space areas,
easements, and rights-of-way;
b. The current General Plan land use designations for the site include
Public Facility (PF) and General Commercial (C). General Plan
3
Planning Commission Resolution No. 2010 -XX (Approval of TTM and SP)
Amendment No. 2007-03 being considered concurrently with this
application proposes to change the land use designation for the site to
Specific Plan. With approval of the General Plan Amendment, the
Application will be consistent with the General Plan land use
designation;
c. The project site is within the Low Density Residential (RL) and
Neighborhood Commercial (C-1). Zone Change No. 2007-04 is being
reviewed concurrently with the Application that requests that the City
Council approve the zone change from the current zoning to Specific
Plan for General Plan compliance;
d. The project site is generally surrounded by single-family homes to the
north, south, and west, and a. gas station and professional office
buildings to the east. The site is bordered on the north by Diamond
Bar Boulevard, and Brea Canyon Road to the west. The Brea Canyon
Flood Control Channel runs roughly parallel to Brea Canyon Road and
cuts through the western portion of the property.
e. The application involves a request for the following: Adoption of the
Site D Specific Plan for development of the site with 202 residential
dwelling units; 153,985 gross sq. ft. of commercial use; and
approximately 8 acres of open space areas, easements, and rights-of-
way.
Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080
of the City's Subdivision Ordinance, the Planning Commission
recommends that the City Council make the following findings: I
f. The proposed subdivision, together with the provisions for its design
and improvement, is consistent with the general plan and any
applicable specific plan;
The proposed project involves the subdivision of the site with 202
residential units, 153,985 gross sq. ft. of commercial use; and
approximately 8 acres of open space areas, easements, and rights -of -
ways. Ther General Plan land use designations for the site include
Public Facility (PF) and General Commercial (C). General Plan
Amendment No. 2007-03 being considered concurrently with this
application proposes to change the Ian d use designation for the site to
Specific Plan. With approval of the General Plan Amendment, the
Application will be consistent with the General Plan land use
designation.
The proposed subdivision is consistent with the concurrently proposed
Site D Specific Plan document, as conditioned.
4
Planning Commission Resolution No. 2010 -XX (Approval of TTM and SP)
g. The site is physically suitable for the type and proposed density of
- development;
The proposed subdivision will be consistent with the amended General
Plan land use designation that is being considered concurrently with
the application. The proposed land use designation will be Specific
Plan that will allow for the development of 202 residential dwelling
units, 153,985 gross sq. ft. of commercial use; and approximately 8
acres of open space areas, easements, and rights-of-way. The
buildings will have minimum setbacks requiring 15 feet from Diamond
Bar Boulevard and Brea Canyon Road, 85 feet from the southerly
property line (which abut residential), and 30 feet from the easterly
edge. Visual analysis was performed to understand how the building
massing of both commercial and residential would look from. the street.
This analysis led the City to expand some of the building setbacks.
Additionally, the EIR prepared for TTM No. 70687 reviewed the map's
suitability for the project site, access, circulation, grading, aesthetics,
land use, etc. The review concluded that the proposed subdivision
would not have a significant effect on the environment and/or with the
incorporation of mitigation measures would be reduced to a level of
less than significant.
h. The design of the subdivision or the proposed improvements will not
cause substantial environmental damage or injure fish or wildlife or
their habitat;
Pursuant to the provisions of the California Environmental Quality Act
(CEQA) Section 15168 et seq., and Environmental Impact Report
(EIR) has been prepared for the application and found that the
proposed project may have remaining significant impact that requires
the adoption of "Findings of Facts and Statement of Overriding
Considerations." Per CEQA Guidelines Sections 15090, the EIR is
being reviewed concurrently with the Application and will be certified by
the City Council before Application approval.
L The design of the subdivision or type of improvements will not cause
serious public health or safety problems;
The proposed subdivision will create three elevated building pads (one
commercial and two residential). The grading will be constructed,
operated, and maintained in accordance with the recommendations
contained in the preliminary geotechnical investigation to assure that
geotechnical stability is maintained or increased. Detailed drainage
and hydrology studies will be completed, including the potential for
debris flows, and the proposed conditions and mitigation measures will
likely prevent any significant increases in erosion and flood hazards.
5
Planning Commission Resolution No. 2010 -XX (Approval of TTM and SP)
The development will also have traffic improvements to mitigate
existing plus project traffic conditions and cumulative traffic impacts.
j. The design of the subdivision or type of improvements will not conflict
with easements, acquired by the public at large for access through or
use of,, property within the proposed subdivision. I I
The site does not have any access easements on-site.
k. The discharge of sewage from the proposed subdivision into the
community sewer system would not result in violation of existing
requirements prescribed by the California Regional Water Quality
Control Board;
The proposed subdivision has been analyzed under the Environmental
Impact Report and was not found to violate any requirement of the
California Regional Water Quality Control Board. To reduce water
quality impacts to a level less than significant, the proposed
subdivision is required to comply with mitigation measures that include
compliance with the California Regional Water Quality Control Board,
Federal Clean Water Act, and the National Pollutant Discharge
Elimination System (NPDES) program, implementing construction -
related Best Management Practices (BMPs) and Standard Urban
Stormwater Mitigation Plan (SUSMP) criteria. With project design
features related to the storm drain system, conditions of approval and
mitigation measures, potentially significant water quality impacts would
be reduced to a levels less than significant.
I. A preliminary soils report or geologic hazard report does not indicate
adverse soil or geologic conditions; and
The grading will be constructed, operated, and maintained in
accordance with the recommendations contained in the preliminary
geotechnical investigation to assure that geotechnical stability is
maintained or increased.
m. The proposed subdivision is consistent with all applicable provisions of
the City's subdivision ordinance, the development code, and the
subdivision map act.
,The proposed subdivision is consistent with the concurrently proposed
Site D Specific Plan and will be required to comply with the City's
subdivision ordinance, subdivision map act, and applicable
development code.
Specific Plan Findings: Pursuant to Development Code Section 22.60 of
the City's Municipal Code and California 'Government Code Section
65451, the Planning Commission recommends that the City Council make
6
Planning Commission Resolution No. 2010 -XX (Approval of TTM and SP)
the following findings: -
n. Shows the distribution, location and extent of the land uses proposed
within the area covered by the specific plan, including open space
areas;
The Site D Specific Plan document contains plans showing the
distribution, location and extent of the uses of land, including open
space areas.
o. Shows the proposed distribution, location, extent and intensity of major
components of public and private drainage, energy, sewage, solid
waste disposal, circulation/transportation, water and other essential
facilities proposed to be located within the specific plan area and
needed to support the proposed land uses;
The Site D Specific Plan includes the proposed distribution, location,
extent and intensity of major components of public and private
transportation and all other essential facilities will be reviewed upon
submittal of a development proposal.
p. Includes standards, criteria and guidelines by which development will
proceed, and standards for conservation, development and utilization
of natural resources, where applicable;
The Site D Specific Plan includes standards, criteria and guidelines by
which development will proceed, and standards for conservation,
development and utilization of natural resources.
q. Includes a program of implementation measures, including regulations,
programs, public works and financing measures necessary to carry out
the proposed land uses, infrastructure and development and
conservation standards and criteria; and
The Site D Specific Plan includes a program of implementation
measures, including regulations necessary to carry out the proposed
land uses, infrastructure and development and conservation standards
and criteria.
r. Includes a discussion of the relationship of the specific plan to the
general plan.
The Site D Specific Plan includes a statement attesting to the
consistency of the specific plan with the City's General Plan.
5. Based on the findings and conclusions set forth herein, the Planning
Commission hereby finds and recommends that the City Council approve
Specific Plan No. 2007-01 and Tentative Tract Map No. 70687, subject to
7
Planning Commission Resolution No. 2010 -XX (Approval of TTM and SP)
the following conditions, the attached Conditions of Approval and the
Mitigation Reporting and Monitoring Program:
a. GENERAL
1. This approval for Site D Specific Plan and Tentative Tract Map No.
70687 shall be null and void and of no effect unless the EIR (SCH
#2008021014) is certified, the Mitigation Reporting and Monitoring
Program, Facts and Findings and Statement of Overriding
Considerations are adopted, and General Plan Amendment No.
2007-03 and Zone Change No. 2007-04 are approved;
2. The development shall comply with the Mitigation Reporting and
Monitoring Program for EIR (SCH #2008021014). A copy is
attached hereto and referenced herein; and
3. The development shall comply with the Conditions of
Approval/Performance Standards in the Site D Specific Plan. A
copy is attached hereto and referenced herein.
b. TENTATIVE TRACT CONDITIONS
1. The development shall provide parcels, easements or rights-of-way
for streets, water supply and distribution systems, sewage disposal
systems, storm drainage facilities, solid waste disposal and public
utilities providing electric, gas and communications services;
2. The development shall mitigate or eliminate environmental
problems identified through the environmental review process,
except where a statement of overriding considerations has been
adopted incompliance with CEQA;
3. The development shall carry out the specific requirements of
Chapter 21.30 (Subdivision Design and Improvement
Requirements) and Chapter 21.34 (Improvement Plans and
Agreements) of the Subdivision Ordinance;
4. The development shall secure compliance with the requirements of
the Subdivision Ordinance and the general plan;
5. Any designated remainder parcels shall not be subsequently sold
or further subdivided unless. a certificate or conditional certificate of
compliance (Chapter 21.28) is obtained in compliance with the
Subdivision Ordinance;
6. The development shall dedicate additional land for bicycle paths,
and local transit facilities (including bus turnouts, benches, shelters,
8
Planning Commission Resolution No. 2010 -XX (Approval of 17M and SP)
etc.), in compliance with subdivision map act chapter 4, article 3,
where required by the general plan; and
7. The tentative tract map shall be modified to be consistent with the
land use plan adopted as part of the Specific Plan.
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:
Walnut Valley Unified School District, 880 South Lemon Avenue, Walnut,
CA 91789.
