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HomeMy WebLinkAboutPC 93-21RESOLUTION NO. PC -93-21, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL CERTIFICATION OF ENVIRONMENTAL IMPACT REPORT NO. 92-1 (SCH92081040) AND APPROVAL OF A HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT AND AN OAK TREE PERMIT ASSOCIATED WITH THE DEVELOPMENT OF THE SOUTH POINTE MASTER PLAN AND TENTATIVE TRACT NO. 51253 TO DEVELOP A 21 LOT SUBDIVISION, LOCATED WEST OF .BREA CANYON ROAD AND NORTH OF PATHFINDER ROAD, IN DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals (1) Sasak Corporation, 858 W. 9th Street, Upland, CA 91785; (the "Applicant" hereinafter), has heretofore filed an application for approval of a Hillside Management Conditional Use Permit and an Oak Tree Removal Permit as described in the title of this Resolution. Hereinafter in this Resolution, the 'subject Hillside Management Conditional Use Permit and Oak Tree Removal Permits shall be' referred to as the "Applications". (ii) On April 18, 1989; the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council of the City of Diamohd-Bar adopted, by ordinance, the Los Angeles County Code as the ordinances of the City of Diamond Bar, Titles 21 and 22 of the Los Angeles County Code, as amended, contain the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Applications, within the City of Diamond Bar. (iii) As a component of the South. Pointe Master Plan the application has been processed in accordance with Ordinance No. 4 (1992) of. the City of as Bar. (iv) On October 26, 1992, January 25, February 8, February 22, February 25, March 22, April 12, April 26, April 29, May 10 and May 24, 1993, the Planning Commission of the -City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Application. (vi) All legal prerequisites to the adoption of this resolution have occurred. b. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds, and based thereon, recommends that the City Council so certify, that Environmental Impact Report No. 92-1 (SCH92081040) has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further that said Environmental Impact Report No. 92-1 (SCH92081040) reflects the independent judgment of the City of Diamond Bar. 3. The Planning commission hereby specifically finds and determines, and recommends that the City Council so find and determine, based on the findings set forth below, that changes and alterations have been required in or incorporated into and conditioned upon the project specified in _the application, which mitigate or avoid significant adverse environmental impacts identified in said Environmental Impact Report No. SCH92081040, except as to those effects which are identified and made the subject of a Statement of Overriding Considerations which this planning Commission 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. 4. The Planning Commission hereby recommends that the City Council adopt the Findings, Facts in Support of Findings, and the Statement of Overriding Considerations attached hereto as Exhibit "A" and hereby incorporated by reference. 5. The applicant shall make payment of any and all fees which the Department of Fish and Game may require to be paid prior to the issuance of any building permit or further entitlement. 6. Based on substantial evidence presented to this Commission during the above - referenced public hearings, including written and oral staff reports, public testimony and the record of the Applications, this Planning Commission hereby specifically finds as follows: (a) The Applications apply to a parcel located within the South Pointe Master Plan area generally described as being situated west of the Orange (SR -57) Freeway and Brea Canyon Road, east of the corporate boundaries of the City (Tract No. 27141) and Morning Sun Avenue, north of Pathfinder Road and the adjacent existing residential area (Tract No. 32576) and 2 south of existing residential and vacant land located southerly of Co,lima Road. (b) Surrounding properties' zoning and land use designations are: East: RPD 10,000 6U/Vacant; South: RPD 10,000 6U/Vacant; West: County of Los Angeles/Single Family Residential; North: R-1 15,000 Single Family Residential - (c) The Applications are for a Hillside Management Ordinance Conditional Use Permit and an Oak Tree Removal Permit to remove 53 Coast Live Oaks. (d) The site is physically suitable for the type of development proposed and has access to public highways and streets. Further, the property shall" be served by sanitary sewers, provided with water supply and distribution facilities with sufficient capacity to meet anticipated domestic and fire protection needs and shall have geologic hazards and flood hazards mitigated in accordance with the requirements of the Department of Public Works of the County of Los Angeles. (e) As conditioned, the design of the Tentative Tract No. 51253 and of the proposed improvements will not cause substantial environmental damage or substantial and avoidable injury to fish or wildlife or to their habitat, and while the proposed development will have a significant adverse effect on oak tree biological resources, mitigation measures have been included as project conditions to reduce the impact of oak tree loss and a Statement of Overriding Considerations has been noted on these unavoidable impacts. (f) Neither the design of the subdivision nor the types of improvements will cause serious public health problems, since sewage disposal, storm drainage, public services and geological and soils factors are addressed in the conditions of approval appended hereto. (g) The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities. The design of the subdivision is based on the size and shape of the parcel. (h) The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake or reservoir. 3 (i) The subdivision and development of the property in the manner set forth on the map will nor unreasonably interfere with the free and complete exercise of public entity and/or public utility rights-of-way and/or easements within the area covered by said map, since the design and development as set forth in the conditions of approval and on the tentative map provide adequate protection for any such easements. (j) The discharge of sewage from this subdivision into the public sewer system will not violate requirements of the California Regional Water Quality Control Board pursuant to Division 7 (Sections 13000, et seq.) of the California Water Code. (k) The housing needs of the region have been considered and balanced against the public service needs of local residents and available fiscal and environmental resources. 7. Based upon substantial evidence presented to the Planning Commission during the above -referenced public hearing and upon the specific findings of fact set forth above, pursuant to the provisions of Ordinance No. 4 (1992) of the City of Diamond Bar, the Planning Commissions hereby finds and determines as follows: (a) The actions proposed to approve a Hillside Conditional Use Permit and an Oak Tree Removal Permit has been processed in accordance with the provisions of Ordinance No. 4 (1992) of the City of Diamond Bar. (b) The Applications as proposed and conditioned herein comply with all other applicable requirements of State law and local ordinances. (c) The approvals granted through this Resolution are contingent upon approval of Tentative Tract No. 51253 and all its conditions. 8. Based on the findings and conclusions set forth herein, this Planning Commission hereby recommends that the City Council approve the Applications subject to the following conditions which are set forth in Exhibit B hereto and are incorporated by reference. 9.- The Planning Commission Secretary is hereby directed (a) to certify to the Adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Sasak Corporation, 858 W. 9th Street, Upland, California 91785. 4 Approved and adopted this the 24th day of May, 1993, by the Planning Commission of the City of Diamond Bar. BY: Bruce Flamenbaum, Chairman I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was introduced, passed and adopted at a regular meeting of the Planning Commission of the City of Diamond Bar held on the 24th of May, 1993, by the following vote: AYES: COMMISSIONERS: Flamenbaum, Meyer NOES: COMMISSIONERS: Li ABSENT: COMMISSIONERS: Grothe, Plunk ABSTAINED: COMMISSIONERS: ATTEST: A: \SASAK.6-2 Ja , s DeStefano, Seciretary 5 PLANNING COMMISSION RESOLUTIONS NOS. 93-16, 93-17, 93-18, 93-19, 92-20 & 93-21 EXMIT A FINDINGS, FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS regarding The Environmental Impact Report for the South Pointe Master Plan (SCH. No. 92081040) May 18, 1993 -___ _ _ _ _ _ -.L.-__E.�_�-_y_ro-,waF.,-.�I.Iwi4W,ulall6ilk-nlnulsiMr-a..H.-.......,..�«w1a IVA,M-t,:,—•.«,....�.,.w..-,�Nr.i�..�..__�._,.i,.,-.,„V.r.�,��.w..�.,,ueawawuwnan��wawuui_.__ - _ __' � _ __ TABLE OF CONTENTS FINDINGS, FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF ,OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH POINTE MASTER PLAN (SCH. NO. 92081040) Page 1.0 INTRODUCTION........................................1 1.1 State Law ......................................... 1 1.2 Findings.........................................1-2 2.0 FINDINGS REGARDING IMPACTS THAT CANNOT BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE ................. 2 2.1 Air Quality.......................................2-4 2.2 Traffic Circulation ................................... 4-5 2.3 Biological.Resources................................6-10 2.4 Aesthetics ...................................... 10-11 3.0 POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT SIGNIFICANT OR WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE ..................... . .......... 12 3.1 Land Use ......................................... 12 3.2 Earth ......................................... 13-14 3.3 Water..........................................14 3.4 Noise ......................................... 15-16 3.5 Public Services and Facilities .......................... 16-17 3.6 Cultural Resources .................................. 17 3.7 Effects Found Not To Be Significant ..................... 18-19 3.8 Growth Inducing Impacts ............................ 19-20 4.0 FINDINGS REGARDING ALTERNATIVES ...................... 20 4.1 Feasibility and Comparative Environmental Effects of Alternatives ................................ 20 4.1.1 The No Project Alternative ......................... 20 4.1.2 General Plan Authority Alternative ................... 20-21 4.1.3 Cluster Development ............................. 21 4. t.4 Maximum Development Alternative ..................... 21 4.1.5 Tentative Tract 51253 Design Alternatives ............... 21 4.1.6 -Summary of EIR Alternatives Compared To Project Alternative ....................... 22 ,1r 4.1.7 Concept Plan Alternatives ........................ 22-23 4.1.8 School Site Alternatives ......................... 23-25 !. 5.0 STATEMENT OF OVERRIDING CONSIDERATIONS .............. ;t 26-28 r EXHIBIT A FINDINGS, FACTS IN SUPPORT OF FINDINGS AND STATEMENT OF OVERRIDING CONSIDERATIONS REGARDING THE ENVIRONMENTAL IMPACT REPORT FOR THE SOUTH POINTE MASTER PLAN (SCH. NO. 92081040) 1.0 INTRODUCTION 1.1 State Law. The State Guidelines ("Guidelines") promulgated pursuant to the California Environmental Quality Act ("CEQA") provide: No public agency shall approve or carry out a project for which an Environmental Impact Report (EIR) has been completed which identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects; accompanied by a brief explanation of the rationale for each finding. The possible findings are: a. Changes or alterations have been required in, or incorporated into, the project which avoidor substantially lessen the significant environmental effect . as identified in the Final EIR (hereinafter referred to as "finding (1)"). b. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency (hereinafter referred to as "finding (2)"). C. Specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives' identified in the Final EIR (hereinafter referred to as "finding (3)"). The required findings shall be supported by substantial evidence in the record. (Guidelines, Section 15091.) 1.2 Findings. An Environmental Impact Report pursuant to CEQA has been prepared by the City of Diamond 3ar. The EIR for 'the South Pointe Master Plan ("project") identifies significant effects on the environment which may occur as a result of the project. Section 2.0 of this Attachment identifies the significant environmental effects of the project wh_ch cannot feasibly be mitigated below a level of significance., Section 3.0 sets forth potential environmental effects of the project which are not significant because of the design of the project or which can feasibly be mitigated below a level of significance. Section 4.0 summarizes the alternatives discussed in the EIR and makes findings with respect to the feasibility of alternatives and whether the alternatives would lessen the significant -environmental effects of the project., Section 5.0 sets forth a Statement of Overriding Considerations with 'respect to the project. The following sets forth all significant effects of the South Pointe Master Plan including entitlements for: Tentative Tract Maps, Development Agreements, National Pollution Discharge permits and, Grading Permits and with respect to each effect, makes one or more of the findings set forth in the Introduction above, states facts in support of such findings,. and,, as appropriate, refers to the Statement of Overriding Considerations which is attached hereto. The Final Environmental Impact Report ("FEIR") including the Draft EIR, Response to Comments and Technical Appendices thereto, and the administrative record concerning the project provide additional facts in support of the findings herein. The mitigation measures set forth in the Mitigation Monitoring Program area incorporated by reference in these findings, and the findings in Sections 2.0 and 3A refer to individual mitigation measure as appropriate. 2.0 FINDINGS REGARDING IMPACTS THAT' CANNOT BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE 2.1 AIR QUALITY 2.1.1 Significant Effect. r Implementation of the proposed project will result in the generation of both short-term (i.E., Construction -related) and long-term significant impacts that produce an exceedance of established South Coast Air Quality Management District (SCAQMD) New Source Review (NSR) values for a' number of the criteria pollutants examined. Based upon the equipmentand grading assumptions 'identified in the EIR, projected nitrogen oxide emissions (measured in pounds/day) projected to occur during construction activities will exceed the established SCAQMD NSR threshold criteria for that pollutant. In addition, estimated project -related emissions at build -out will exceed NSR values for a number of criteria pollutants, including carbon monoxide and nitrogen oxides. Ins, recognition of cumulative, development activities, which' collectively will result in an exceedance of SCAQMD NSR threshold values for, carbon monoxide,reactive hydrocarbons, nitrogen oxides and particulates (PM10), in conjunction with the existing "non -attainment" status of the South Coast Air Basin (SCAB), cumulative air quality impacts have been determined to be significant. Findings. The Planning Commission thereby recommends that the,City Council makes .findings (1), x (2) and (3). p' Facts in Support of Findings. .