APPROVED AND ADOPTED THIS 27th DAY OF APRIL 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Tony Torng, Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 27th day of April, 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
9
Planning Commission Resolution No. 2010 -XX (Approval of TTM and SP)
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Attachment 4
THIS MEMORANDUM OF UNDERSTANDING ("Memorandum") is executed as of July 1, 2007 by and
between the City of Diamond Bar, California, a municipal corporation ("City") and the Walnut Valley Unified
School District, a unified school district organized under the California Education Code ("District"), hereinafter
together occasionally referred to as "the parties."
TTI_._��
A. District owns an undeveloped parcel of real property within the territorial limits of City ("School
Property"), and legally described in Exhibit A-1 and depicted in Exhibit A-2 attached hereto and incorporated
herein by reference. District has found the School Property to be unnecessary for future school use and has
declared it surplus property.
B. City owns an approximate .93 acre undeveloped parcel of real property'immediately adjacent to the
School Property ("City Property"), legally described in Exhibit A-3 and depicted in Exhibit A-4, attached hereto
and incorporated heroin by reference.
C. District desires the disposition of the School Property to yield the maximum return to the District for the
benefit of its constituents and its educational mission. City desires that the School Property and City Property
(collectively referred to hereinafter as "Site D")�be developed in a manner as to assure compatibility with and to
meet the needs of the surrounding area, to provide a desirable level of sales tax revenues to the City. The legal
description of Site D is described in Exhibit A-5 and depicted in Exhibit A-6, attached hereto and incorporated
herein by reference.
D. In light of the foregoing, the parties desire to cooperate and collaborate in the planning of the future land
use and zoning designations for Site D in order that District and City may each advance its respective objectives
for the disposition of the property.
NOW THFRFFORE, in consideration of the foregoing, City and District hereby agree as follows:
ProDaration of—Specific Plan.
1.1 City agrees to engage the services of TRG Land, Inc. to prepare a specific plan for Site D in
accordance with California Government Code sections 65450 through 65457, pursuant to its
proposal dated June 6, 2007, and to advance the cost of preparation of the specific plan.
12 District shall reimburse City the cost of preparation of the specific plan upon sale of Site D, the
reimbursement to be paid through escrow, from the proceeds of the sale. The reimbursement
shall consist of the final direct cost of TRG Land Inc.'s services, the additional cost of associated
consulting services provided by TRG's subconsultants and others for civil engineering,
geotechnical engineering and environmental services, plus an administrative overhead charge of
five percent ( 5%) of the total of the foregoing reflecting City staff time and public hearing
expenses. Total reimbursement pursuant to this paragraph shall not exceed the sum of Two
Hundred Ninety -Four Thousand Four Hundred Ninety-five Dollars and 45/100 ($294,495.45)
absent written consent of District, which consent shall not be unreasonably denied or delayed.
The not to exceed costs of TRG Land, Inc. and its subconsultants for the services to be rendered
under this Memorandum are attached hereto as Exhibit B and incorporated herein by this
reference.
1.3 The specific plan will include a mix of residential and commercial uses as more specifically
described in the agreement for services between City and TRG Land, Inc based upon a mutually
agreed upon site map such as is attached hereto as Exhibit C and incorporated herein by this
reference. Of the usable acreage on Site D, a minimum of fifty percent (50%) will b i e designated
for residential development, and fifty percent (50%) will be designated for commercial use,
exclusive'of necessary infrastructure. Should the specific plan adopted by City provide for less
residential development than the minimum described above, District may, at its sole discretion,
elect to be released from the reimbursement obligation set forth in paragraph 1.2 above, and
upon such election shall have no further obligations under this Memorandum.
2. Consideration of Specific Plan by
2.1 City agrees to present the specific plan prepared pursuant to Paragraph I to its Planning
Commission and City Council for consideration. Nothing herein, however, constitutes a
commitment or guaranty that City will adopt the specific plan. City reserves* all of its police
powers relative to consideration of the specific plan, and City's Planning Commission and City
Council retain the discretion to take any such action each deems appropriate with respect to the
specific plan. Nothing contained herein shall be deemed to limit, restrict, amend or modify, nor
to constitute a waiver or release of, the discretion vested in the City by its Municipal Code to
make independent judgments, findings and decisions with regard to the approval or disapproval
of the specific plan.
2.2 City agrees to use best efforts, subject to force mejeure events beyond its control, to process the
specific plan and related entitlements in accordance with . the schedule attached hereto as Exhibit
D and incorporated herein by this reference thereto.
Sale of Site D by.District/City.
3.1 Upon City's approval of the specific plan for the development of Site D, District agrees to use
its best efforts to sell the School Property as entitled by the City for the fair market value, in
accordance with the provisions of California Education Code commencing with section 17455.
City agrees to use its best efforts to sell the City Property for the fair market value. The parties
agree to cooperatively work with each other to coordinate the sale of Site D.
3.3 In the event District and/or City fails to receive a responsive bid for either the residential or
commercial components of Site D, as applicable, within thirty (30) days following the date in
which no responsive bid has been received, the parties agree to, meet in good faith to identify
mutually acceptable option(s) to sell Site D.
4. Term.
This Memorandum shall commence on July 1, 2007 and remain in effect until the actions contemplated
herein have been fully consummated Notwithstanding, the parties agree, subject to force mejeure events
beyond the reasonable control of the parties, that should the specific plan for Site D not be approved by City
within eighteen (18) months from the date and year first written above consistent with the schedule attached as
Exhibit D, either party may terminate this Memorandum upon providing written notice to the other party. In
the event this Memorandum is terminated pursuant to this paragraph 4, District shall be released from the
reimbursement obligation set forth in paragraph 1.2 above.
5. Binding Effect.
This Memorandum is binding on the parties in accordance with its terms. The parties signing below
represent and warrant that they have the legal authority to bind the party for whom they are signing.
6. Indemni .
Each party agrees to indemnify, defend, and hold harmless the other party, its officers, agents and
employees from any and all liabilities, claims, or losses of any nature, including reasonable attorneys' fees and
costs of suit, to the extent caused by, arising out of, or in connection with, the indemnifying party's negligent or
wrongful acts or omissions arising from its respective activities pursuant to this Memorandum,
7. Governing Law.
This Agreement shall be governed by the laws of the State of California.
8. Notices.
All notices pennitted or required under this Memorandum shall be in writing, and shall be deemed made
when delivered to the applicable party at the following addresses either by first class, mail postage prepaid,
facsimile or personal delivery:
If to City:
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
Attention: City Manager
If to District:
Walnut Valley Unified School District
880 South Lemon Avenue
Walnut, CA 91789
Attention: Superintendent
9. Entire Agreement
This Memorandum represents the entire integrated agreement between the parties and supersedes all
prior negotiations, representations or agreements, written or oral, regarding the joint program provided for
herein. This Memorandum may be amended only by a written instrument signed by the parties.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Understanding as of the date and year
first written above.
Dated: JUNr��'�o 2007
Dated: P2007
CITY OF DR
OND BA
By:
Jahies estefar%o
City Manager
WALNUT VALLY UNIFIED SCHOOL DISTRICT
LE
Kent L. Bechler, Ph.D.
Superintendent
LEGAL DESCRIPTION OF SCHOOL PROPERTY
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL l:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 (BREA CANYON
CHANNEL) OF TRACT 27577, AS PER MAP RECORDED IN BOOK 702,PAGES 22 TO 25.
INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY, DISTANT THEREON NORTH 30,41' 18"
EAST 245.38 FEET FROM THE SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE
SHOWN ON SAID MAP AS HAVING A BEARING AND DISTANCE OF NORTH 3641'18" EAST
745.38 FEET; THENCE SOUTH 5018'42" EAST 235.80 FEET; THENCE SOUTH 71`00113" EAST
580.00 FEET; THENCE SOUTH 34000'00" EAST, 120.00 FEET; THENCE NORTH 56'0'00" EAST
340.00 FEET; THENCE NORTH 40'00" EAST 980.00 FEET; THENCE NORTH 2$07'43"WEST
570.00 FEET TO A POINT IN THE SOUTHEASTERLY LINE OF DIAMOND BAR BOULEVARD,
AS SHOWN ON MAP OF TRACT 25991, AS PER MAP RECORDED IN BOOK 702 PAGES 16 TO
21 INCLUSIVE OF MAPS, RECORDS OF SAID COUNTY; SAID POINT BEING ON A CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 2050.00 FEET, A RADIAL LINE
TO SAID POINT BEARS SOUTH 2$7'43" EAST; THENCE SOUTHWESTERLY ALONG SAID
CURVE, ALONG THE SOUTHEASTERLY LINE OF SAID DIAMOND BAR BOULEVARD;
THROUGH A CENTRAL ANGLE OF fll'33" AN ARC DISTANCE OF 150.00 FEET; THENCE
TANGENT TO SAID LAST MENTIONED CURVE, ALONG THE SOUTHEASTERLY LINE OF
SAID DIAMOND BAR BOULEVARD SOUTH 66`03'50" WEST 875.89 FEET TO' THE
BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE, ALONG THE
SOUTHEASTERLY LINE OF SAID DIAMOND BAR BOULEVARD, THROUGH A CENTRAL
ANGLE OF 2050'10" AN ARC DISTANCE OF 381.83 FEET TO THE NORTHEAST CORNER OF
SAID LOT 76; THENCE SOUTH 3041'18" WEST, ALONG THE SOUTHEASTERLY LINE OF
SAID LOT 76, 500.00 FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION OF SAID SECTION 29 DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 OF TRACT 27577, AS
PER MAP RECORDED IN BOOK 702 PAGES 22 TO 25 INCLUSIVE OF MAPS, RECORDS OF
SAID COUNTY, DISTANT THEREON NORTH 3041'18" EAST 259.67 FEET FROM THE
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF
NORTH 3041'18" EAST AND A DISTANCE OF 745.38 FEET; THENCE CONTINUING ALONG
THE SOUTHEASTERLY LINE OF SAID LOT 76; NORTH 30'41'18" EAST 485.71 FEET TO THE
SOUTHERLY LINE OF DIAMOND BAR BOULEVARD, AS SHOWN ON MAP OF SAID TRACT
27577; SAID SOUTHERLY LIME BEING EA�VRELY ALONG SAIDNORTHERLY
CURVE AND HAVING
A
RADIUS OF 1050.00 FEET; THENCE
CENTRAL ANGLE OF 4¢21'50" AN ARC DISTANCE OF 79.97 FEET; THENCE SOUTH 3(14118"
WEST 527.99 FEET TO A LINE THAT BEARS SOUTH 63606 EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 63Q26'06" WEST 64.82 FEET TO THE POINT OF BEGINNING.
ALSO EXCEPT THEREFROM SAID LAND ALL OIL, GAS AND OTHER HYDROCARBONS
AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN OR
THEREUNDER OR PRODUCIBLE THEREFROM, TOGETHER WITH THE FREE AND
UNLIMITED RIGHT TO MINE, STORE, DRILL AND BORE BENEATH THE SURFACE OF
SAID LAND AT ANY LEVEL OR LEVELS 500 FEET OR MORE BELOW THE SURFACE OF
SAID LAND FOR THE PURPOSE OF DEVELOPING OR REMOVAL OF SUCH SUBSTANCES,
PROVIDED THAT THE SURFACE OPENING OF SUCH WELL AND ALL OTHER SURFACE
FACILITIES SHALL BE LOCATED ON LAND OTHER THAN DESCRIBED HEREIN, AND
SHALL NOT PENETRATE ANY TART OF PORTION OF THE ABOVE DESCRIBED REAL
PROPERTY WITHIN 500 FEET OF THE SURFACE THEREOF, AND ALL OF THE RIGHTS SO
TO REMOVE SUCH SUBSTANCES ARE HEREBY SPECIFICALLY RESERVED, INCLUDING
THE RIGHT TO DRILL FOR, PRODUCE AND USE WATER FROM SAID REAL PROPERTY IN
CONNECTION WITH SUCH OPERATIONS, AS EXCEPTED AND RESERVED BY
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION WHICH ACQUIRED TITLE
AS CAPITAL COMPANY, A CORPORATION, IN DEED RECORDED AUGUST 12, 1964 AS
INSTRUMENT NO. 1401.
PARCEL 2:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO
BASE AND MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE SOUTHEASTERLY LINE OF LOT 76 OF TRACT 27577, AS
PER MAP RECORDED IN BOOK 702, PAGES 22 TO 25, INCLUSIVE OF MAPS, RECORDS OF
SAID COUNTY, DISTANT THEREON NORTH 3041'1
SOUTHWESTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING OF
NORTH 3(f41'18" EAST AND A DISTANCE OF 745.38 FEET; THENCE CONTINUING ALONG
THE SOUTHEASTERLY LINE OF SAID LOT 76, NORTH 30'41'18" EAST, 4$5.71 FEET TO THE
SOUTHERLY LINE OF DIAMOND BAR BOULEVARD, AS SHOWN ON MAP OF SAID TRACT
27577, SAID SOUTHERLY LINE) BEING A CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 1050.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH CENTRAL
ANGLE OF X41'50" AN ARC DISTANCE OF 79.97 FEET; THENCE SOUTH 3(141'18" WEST
527.99 FEET TO A LINE THAT BEARS SOUTH 63Q26'06" EAST FROM THE POINT OF
BEGINNING; THENCE NORTH 63°26'06" WEST 64.82 FEET TO THE POINT OF BEGINNING.
EXCEPT THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN OR THEREUNDER, TOGETHER
WITH THE EXCLUSIVE RIGHT TO DRILL FOR, PRODUCE, EXTRACT, TAKE AND MINE
THEREFROM SUCH OIL, GAS AND OTHER HYDROCARBONS AND MINERALS AND TO
STORE THE SAME UPON THE SURFACE OF SAID LAND; TOGETHER WITH THE RIGHT TO
STORE UPON THE SURFACE OF SAID LAND, OIL, GAS AND OTHER HYDROCARBONS
AND MINERALS WHICH MAY BE PRODUCED FROM OTHER LANDS, WITH THE RIGHT OF
ENTRY THEREON FOR SAID PURPOSES, AND WITH THE RIGHT TO CONSTRUCT, USE,
MAINTAIN, ERECT, REPAIR, REPLACE AND REMOVE THEREON. AND THEREFROM, ALL
PIPE_ LINES, TELEPHONE AND TELEGRAPH LINES, TANKS, MACHINERY, BUILDINGS
AND OTHER STRUCTURES WHICH. MAY BE NECESSARY AND REQUISITE TO CARRY ON
OPERATIONS ON SAID LAND, WITH THE FURTHER RIGHT TO ERECT, MAINTAIN,
OPERATE AND REMOVE A PLANT, WITH ALL NECESSARY APPURTENANCES FOR THE
EXTRACTION OF GASOLINE FROM GAS, INCLUDING ALL RIGHTS NECESSARY OR
CONVENIENT THERETO, AS EXCEPTED AND RESERVED IN THE DEED FROM
TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29,
1968 AS INSTRUMENT NO. 2456, IN BOOK D3955 PAGE 185, OFFICIAL RECORDS AND RE-
RECORDED JUNE 19, 1969 AS INSTRUMENT NO. 1776 IN BOOK D4407 PAGE 591, OFFICIAL
RECORDS.
SAID INTEREST WAS CONVEYED TO TRANSAMERICA MINERALS COMPANY, A
CALIFORNIA CORPORATION, BY DEED RECORDED JUNE 20, 1985 AS INSTRUMENT NO.
85-74005.
AN INSTRUMENT PURPORTEDLY QUITCLAIMING, RELEASING AND SURRENDERING
ONLY THE SURFACE RIGHTS TO A DEPTH OF 500 FEET AND PROVIDING FOR REMOVAL
OF ALL GAS, MINERALS AND HYDROCARBONS BELOW SAID DEPTH AS CONVEYED TO
TRANSAMERICA DEVELOPMENT COMPANY, A CALIFORNIA CORPORATION BY DEED
RECORDED JANUARY 5, 1987 AS INSTRUMENT NO. 87-10522.
EXalBIT A -Z
MAP OF SCHOOL PROPERTY
&-svil'33'
K-2050,00'
R=1050.ov
1361.84p! F?, EC, 20
R=1050.01,
T 2 F? W,
R-105o.ou,
L-79.97'
PARCEL 1
PARCEL 2 28.01 ACRES
0.75 ACRES
CA6a,
"P.O.D. "(10.
-oo.Co
'Zo.
SCALE-. 1"-300'
J,
pMW ENGIMMURG, INC. ONE TECHNOLOGY PMZK J-725, IRVINE. CA. 92618 (949) 753-8111
4
�
LEGAL DESCRIPTION OF CITY PROPERTY
THE LEGAL DESCRIPTION OF THE PROPERTY IS:
ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES, STATE
OF CALIFORNIA, DESCRIBED AS FOLLOWS:
THAT PORTION OF SECTION 29, TOWNSHIP 2 SOUTH, RANGE 9 WEST, SAN BERNARDINO
MERIDIAN COUNTY OF LOS ANGELES, STATE OH 56 CALIFORNIA
NCLUSVE OF RECORD OFRECORD
SOURVEY, IN
SURVEY, FILED IN BOOK 76 PAGES 51 THROU
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
BEING DESCRIBED AS FOLLOWS:
THAT AREA SHOWN AS "NOT A PART OF THIS SUBDIVISION ON THE MAP OF TRACT NO.
27577, AS PER MAP RECORDED IN BOOK 702PAGES 22
THROUGH 25 INCLUSIVE OF MAPS
IN THE OFFICE OF THE COUNTY RECORDER 0E SAID
SAID AREA BEING BOUNDED ON THE NORTHWEST BY SOUTHEASTERLY LINE OF BREA
CANYON ROAD, AS SHOWN ON MAP OF SAID TRACT 27577; BOUNDED ON THE NORTH BY
THE SOUTHERLY LINE OF DIAMOND BAR BOULEVARD,NORTHWEOWN ON STERLY LINE OF LOTAP OF D76�AST
NO. 27577; BOUNDED ON THE SOUTHEAST BY THE
SHOWN ON MAP OF SAID TRACT NO. 27577; BOUNDED ON THE SOUTHWEST BY THE
NORTHEASTERLY LINE OF LOT 39, THE NORTHERLY TERMINUS OF CASTLE ROCK ROAD,
AND THE NORTHERLY LINE OF TEN (10) FOOT WALK, ALL BEING SHOWN ON MAP OF SAID
TRACT NO. 27577.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON SUBSTANCES
LYING BELOW THE SURFACE OF SAID LAND, BUT WITH NO RIGHT OF SURFACE ENTRY, AS
PROVIDED IN DEEDS OF RECORD.
EXHIBIT A-4
MAP OF CITY PROPERTY
U
EXHIBIT A-5
LEGAL DESCRIPTION OF SITE D
Dit
M" OF SITE D
EXHIBIT B
SITE D COSTS AND MILESTONES
Site 'D' Costs and Milestones
13 -Jun -07
Costs
TRG Land
PENCO Engineering
KFM Geoscience
Environmental Impact Sciences
Linscott, Law & Greenspan engineers
PCR
Total
Services
Reiinbursables
Total
$�-67,340.00
$3,000-00
$70,340.00
$47,008.00
$ 01.00
$4,701-00
$51,709-00
$ , 09
$26,500-00
$26,500.00
$66,970.00
$66,970.00
$40,400.00
$40,400.00
$24,990-00
$24,990.00
$248,218.00
Milestones
Phase I
701.00 1 $280,909.00 -
Team Meeting
EIR Administrative Draft Initial Study / Obtain signature on NOP
Begin 30 day comment period
Preliminary Specific Plan Outline
Preliminary Grading Plan
Preliminary Review of available Geotechnical
Reports
Geotechnical Field Investigation and Laboratory Testing
Traffic Count Study
Preliminary Review and Sensitive Habitat
Assessment
Begin Biological Field Investigation
Preliminary Hydrology / Drainage
Team Meeting
Phase 11
Phase III
Phase IV
EIR Technical Studies
Administrative Draft EIR
Finalize Site Plan and Grading
Begin Draft Specific Plan and Graphics
Begin Draft Geotechnical Report
Begin Draft Screencheck Traffic Report
Finish Biological Field Survey
Prepare Biological Resource Report
Begin Tract Map
Prepare Water Quality Report
Team
Draft EIR
45 Day Comment Period
Finalize Specific Plan
Finalize Tentative Tract Map
Preliminary Cost Estimates for Land Improvements
Finalize Evaluation of Geotechnical Constraints
Final Environmental Impact Report
Team Meeting
Planning Commission Hearings
Citv Council Hearings
SITE MAP
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Attachment 7
TABLE 11 -1
YEAR 2007 SUMMARY OF RECOMMENDED IMPROVEMENTS AND COST ESTIMATES
Key Intersection
Improvement Description
Preliminary
Cost Estimate
12. Pathfinder Road at
Widen and/or re -stripe eastbound Brea Canyon Cutoff Road
$357,813.00
Brea Canyon Cutoff Road
to provide one left -turn lane, two through lanes and a
separate right -turn lane. The implementation of this
improvement may require some modification to existing
traffic signal equipment (i.e. re-cut/install new vehicle loop
detectors, modification to traffic signal controller).