� 2 --_—�_..�.-_,�—.�.�...�u.a-.-�JAGIIVM4.YlI..x4d�a+�,..��L-�.a]IWeYL .„,�-•...^�..-..-_-drJi.�-... _ _.�_.�d.�sal nlF.w�.kl.,.l�1luJ,n,u.idudiila�. The following facts or mitigation measures indicate that although the identified impact has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations. (1) Mitigation Measures contained in Section 4.6.3 are hereby incorporated by reference. (2) The California Clean Air Act, codified in Section 40412 of the Health and Safety Code, designates the South Coast Air Quality Management District (SCAQMD) as the agency principally responsible for comprehensive air pollution control in the South Coast Air Basin (SCAB), in which the project site is located. In the SCAQMD's publication Air Quality Handbook for Preparing Environmental Impact Reports (SCAQMD), revised April 1987) specific new Source Review (NSR) standards are identified for certain criteria pollutants. Projects whose projected daily stationary and mobile source emissions exceed those threshold values may be determined to produce a significant air quality impact. (3) Subsequentto the preparation of the EIR, the SCAQMD adopted a new CEQA Air Quality Handbook (SCAQMD, adopted February 12, 1993). Under the new handbook, the SCAQMD has established two types of air pollution thresholds to assist local agencies in determining whether the operational phase of any project would produce a significant effect on the environment, including emission significance threshold criteria and other additional indicators. Although similar to those threshold criteria delineated in the 1987 manual, the 1993 standards for nitrogen oxides and reactive organic gases have been modified. When these new standards are applied to the project, in addition to those criteria pollutants which exceed NSR values based upon the 1987 methodology, emissions for reactive organic gases are projected to exceed recommended threshold values at build -out. (4) For the purpose of ascertaining project -related and cumulative air quality impacts, the City has, elected to utilize the methodology delineation in the Air Quality Handbook for Preparing Environmental Impact Reports (SCAQMD, revised April 1987). In addition, project -related comments were solicited from the SCAQMD by the City for use in the preparation of the EIR. Correspondence from the SCAQMD, dated August 18, 1992, has been included in the EIR. The SCAQMD in that correspondence, recommends the use of the 1987 handbook. (5) When the total daily exhaust emissions from the construction equipment are added to the estimated fugitive dust emissions, only one of the SCAQMD NSR threshold values (i.e., nitrogen oxides) would be exceeded. The amount of nitrogen oxides emissions is -more than sevens times the SCAQMD's NSR value; therefore, NOx emissions represent a potentially significant short-term air quality impact. - Impacts based on NSR threshold levels for carbon monoxide, sulfur dioxide, lead, particulates and reactive hydrocarbons would not be considered significant (i.e., do not exceed NSR threshold criteria). �'; 3 (6) No numerical standards exist with which to evaluate the significance of the cumulative emissions totals, so the assessment of cumulative impacts must be made on a qualitative basis. Given the poor background air quality of the South Coast Air Basin (SCAB), the cumulative impacts of the project, in combination with other related projects, should be considered significant. Since the development of the project would generate a significant adverse impact on air quality (as determined by comparison with NSR threshold values); the cumulative air quality impact has also been determined by the City to be significant. (7) Long-term emissions for both carbon monoxide and nitrogen oxides, due predominantly to motor vehicle traffic generated by the project, are expected to have a significant impact on regional air quality based upon threshold values established under the SCAQMD's New Source Review methodology. (8) The build -out of the proposed project would use less than one percent of the growth increments for population, housing and employment in East San Gabriel Valley planning region as identified, by the Southern California Association of Governments (SCAG) and as contained in the Growth Management Plan (GMP). On these bases, the proposed project would be consistent with the 1991 Air Quality Management Plan (AQMP). The GMP provides no quantification of projected acreage converted to urban uses. As a result, there is no basis provided to measure the significance of project development from a land use conversion perspective. It is, however, reasonable to conclude that based upon both the projected - subregional employment projections and estimated residential development, the urbanization of the project site would not consume a disproportionate share of that rural acreage. (9) The 1991 AQMP provides for regional growth; cumulative impacts are expected as part of that planned growth. Adherence to the regional plan ensures that growth will occur at a manageable rate and in balance with appropriate mitigation measures. (10) The project includes a balanced mixed-use land use concept which provides opportunities to work, live and recreate within the boundaries of the planned community. This land use pattern is supportive of regional air quality policies designed to reduce regional vehicular trips and promote a community level jobs - housing balance. (11) It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations more thoroughly described in Section 5.0 (Statement of Overriding Considerations) incorporated by reference herein. 2.2 Traffic/Circulation 2.2.1 Significant Effect. Based upon cumulative development activities, in combination with ambient traffic 4 ' volume projections, a number of project area intersections are anticipated to experience a deterioration in their existing service I levels. Although identified roadway = improvements will minimize many of those identified impacts, select in will exhibit LOS E or ,LOS F levels of ' service conditions; therefore, cumulative traffic impacts are considered significant and unavoidable. Findings. The Planning Commission thereby recommends that the City Council makes findings (1) and (3). Facts in Support of Findings. The following facts or mitigation measures indicate that although the identified impact has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in Section 5.0 (Statement of Overriding Considerations), incorporated by reference. herein. (1) Mitigation measures contained in Section 4.5.3 in the Draft EIR, as augmented in the Response to Comment document, are hereby, incorporated by reference. (2) In- conjunction with this project, the existing access -to South Pointe Middle School will also be changed from Larkstone Drive, as the only vehicular ,access point, to include a new roadway through the project site, which will serve as a secondary means of school access. The existing school access requires motorists to use a number of local streets before they reach a major arterial (Colima Road). The circulation system improvements identified under the proposed project would provide vehicular access directly to Brea Canyon Road and would improve access for those residents served by Walnut Leaf Drive and Lake Canyon Drive. project area residents residing immediately .north of South Pointe Middle School may continue to use Larkstone Drive, but other school -related traffic may be re-routed to the new collector roadway through the project.'" (3) A significant portion of the project -related traffic is expected to be pass -by traffic (i.e., traffic already on the existing street system in route to another destination). Professional literature. indicates that the percentage of pass -by traffic for retail uses can range from 20 to 50 percent. , The proposed open space and park are expected to serve the local residential neighborhoods; therefore, it is not. expected to generate significant new traffic above that already included in the residential project -related traffic forecast. Further; peak periods at parks typically occur before or after the normal evening peak hour and on weekends. The project traffic forecasts have not been reduced to account for internal project traffic, between the residential and commercial components of the'project. In addition, the mixed land use concept contained .within the South', Pointe Master Plan provides an opportunity to reduce vehicular trip making and reliance on the single occupant vehicle commute trip. 5 (4) A traffic study was completed in conjunction with development of the EIR. The traffic study was based on existing traffic count data and included project phasing, traffic forecasting, impact evaluation (based on traffic generation forecast and traffic distribution and assignment), intersection analysis and a cumulative impact assessment. (5) Although project implementation will not significantly impact the area's roadway network, cumulative (i.e., related project activities and ambient growth factors) traffic -related impacts are anticipated to result in a deterioration of existing service levels, beyond a LOS D threshold criteria, at a number of project area intersections. Ambient traffic growth anticipated to occur in the project vicinity, as modeled through the year 2012, will result in Level of Service (LOS) forecasts of LOS E or LOS F during at least one peak period at the following intersections: (1) Colima RoadlBrea Canyon Cutoff; (2) Colima Road/Lemon Avenue; (3) Colima Road/Eastbound SR -60 Ramps; (4) Brea Canyon Road/Westbound SR -60 Ramps; (5) Brea Canyon Road/Colima Road; and (6) Pathfinder Road/Northbound SR -57 Ramps. With or without this project, ambient traffic growth would result in unacceptable traffic levels at the intersections identified. (6) It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations described in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. 2.3 BIOLOGICAL RESOURCES 2.3.1 Significant Effect, In accordance with the criteria established -under Part 16, Chapter 22.56 of the County of Los Angeles Planning and Zoning Code, 835 trees of the genus Quercus have been identified within the project boundaries whose size satisfies the criteria delineated therein. Of those trees, an estimated 768 oak trees (representing 92 percent of the total inventory of oak trees tabulated) will be removed as result of proposed grading activities on-site. Although the loss of this existing biotic resource will, in part, be mitigated through the approval of Development Agreements and issuance of an Oak Tree Permit and satisfaction of those conditions adopted therewith, the removal of those trees and the ecosystem created by their presence cannot be mitigated below a level deemed by the City to be significant. Findings. The Planning Commission thereby recommends that the City Council make findings (1) and (3). Facts in Support of Findings The following facts or mitigation measures indicate that although the identified impact N i . , __��mteu _,�Luw,.. �.,..,,�,u....-»,--. �,..—..,. _� -.• � ._ _.�, a«,...�KJmL- �__, .__ _.� yx��u.,.i.hs«.�,udn-.,.d«.w.iM. _ __ _ _ _ _ _ _ '. has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in the Statement of Overriding Considerations, incorporated by reference herein. (1) Mitigation measures contained in Section 4.4.3 in the EIR, and augmented in the Response to Comment document, are hereby incorporated by reference. (2) Project conditions, as contained in the draft Oak Tree Permits for the project, are hereby incorporated by reference. (3) The County of Los Angeles Planning and Zoning Code (Part 16, Chapter 22.56 imposes specific restriction on the damaging or removal or oak tree meeting specific size requirements, imposing upon property owners seeking the removal of those trees an obligation to obtain an Oak Tree Permit and submit specific information quantifying existing oak tree resources within the area to be potentially impacted. In accordance with that code section, an Oak Tree Permit is established: (a) to recognize oak trees as significant historical, aesthetic and valuable ecological resources, . and as one of the most picturesque trees in Los Angeles (County), lending beauty and charms to the natural and man-made landscape, enhancing the value of the property and the character of the 1 communities in which they exist; and (b) to create favorable conditions for the preservation and propagation of this unique, threatened plant heritage, particularly those trees classified as "heritage trees" for the benefit of current and future residents of the County. (4) In accordance with City and County requirements, an oak tree inventory of the project site was conducted for the purpose of identifying, quantifying and physically tagging those oak trees on-site meeting the criteria outlined in the above mentioned referenced Oak Tree Permit Ordinance. (5) Trees were marked with elongate -oval aluminum tags, placed approximately at breast height on the north side of the largest trunk or where convenient when access was difficult. In total, 835 oak trees (all coast live oaks) over 3 -inch diameter at breast height (DBH) were mapped on the site. (6) In accordance with the Oak Tree Permit Ordinance, those oak trees which are removed from the site will be replaced, pursuant to specific requirements identified in the ordinance (e.g., native oak trees of appropriate size at a ratio of not less than two -to -one). Up[on project implementation, replacement trees will be placed both on-site in accordance with the landscaping plan and off-site in accordance with a replacement plan acceptable `to both the pr6ject applicants and the City. (7) The loss of mature oak trees associated with this particular site cannot be replaced or compensated for solely by increasing the number of replacement oak trees which lack maturity, uniqueness and historic significance. Consequently, the �` 7 _I ---�. -.dui 11 k. .­111I,11111II­. xlJa. _._w_ -N - „1..--al6Wbll:�.. .•1 ..I— _I4 11- .— 4 u, — _ __ I .- replacement ratio for those oak trees which will be removed as part of this project may not be as relevant as other mitigation alternatives. Similarly, mitigating the loss of existing oak trees by planting larger replacement oak trees (i.e., of ,a size greater that than required by the Oak Tree Permit Ordinance) will not offset the < potential biological effects associated with the loss of these trees. (8) It is infeasible to completely avoid this significant effect, due to the economic social and other considerations described in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. 2.3.2 Significant Effect. In response to the recent actions by the United States Department of the Interior, Fish and Wildlife Service, as reported, in 50 CFR Part 17 (march 30, 1993), the coastal California gnatcatcher (Polioptila californica) has been designated,a federal "threatened" species pursuant to the federal Endangered, Species Act of 1973, as amended '(ESA). Although no coastal California gnatcatchers have: been identified on-site, in accordance with the established survey protocol for that species, the preferential habitat for that species has been identified within the project boundaries (i.e., sage scrub). Since project development will result in the removal of a majority of that sage scrub vegetative community now evident on-site, the incremental regional reduction of this planned _ community has been determined by the City to constitute a significant effect on the environment. Findings. The planning Commission thereby recommends that the City Council make findings (1), (2) and (3). Facts in Support of Findings. The following _facts or mitigation measures indicate that although .the identified impact has-been reduced or avoided to the extent feasible, it' cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. (1) Pursuant to- Appendix VGB (Significant Effects) of the State Guidelines, codified in Section 15000 et seq of the California Code of Regulations (CCR), a project will normally have a significant effect on the environment if it will "substantially affect a rare, or endangered species of animal or plant or the habitat of the species". Sections 15380(b)(2)(b) and 15380(c)(2) of the CCR defines"rare or endangered species" to include "threatened" species. (2) Sage scrub communities are not presently afforded legal protection under local, State or federal statute. As a result, no mitigation measures or preservation strategies have been identified in the EIR. 0 __ -- _. �_ _— .,-..,..-.I+d.=.__..-,..-w-«..,....Llai--....,_ I— ., ,,,I,udU, , hl, (3) Based upon current scientific studies conducted on the project site, the coastal California gnatcatcher has not been identified as a current inhabitant of the project site. Reduction in the acreage of on-site sage scrub habitat will, therefore, not directly impact that listed species. (4) The Department of the Interior has proposed a Section 4(d) Special Rule to define the conditions associated with certain land use activities under which "incidental take" of this listed species would not be a violation of the FSA. The proposed Section 4(d) Special Rule provides for the proactive conservation of sage scrub habitat to protect the gnatcatcher, as well as other sensitive or listed species which utilize that vegetative community for all or a potion of their habitat requirements. The existing Natural Communities Conservation Plan (NCCP) program, enacted in Assembly Bill 2172 and designed to provide an alternative to listing of individual species under the ESA, may become the mechanism for establishing a multi -species conservation program and allowing "incidental take" of the gnatcatcher as well as other species which could be listed in the future. (5) The Scientific Review Panel (SRP) of the NCCP program has concluded that large-scale loss and fragmentation of sage scrub habitat is primarily responsible for the gnatcatcher's decline. (6) It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations more thoroughly described in Section 5.0 (Statement of Overriding Considerations) incorporated by reference herein. 2.3.3 Significant Effect. Project implementation will result in the removal of a majority of existing on-site vegetation, with a concomitant impact upon those animal species which presently utilize the project site for all or a portion of their habitat needs. Findings. The Planning Commission thereby recommends that the City Council make findings Q and (3). Facts in Support of Findings. The following facts or mitigation measures indicate that although the identified impact has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below 'a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. (1) Mitigation measures contained in Section 4.4.3 in the Draft EIR, as augmented by the Response to Comments document, are hereby incorporated by reference. 9 _ _ _il __ ._c -­_.. 10..1- -.-,..­„,..-..,r.wxMNl.«»,..I­1,11l11,1'1lu 111.11A_-, r_, - . _._,________ _ _- (2) The City's Master Environmental Assessment (City of Diamond Bar, July 14, 1992) identifies all or a portion of the project site as a "site of local concern", indicating that the site contains biological resources of potential local significance. No preservation strategy or mitigation measures are, however, provided or recommended in'that assessment or found elsewhere in other local public policy documents. (3) It is infeasible to completely avoid this significant effect, due to the economic, social and other considerations more thoroughly described in Section 5.0 (Statement of Overriding Considerations. 2.4 AESTHETICS 2.4.1 Significant Effect. Project development will physically alter the project site and change its existing visual character from a natural open space area to a property more characteristic of other residential and no -residential development within the City. Grading and associated development activities will result in the removal of existing native and non-native vegetation and result in the introduction of more.ornamental landscape improvements; existing landform features, including prominent canyon -and ridgeline areas, will be - significantly altered to accommodate proposed development activities. Based upon both the size of the project and the extent of proposed grading activities, the City has the size of the project and the extent of proposed grading activities, the City has determined that this physical change constitutes a significant effect upon the environment. Findings. The Planning Commission thereby recommends that the City Council make findings (1) and (3). Facts in Support of Findings. The following facts or mitigation measures indicate that although the identified impact has been reduced or avoided to the extent feasible, it cannot feasibly be mitigated below a level of significance. The remaining unavoidable effect is acceptable when balanced against the facts set forth in Section 5.0 (Statement of Overriding, Considerations), incorporated by reference herein. (1) Mitigation measures contained in Section 4.10.3 in the Draft EIR are hereby incorporated by reference. (2) The proposed South Pointe MasteryPtan contains numerous hillside development and landscape standards which will further minimize the potential aesthetic impacts associated with the removal of existing vegetation and natural slope areas. (3) The preservation of open space areas and the dedication and improvement of a �' 10 public park within the project boundaries will result in the retention of natural elements on-site and provide visual relief and contrast to those urbanized areas which will be developed pursuant to the proposed development plan. r (4) It is infeasible to completely avoid this- significant effect, due to the economic, social and other' considerations more thoroughly described in Section 5.0 (Statement of Overriding Considerations), incorporated by reference herein. 3.0 POTENTIAL ENVIRONMENTAL EFFECTS WHICH ARE NOT SIGNIFICANT OR WHICH CAN BE MITIGATED BELOW A LEVEL OF SIGNIFICANCE. The Planning Commission has determined that the following potential environmental effects will not be significant, for the reasons stated below. 3.1 Land Use 3.1.1 Potential Effect. Project approval, which includes the adoption of a master plan will result in the subsequent development of the project area to accommodate single-family residential units, commercial/office use, a neighborhood park serving the western area of the community and associated street improvements. These actions will result in both the physical alteration of the project site and the introduction of new residential, recreational and commercial/professional land uses upon the subject property. In addition, project implementation will facilitate the effectuation of the facility plan for the South Pointe Middle School. Findings. The Planning Commission hereby makes finding (1). Facts in Support of Findings. E The following facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Section 4.1.3 are hereby incorporated by reference. (2) Residential uses are proposed in the northeast (i.e., Tentative Tract No. 32400) and westerly (i.e., Vesting Tentative Tract No. 51407) portions of the site. These uses adjoin existing residential development and/or residentially designated areas and are proposed at densities compatible with those existing uses. (3) The proposed park site and residual open space area represents a compatible (and complementary) land use to both the proposed residential development and existing school facility. (4) Wildland fire hazards (associated with those open space areas currently on site) will be minimized or eliminated through the reduction in fuel loading, improved access and extension of water system (fire flow) improvements on-site; thereby improving health and safety conditions affecting both adjoining areas and future on-site uses. 12 (5) Adoption of the South Point Master Plan, either as proposed or as subsequently revised by the City, will result in the avoidance of any potential inconsistencies between the proposed project and the land use policies of the City as reflected in the City of Diamond Bar proposed General Plan and Zoning Ordinance. (6) The Master Environmental Assessment includes policy statements supporting the preservation of Sandstone Canyon, neither the City of Diamond Bar proposed General Plan nor Zoning Ordinance contain land use plans or mechanisms to promote the open space preservation of Sandstone Canyon. As a result, development of the subject property to support an urban land use would be consistent with existing public policies. (7) As mitigation for the loss of open space area, the project applicant(s) skull be required to dedicate and develop a 28 ± acre site within the project boundaries for active and/or passive recreational pursuits. In recognition of established deficiencies in available recreational opportunities throughout the community, the expansion of active recreational uses (e.g.; ball fields) within the project area will address identified park demands to a greater extent than can be provided through the site's retention as an open space (passive recreational) resource. (8) The proposed development pian will locate future commercial/office uses in close proximity to those residential uses which will be developed on-site, the construction of a noise barrier (as proposed), the incorporation of landscape treatment along the perimeter of the commercial site and the screening of light sources emanating from that non-residential use will mitigate potential land use conflicts to a level which is not significant. 3.2 Earth (Soils, Geology, Seismicity) 3.2.1 Potential Effect. Implementation of the proposed development will require landform alterations affecting most of the project area and includes a portion of the existing South Pointe Middle School site. Findings. The Planning Commission hereby makes finding (1). Facts in Support of Findings. The following facts or mitigation measures indicate that ,this potential impact is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Section 4.2.3 are hereby incorporated by reference. 13 (2) There are a number of existing geologic constraints' which presently affect both the project site and adjoining residential areas. Implementation of the proposed project will result in the elimination of these, existing unstable landform conditions, thereby minimizing threats to geological hazards for both existing and future City residents and employees. (3) project development will not impose unique seismic hazards other than as, typically, associated with the seismically active Southern California area.. Development activities conducted'in accordance with project -specific geotechnical recommendations contained, in the project geotechnical reports, sound engineering practices and those development standards (e.g.., Uniform Building Code requirement) in force at the time that those activities occur, will reduce potential geologic, geotechnical and seismic impacts to, a level which is not significant. 3.3 Water (Hydrology). 3.3.1 Potential Effect. project implementation will result ,in a change to existing drainage patterns, increase the quantity of clear flow and decrease the quantity of bulk flow through the introduction of impervious surfaces (preventing or minimizing'infiltration) and potentially decrease the quality of existing surface waters through the introduction and conveyance of particulates and other pollutants (e.g., oil) which may be deposited on project area roadways. Surface flows, which presently follow natural drainage patterns influenced by site topography, will be redirected along project area streets and through on-site drainage conduits. Findings. The Planning Commission hereby makes finding (1). Facts in Support of Findings. The following facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of, significance, (1) Mitigation' Measures contained in : Section 4.3.3 are hereby .incorporated by reference. (2) Although conveyance pathways will change as a result of grading activities and storm drain improvements, grading activities and project improvements will not result in a major reorientation of the direction of surface flows or changes in tlib " existing points of off-site discharge. (3) The project's proposed drainage plan is designed to accommodate both existing and projected flow characteristics and to safely convey storm flows. 14 3.4 Noise. 