14. SR -57 SB Ramps at Brea
Install traffic signal. The implementation of this
$228,125.00
Canyon Cutoff Road/Diamond
improvement may require some modification to existing
Bar Boulevard
signing and striping on Brea Canyon Cut-off or SR -57 SB
ramp 32 .
17. Cherrydale Drive at Diamond
Provide an option left/through lane and a separate right -tum
$308,250.00
Bar Boulevard
lane on the northbound approach; re -stripe southbound
approach to provide an option left/through/right-tum lane
on Cherrydale. Widen eastbound approach to provide a
separate right -turn lane. Modify median and restripe
Diamond Bar Boulevard to provided dual westbound left -
turn lanes. Install traffic signal. The implementation of this
improvement may require some modification to existing
signing and striping on Cherrydale Drive or Diamond Bar
31
Boulevard
Total Costs of Year 2007 Improvements
$894,188.00
32 Appendix D contains -traffic signal wan -ant worksheets for this intersection.
LwscoTT, LAw & GREENSPAN, engineers 38 LLG Ref. 2-07-2918
NVVUSD Site D Mixed -Use Development, Diamond Bar
N: 21100 20729 1 F, Repon 2918 \VVUSD Site D Mked-1 �,e TIA 4-23-09.doc
TABLE 11-2
YEAR 2010 SUMMARY OF- RECOMMENDED IMPROVEMENTS AND COST ESTIMATES
Key Intersection
Improvement Description
Preliminary
Cost Estimate
1. - Brea Canyon Road (West) at
Widen and/or re -stripe Pathfinder to provide a second
$280,750.00
Pathfinder Road
eastbound left -turn lane and a second westbound right -turn
lane. The implementation of this improvement may require
some modification to the existing traffic signal equipment
(i.e. re-cut/install new vehicle loop detectors, modification
to traffic signal controller.
5. Diamond Bar Boulevard at
Re -stripe northbound approach and departure on Diamond
$572,575.00
Pathfinder Road
Bar Boulevard to provide a third through lane, and re -stripe
existing bike lane as necessary. Widen and re -stripe
southbound approach and departure on Diamond Bar
Boulevard to provide a second right -turn lane and a third
through lane. The implementation of this improvement' may
require some modification to existing traffic signal
equipment (i.e. re-cut/install new vehicle loop detectors,
modification to traffic signal controller), as well as the
termination of the existing bike lane.
12. Pathfinder Road at
Widen and/or re -stripe Pathfinder Road to provide separate
$729,688.00
Brea Canyon Cutoff Road
northbound and southbound right -turn lanes. Widen and/or
re -stripe Brea Canyon Cutoff Road to provide two
eastbound and westbound through lanes and a separate
eastbound right -turn lane. The implementation of this
improvement may require some modification to existing
traffic signal equipment (i.e. re-cut/install new vehicle loop
detectors, modification to traffic signal controller).
14. SR -57 SB Ramps at Brea
Same at Year 2007 improvements. Install traffic signal. The
$228,125.00
Canyon Cutoff Road/Diamond
implementation of this improvement may require some
Bar Boulevard
modification to existing signing and striping on Brea
Canyon Cut-off or SR -57 SB ramps33
16. Brea Canyon Road at Diamond
Widen and/or re -stripe northbound approach on Brea
$684,125.00
Bar Boulevard
Canyon Road to provide a second right -turn lane. Widen
and/or re -stripe eastbound approach and departure on
Diamond Bar Boulevard to a third through lane. Re -stripe
westbound approach on Diamond Bar Boulevard to provide
a second left -tam lane. The implementation of this
improvement may require some modification to existing
traffic signal equipment (i.e. re-cut/install new vehicle loop
detectors, modification to traffic signal controller), as well
as the termination of the existing bike lane.
Subtotal
$2,495,263.00
33 Appendix D contains traffic signal warrant worksheets for this intersection.
LINscoTT, LAw & GREENSPAN, engineers 39
LLG Ref. 2-07-2918
WVUSD Site D Mixed -Use Development, Diamond Bar
N:2900207'918 RepowN IS XVVLISD.1;iie D.Nlked-t Ise TIA 4-23-09.doc
TABLE 11-2 (CONTINUED)
YEAR 2010 SUMMARY OF RECOMMENDED IMPROVEMENTS AND COST ESTIMATES
34 Appendix D contains traffic signal warrant worksheets for this intersection.
LINScoTf, LAw & GREENSPAN, engineers 40 LLG Ref. 2-07-2918
WVUSD Site D Mixed -Use Development, Diamond Bar
N 2900 3117141 S Repon 2913 WVU.4D Site D \gised-('se 71.14 ?3-00.doe
Preliminary
Key Intersection
Improvement Description
Cost Estimate
17. Cherrydale Drive at Diamond
Same at Year 2007 improvements. Provide an option
$308,250.00
Bar Boulevard
left/through lane and a separate right -turn lane on the
northbound approach; re -stripe southbound approach to
provide an option left/through/right-turn lane on
Cherrydale. Widen eastbound approach to provide a
separate right -turn lane. Modify median and restripe
Diamond Bar Boulevard to provided dual westbound left -
turn lanes. Install traffic signal. The implementation of this
improvement may require some modification to existing
signing and striping on Cherrydale Drive or Diamond Bar
Boulevardsa
18. Brea Canyon Road at
Re -stripe northbound approach/departure and southbound
$37,500.00
Silver Bullet Drive
approach/departure on Brea Canyon Road to provide a
second tlu-ough lane. The implementation of this
improvement may require some modification to existing
traffic signal equipment (i.e. re-cut/install new vehicle loop
detectors, modification to traffic signal controller).
19. Diamond Bar Boulevard at
Widen and re -stripe northbound, southbound, eastbound
$1,509,625.00
Grand Avenue
and westbound approaches to provide 2 left -turn lanes, 3
through lanes, and 1 right -turn lane. The implementation of
this improvement may require some modification to
existing traffic signal equipment (i.e. re-cut/install new
vehicle loop detectors, modification to traffic signal
controller).
20. Colima Road at
Widen and/or re -stripe Brea Canyon Cutoff Road to provide
$500,000.00
Brea Canyon Cutoff Road
a separate right -turn lanes. The implementation of this
improvement may require some modification to existing
traffic signal equipment (i.e. re-cut/install new vehicle loop
detectors, modification to traffic signal controller).
Subtotal
$2,355,375.00
Total Costs of Year 2010 Improvements
$4,850,638.00
34 Appendix D contains traffic signal warrant worksheets for this intersection.
LINScoTf, LAw & GREENSPAN, engineers 40 LLG Ref. 2-07-2918
WVUSD Site D Mixed -Use Development, Diamond Bar
N 2900 3117141 S Repon 2913 WVU.4D Site D \gised-('se 71.14 ?3-00.doe
TABLE 11-3
_YEAR2030 SUMMARY _OFRECOMMENDED. IMPROVEMENTS.AND_.COST ESTIMATES
Key Intersection
Improvement Description
Preliminary
Cost Estimate
1. - . Brea Canyon Road (West) at
_Similar to Year 2010 Improvements, widen and/or re -stripe
$280,750.00
Pathfinder Road
Pathfinder to provide a second eastbound left -turn lane and
a second westbound right -turn lane. The implementation of
this improvement may require some modification to the
existing traffic signal equipment (i.e. re-cut/install new
vehicle loop detectors, modification to traffic signal
controller.
5. Diamond Bar Boulevard at
Re -stripe eastbound through lane on Pathfinder Road to
$591,325.00
Pathfinder Road
provide an option left/through lane. Similar to Year 2010
Improvements, re -stripe northbound approach and departure
on Diamond Bar Boulevard to provide a third through lane,
and re -stripe existing bike lane as necessary. Widen and re -
stripe southbound approach and departure on Diamond Bar
Boulevard to provide a second right -turn lane and a third
through lane. The implementation of this improvement may
require some modification to existing traffic signal
equipment (i.e. re-cut/install new vehicle loop detectors,
modification to traffic signal controller), as well as the
termination of the existing bike lane.
10. Brea Canyon Road at
Re -stripe southbound approach to provide one left -turn
$9,375.00
Cold Spring Lane
lane, one through lane and one right -tum lane.
11. Diamond Bar Boulevard at
Re -stripe northbound approach and departure and
$18,750.00
Cold Spring Lane
southbound approach and departure on Diamond Bar
Boulevard to provide a third through lane. The
implementation of this improvement may require some
modification to existing traffic signal equipment (i.e. re-
cut/install new vehicle loop detectors, modification to
traffic signal controller).