3.4.1 Potential Effect. Short-term noise, as it relates to land development and land use, is caused by construction activities. The construction phase is primarily comprised of two major activities: site preparation (which includes all earthwork) and building construction. It is estimated that locations at distances of 100, 200 and 500 feet from the boundary of the project site may receive very sporadic maximum noise levels of 84, 78 and 70 dBA, respectively. Furthermore, assuming that the exterior shell of existing residential dwellings provide a noise reduction of 24 decibels (with windows closed), interior noise levels of 60, 54 and 64 dBA, respectively, maybe assumed in the residential interiors located at comparable distances from grading activities. Long-term noise impacts are generally associated with both increases in motor vehicle traffic and operational characteristics (e.g. equipment sources) associated with a particular land use. As identified in the traffic analysis herein, development of the project will increase the traffic volumes within the project vicinity. However, in recognition of the proposed land uses (i.e., residential, commercial) no unique operational characteristics have been identified which constitute a significant noise source. The project site is adjacent to the SR -57 freeway which could generate noise levels incompatible with future residential land uses. Findings. The Planning Commission hereby makes finding (1). Facts in Support of Findings. The following facts or mitigation measures indicate that this potential impact ' is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Section 4.7.3 are hereby incorporated by reference. (2) To minimize noise levels in the vicinity of the Orange (SR -57) Freeway, additional noise attenuation will be required for those residential receptors located in proximity to that noise source.. The project includes construction of a noise wall/berm which will mitigate noise from the 57 freeway to acceptable levels. 15 . _.. .. _.._ .____:.• .:. __._L._.�.�:: -. r�mx1. l��b.�'zmd�ll'Wuwoahy�awvl4�-�*+�:.�.--F.,.-•.••,a•���'��s�:a.-.a^.*...--,.....a.A.M-.e..._._s�.s�.�r-_:.til•,,�.d..e�l�aw.kik,.wk:�nxi,�,.�wu�wc-.._-__.�.�.__—�.._` _ _,_ - _ _ - - - .. , (3) Although changes on on-site noise levels will be perceptible at a majority of noise receptor locations analyzed, future noise levels at those locations will continue to fall below the levels established under the City's noise guidelines. 3.5 Public Services and Facilities. 3.5.1 Potential Effect. Increased population (resulting from the project) will result in an increase in service demands, traffic and emergency calls and associated law enforcement activity both internal and external to the project boundaries. The project site is presently designated as a wildland fire hazard area. Site clearance, grading and subsequent development activities will potentially reduce the existing fire hazards in this area. Since there are currently no sewer lines within the project area, project implementation will require the extension of existing services onto the site and the development of new sanitary sewer facilities throughout the project area. Wastewater generated from both residential and non-residential uses will be transported by local sewers to facilities operated by the County Sanitation Districts. Wastewater generated by the project will be discharged into local sewer lines and conveyed to the Diamond Bar Trunk Sewer. As a result of project development, including both the removal of vegetation during the grading phase, the generation of building wastes during construction operations and the creation of residential/commercial and "green wastes" resulting from the use and habitation of the project site, additional solid wastes will be generated from on-site activities which will require subsequent disposal in an approved sanitary landfill. Development of the project will result in the introduction of additional residents to the City of Diamond Bar. Those "residents will impose additional demands on local and regional parks and recreational = areas. This demand will further exacerbate an identified shortfall of recreational amenities within the City boundaries. As a result of the introduction of additional residential dwellings, the project will directly result in an increase in the number of students within the Walnut Valley Unified School District. - Findings. The Planning Commission hereby makes finding (1) and (2). Facts in Support of Findings. The following facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Sections 4.8.1.3, 4.8.2.3, 4.8.3.3, 4.8.4.3, 4.8.5.3, 4.8.6.3 are" hereby incorporated by reference. (2) Although project implementation will introduce both additional residential and commercial/office uses to the project area, both the Los Angeles County Sheriff's Department and California Highway Patrol have indicated that project implementation will not adversely impact either existing facilities or future service L demands upon those agencies. As a result, project development will not significantly impact police protection services within the Diamond Bar area. (3) project implementation will reduce; in part, identified wildland file hazards identified in the project area. , Additionally, improvements to the area's roadway network will improve emergency vehicle access to the project site and surrounding areas. As'a result, project implementation will -beneficially impact the ability of the Los Angeles County Fire Department to provide -fire protection and paramedic services to the -project area. (4) Based on current available capacity of the San Jose Creek Water -Reclamation Plan (WRP) and Joint Water Pollution Control Plant (JWPCP) including planned expansion, projected project -related and cumulative impacts upon. county wastewater facilities is not anticipated. (5) Although a regional landfill capacity deficiency has been identified, County solid waste planners are actively pursuing the identification and entitlement of new facilities. Similarly, under AB 939 source reduction and recycling strategies have been adopted by the City of Diamond Bar to divertsolid wastes which would otherwise be disposed of at local sanitary landfills. (6) Development of the project will, provide additional recreational opportunities within the City. Since proposed park dedication acreage is greater than that identified by existing and proposed dedication requirements, project development will produce a potential beneficial- impact upon community -wide recreational resources, (7) Although project development will increase the number of students attending areawide schools and further exacerbate existing demands placed upon affected school facilities, project development will facilitate expansion plans proposed at the South Pointe Middle School through the elimination of existing physical constraints to that expansion. Similarly, proposed street improvements will improve vehicular access to that facility. Since proposed expansion will result in an increase in school capacity and since project -related contributions to school populations will not result in an exceedance of that capacity, areawide school impacts will not be significant, - 3.6 Cultural Resources (Archaeology/Paleontology). 3.6.1 Potential Effect. Since a reasonably thorough investigation has failed to . reveal the presence of any potentially significant cultural i-esourceg-Nitkia ihc'%Judy_� fpa, project implementation will not result in a significant impact upon -either prehistoric or historic resources. The subject area contains paleontological resources from Miocene sedimentary units. The rock units exposed on the site are considered to be of high paleontologic sensitivity and are known to contain fossils adjacent to the proposed development area. 17 Findings. The Planning Commission hereby makes finding (1). Facts in Support of Findings. The following facts or mitigation measures indicate that this potential impact is not significant, or will be mitigated below a level of significance. (1) Mitigation Measures contained in Section 4.9.3 are hereby incorporated by reference. (2) Since a reasonably thorough investigation has failed to reveal the presence of any potentially significant cultural resources within the study area, project implementation will not result in a significant impact upon either prehistoric or historic resources. (3) The site can be developed and still protect the _paleontological resources of the area if adequately mitigated. Implementation of appropriate mitigation measures as included in Section 4.9.3 will reduce project -related impacts to a level which is not significant. 3.7 Effects Found Not to be Significant. Based upon the findings of the Initial Study, a number of topical environmental issues were determined either to be: (1) inapplicable to the proposed project based upon either the nature of the project or the absence of any potential impact upon that topical issue; or (2) impacted to a degree deemed by the City to be not significantly and, therefore, not warranting further consideration in this environmental analysis. Environmental impacts considered initially not to be significant are listed below. • Groundwater Resources. Although grading activities will be required to facilitate site development, excavation activities associated with those grading operations are not projected to occur at depths sufficient to intercept or disrupt existing groundwater resources in the project area. Similarly, as a result of both the nature of proposed land uses (i.e., residential, commercial) and applicable permit requirements (e.g., NPDES permit), surface water dischargers to regional storm drain conduits will not contain contaminants to a degree sufficient to adversely affect existing water quality in both surface and subsurface water bodies. • Natural Resources. project implementation will not significantly increase the consumption of any renewable or non-renewable natural resource, significantly increase the localized demands for that resource(s) or adversely affect either the distribution of recovery of any resource. • Risk of Upset. project implementation will not result in the imposition of 18 significant risks to public health and safety, adversely affect emergency plans or planning activities or result in the introduction of hazardous or volatile materials. • Light and Glare. Although project implementation will result in the introduction of new sources of light and glare onto the project site (e.g., street lighting, buildingillumination vehicular traffic no sources of light or glare other than )� g traditionally associated with residential and commercial development (and typical of other like projects in the Southern California area) will be introduced onto the project site. • Utilities. Based upon consultation with individual service providers, the ready availability of service systems and the projected growth parameters of those utility purveyors, adequate electrical service (Southern California Edison), natural gas service (Southern California Gas Company) and telephone service (General Telephone) exists within the project area. 3.8 Growth Inducing Impacts. CEQA requirements for the ,analysis of growth impacts differ significantly from requirements for the analysis of environmental effects. Growth is not to be treated as an adverse environmental effect. The CEQA Guidelines specifically provide that "(it must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment." (CEQA Guidelines 15126, sub(g).) In the context of CEQA's treatment of effects on growth, the Planning Commission finds that the project will not affect growth. The majority of future residents are anticipated to be drawn from other areas within Los Angeles and Orange Counties. In recognition of the cost of housing within the Southern California area, the majority of prospective home purchasers are assumed to be already employed within the region and the selection of the project site (as a site for residency) will be based upon both the value of the resulting housing product and perceptions concerning acceptable commuting distances from that place(s) of employment. Similarly, the construction techniques required for project development are in common practice throughout the construction industry. An adequate labor force for each of the construction trades presently exists within the region, As suchregionalin-migration based upon the project's residential component is expected to be minimal. Although new employment opportunities will directly result from the introduction of commercial/office use on-site and a limited number of additional jobs may indirectly result from both the construction of the project and the service requirements imposed by new project area residents, the size of the existing labor pool located in reasonable proximity to those employment opportunities suggests that any in -migration required to fill those jobs would be limited. based upon the employment generation assumptions presented ip-the DEIR, ^the prbject is aitti4pated to generate an estimated 464 new job opportunities within the subregion. As a result of those projections, the job/housing ratio associated with the proposed project is 2.32 (i.e., 464 jobs/200 units). This figure exceeds the adopted regional goal and wily facilitate subregional objectives to encourage job growth. projects which support regional growth objectives (e.g., job/housing balance goals) are 'consistent with the GMP. Based upon that consistency, the project should not be perceived as growth -inducing. The extension of streets and 19 other infrastructure improvements into the site will not contribute to growth beyond the project boundaries. The construction of local and collector streets and associated infrastructure improvements are undertaken in response to development pressures rather, than contribute to them. Proposed General Plan policies and regional infrastructure improvements have a greater likelihood of influencing growth. The project will not produce localized demands for goods or services which are not presently provided, within the region, result in the removal or elimination of existing barriers to project area development or encourage additional development peripheral to the project site. Based upon ,the absence of these factors, .project implementation will not produce growth - inducing impacts. 4.0 FINDINGS REGARDING ALTERNATIVES. This section presents findings regarding alternatives to the project. The section provides a summary and discussion of the feasibility of the five- base alternatives for the South Pointe Master Plan, concept plan alternatives and design alternatives for Tentative Tract 51253. The five base alternatives include: no project alternative, development under proposed General Plan and zoning, reduced project size, and cluster development. 4.1 Feasibility and Comparative Environmental Effects of Alternatives. 4.1.1 No project Alternative (Open Space Preservation) The Master Environmental -Assessment contains a number ' of policies supporting the preservation of existing open space resources within the 'City for both their aesthetic and biological value-. In reference to those policies, "Sandstone Canyon" (which includes a portion of the ro'e i i ct site,) s identified as an area of potential reservation. In Ire P J ) p � P conformance with those policies the "no project" (i.e., no development) alternative assumes that the project site would be retained as a community open space resource. The no -project alternative would avoid most if not all of the adverse impacts associated P J � p with develo ment of the project. Nonetheless, P P J this alternative has been rejected because J i it does not meet the project objectives and is not consistent i h' h o City's proposed � General Plan for specific economic social and other considerations. c s derations. Under this alternative development rights to the ect would be conveyed (through either public acquisition or implementation of a transfer of developmentment rights). • Without public intervention and in recognition of existing market forces, there is little likelihood _ that the site would be retained in its existing condition. The' proximity of adjoining residential and commercial land uses, the ready availability of existing infrastructure improvements and the land use policies contained in both the city of Diamond Bar proposed General Plan and Zoning Ordinance all positively influence the "Arr site's'subsequent urbanization. Based upon these factors, the "no project" option should not be considered a feasible alternative without public and/or.private participation. 4.1.2 General Plan Authority Alternative 20 The project site includes a number of proposed General Plan designations, including Planned Development (Low Density Residential), Planned Development (Low -Density Residential, Park, Open Space, General Commercial), School, Park and Water (Facility). II, In accordance with those designations and corresponding public policies, allowable land uses and densities for the subject property were defined. Development of the project site in accordance with the land use policies presented in the proposed General Plan would authorize the intensification of the project area to a greater extent than that proposed under the South Pointe Master Plan. In general this alternative would create greater impacts in each environmental category than the project alternative. 4.1.3 Alternative Site Plan - Cluster Development Under this alternative, development is restricted to those areas of the site which would produce the least impact to Sandstone Canyon. Development would occur only along Brea Canyon Road (in the vicinity of the Walnut Valley Water District site) and in the western area of the site. Under the cluster development concept Enclave 1 consists of 5,000 square foot postage stamp lots, Enclave 3 contains attached townhomes (14-20 dwelling units per acre) with extensive use, of retaining walls and Enclave 4 consists of 2.5 acres of commercial land uses. Preservation of Sandstone Canyon through this land use concept introduces high density residential development patterns which are not consistent with the character of existing neighborhoods and reduces the commercial development potential of land with freeway visibility to a minimum, thereby not fulfilling City objectives associated with increasing employment opportunities and the sales tax revenue base. This alternative would reduce impacts to biological resources, however, impacts with regard to land use (compatibility with adjacent development) and aesthetics (use of extensive retaining walls) would be greater. In addition, this alternative would not support objectives of the proposed General Plan related to developing an economically solvent community and capturing freeway oriented business opportunities, therefore this alternative has been rejected. 4.1.4 Maximum Development Alternative Under this alternative the project site is further intensified through both the introduction of additional single-family detached dwelling units and by further expanding the acreage allocated for commercial/office uses. A total of 220 residential units and an estimated 302,960 square feet of non-residential use would be developed under this option. This alternative would result in greater impacts than the project alternative. 4.1.5 Tentative Tract No. 51253 Alternatives A separate tentative tract map (i.e., Tentative Tract No. 51253) has been filed on the 6.87± acre property located in the northwestern corner of the project site. Development alternatives for this site were analyzed in the EIR. These alternatives did not substantially alter the impact assessment. 21 4.1.6 Summary of EIR Alternatives Compared to project Alternative In selecting between project alternatives, there is not a single solution which minimizes environmental impacts and maximizes public benefits for each -of the topical issues addressed under this environmental analysis. For example, while the "no project" (preservation) alternative minimizes or avoids many of the adverse environmental effects, that alternative requires the development of alternative solutions to remove and dispose of the surplus soil presently stockpiled on the South Pointe Middle School site, reduces job opportunities as encouraged under the Growth Management Plan (SCAG, February 1989) and may inhibit the City's goal to expand active recreational opportunities throughout the community. In addition, the "no project" alternative is inconsistent with the proposed General Plan Land Use Map and would require the adoption of a proposed General Plan amendment identifying the site as permanent open space. In relation to density reduction alternatives, according to Section 15092 of the State CEQA Guidelines, alternatives which provide a reduction in project density should only be considered if there does not exist another mitigation measure or measures which will provide a comparable level of mitigation. Referencing those guidelines, with respect to the project which, includes housing development, the public agency shall not reduce the proposed number of housing units as a mitigation measure if it determines that there is another feasible specific mitigation measure available that will provide a comparable level of mitigation." The mitigation measures provided in the DEIR provide a comparable level of mitigation for the project alternative. 4.1.7 Concept Plan Alternatives - The concept plan alternatives would result in impacts similar to those identified for the project alternative. Concept Plan No. 1 Concept Plan No. 1 includes the development of roadway linkages between Larkstone Drive and Brea Canyon Road and Morning Sun Avenue and Brea Canyon Road as proposed in the South Pointe Master Plan. Access between Enclaves 3 and 4 is provided by a stubbed street. Under this concept plan, a conceptual park plan is provided. That park includes two baseball diamonds and a football field, two independent parking areas and other minor improvements are located southerly of the proposed collector road, Concept Plan No. 2 The linkage between Larkstone Drive and the proposed internal roadway connecting Morning Sun Avenue and Brea Canyon Road was modified to accommodate only emergency access. A turnout (illustrated by a loop road) is provided from the proposed collector road to facilitate drop-off and/or pick-up of students attending the South Pointe Middle School. The commercial site plan is modified to reflect two primary points of ingress and egress (including additional emergency access from Tentative Tract No. 32400), allowing vehicular access from both Brea Canyon Road and the proposed internal collector road. 11 Commercial uses are situated within the quadrants formed by that access with additional circulation provided by a peripheral driveway. Concept Plan No. 3 Under this concept plan, no direct vehicular linkage is provided between Larkstone Drive and Brea Canyon Road (although access continues to exist between Morning Sun Avenue and Brea Canyon Road). Vehicular access to the school site is, however, provided from Brea Canyon Road by way of a local collector street. That collector provides access to a cul-de-sac adjoining South Pointe Middle School, offering ingress -egress to on-site parking and drop-off/pick-up opportunities for school-age children. The cul-de-sac further services a single centralized parking area for the proposed park site. In order to create a large area for organized recreational activities, the alignment for -the collector street is re -oriented in a southerly direction. In relocating that roadway, a larger playing field can be provided (i.e., three baseball diamonds, soccer field) and an outdoor amphitheater included as a potential on-site amenity. In addition, Collector "A" provides ample on -street parking opportunities for park users. Under this concept access between commercial land uses (Enclave 4) and parklands is enhanced. In addition, Enclaves 4 and 5 (commercial and open space) are visually and T . physically linked through reduction in grade differential. Concept Plan 3 provides increased pedestrian safety by providing improved access - between commercial structures and supporting vehicular parking areas. Concept Plan No. 4 Under this concept plan, the internal collector -road (i.d., Street '"A") connecting Morning Sun Avenue and Brea Canyon, Road has been -realigned ed in a northerly direction to position the eastern segment of that roadway between Enclave No. 3 (i.e., Tentative Tract No. 34200) and Enclave No. 4 (i.e., commercial/office use). This. layout may increase traffic noise due to street grade, for Enclave 3 residences which back-up to Collector "A". This design concept increases both the physical separation between those residential and non-residential uses and increases the park acreage, potentially usable. for active and/or passive recreational pursuits.. By limiting street frontage in the Vicinity of the proposed park site, vehicular access opportunities to that future park area may, however, be reduced. In addition, this street layout tends to isolate the'park/open space acreage as opposed to making "the parkland the center of the South Pointe community. 4.1.8 School Site Alternatives Implementation of the proposed development will require Landform alterations affecting "^ most of the project area and including a portion of I the existing South Pointe Middle School site. Fill materials for Enclave 3 will be derived in part from the existing school site which 23 adjoins the project. In recognition of this proposed off-site grading, the area encompassing the South Pointe Middle School (i.e.., approximately 32 ± acres) has been included in the "total master plan area." This component of the proposed grading plan was previously addressed in the Final Environmental Impact Report for the Walnut Valley Unified School District School Site. In describing the proposed school site project, the referenced environmental document indicated that the school project "consists of a 30.64 acre school site which will involve 997,000 cubic yards of grading, and adjacent TT (Tentative Tract No.) 32400 and 800,000 cubic yards of grading. The dirt from the hills of the school site will be pushed west into the valley which lies in between the school site and the tract." That environmental assessment further states: "The (South Pointe Middle School) project will be constructed by typical hillside grading operations (i.e., the excavation of hilltops and filling in of depressions in areas proposed for development). (In this case, however, the grading pattern is more dramatic, because of the steep hills and deep valleys.) The alteration of this particular landform will involve a total of 1.8 million cubic yards of grading for the entire project area (school site plus Tentative Tract No. 32400 tract). This entails 997,000 cubic yards for the school, and about 800,000 cubic yards for the tract. The maximum depth of fill is estimated at 100 feet." "The easterly adjacent fill disposal site will receive excess soil materials derived from the school site grading. Compacted fill materials derived from the- school site grading (sic). Compacted fill materials will be placed within the major north to south trending natural drainage course in thickness varying up to 60± feet. A 2:1 fill slope is also proposed at the southerly end of the canyon to a height of up to 80± feet. Grading is not planned at the present time in peripheral areas located beyond the canyon. Tentative Tract (No.) 32400 is ultimately proposed within the fill disposal area." No project (South pointe Middle School) If a "no project" alternative is selected for the site then an alternative plan would be required to dispose of the surplus (stockpiled) soil presently on the South Pointe Middle School site. As proposed, as part of the project, the stockpiled soil will be used within the project boundaries. Under a "no project" alternative the surplus soil would require off-site exportation to an approved depository. In addition, depositing the soil at an alternative site could require an addendum or supplement to the South Pointe Middle School FEIR prepared by the Walnut Valley Unified School District. The additional time to prepare the revised EIR (six months) and cost would be borne by the School District. The need for additional environmental analysis under a "no project" alternative is -based on a substantial increase in construction related environmental impacts associated with removal of the stockpiled dirt. If the stockpiled dirt were disposed of at a sanitary landfill it would impact landfill d ° capacity. In addition, the transportation of the soil to the landfill or alternative 24 .n n development site would require 20,000 truck trips (average disposal truck can hold 20 cubic yards). If disposal occurred over a one year period and you consider that construction activity occurs only during weekdays, then one could anticipate approximately 150 truck trips to occur each day for a year. These trucks would emit noise and air pollutants traveling back and forth from the disposal site. If the trucks used local residential streets then adjacent residential neighborhoods would be impacted. If a haul road was created through the project site there would be an increase in PM10 emissions. 