12. Pathfinder Road at
Similar to Year 2010 Improvements, widen and/or re -stripe
$729,688.00
Brea Canyon Cutoff Road
Pathfinder Road to provide separate northbound and
southbound right -turn lanes. Widen and/or re -stripe Brea
Canyon Cutoff Road to provide two eastbound and
westbound through lanes and a separate eastbound right -
turn lane. The implementation of this improvement may
require some modification to existing traffic signal
equipment (i.e. re-cut/install new vehicle loop detectors,
modification to traffic signal controller).
14. SR -57 SB Ramps at Brea
Same at Year 2007 improvements. Install traffic signal. The
$228,125.00
Canyon Cutoff Road/Diatnond
implementation of this improvement may require some
Bar Boulevard
modification to existing signing and striping on Brea
Canyon Cut-off or SR -57 SB ramps35.
Subtotal
$1,858,013.00
35 Appendix D contains traffic signal warrant worksheets for this intersection.
L_INScoTT, LAw & GREENSPAN, engineers 42 LLG Ref. 2-07-2918
WVUSD Site D Mixed -Use Development, Diamond Bar
14.,_'1)00 307N)18 Repon',2913 %VVUSD Site D 9li ;od-Use TiA 4-2340 doc
TABLE 11-3 (CONTINUED)
YEAR 2030 SUMMARY OF RECOMMENDED IMPROVEMENTS AND COST ESTIMATES
Key Intersection
Improvement Description
Preliminary
Cost Estimate
15. SR -57 NB Ramps at Brea
Widen NB off -ramp to provide a third approach lane and
Canyon Cut-off/Diamond Bar
stripe off -ramp to provide a northbound left -turn lane, and
Boulevard
option left -through -right lane, and a right -turn lane. The
implementation of this improvement may require some
modification to existing traffic signal equipment (i.e. re-
cut/install new vehicle loop detectors, modification to
traffic signal controller).
16. Brea Canyon Road at Diamond
Similar to Year 2010 Improvements, widen and/or re -stripe
$684,125.00
Bar Boulevard
northbound approach on Brea Canyon Road to provide a
second right -turn. lane. Widen and/or re -stripe eastbound
approach and departure on Diamond Bar Boulevard to a
third through lane. Re -stripe westbound approach on
Diamond Bar Boulevard to provide a second left -turn lane.
The implementation of this improvement may require some
modification to existing traffic signal equipment (i.e. re-
cut/install new vehicle loop detectors, modification to
traffic signal controller), as well as the termination of the
existing bike lane.
17. Cherrydale Drive at Diamond
Same at Year 2007 improvements. Provide an option
$454,875.00
Bar Boulevard
left/through lane and a separate right -turn lane on the
northbound approach; re -stripe southbound approach to
provide an option left/through/right-tum lane on
Cherrydale.. Widen and/or re -stripe eastbound approach
and departure on Diamond Bar Boulevard to a third through
lane and provide a separate right -turn lane. Modify median
and restripe Diamond Bar Boulevard to provided dual
westbound left -tum lanes. Install traffic signal. The
implementation of this improvement may require some
modification to existing signing and striping on Cherrydale
Drive or Diamond Bar Boulevard36
18. Brea Canyon Road at
Similar to Year 2010 Improvements, re -stripe northbound
$37,500.00
Silver Bullet Drive
approach/departure and southbound approach/departure on
Brea Canyon Road to provide a second through lane. The
implementation of this improvement may require some
modification to existing traffic signal equipment (i.e. re-
cut/install new vehicle loop detectors, modification to
traffic signal controller).
Subtotal
$1,531,500.00
36 Appendix D contains traffic signal warrant worksheets for this intersection.
LiNscoTT, LAw & GReENSPAN, engineers 43 LLG Ref. 2-07-2918
WVUSD Site D Mixed -Use Development, Diamond Bar
.14:,21)00 2072918 Repon 2913 She 1) Nfl•md-Llse *1 1A 4-23-09 doe
TABLE 11 -3 (CONTINUED)
YEAR 2030 SUMMARY OF RECOMMENDED IMPROVEMENTS AND -COST ESTIMATES
LINscoTT; IAw & GREENSPAN, engineers 44 LLG Ref. 2-07-2918
WVUSD Site D Mixed -Use Development, Diamond Bar
N:',IgOO 207291 S Re ?on 3013 W%'IJSD Site D Mi\ed-Use TI A a 23dW .doc
Preliminary
Key Intersection
Improvement Description
Cost Estimate
19. Diamond Bar Boulevard at
Widen and/or re -stripe southbound and eastbound
$2,216;500.00
Grand Avenue
approaches to provide 2 left -turn lanes, 3 through lanes and
1 right -turn lane. Widen and re -stripe eastbound to provide
2 left -tum lanes, 4 through lanes and 1 right -turn lane. Re -
stripe northbound approach to provide 2 left -turn lanes, 3
through lanes, and 1 free-flow right -turn lane. Widen the
eastbound departure to accommodate the northbound free-
flow right -turn lane; additional ROW (11 feet) is required
from the existing parking lot on the south side of Grand.
The implementation of this improvement may require some
modification to existing traffic signal equipment (i.e. re-
cut/install new vehicle loop detectors, modification to
traffic signal controller).
20. Colima Road at
Widen and/or re -stripe Colima Road to provide a second
$1,299,375.00
Brea Canyon Cutoff Road
left -turn lane and separate right -tum lanes. Widen and /or
re -stripe Brea Canyon Cutoff Road to provide a second left -
tum lane and separate right -turn lanes. The implementation
of this improvement may require some modification to
existing traffic signal equipment (i.e. re-cut/install new
vehicle loop detectors, modification to traffic signal
controller).
Subtotal
$3,515,875.00
Total Costs of Year 2030 Improvements
$6,905,388.00
LINscoTT; IAw & GREENSPAN, engineers 44 LLG Ref. 2-07-2918
WVUSD Site D Mixed -Use Development, Diamond Bar
N:',IgOO 207291 S Re ?on 3013 W%'IJSD Site D Mi\ed-Use TI A a 23dW .doc
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Grace Lee
From:
Greg Gubman-
Sent
06 2010 12:56 PM
To:
Grace Lee
Cc:
James DeStefano; David Doyle; Brad Wohlenberg, Mark Rogers; JoAnne Sturges; Peter
Lewandowski
Subject:
FW: Objection to "Site D Specific Plan"
Importance: High
Grace,
For distribution to the PC B|on[J with any other correspondence VVB receive.
Greg GUbm@D
(909) 839-7065
\"""/~�=� `~�~~
From: Stella Marquez
Sent: Tuesday, April 06, 201012:54PM
To: Greg Gubnlan
Subject: FW: Objection to"Site O Specific Ran"
Importance: High
Senior Administrative Assistant
City ofDiamond Bar
Community Development Department
21825Copley Drive
Diamond Bar, CA&1TO'
phone: 909.839.7030
fax: 909.861.3117
e-mail.
From: Judy Leung [OlaiUD:shleVnO@hotnluU.con]
Sent: Tuesday, April O6,ZO1O12:O2PM
To: Carol Herrera; Steve Tye; ling@ci.diamcnd-ba r.ca.us; Ron Jack Tanaka; Stella Marquez
Subject: Objection to"Site OSpecific Plan"
Importance: High
To the Planning Commissioners and City Counsel members,
|amwriting this e-mail with deep frustration regarding the "Site [) Specific P|an". First ofall, | would like hoexpress
strongly my objection to the plan.
|. along with many local residents, were sdthe Public Hearing inthe neighborhood meeting itkscalled) cd
Heritage Park last Sept/Oct. All of us there expressed our opposition to this plan. Many of us got up to the podium to
express our views/opinion on our resentment to this Site D Specific Plan. Almost all of us stated our wish of having a
recreational park or city facilities (such as library) on that site. We all understand that with this economy, the school
district and City ofDiamond Bar are looking for "financial gain" in selling the land to developer. Again, as Planning
Commissioners and City Counsel members, you should not just consider the financial impact from selling the site. The
entire plan of this project should also integrate land use planning to improve the built and social environments of the
Did the Planning staff take the residents' opinion in this land use planning ?,Yes, alright, we have several public hearing.
But there really ksno"active public invokmmont. Have the Planning staff and the City really listened tothe public's needs
and preferences? I can only see more money is spent by hiring the consultant to do more so-called Environmental Impact
F{eportto"ehut.off'thepublic's needs and preferences. Has the {}ity.ofDiamond Bar. provide areal opportunity for the.
pub|ictomakethodecieionaafhactingtheircommuniUea?|oeUadandta|kedhoGnaoeLoe(onaofthep|ann|ngataf)in
regard tothe procedure ofdisapproving the project. | asked what iothe percentage cfresidents' objection needed tostop
the project toberecommnendadforopprova|. The answer from her iasuch criteria isnot existed. Then, borny
understanding, there are procedures for approval 0nthis project bUtnoprocedUretustgPthe approval Vfthe project,This
approval ofproject, without|oobingintothepqb|in'oneedaandprefonancem'wi||certain|y|ovvorthequa|ih/of|ifwforthe
communities and would be difficult to restore.
| understand ifthe Planning Commission approves this plan, itwill gotofinal
members. Grace Lee stated that the public hearing kabuprovide echance to express our opinions and viavvo*tothese
members and is up to us to convince these 8-10 members to approve or disapprove. She further stated that the Planning
Commission members are appointed bythe City Counsel and City Counsel members were elected bythe residents.
Therefore, the residents dohave the final "say so" onthe project. |fthis |ethe view from the City, this iyavery
"irresponsible" statement. When the City Counsel were elected, the project vvaanotthrowninthabab|eyetandhovv
would we know the standpoint ofthe would-be City Counsel members. Further' how would we know the appointed
Planning Commission's view on this issue. Being tax -payers and residents of the Qb\ we are "in e sense" paying the city
staff. Is the City and their staff doing the jobs for or against the residents ? You can easily know how vvefeel. The
"public hearing" is simply asession of "fake democracy".