25 0 5.0 STATEMENT OF OVERRIDING CONSIDERATIONS. r The South Pointe Master Plan EIR indicates that if the South Pointe Master Plan is implemented, certain significant effects may be unavoidable. However; if the benefits of a proposed project outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." The Planning Commission finds the unavoidable significant effects described in n 2 g Sectio .0 are acceptable and alternatives with less significant environmental impacts are not preferable as described in Section 4.0, due to the following overriding considerations. - 5.1 The project will result in the provision of substantial amenities to the City. - The following is a list of amenities that will be provided to the City as a result of the project: A. The project includes the dedication of 28+ acres of neighborhood -park land. The park land dedication exceeds the park dedication ratios established by the City and therefore helps off -set the City's current parkland per resident ratio shortfall. B. In addition to the 28+ acre park' dedication, the project includes several open space additions. Two adjacent and permanent open space areas in the east and west of the project will be maintained by the Homeowners Association. The total of the open space areas will provide for the protection of natural resource values. South, Pointe Middle School consists of 32 acres, of which half will be devoted to active open space uses. Total Park/Open Space acreage within the South Pointe Master Plan will approximate 91 acres. C. Transfer of an undeveloped parcel of land of approximately 2.87 acres (i.e., Larkstone Park) from the City of Diamond Bar to the, Walnut Valley Unified School District for inclusion within South Pointe Middle School. D. Expansion of the South Pointe Middle, School and the implementation of that facility plan through the finalization of both land acquisition and the grading plan for that site. E. Improvement of the localized circulation patterns by enhancing access 0 PP Y ortunities to South Pointe Middle School. B improving rovin access to both school users and emergencyencY vehicles public, he alth and safe tY considerations and emergency response planning will be enhanced. F. Reduction of existingildl nd fir wa e h azards now evident on-site. 5.2 The project will result in the provision of substantial land use benefits to the City. The following is a list of land use benefits that will result from development of the project: ►7 . A. The comprehensive planning associated with -the project will ensure that the site is developed in harmony with the City's image as a well planned and aesthetically pleasing environment. The project will consist of single family land uses which are compatible with the project's residential neighborhood setting and a commercial land use component which takes advantage of the site's proximity and visibility from the Orange (SR -57) Freeway. Y B. Although development of the project will result in the disturbance of the ecological areas located on the site, the developer will be required to restore, enhance and preserve the undeveloped areas of the site and will be required to replace oak trees at a two -to -one ratio and replace wetland values through the obtainment of a 404 permit and 1601 agreement. C. Expansion of existing housing opportunities in fulfillment of the development objectives of the City of Diamond Bar proposed General Plan. D. Expansion of employment opportunities in furtherance of the regional job/housing balance objectives identified in the Southern California Association of Governments (SCAG) Growth Management Plan. E. Maintenance of the integrity of residential neighborhoods by minimizing through traffic through existing residential neighborhoods. F. Designation of adequate lands for -retail and service, commercial, professional services and other employment generating uses in sufficient quantity to meet the City's needs. G. Provision of joint development of school/park sites. H. Provision of a mixture of complementary development types (e.g., residential, recreational, sales tax and employment -generating uses) in an integrated manner. L Provision of hillside development which is consistent with the City's hillside management 'ordinance and compliments existing adjacent residential character. 5.3 The project will result in substantial financial benefits to the City. The following is a list of financial benefits that will result from development of this project: A. Creation of an economically viable site plan, allowing for the development of public recreational facilities and conveyance of other community benefits to the City. Project implementation will further community-based public facility objective, expand the inventory of public lands and augment the City's asset management program. B. Creation of a number of commercial parcels totaling approximately 31 acres. upon recordation of the final maps, a portion of the commercial acreage will be conveyed to the City of Diamond Bar for its subsequent use or disposition. 27 C. The development of the commercial parcels will bring sales tax revenues to the City. In addition, the construction of the development will increase property tax revenues tp the City and other taxing entities. PLANNING COMMISSION RESOLUTIONS NOS. 93-17, 93-19 & 93-20 EXHIBIT C SOUTH POINTE PLANNED COMMUNITY ZONING REGULATIONS AND DEVELOPMENT STANDARDS PREPARED FOR THE CITY OF DIAMOND BAR Prepared by: THE PLANNING ASSOCIATES 3151 Airway Avenue, Suite R-1 Costa Mesa, California 92626 TABLE OF CONTENTS PAGE SECTION I STATISTICAL ANALYSIS 1 SECTION II NOTES 2 SECTION III PERMITTED USES AND DEVELOPMENT STANDARDS - 9 RESIDENTIAL GROUP SECTION IV PERMITTED USES AND DEVELOPMENT STANDARDS - 11 INSTITUTIONAL AND OPEN SPACE GROUP SECTION V PERMITTED USES AND DEVELOPMENT STANDARDS - 12 COMMERCIAL/OFFICE GROUP SECTION VI HILLSIDE DEVELOPMENT STANDARDS 15 SECTION VII LANDSCAPING STANDARDS 19 SECTION VIII PLAN REVIEW 21 SECTION I. STATISTICAL ANALYSIS The South Pointe Planned community has been divided into five (5) enclaves: 1. Western Residential Enclave - Tract No. 51407 and 51253 2. Northern Institutional Enclave - South Pointe Middle School 3. Northeastern Residential Enclave - Tract No. 32400 4. Eastern Commercial Enclave 5. Central Open Space Enclave Enclave Number of Number Use Lots/Sq. Ft. 1. Single Family Residential 111 2. School N/A 3. Single Family Residential 91 4. Commercial/Office 290,000 S.F. 5. Open Space/Park N/A TOTAL: 202 Lots Acres 48± 32+ 40+ 31+ 20+ 171 AC SECTION II. NOTES 1. Except as otherwise stated herein, the requirements of the City of Diamond Bar Zoning Code, shall apply. The project entitlements shall entail a Development Agreement and for Tentative Tract Map Conditions. 2. School facilities shall be provided as follows: A. 30± acre South Pointe School site (site partially graded and facilities constructed on graded portion only). B. Grading on the eastern portion of the existing South Pointe school site to accommodate new school facilities (this activity has been previously reviewed and approved with all State and School District permits approved including a certified EIR). C. A transfer of 2.8± acres of land (Larkstone Park) from City to School District for South pointe school purposes. 3. The City shall acquire 4± acres of Water District land to be included in the residential and commercial component of the Master Plan. 4. The City shall transfer or vacate 6± acres of City owned Right -of -Way to be used for residential and commercial purposes. 5. Master Plan implementation shall include a new through connection from Morning Sun Avenue to Brea Canyon Road providing access to South Pointe Middle School. This new through access shall connect to Larkstone Drive with a provision to allow the City the ability to close the Larkstone through access in the future. 6. An assessment of the mitigation monitoring program shall be completed as a function of each administrative or entitlement action associated with future land use approvals or permit activities. 7. California Government Code Sections 65450 and 65401 authorize cities to prepare, adopt and administer Specific Plans for portions of their jurisdictions. This Master Plan has been prepared to serve as the Specific plan for that portion of the City of Diamond Bar referred to as the South Pointe Planned Community. 8. No building permit or grading permit, conditional development permit, tentative tract or parcel map or site plan or any other entitlement may be granted for any parcel within the South Pointe Planned Community which would be inconsistent with the provisions of these zoning regulations and development standards. 2 9. Public Facilities plans shall be prepared in. accordance with the regulations and standards of the governing jurisdictions.' A. Grading Component Implementation of the proposed development will require landform alterations affecting most of the project area. The project's grading plan (Figure 15 of EIR) has been developed in response to the site's existing topography and can be characterized as the removal of earthern material at higher elevations and the deposition and recompaction of these soils in low-lying areas. (1) All geologic, geotechnical and soils ,studies conducted for the project and all engineering analyses conducted for the proposed grading plan shall be submitted to and approved by the City prior to the approval of the Final Tract Maps. (2) All grading, earthwork , and associated development activities shall be designed and conducted in accordance with applicable City and County standards and shall conform with recommendations contained in the Preliminary Soils Engineering, Investigation for Tentative Tract No. 32400, County of Los Angeles (Petra Geotechnical, Inc., October, 18, 1988), Geotechnical Feasibility Investigation for 80 Acre Development N/Pathfinder Road and W/O Brea Canyon Road, (RMA " Group, September 21, 1992) and such other geotechnical reports as may be prepared for the site and/or required by the City and County. B, Drainage and Flood Control Component Project implementation will result in a change to existing drainage patterns and require fill within blue -line streams. Post development drainage conditions have been broken down into three distinctive drainage areas. Drainage area one discharges into an existing 60 -inch -RCP which is _ part of an existing Caltrans drainage facility within Brea Canyon Road. Drainage area two discharges into anexisting RCP which is part of Los Angeles County Drainage Facility P.D. 1411. The third drainage area is part of Los Angeles County Drainage Facility P.D. 1467. Based on the project's drainage plan (Figure 18 of EIR) it can be concluded that both the Caltrans Facility and the Los Angeles County Drainage Facility (P.D. 1411-) can adequately accommodate storm run-off from the project. County Drainage Facility P.D. 1467, located . in Fairlane Drive, will require subsequent improvements to accommodate projected design discharge. 3 1 The project applicant(s) shall be financially responsible for the following items: (1) the construction or advancement of funds for the construction of any required on-site drainage improvements as contained in the Master Plan of Drainage Facilities approved by the City Engineer and County Engineer of Los Angeles County; (2) the construction of in -tract and off- site storm drain system improvements; and (3) any permits or other assessments imposed by the County Engineer. (2) Drainage shall be disposed of in a manner satisfactory to the City Engineer and County Engineer of Los Angeles County. The design and installation of project drainage facilities shall be in accordance with the flow criteria, design standards and construction requirements of both the Los Angeles County Department of Public Works and the City of Diamond Bar. (3) Prior to the approval of the final tract map(s), a special maintenance district or other funding mechanism acceptable to and approved by the City and/or County Engineer shall be established for the maintenance of on-site storm drainage facilities. (4) Prior to the issuance of a grading permit for any proposed alteration to the streambed, the project applicant(s), if applicable under State and/or federal law, shall obtain a Section 404 permit from the United States Department of the Army Corps of Engineers for the placement of dredged. or fill materials into the "waters of the United States" and a Section 1601-1607 permit from the California Department of Fish and Game for proposed streambed alterations which may impact existing wildlife. (5) Prior to the initiation of grading operations, the project applicant(s) shall obtain all applicable construction, stormwater and NPDES permits as may be required by the City, the County of Los Angeles and the California Regional Water Quality Control Board for the discharge of urban pollutants. C. Circulation Component Note 5 within this section identifies that this project shall include a provision for a new through connection between Morning Sun Avenue and Brea Canyon Road. Project collector and residential streets and Brea Canyon Road shall be built to the ROW standards for each enclave. The project proponent shall contribute on a fair share basis for near term and long term intersection improvements identified in Section 4.5.3_ of the EIR. C, (1) Brea Canyon Road shall be constructed to the planned four -lane cross- section between Colima Road and Pathfinder Road. Plus, left -turn lanes shall be provided at each of the three project access points along Brea Canyon Road. The location of the three new project points along Brea Canyon Road shall be designed to provide adequate sight distance. Care shall be taken that the future grades and landscaping adjacent to these intersections, as well as all internal project intersections, do not obstruct the necessary line -of -sight. (2) With the development of the site plan for both the retail and residential components of the project, a traffic signal warrant shall be conducted to determine if a traffic signal is required. (3) Larkstone Drive shall be a through street to new Street "A" connecting Brea Canyon Road. The City reserves the right to close the Larkstone Drive through connection (at "A" Street) in the future. D. Wildland Fire Hazard Component The project site is currently designated as a wildland fire hazard area. However, development of the site, including the reduction in natural open space areas and the removal of existing vegetation, may effect the status of the fire hazard designation and consequently development standards may be revised to reflect changed conditions. (1) If applicable, Los Angeles County Fire Department requirements for development in a wildland fire area shall be incorporated to reduce potential fire hazards. These provisions include, but may not be limited to: (a) fire -resistive protection of exterior walls/openings; (2) fire - retardant roof covering; (3) fire -resistive construction for decks, balconies and support structures; and (4) chimney screens installed on each chimney flue. (2) Project design and maintenance activities shall comply with brush clearance programs administered by the Los Angeles County Fire Department_ (3) - Prior to the initiation of construction activities, the project applicant(s) shall submit and the County Forester and Fire Warden shall approve a fire hazard reduction/fuel management plan to minimize brush fire hazards on- site. That plan shall include, but may not be limited to: (a) use of fire retardant ponstruction materials; (b) brush clearage and maintenance activities within 100 feet surrounding individual structures; (3) irrigated 5 \; planting areas with provisions for maintenance activities; and (4) the provision and maintenance of fire breaks. (4) in order to limit the potential threat of wildland fires, -low-fuel volume plants shall be incorporated into the revegetative plan. (5) Prior to the issuance of building permits, the Los Angeles County Fire Department shall review building plans for compliance with Los Angeles County Fire Department standards for construction, access, fire hydrant, fire flow and water main requirements. (6) The project's water system shall be designed in response to final fire flow requirements identified by the Los Angeles County Fire Department. Final fire flow will be based on building occupancy, the size of the buildings, their relationship to other structures and property lines and type of construction materials used. (7) Project approval shall include the completion of public water main improvements as may be required to meet final fire flow requirements imposed by the Los Angeles County Fire Department. (8) Prior to the commencement of any structural framing, fire hydrants shall be installed, tested and accepted by the Los Angeles County Fire Department. E. Water Supply and Wastewater Facilities Component Project Supply and Wastewater Facilities Component Project implementation will require the extension of existing services onto the site and the development of new sanitary sewer facilities throughout the project area. Wastewater generated by the project will be discharged into local sewer lines and conveyed to the.Diamond Bar Trunk Sewer to treatment facilities operated by the County Sanitation Districts. Based on current available capacity and planned .expansion at the San Jose Creek facility, project wastewater generation can be accommodated. (1) Prior to final tract map approval, the project applicant(s) shall submit a sewer study to both the County and City Engineer identifying project wastewater flow and tributary flow to the existing County trunk and local sewer lines. This study shall identify: (a) the location, phasing, bonding and details of any proposed sewer facilities and improvements by street configuration, lot layout and gravity flow; (b) any current capacity shortfalls of the County trunk and/or City sewer lines; and (c) specific 21 design recommendations to -provide additional lines or sizing upgrade, if required. (2) The project applicant(s) shall convey access and property easements and rights-of-way to the County Sanitation Districts of Los Angeles County, as deemed necessary by the County and City Engineers, for the construction and maintenance of sewer lines and associated facilities. (3) The project applicant(s) shall contribute an appropriate share of cost, as established by the City, to fund improvements to the area's main lines, pumping stations, etc. required as result of project development. (4) Prior to final tract map approval, sewer connection fees as established by County of Los Angeles and/or City of Diamond Bar shall be paid by the project applicant(s). (5) The project applicant(s) shall provide to the County Sanitation Districts of Los Angeles County information regarding the construction and/or building schedule of the project so that the timing of the County Sanitation Districts expansion may be coordinated with the projected increase in demand. F. Parks and Open Space Component In accordance with the terms of the proposed development agreement the project proponent proposes to dedicate and develop a 28± park site (Enclave 5). This proposed dedication exceeds both existing park dedication requirements (3 Ac/1000 residents) and proposed revisions (4 Ac/1000 residents). By exceeding park dedication requirements the project will help offset the current park acreage shortfall within Diamond Bar. (1) Prior to the approval of the tentative tract maps, the project applicants shall review development plans with the Los Angeles County Department of parks and Recreation to facilitate implementation of the City and County's Ordinance required regional trail system. If required by ,the County, adequate provisions (e.g., trail dedication, signage) shall be provided to ensure the dedication of any Ordinance required trail links. (2) Dedication and development of the proposed park site shall comply with design standards for park size, location, relationship to adjacent properties and community facilities as contained in the Master Plan of Parks or as ' may be otherwise required by the parks and Recreation Commission and the Director of the City. of Diamond Bar' Parks and Recreation r Department. ( I, i 7 G. Educational Facilities Component As a result of the introduction of additional residential dwellings, the project will directly result in an increase in the number of students within the Walnut Valley Unified School District. The School District collects school fees (on a square foot basis) from both residential and non-residential development. This fee will be collected upon issuance of building permits. Development of the project will result in the removal of surplus/stockpiled (native) soil from the South Pointe Middle School site, thereby allowing the subsequent expansion of that facility in accordance with the approved facility plan. Implementation of the project's circulation plan will improve existing vehicular access to South Pointe Middle School. i 8 SECTION M. PERMITTED USES AND DEVELOPMENT STANDARDS Residential Group Enclaves 2 and 3 A. INTENT AND PURPOSE It is the intent of this group to allow residential land uses within a planned community setting. The regulations specified in this -section apply to Enclaves 1 and 3. B. PERMITTED USES 1. Single family detached residential dwelling units 2. Accessory uses and structures where related- and incidental to the permitted use. C. DEVELOPMENT STANDARDS Enclave 1 Enclave 3, 1. Minimum Lot Size 8,000 s.f. 7,200 s.f. 2. Minimum Lot Pad Size 6,900 s.f. 6,000 s.f. 3'. Minimum Lot Depth 100 ft. 100 ft. 4. Minimum Lot Frontage 60 ft. 60 ft. 5. Minimum Lot Frontage on Knuckle 45 ft. 40 ft. - 6. Minimum Lot Frontage on Cul -de -Sac 40 ft. 40 ft. 7. *Rear Yard and Side Yard Slopes 2:1 and/or 2:1 and/or 1 1/2:1 1 1/2: 1 8. Maximum Grade Shown on Roads „ (15 % Maximum Allowable) 12% 12% -9. Maximum Height of Architecture 35' Ht./2,Stories 35' Ht./2 Stories 10.**Setbacks Front Min. 16' from ROW/ Min. 16' from ROW/ Average 181 Average 18' Side 5' and 10' Flat/ 5' and 10' Flat/ Clear Clear Rear 20' Measured from 20' Measured from Structure to Top Structure to Top of Slope of of Slope of Building Pad Building Pad 11'. `Parking 2 -Car Garage/ 2 -Car Garage/ Guest in Driveway Guest in Driveway 9 12. Driveway Garage Minimum Garage Minimum 16' from ROW/ 16' from ROW/ Average 18' Average 18' 13. Street Widths: Collector 64' ROW/40' Paved 64' ROW/40' Paved Residential 60' ROW/36' Paved 60' ROW/36' Paved Brea Canyon Road N/A 77' ROW/(Varies) 52' paved (Varies) 14. Maximum building coverage of all structures, including accessory structures shall not exceed 65 15. Side walls which face on any street or open space area and rear walls shall be 6' tall, consist of masonry material with a stucco exterior and pilasters. Front yard walls behind the right-of-way may not exceed 3 1/2 feet in height. Views may be preserved by utilizing a combination of a low masonry stucco wall with wrought iron between pilasters. Wooden blank fences shall be permitted between homes to define private yard area. * As approved by Geotechnical Consultant ** Average setback, homes shall be staggered minimum setback shall be 181, providing a variety of front yard setbacks to prevent a series of similar front yard setbacks. 10 SECTION IV. PERNIITTED USES AND DEVELOPMENT STANDARDS Institutional and Open Space Group, Enclaves 2 and 5 A. INTENT AND PURPOSE It is the intent of this group to allow land uses which support community functions related to education and recreation., The regulations specified in this section apply to Enclaves 2 and 5. B. PERMITTED USES 1. Public School (Enclave 2 only) 2. Parks; including active and passive areas, open space 3. Accessory uses and structures where related and incidental to the permitted use. C. DEVELOPMENT STANDARDS 1. Development standards within Enclave 2 shall be determined through Site Plan review conducted by the School District. 2. Development standards within Enclave 5 shall be determined through Site Plan review conducted by the parks and Recreation Commission. 3. Setbacks, building height and bulk and landscaping should reflect neighborhood character. 11 SECTION V. PERMITTED USES AND DEVELOPMENT STANDARDS COMMERCIAL/OFFICE GROUP ENCLAVE 4 A. INTENT AND PURPOSE It is the intent in this group to allow a combination of commercial activity and business and professional offices. The regulations specified in this section apply to Enclave 4. B. PERMITTED USE 1. Professional and business offices. 2. Service businesses. 3. Government facilities_. 4: Retail establishments including restaurants. 5. Parking structures. 6. Accessory uses and structures where related and incidental to a permitted use. C. DEVELOPMENT STANDARDS 1. Lot Minimums N/A 2.* Cut and Fill Slopes 2:1 and/or 1 1/2:1 3. Maximum Grade Shown on Roads 12% (15% Maximum Allowable) 4. Maximum Height of Architecture 50' 4 5. Setbacks: Street 30' from ROW Side 20' Measured from Structure to Top or Toe of Slope of Building Pad 6. Street Widths: Collector 64' ROW/40' Paved Brea Canyon Road 77' ROW (Varies) 52' Paved (Varies) 7. The following structures and improvements are specifically permitted in the setback area: a. Walks b. Paving and associated curbing, except that vehicle parking areas shall not be permitted within ten feet of the street property line. C. Landscaping d. Planters, architectural fences or walls not to exceed three and one half feet in height. 8. Parking Standards Per Code 9. Sign Standards ems, 12 A planned sign program shall be prepared which illustrates the number, size, color and lighting of all proposed signs. No more than two free standing monument signs shall be permitted per street frontage. 10. Landscaping a. Fifteen percent landscaping is required for each improved building site. b. Trees shall be provided within the street setback at a ratio of one tree per each thirty linear feet (trees may be grouped in clusters). C. All required trees shall be a minimum 15 gallon size. d. All unpaved areas shall be planted with a ground cover and/or shrub material. e. Damaged plantings and irrigation equipment will be repaired or replaced within 30 days. 11. Drives and parking Areas a. The intent of providing landscaping in parking areas is to offer relief to the monotony of rows of parked cars and to create an overhead canopy thus providing a vertical dimension to an otherwise dominantly horizontal element of the landscape. b. A minimum of fifteen percent of that portion of the site devoted to parking shall be landscaped. C. A minimum of one fifteen gallon tree per four parking stalls shall be required in the parking area. The trees must be clustered with at least two (2) trees per grouping. The trees shall be in planters h located within the parking areas to ensure that the trees that are ea P g reduce heat gain. In order to be considered within the parking area, the trees must be located in planters that are bounded on at least three sides by parking area paving. The planters must have a minimum dimension of five feet by sixteen feet. d. Open parking areas shall be screened from view from adjacent properties and streets using walls, berms and/or evergreen landscaping. The screening `shall have an eventual minimum ,III height of three and one half feet. 12. Storage and Refuse Collection Areas All storage and refuse areas shall be constructed and contained as to eliminate odors, insects, dust or other similar nuisances. They shall be screened from view of adjacent streets, on-site entry areas and guest parking areas. The screening material shall consist of a solid masonry 13 material which is designed to blend with the architectural style of the main building. 13. Screening of Equipment All mechanical, utility and operational equipment located on the exterior of the building (roof mounted included) shall be screened from off-site view. 14. Lighting Parking lot lighting fixtures are to have an overall maximum height of sixteen feet. Wa_kway lighting fixtures are to have an overall maximum height of twelve feet. Security lighting fixtures are not to project above the fascia or roof line of the building, and are to be shielded. 15. Exterior Design a. No part of the roof may project above the parapet b. All exterior wall elevations of buildings facing streets are to have architectural treatment. ✓ lb. Development plans for Enclave 4 shall be reviewed pursuant to the City of Diamond Bar's development review process. * As approved by Geotechnical Consultant 14 VI. HH LSIDE DEVELOPMENT STANDARDS: All development within the South Pointe Master Plan shall comply with the following standards: 1. All finished slopes on the exterior of the proposed tracts shall be landform -graded, especially where viewed from public rights-of-way: Landform Grading replicates the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform -graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, non -linearity in plan view and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. 2. Slope down -drain devices will follow "natural" lines of the slopes or be tucked away in. special swale and berm combinations in order to conceal the drains from. view. Exposed segments in high visibility areas will be treated with natural rock. 3. Landscaping will be characterized as a-"revegetation" process and will be applied in patterns that, occur in nature: Trees and shrubs should be concentrated largely in concave areas, while convex portions should be planted mainly with groundcovers. 4. All manufactured cut and fill slopes exceeding nine (9') feet in height which will be either exposed to permanent public view or are adjacent to environmentally sensitive areas, will be designed with features characteristic of natural slopes so that their W ultimate appearance will resemble a natural slope. This will include slopes -along streets and highways, slopes adjacent to parks, schools, open spaces and other public facilities and other prominent and highly visible slopes. 5. Sideyard slopes and low (less than 25' in height) rearyard slopes whose view is blocked by future structures need not have landform design applied. 6. Transitioning to natural, slopes shall, be achieved through the use of radii or irregular curvilinear shapes that will blend'into the adjoining topography tangentially and not create abrupt changes. 7. The following factors shall be taken into consideration in tract design: a. When space and proper drainage requirements can be met with approval by the City Engineer; rounding of slope tops- and bottoms shall be accomplished. b. When slopes cannot be rounded, vegetations shall be used to alleviate a sharp, angular aPPearance. 15 I - C. A rounded and smooth transition shall be made when the planes of man- made and natural slopes intersect. d. When significant landforms are "sliced" for constfuction, the landform edges shall be rounded as much as possible to blend into natural grade. e. Manufactured slope faces shall be varied to avoid excessive "flat -planed" surfaces. 