Another thing that I noticed, the public hearing notice was sent 2 weeks ago to the property owners within 1,000 foot
radius from the site. First ofall, the ethnicity makeup inthe City is very diverse. Sending the notice in"Bm|ish"
only probably missing 30-4O96ofthe "audkanuo". |tiaalmost impossible for the residents togather any organized
community effort within a3week time period horeflect our objection. | will try myvery best tobapresent adnext week
public hearing J.|can find child care for mykid. That also tells you not all the residents are able toshow upatthe meeting
to express their opinion.
The main question here ishow much (as residents) have to show our resentment on this project and how many residents
that you need to hear from in order for you to believe our deep objection on this project and for you to make the
disapproval ? | don't get ananswer for that from the City staff. Does that mean this project inset for approval only since
the beginning and not otherwise regardless ofthe public's opinion ?
The other pointthat | don't understand ieGrace Lee mentioned that without this "Site O Specific P|on"'more than 80O
dwelling units can be build (and not commercial) instead of the 202 dwelling units. Please clarify what can and cannot ba
done with Site [) Specific Plan.
Being inthe Planning Commission and the City Counsel members, are you really doing your job tolisten and find out the
public's needs and preferences? You can hire another ten team of consultants to do more EIR, but does that really mean
the City fulfills their civil responsibilities in helping their own people? How many of you members live in the City of
Diamond Bar and reflect the real needs ofthe communities ? |ornvery tired ofall these red tapes. | know |probably
wasting mytime and effort inwriting this e-mail and the turn out ofthis project wmu|d beexactly like the Stadium project
...... regardless the residents' needs and preferences, the bottom line is money. Please donot disappoint your residents.
Don't forget you get e|ected/appointed, because inour minds you are FOR the residents.
Judy Leung
The New Busy is not the too busy. Combine all your e-mail accounts with Hotmail. Get busy.
PLANNING COMMISSION
AGENDA REPORT
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TFL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com
AGENDA ITEM NUMBER: 8.1
MEETING DATE: April 13, 2010.
CASE/FILE NUMBER: Development Code Amendment No. PL 2010-78
PROJECT LOCATION: Citywide
APPLICATION REQUEST: To amend Title 22 of the Diamond Bar Municipal
Code adopting regulations on group homes and
reasonable accommodation procedures.
PROPERTY OWNERS: Not Applicable
APPLICANT: Diamond Bar Community Development Department
STAFF RECOMMENDATION: Adopt the attached resolution recommending the
City Council approve Development Code
Amendment No. PL 2010-78 by adopting the
attached ordinance.
I --."m0 7"ou'TellhkTI
At the March 23, 2010 Planning Commission meeting, staff presented a draft ordinance
designed to prevent the proliferation of group homes in residential- areas. While accounting
for and providing clear definitions for state and federally protected group homes, the
ordinance set locational, distance, and other development standards meant to protect the
character of Diamond Bar's residential zones. In addition to these Group Home
regulations, the proposed ordinance also contained "reasonable accommodation"
provisions to ensure that disabled residents are able to obtain reasonable deviations from
the application of regulations when necessary to afford a disabled person an equal
opportunity to use and enjoy their home.
After review, the Planning Commission directed staff to revise the draft ordinance to
incorporate the following recommendations:
1. Additional Distancing Requirements for Group Residential Homes
Group Residential Homes are facilities such as rooming houses, dormitories, or senior
citizen rest homes that house up to 15 individuals. These facilities can often be
characterized as operating in a commercial -type manner that is fundamentally incompatible
with low-density residential zones and creates adverse impacts to the surrounding area.
Among other restrictions, the draft ordinance proposed that a Group Residential facility
may not be located within 300 feet of any other type of Group Home. Upon review, staff
has increased this distance requirement in the draft ordinance from 300 feet to 1,320 feet
(one-quarter of a mile) to avoid proliferation of Group Homes and Group Residential
facilities in a single neighborhood.
2. Additional Distancing Requirements for Parolee/Probationer Homes
Under the draft ordinance, Parolee/Probationer Homes, often called "halfway houses", are
subject to a CUP requirement, may only be located in multi -family zones and must also
meet significant distancing requirements from schools, libraries, parks, and other public
locations. The draft ordinance presented in March provided for an additional 5,000 foot
separation between Parolee/Probationer Homes. At the Commission's request, this
requirement has been increased to 10,000 feet in the draft ordinance. In response to the
Commission's direction, staff also recommends that the maximum number of
Parolee/Probationer Homes in Diamond Bar be limited to two.
3. Required Periodic CUP Compliance Checks
In addition to the requirements contained in the draft ordinance, any Group Home that is
required to secure a conditional use permit (CUP) will be subject to periodic checks to
ensure compliance. The frequency of the checks will be defined in the conditions of
approval.
Page 2
DCA 2009-051
4. On -Site Security at Parolee/Probationer Homes
The Commission requested that armed security be a requirement for all
Parolee/Probationer Homes. Staff believes the presence of armed security guards in
residential zones creates a fundamentally negative change to the character of the
residential neighborhoods and does not recommend this provision be included in the final
ordinance.
With these changes incorporated, Staff recommends the Planning Commission adopt a
Resolution recommending approval of Development Code Amendment No. PL 2010-78 to
the City Council.
Prepared by:
Ryas clean
Assistant to the City Manager
Reviewed by
Greg Gubm-a"n, AICP
Community Development Director
Attachments:
1. Draft Resolution of Approval and Draft Ordinance.
2. Group Residential Location Opportunities Map
3. Parolee/Probationer Home Constraints Map
Page 3
DCA 2009-051,
QARMZ�Mi
PLANNING COMMISSION
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL
APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT
NO. 2010-78 AMENDING TITLE 22 OF THE DIAMOND BAR
MUNICIPAL CODE ADOPTING REGULATIONS ON GROUP HOMES
AND REASONABLE ACCOMMODATION PROCEDURES.
1. On July 9, 2008, the City Council adopted Interim Urgency Ordinance
No. 04 (2008), instituting a 45 -day moratorium on group residential uses
not otherwise pre-empted under State law. The urgency ordinance was
subsequently extended 10 months and 16 days on August 19, 2008, and
again for one year on July 7, 2009.
2. On March 13, 2010, notice for the proposed amendments was published
in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant
to Planning and Zoning Law Government Code Section 65091 (a)(3), if the
number of property owners to whom a public hearing notice would be
mailed is greater than 1,000, a local agency may provide notice by placing
a display advertisement of at least one-eighth page in at least one
newspaper of general circulation. All persons wishing to testify at the
public hearing in connection with said amendment were heard, and said
amendment was studied.
3. On March 23, 2010, the Planning Commission held a duly noticed public
hearing on the proposed amendments, and continued the public hearing
to April 13, 2010.
4. On April 13, 2010, the Planning Commission closed said hearing.
5. The proposed amendments will not have a substantial adverse impact on
the environment and the project is exempt from the California
Environmental Quality Act (CEQA) as the activity is covered by the
general rule that CEQA applies only to projects which have the potential
for causing a significant effect on the environment, pursuant to
Section 15061 of the California Code of Regulations and Guidelines. This
determination is based on the following facts:
(a) The ordinance is tailored in such a manner that group homes
permitted in the City's single-family zones are limited to six or fewer
occupants, which is an occupancy level commensurate with what a
typical single-family residence can be reasonably expected to
accommodate; and
(b) More intensive group home classifications are limited to the City's
multi -family zones, and are subject to approval of a conditional use
permit. Should the proposed location be found unsuitable for such a
use, the City would have sufficient cause to deny the conditional use
permit application.
6. The proposed changes are consistent with multiple objectives and policies
in the City of Diamond Bar General Plan, including, but not limited to, the
following:
0 Land Use Element Obiective 1.2 — "Preserve and maintain the quality
of existing residential neighborhoods while offering a variety of housing
opportunities..."
Land Use Element Strategy 2.2.2 — "Prohibit the development of
adjacent land uses with significantly different intensities, or that have
operating characteristics which could create nuisances along a
common boundary, unless an effective buffer can be created."
Housinq Element Program I — "...promote housing opportunities for
all persons regardless of race, religion, sex, family size, marital status,
ancestry, national origin, color, age, or physical disability." ,
Draft 2008-2014 Housing Element Program 16 — "The City will amend
the Municipal Code in 2009 to include reasonable accommodation
procedures for persons with disabilities in compliance with SB 520."
Therefore, the amendments contained herein are consistent with the
goals, objectives and policies of the General Plan.
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. Based on the findings and conclusions set forth above, the Planning
Commission hereby recommends that the City Council approve
Development Code Amendment No. 2010-78 by adopting the ordinance
attached hereto as Exhibit "A" and incorporated herein by reference.
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
2
Planning Commission Resolution No. 2010-xx
(b) Forthwith transmit a certified copy of this Resolution to the City
Council.
APPROVED AND ADOPTED THIS 13th DAY OF APRIL 2010, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
M.
Tony Torng, Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted by the Planning Commission of
the City of Diamond Bar, at a regular meeting of the Planning Commission held on the
23rd day of March, 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
3
Planning Commission Resolution No. 2010-xx
Exhibit "A"
Section 1. The definition of "residential care home" and "single-family dwelling" shall
be repealed from the alphabetical list of definitions in Diamond Bar Municipal Code
section 22.80.020.
Section 2. The following definitions are added to the alphabetical list of definitions in
Diamond Bar Municipal Code section 22.80.020 to read as follows:
"Boarding or Rooming House" means a residence or dwelling unit, or part thereof,
wherein a room or rooms are rented under two or more separate written or oral rental
agreements, leases or subleases or combination thereof, whether or not the owner, agent
or rental manager resides within the residence.
"Fair Housing Laws" means the "Fair Housing Amendments Act of 1988" (42 U.S.C. §
3601, et seq.), including reasonable accommodation required by 42 U.S.C. § 3604
(f)(3)(B), and the "California Fair Employment and Housing Act" (California
Government Code Section 12900, et seq.), including reasonable accommodation required
specifically by California Government Code Sections 12927 (c)(1) and 12955 (1), as any
of these statutory provisions now exist or may be amended from time to time, and each
Act's implementing regulations.
"Family" means one or more persons living together as a single housekeeping unit in a
dwelling unit.
"Group homes" means all shared living arrangements where three or more persons are
not living together as a single housekeeping unit. This classification includes without
limitation Group Residential; Parolee -Probationer Homes; General, Small Licensed and
Small Unlicensed Residential Care Facilities; and Sober Living Homes.
"Group Residential" means shared living quarters, occupied by three or more persons not
living together as a single housekeeping unit. This classification includes without
limitation boarding or rooming houses, dormitories and senior citizen rest homes, but
excludes residential care facilities (general, small licensed, and small unlicensed).
"Individual with a disability," or "disabled. person" as more specifically defined under the
fair housing laws, means an individual who has a physical or mental impairment that
limits one or more of that person's major life activities; anyone who is regarded as having
such impairment; or anyone who has a record of having such an impairment, but not
including an individual's current, illegal use of a controlled substance.
"Minor Reasonable Accommodation" means any deviation requested and/or granted from
the strict application of the city's laws, rules, policies, practices and/or procedures of the
City, including land use and zoning regulations of this Title, and which can be removed
or terminated in ninety (90) days or less after the need for the reasonable accommodation
ends.
"Major Reasonable Accommodation" means any deviation requested and/or granted from
the strict application of the city's laws, rules, policies, practices and/or procedures of the
city, including land use and zoning regulations of this Title, resulting in a deviation from
the allowed uses and permit requirements of this Title, or a physical modification to the
property which cannot be restored or terminated within ninety (90) days or less after the
need for the reasonable accommodation ends.
"Parolee -Probationer Home" means any residential structure or unit, whether owned
and/or operated by an individual or a for-profit or nonprofit entity, which houses two or
more parolees -probationers unrelated by blood, marriage, or legal adoption, in exchange
for monetary or nomnonetary consideration given and/or paid by the parolee -probationer
and/or any public or private entity or person on behalf of the parolee -probationer. A
parolee -probationer includes: (1) any individual who has been convicted of a Federal
crime, sentenced to a United States prison, and received conditional and revocable release
in the corninunity under the supervision of a Federal Parole Officer; (2) any individual
who has served a tern of imprisonment in a State prison and who is serving a period of
supervised colrnnunity custody, as defined in Penal Code Section 3000, and is under the
jurisdiction of the California Department of Corrections, Parole and Community Services
Division; (3) an adult or juvenile sentenced to a tern in the California Youth Authority
and who has received conditional and revocable release in the coirnnunity under the
supervision of a Youth Authority Parole Officer; or (4) any individual who has been
convicted of a felony, sentenced to any correctional facility, including County
correctional facilities, and is under the jurisdiction of any Federal, State, or County Parole
or Probation Officer. For the purposes of this section, "felony" means a felony as defined
by any California or United States statute.
"Residential Care Facilities, General" means any place, site or building, or groups of
places, sites or buildings, licensed by the State or unlicensed, in which seven or more
individuals with a disability reside who are not living together as a single housekeeping
unit and in which every person residing in the facility (excluding the licensee, members
of the licensee's family, or persons employed as facility staff) is an individual with a
disability.
"Residential Care Facilities, Small Licensed" means State -licensed facilities that provide
care, services, or treatment in a community residential setting for six or fewer adults,
children, or adults and children and. which are required by State law to be treated as a
single housekeeping unit for zoning purposes. Small licensed residential care facilities
shall be subject to all land use and property development regulations applicable to single
housekeeping units. This term does not include child day care facilities or adult day care
facilities as those terns are defined in the Diamond Bar Municipal Code.
"Residential Care Facilities, Small Unlicensed" means any place, site or building, or
groups of places, sites or buildings, which is not licensed by the State of California and is
not required by law to be licensed by the State, in which six or fewer individuals with a
disability reside who are not living together as a single housekeeping unit and in which
every person residing in the facility (excluding persons employed as facility staff) is an
individual with a disability. Any place, site or building, or groups of places, sites or
buildings, which is not licensed by the State of California and is not required by law to be
licensed by the State, and houses recovering individuals recovering from alcohol or drug
addiction shall meet the definition for Sober Living Homes or Alcohol and Drug Free
Residential Recovery Homes below to be regulated as a Small Unlicensed Residential
Care Facility. Failure of such facility to meet that definition means the facility shall be
regulated as Group Residential.
"Single-family residential" or "single-family dwelling" means a building or buildings
containing one dwelling unit located on a single lot for occupancy by one family or
single -housekeeping unit, and with one indoor kitchen, except as provided in Section
22.16.140. This classification includes mobile homes, manufactured homes and factory -
built housing on pennanent foundations. Dwellings with multiple self-contained living
quarters with separate entrances designed to accommodate more than one family on the
same lot, not including permissible second units and guest houses, are not included
within this definition.
"Single housekeeping unit" means the functional equivalent of a traditional family,
whose members are an interactive group of persons jointly occupying a single dwelling
unit, including the joint use of and responsibility for common areas, and sharing
household activities and responsibilities such as meals, chores, household maintenance,
and expenses, and where, if the unit is rented, all adult residents have chosen to jointly
occupy the entire premises of the dwelling unit, under a single written lease with joint use
and responsibility for the premises, and the makeup of the household occupying the unit
is determined by the residents of the unit rather than the landlord or property manager.
"Sober living home" or "Alcohol and drug free residential recovery home" means the use
of a residential, dwelling structure or unit for a cooperative living arrangement to
provide an alcohol and drug free environment for persons recovering from alcoholism or
alcohol and/or drug abuse who seek a living environment in which to remain clean and
sober; and which demonstrates each of the following identifying characteristics that shall
serve to distinguish the alcohol and drug free residential recovery home and sober living
home, as a use of residential property, from similar land uses such as residential treatment
facilities or community care facilities that are subject to state licensing requirements and
from all other uses of residential property:
1. All residents, including live-in managers, operators, or owners, are recovering
from alcohol and/or drug abuse;
2. All residents actively participate in legitimate programs, including, but not limited
to, Alcoholics Anonymous (AA) or Narcotics Anonymous (NA) programs, and
maintain current records of meeting attendance;
3. All owners, managers, operators, and residents observe and promote a "zero
tolerance" policy regarding the consumption or possession of alcohol and
controlled substances, except for prescription medications obtained and used
under direct medical supervision;
4. There is a written policy dealing with the use of drugs or alcohol;
5. Owners, operators, managers and residents do not provide on-site, nomnedical
services including any of the following services as they are defined by Section
10501(a)(6) of Title 9,California Code of Regulations:
a. detoxification; .
b. educational session;
C. individual or group counseling sessions;
d. treatment or recovery planning;
6. The number of residents subject to the sex offender registration requirements of
Penal Code Section 290 does not exceed the limit set forth in Penal Code Section
3003.5, and does not violate the distance provisions set forth in Penal Code
Section 3003;
7. Residents do not require non-medical care and/or supervision as those terms are
defined at Health & Safety Code Section 11834.26 and Section 80001(c)(3) of
Title 22 of the California Code of Regulations;
8. The operators and/or residents maintain current membership in a recognized
nonprofit organization of sober living homes that provide a credible quality
assurance service for applicants or members or have received a sober living home
certification from the State of California Department of Alcohol and Drug
Programs; and
9. Owners, managers, operators, and residents ensure that the property and its use
comply with all applicable state and local laws.
Section 3. The Residential Uses listed in Table 2-3 Allowed uses and Permit
Requirements for Residential zoning districts of Section 22.08.030 and the explanatory
Notes for Table 2-3 are hereby amended to read as follows:
TABLE INSET:
Permit Requirements by District
Laud Use (1)
RR
RL
RLM
RM
RMH
RH
See
Standards
in
Section:
RESIDENTIAL USES
Duplexes
P
P
P
Guest house
p
p
22.42.060
Group Residential
CUP
CUP
CUP
22.42.140
Home occupations
P
P
P
P
P
P
22.42.070
NOTES
(4) The land use category for a Group Home shall be determined based upon the predominant operating characteristics
of the use. Only one land use category shall be applied to a use at a tune.
Section 4. A new Section 22.42.140 Group Homes added to Title 22 of the Diamond Bar
Municipal Code to read as follows:
22.42.140 Group Homes
(a) Group Homes
Manufactured housing units
P
P
P
P
P
P
Mobile home parks
CUP
CUP
CUP
CUP
CUP
CUP
Multifamily dwellings
P
P
P
Organizational houses
Parolee -Probationer Homes
CUP
CUP
CUP 1
22.24.140
Residential accessory uses
and structures
P
P
P
P
P
P
22.42.110
Residential eare
fewer elients__
P_
P_
P_
P_
P_
Residential are homes, 7--e+
more elients
cup
CUP
CUP
Residential Care Facilities,
CUP
CUP
CUP
General
Residential Care Facilities,
P
P
P
P
P
P
Small Licensed
Residential Care Facilities,
P
P
P
P
P
P
Small Unlicensed
Second units
P
P
22.42.120
Senior citizen housing
P
P
P
P
P
P
Single-family dwellings or
single-family residential
P
P
P
P
P
P
NOTES
(4) The land use category for a Group Home shall be determined based upon the predominant operating characteristics
of the use. Only one land use category shall be applied to a use at a tune.
Section 4. A new Section 22.42.140 Group Homes added to Title 22 of the Diamond Bar
Municipal Code to read as follows:
22.42.140 Group Homes
(a) Group Homes
1. Purpose. The intent and purpose of regulating Group Homes is to ensure
compatibility of such uses with surrounding uses and properties and to
avoid any impacts associated with such uses.
2. Additional Application Filing Requirements. The application for a Group
Horne for which a CUP under Section 22.08.030 is required shall include
the following additional information:
A. Client profile (the subgroup of the population of the facility is
intended to serve such as single men, families, elderly, minor
children, developmentally disabled, etc.);
B. Maximum number of occupants and hours of facility operation;
C. Term of occupant stay;
D. Support services to be provided on-site and projected staffing
levels; and
E. Rules of conduct and/or management plan.
3. Operation and Development Standards for Group Residential
a. Sufficient on-site parking shall be provided as required in this
Title. The precise number of parking spaces required will be
detennined based on the operating characteristics of a specific
proposal.
b. Both indoor and outdoor connnon areas shall be provided on site.
c. The facility shall provide no more than 15 beds and shall serve no
more than 15 persons at any one time.
d. The facility may provide one or more of the following common
facilities for the exclusive use by residents:
i. Central cooking and dining area(s)
ii. Recreation room
iii. Laundry facilities
e. A Group Residential facility shall not be located within 1320 feet
of any other Group Home.