8. Debris basins, rip rap, and energy dissipating devices shall be provided where necessary to reduce erosion when grading is undertaken. In instances where a drainage crossing is required, a natural crossing and bank protection shall be preferred over steel and concrete systems. Where brow ditches are required, they shall be naturalized with plant materials and native rocks. 9. Terrace drains where required shall follow landform slope configuration. Down drains shall not be placed in exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 10. Where possible, drainage channels should be placed in inconspicuous locations and should receive'a naturalizing treatment including native rock, colored concrete and landscaping, so that the structure appears as an integral'part of the environment. 11. Fencing and landscaping shall follow the following standards: - a. Walls and fencing, not exceeding six (6) feet in height, visible from roadways or public rights-of-way shall be visually open and non-opaque. b. Privacy walls and fences, not exceeding six (6) feet in height, are permitted adjacent to structures, in order to provide a private outdoor area. Walls and fences shall be of materials and colors compatible with the structure's facade. c. Native or naturalized plants or other plant species that blend with the landscape shall be utilized in all areas with required planting. d. Fire retardant plant materials shall be utilized. Plants selected as ground cover, shrubs or trees shall be from the list identified in IIR SCH92081040 and this Master Plan. e. A permanent landscape and irrigation system, for purposes of establishing and maintaining required planting, shall be installed on all slopes. The emphasis shall be toward using plant materials that will eventually need minimal irrigation. Water and energy conservation techniques shall be utilized including but not limited to such items as drip irrigation and use of "reclaimed water" and xeriscape. 16 f. Landscaping shall be used to screen views of downslope building elevations. When the structure height exceeds twenty (20) feet from finished grade on a downslope, xry additional landscaping is required. g. Native vegetation shall be retained and supplemented within undeveloped portions of canyons and along retained -natural drainage courses as allowed by state and federal resources agencies (State Department of Fish & Game, U.S. Fish and Wildlife, U.S. Army Corp. of Engineers). 12. All development shall be constructed in such a manner so as to reduce the potential for spread of brushfire through consideration of the following fire protection standards: a. In the cases of a conflict where more restrictive provisions are contained in the Uniform Building Code or in the Fire Code, the mores restrictive provisions shall prevail. b. Roofs shall be covered with noncombustible materials as defined in the Building Code. Open eave ends shall be stopped in order to prevent bird nests or other combustible material lodging within the roof and to preclude entry of flames. c. Exterior walls shall be surfaced with noncombustible or fire resistant materials. d. Balconies, patio roofs, eaves and other similar overhangs shall be of noncombustible construction or shall be protected by fire-resistant material pursuant to the Building Code. e. All development shall be constructed with adequate water supply and pressure for all proposed development in accordance with standards established by the Fire Marshal. f. A permanent fuel modification area shall be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The required width of the fuel modification area shall be based on applicable building and fire codes and a Fire Hazard Analysis Study developed by the Fire Marshal. g. Fuel modification areas shall incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. h. If the Fire Marshal determines in any specific case that -difficult terrain, danger of erosion or other unusual circumstances make strict compliance with the clearance of vegetation undesir�ble'or impractical, she/he may suspend enforcement thereof 17 and require reasonable alternative measures designed to advance the purposes of this ordinance. i. In the event the abatement is not performed the City Council may instruct the Fire Marshal to give notice to the owner of the property upon which said condition exists to correct such prohibited condition and, if the owner fails to correct such condition, the City Council may cause the same to be done and make the expense of such correction a lien on the property upon which such conditions exist. j. The City Engineer may require special construction features in the design of structures where site investigations confirm potential geologic hazards. Figure 1 �f�NDFoRM PLr4N VIEW • o�1�QvE View SECTION VII. LANDSCAPING STANDARDS A. Prior to issuance of any grading permit the applicant shall submit a landscape plan for the enclave in which the grading permit is requested: 1. LANDSCAPING: INTRODUCTION South Pointe is a planned development that is designed to preserve, enhance and reproduce as many natural and man-made features as possible. These features include the surrounding terrain riparian woodlands and Sandstone Canyon Creek drainage. Careful planning of residential development will help preserve and recreate the natural amenities in the project area both on site and on adjacent open space areas where permitted. 2. LANDSCAPE CONCEPT The landscape palette selected for the South Pointe Master Plan shall emphasize drought tolerance and promote a rural country theme, complementary of the site's geographic location. This goal will be achieved through practices which encourage the conservation of water through creative landscaping practices emphasizing native species accented by exotic species. 3. COMMUNITY AND NEIGHBORHOOD ENTRIES The South Pointe Master Plan is composed of major entries off Brea and minor neighborhood entries. See Exhibit 2 for the location of these entries. These entries have been identified to receive special landscape treatment (see Exhibits 3 and 4). This treatment may include, but is not limited to, signage walls; decorative lighting fixtures; stone, brick, or stucco walls; enhanced paving; large displays of flowering plants and annuals; and dramatic specimen trees and/or small, flowering trees. These entries, along with major arterial and secondary road rights-of-way tree plantings, will be directly provided %r or arranged for by the master developer/land owner(s) of South Pointe. The _entries and street plantings will create a sense of arrival through the selective application of landscaped islands, decorative signage and walls. The landscaping will also create an easily distinguishable hierarchy of entries and streets. 4. STREETSCAPE All Major Roadways and Secondary Roads shall be planted with one or more species of trees listed in this section. Trees may be grouped together into clusters, if desired , but must average out to a spacing of one tree per every 40 linear feet of roadway. The following tree types shall predominate within the Master Plan common landscaped areas 19 e EXHIBIT 2 SOUTH POINTE MASTER PLAN COMMUNITY AND NEIGHBORHOOD ENCLAVE LANDSCAPE ENTRIES 0 MAJOR ENTRIES MINOR ENTRIES 1 I I ors HOA PROPERTY r 1 1 Fi I' N 0 200' 400' 5 o� Q cc. Z. 4 z OL Z4\ r Z\ } ors tHOA PROPERTY Pa7NAHDER ROAD THE PLANNING ASSOCIATES 3 w Ir LLL N In __ _�__.-..—-...L---�h-1.��_,w,m+wvaYl,r.ml.IrYWu��i�.u�iw�ii����.� �, ��.��. ��.„�+eraiwm.4kVWm9.-ire-rv.+n.lam-+�nunnFiucWxrv'Ktluenixr�o,•.. EXHIBIT 3 SOUTH POINTE MASTER PLAN TYPICAL ENTRY TREATMENT' /Al SECTION - STONE 4" Major Entry Monu'mentation OR f : !KICK BRONZE o$ � Minor Entry Monumentation J` ,3 Wood .f .Park Monumentation River R ock d EXHIBIT 4 SOUTH POINTE MASTER PIAN TYPICAL ENTRY TREATMENT Sycamore Oak Annual Color Aleppo Pine �- Typical Entry Monument/ ignage along public rights-of-way: Aleppo Pine, Brazilian Pepper, Eucalyptus, Jacaranda, Knobcone Pine, Oak, Sycamore and White Alder. 5. COMMUNITY PARK AND NATURAL PARK The Park shall be landscaped in a manner which complements the south pointe landscape. The natural park component of the 28± acre community park shall consist of natural species only and will not contain any manicured landscaped areas. Use of the natural park and associated trails shall be limited to passive 'recreation and hiking. 6. LANDSCAPE PLANTINGS The planting concept in the South pointe Master Plan should reinforce the overall rural theme. This may be accomplished by defining and emphasizing vehicular and pedestrian circulation systems, existing natural site conditions, neighborhood identity and recreation/community use areas. a. Trees and shrubs should be clustered informally to provide focal points and accents and frame open space. b. Neighborhood enclave identity shall be promoted by using different street tree combinations and landscaping. Each enclave shall have a unique planting palette. c. Drought resistant and tolerant plant materials are suggested and encouraged for all open space areas. d. Plant materials, either alone or in conjunction with fencing, walls, or berms, should be used to screen parking areas and accessory structures from views from main buildings and passing motorists. e. Plant materials should begrouped together in regards to soil, light and water requirements. f. All slopes shall be irrigated and planted with low -maintenance trees, shrubs and ground covers. Turf is not permitted on slopes of 25 percent and greater. g. Use plants to soften building edges and humanize commercial developments. Plants may be also used to break u long, monotonous building facades. 20 VIII. PLAN REVIEW A. Prior to issuance of any grading permit the applicant shall submit a hillside grading plan, a hillside landscape plan and a Resource Management Plan for review and approval by the Community Development Director. 1. Filing Requirements a. - A natural features map, which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. b. A conceptual grading plan, which shall include the following items in addition to those required by the Municipal Code or as part of the Submittal Requirement Checklist: (1) A legend with appropriate symbols which should include, but not be limited to, the following items: top of wall, top of curb, high point, low point, elevation of significant trees, spot elevations, pad and finished floor elevations and change in direction of drainage. (2) A separate map with proposed fill areas colored in green and cut areas colored in red, with areas where cut and filll exceed depths established in the hillside development guidelines and standards clearly shown. Additionally, the areas of cut and fill, calculated as a percentage of the total site area, shall be included on the plan. (3), Contours ' shall be shown for existing and natural land conditions and proposed work. Existing contours shall be depicted with a dashed line with every fifth contour darker and proposed contours shall be depicted as above except with a solid line. c. Provide a sufficient number of slope profiles to clearly illustrate the extent of the proposed grading. A minimum of 3 slope profiles shall be included. The slope profiles shall: (1) Be drawn at the same scale and indexed, or keyed, to the grading plan and project site map. (2) Show existing and proposed topography, `structures and infrastructures. Proposed topography, structures and infrastructures shall be drawn with% a solid, heavy line. Ekisting topography and features shallbe drawn with a thin or dashed line. 21 (3) The slope profile shall extend far enough from the project site boundary to clearly show impact on adjacent property, at least 150 feet. T` (4) The profiles shall be drawn along those locations of the project site where: (a) The greatest alteration of existing topography is proposed; and, (b) The most intense or bulky development is proposed; and, (c) The site is most visible from surrounding land issues; and (d) At all site boundaries illustrating maximum and minimum conditions. (5) At least two of the slope profiles shall be roughly parallel to each other and roughly perpendicular to existing contour lines. At least one other slope profile shall be roughly at a 45 degree angle to the other slope profiles and existing contour lines. d. The slope profiles shall be stamped and signed by either a registered landscape architect, civil engineer or land surveyor indicating the datum, source and scale of topographic data used in the slope profiles and attesting to the fact that the slope profiles have been accurately calculated and identified. e. A geologic and soils report, prepared by an approved soils engineering firm and in sufficient detail to substantiate and support the design concepts presented in the application as submitted. Additional environmental studies and investigations, such as, but not limited to, hydrologic, seismic, access/circulation and biota research may also be required in order to help in the determination of the buildable area of a site. f. A statement of conditions for ultimate ownership and maintenance of all parts of the development including streets, structures and open, spaces. g. In the event that no grading is proposed, i.e., custom lot subdivision, a statement to that effect shall be filed with a pian which shows possible future house plotting, lot grading, driveway design and septic system location for each parcel proposed, to be prepared on a topographic map drawn at the same scale as the conceptual grading plan. h. The following items may be required if determined necessary by the Planning Director or Planning Commission to aid in the analysis of the proposed project to illustrate existing o proposed rconditions or both: () A topographic1 model; (2) A line of sight or view analysis; (3) Photographic renderings; 22 I (4) Any other illustrative technique determined necessary to aid in review of a project. i. landscape pian for all manufactured cut and fill slopes. B. Prior to issuance of any building permit the applicant shall submit a Site Plan for review and approval b the Community hDevelopment Director. The Director shall review each site plan in relation to the development standards identified within these planned community regulations and applicable City ordinances. 1. Site Plan submittals shall at a minimum include: a. Plan view relating ,building footprint to coverage and setback requirements. b. Detail of walls, fences and any screening "apparatus c. Landscape plans (Enclave 4) d. Location of hardscape (Enclave 4) e. Lighting plan (Enclave 4) f. Sign program (Enclave 4) 2. Site plan denials may be appealed to the Planning Commission within 15 calendar days of such action by the Community Development Director. Actions by the Planning Commission may be appealed to the City Council for final consideration. BxB-C.6-z 23 I