4. Location Standards for Parolee and Probationer Homes
a. To avoid over -concentration of Parolee -Probationer homes,
there shall be a 10,000 foot separation requirement between
parolee/probationer homes as measured from the nearest
outside building walls between the subject use and any other
parolee/probationer housing. There shall be no more than two
Conditional Use Pen -nits issued for Parolee -Probationer homes
issued at one time.
b. A Parolee -Probationer Horne shall not be located within 1320
feet of any other Group Home, a public or private school (pre-
school through twelfth grade), university, college, child day
care home and center, public park, library, bar, cocktail lounge,
tavern or business licensed for off-site sales of alcoholic
beverages as measured from any point on the outside walls of
the parolee/probationer housing to the nearest property line of
the noted use.
5. Operation and Development Standards for Parolee and Probationer Homes
a. Sufficient on-site parking shall be provided in accordance with
this Title. The precise number of parking spaces required will
be determined based on the operating characteristics of the
specific proposal.
b. Both indoor and outdoor common areas shall be provided on
site.
c. On-site staff supervision shall be required during all hours of
facility operation.
d. Individual client stays shall not exceed 180 days.
e. The facility's management shall participate in any formal
residential crime prevention program (e.g., Crime Free Multi -
Housing Program) provided by the City and as required under
the CUP. If the program offers certification then that
certification shall be obtained and maintained in current status.
f. All property owners within 1,000 feet of the proposed facility,
as measured from the subject property lines, shall be notified of
the proposed CUP.
g. An existing Parolee -Probationer Home established pursuant to
any pen -nit discontinued for any period of time is deemed
abandoned. Any subsequent establislument of Parolee -
Probationer Home shall be required to first obtain a new
Conditional Use Permit.
Section 5. Existing Facilities
All Group Holmes in existence prior to April 1, 2010 shall be in full compliance with the
requirements of this ordinance within one year after the date of adoption of this
Ordinance. It is the burden of the Group Home owner, operator or occupants to
demonstrate existence prior to April 1, 2010.
An owner of such an existing group home may request that the City Council grant a time
extension of up to six months beyond the required compliance deadline. Requests shall be
in writing, including written documentation of the reason for the deadline, and shall be
filed with the Director of Conummity Development prior to the deadline date for
compliance. The City Council may grant an extension to the amortization period if the
following findings are made:
1. The amortization period as applied to the applicant is legally unreasonable due to
special facts or circumstances;
2. The extension of time granted is the minimum amount of time necessary to assure
that the amortization period is reasonable; and
3. The extension of the amortization period will not have a significant adverse effect on
the public health, safety or welfare.
In determining whether the period of amortization is reasonable as applied to an
individual applicant, the City shall consider all relevant factors including, but not limited
to, such factors as the length of the amortization period, the extent of the nonconformity,
the amount of the investment in the use, length and remaining tern of any lease under
which nonconforming use is maintained, and harm to the public if the use remains in
existence beyond the amortization period. The filing of such a request shall stay further
action under this Ordinance until a final decision by the Council is made.
The Director is directed to provide written notice to all establishments in existence on the
adoption date of this Ordinance, notifying each of the adoption of this Ordinance, the
requirements herein, and the schedule for compliance.
Section 6 A new Section 22.02.060 Reasonable Accommodation is added to Title 22 of
the Diamond Bar Municipal Code to read as follows:
Section 22.02.060 Reasonable Accommodation.
(A) The purpose of this section is to establish the process for disabled persons to request
reasonable accommodation in the application of the City's zoning laws where necessary
to afford the disabled person an equal opportunity to use and enjoy a dwelling within the
City.
(B) Process for requesting reasonable accolm-nodation.
1. A completed application form and the required fee provided by the Community
Development Department.
(a) A description of how the property will be used by the disabled individual(s);
(b) The basis for the claim that the Fair Housing Laws apply to the individual(s) and
evidence satisfactory to the city supporting the claim, which may include a letter from a
medical doctor or other licensed health care professional, a handicapped license, or any
other appropriate evidence;
(c) A detailed explanation of why the accommodation is reasonable and necessary to
afford the applicant an equal opportunity to use and enjoy a dwelling in the City;
(d) Verification by the applicant that the property is the primary residence of the person
for whom reasonable accommodation is requested.
(C) Decision on application.
1. The Director shall consider an application for a minor reasonable accommodation. The
Director shall issue a written determination within 30 days of the date of receipt of a
completed application and may (1) grant the accorninodation request with or without
nondiscriminatory conditions of approval, (2) deny the request, or (3) refer the matter to
the Planning Commission, which shall render a decision on the application in the same
manuzer as it considers a major reasonable accommodation. The Director may approve
alternative reasonable accommodations which provide an equivalent level of benefit to
the applicant.
2. The Plamzing Commission shall consider an application for a major reasonable
accommodation, or any minor reasonable accommodation request referred to it by the
Director. The Plamling Commission shall (1) grant the accommodation request with or
without nondiscriminatory conditions of approval, or (2) deny the request. Notice of the
Plamling Commission meeting shall be made in writing, 10 days prior to the meeting and
mailed to the applicant and property owners who are located immediately adjacent to the
subject property. The Commission may approve alternative reasonable accommodations
which provide an equivalent level of benefit to the applicant
3. If necessary to reach a deterrnination on any request for reasonable accoimnodation,
the Director may request further information from the applicant consistent with this
Chapter, specifying in detail what information is required. In the event a request for
further information is made, the 30 day period to issue a written determination shall be
stayed until the applicant reasonably responds to the request.
(a) The Director, Planning Commission or City Council shall approve the
request for a reasonable accommodation subject to the following findings:
1. The housing, which is the subject of the request for reasonable accommodation,
will be occupied as the primary residence by an individual protected under the
Fair Housing Laws.
2. The request for reasonable accommodation is necessary to make specific
housing available to one or more individuals protected under the Fair Housing
Laws.
3. The requested reasonable acconunodation will not impose an undue financial or
administrative burden on the City, as "undue financial or administrative burden"
is defined in fair housing laws and interpretive case law.
4. The requested acconunodation will not result in a fundamental alteration of the
nature of the City's zoning or building laws, and policies and procedures, as
"fundamental alteration" is defined in fair housing laws and interpretive case law.
(b). Factors. fil making a decision regarding the reasonableness of the
requested accommodation, the following factors may be considered:
1. Whether the requested accominodation will affirmatively enhance the
quality of life of one or more individuals with a disability.
2. Whether the individual or individuals with a disability will be denied an
equal opportunity to enjoy the housing type of their choice absent the
acconunodation.
3. In the case of a residential care facility or sober living home or similar
group home for the disabled, whether the existing supply of facilities of a
similar nature and operation in the community is sufficient to provide
individuals with a disability an equal opportunity to live in a residential
setting.
4. Whether the requested accolmnodation would fundamentally alter the
character of the neighborhood;
5. Whether the accommodation would result in a substantial increase in
traffic or insufficient parking;
6. Whether granting the requested accommodation would substantially
undermine any express purpose of either the City's General Plan or an
applicable specific plan;
7. In the case of a residential care facility or sober living home or similar
group home for the disabled, whether the requested accolrunodation
would create an institutionalized environinent due to the number of and
distance between facilities that are similar in nature or operation.
4. The reasonable accommodation shall be subject to any reasonable conditions imposed
on the approval that are consistent with the purposes of this Chapter.
5. That the reasonable accommodation shall only be applicable to the particular
individual(s) or property.
(D) Appeals.
1. The Director's decision on a minor reasonable accommodation may be appealed to the
Planning Commission within 10 days of the date the City issues the written
deterinination.
(a) The appellant shall pay an appeal fee as established by resolution of the City Council.
(b) The Planning Coimnission shall conduct a duly noticed public hearing as described
within this Title prior to taking action on the appeal.
(c) The appeal shall be filed with a written statement of the basis for the appeal, and shall
state all facts and arguments known to support the claim.
2. The decision of the Planning Commission may be appealed to the City Council
pursuant to the provisions in Chapter 22.74.
(E) Waiver of time periods.
Notwithstanding any provisions in this section regarding the occurrence of any action
within a specified period of time, the applicant may request additional time beyond that
provided for in this section or may request a continuance regarding any decision or
consideration by the City of the pending appeal. Extensions of time sought by applicants
shall not be considered delay on the part of the City, shall not constitute failure by the
City to provide for prompt decisions on applications and shall not be a violation of any
required time period set forth in this section.
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NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On April 13, 2010, the Diamond Bar Planning Commission will hold a regular
session at 7:00 p.m., at the South Coast Quality Management District/Government Center
Auditorium, 21865 Copley Drive, Diamond Bar, California.
Items for consideration are listed on the attached agenda.
1, Marcy Hilario, declare as follows:
I am employed by the City of Diamond Bar. On March 5, 2010, a copy of the
agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at
the following locations:
South Coast Quality Management
District Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Diamond Bar Library
1061 Grand Avenue
Diamond Bar, CA
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 8, 2010, at Diamond Bar, California.
1�aAV4
M&cylklario
Public Works Department
gAWfidavitposting.doc
Phil & Geraldine Porretta
21625 Fairwind Lane
Diamond Bar, Ca. 91765
April 9, 2010
City of Diamond Bar Community
Development Dept/Planning Devision
21825 Copley Drive
Diamond Bar, Ca. 91765
Gentlemen,
We wish to have Site D land use designated as Public Facility.
This land should be left in its natural state. We do not desire
an increase in traffic or population at the south end of
Diamond Bar.
Sincerely,
Philip Porretta
homeowner
Geraldine Porretta
homeowner