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HomeMy WebLinkAboutPC 2006-55PLANNING COMMISSION RESOLUTION NO. 2006-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP 63623 AND SPECIFIC PLAN NO. 2005-01 FOR SUBDIVISION OF AN APPROXIMATELY 34.52 -ACRE SITE FOR RESIDENTIAL CONDOMINIUM PURPOSES AND ADOPTION OF THE SOUTH POINTE WEST SPECIFIC PLAN FOR DEVELOPMENT OF THE SITE WITH A 99 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AND AN APPROXIMATELY 4.7 -ACRE NEIGHBORHOOD PARK ON PROPERTY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765 -005 -01,8765-005-02,8765-005- 03, 765-005-01,8765-005-02,8765-005- 03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901) A. RECITALS 1. The applicant/property owner, South Pointe West, LLC, has filed an application for Vesting Tentative Tract Map No. 63623 and Specific Plan No. 2005-01 for subdivision for condominium purposes of an approximately 34.52 -acre site and adoption of the South Pointe West Specific Plan on property generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765- 005-01, 8765-005-02, 8765-005-03,8765-005-07, and portions of 8765-005- 905, 8763-026-907, and 8763-026-901). All further references to the vesting tentative tract map and specific plan shall be referred to as the Application. 2. The Application is being reviewed by the Planning Commission concurrently with General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Development Agreement No. 2005-01, Conditional Use Permit No. 2005-01, Development Review 2005-27, Tree Permit No. 2005-06, and Environmental Impact Report No. 2005-01. 3. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; Planning Commission Resolution No. 2006-55 4. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 5. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site with a 99 -unit residential condominium project with an approximately 4.7 -acre neighborhood park; 6. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 7. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 8. On November 28, 2006, the Planning Commission concluded the public hearing on the application. 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. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings of Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and 2 Planning Commission Resolution No. 2006-55 conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project is to develop vacant land comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01,8765-005-02,8765-005-03,8765-005- 07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901) with 99 single-family condominiums and a public park. (b) The current General Plan land use designations for the site include PA-41SP (Planning Area-4/Specific Plan), School and RL (Low - Density Residential). General Plan Amendment 2005-01 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. (c) The project site is within the R-1 -15000 (Single Family Residence - Minimum Lot Size 15,000 Square Feet) and RPD -I 0000 (Residential Planned Development with I 0,000 -square -foot lot size) Zones. Zone Change No.2006-03 is being reviewed concurrently with the Application that requests that the City Council approve the zone change from the current zoning to Specific Plan for General Plan compliance. (d) Generally to the project site is surrounded by existing single-family homes on the north, south and west. The South Pointe Middle School is located just to the northeast of the project site. Vacant land is borders the site on the east. (e) The application involves a request for the following: subdivision of an approximately 34.52 -acre property for residential condominium purposes and adoption of the South Pointe West Specific Plan for 3 Planning Commission Resolution No. 2006-55 development of the site with 99 residential condominiums and an approximately 4.7 -acre neighborhood park. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance the Planning Commission recommends that the City Council make the following findings: (f) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan. The proposed project involves the subdivision of the site with 99 detached residential condominiums, 15.93 acres of open space, and a 4.68 -acre neighborhood park. The General Plan land use designations for the site include PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -Density Residential). General Plan Amendment 2005-01 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. The project will maintain the integrity of residential neighborhoods by discouraging through traffic and preventing the creation of new major roadway connections through existing residential neighborhoods in that the proposed subdivision will include streets that will private streets that will be gated to discourage through traffic and contains cul-de-sacs that will also restrict through traffic. The project will provide a residential subdivision that will protect natural resources, hillsides and scenic areas in that a substantial portion of the site will be open space lots that will be located in the areas of the site with existing steep slopes that will be preserved. As a subdivision for residential condominium purposes, the project will provide additional homeownership opportunities of single-family housing that will be compatible with surrounding development. The proposed subdivision will include open space area lots that occur along the outer portions of the site that will act to buffer the site from adjacent single-family neighborhoods. 4 Planning Commission Resolution No. 2006-55 The proposed subdivision will also be an example of innovative land use of housing types in that the residences will be clustered to provide additional open space areas than would otherwise be allowed in a conventional single-family development. (g) The proposed subdivision is consistent with the proposed South Pointe West Specific Plan document, as conditioned. (h) The subdivision is physically suited for the type and proposed density of development in that the density as proposed will be consistent with the General Plan land use designation as amended with General Plan Amendment 2005-01 that is being considered concurrently with the application. The proposed land use designation will be Specific Plan that will allow for the development of the site with homes clustered on the less environmentally sensitive areas such that the amount of open space areas that will be designated under the specific plan will total approximately 50 percent of the site. (i) The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and will be certified by the City Council before project approval. (j) The design of the subdivision improve the safety of the site in that the proposed subdivision will be such the site will be graded to remediate areas with potential landslide problems and those off-site areas including Morning Sun Avenue that were disturbed with a 1995 landslide. Much of the proposed project grading will occur over areas that have been previously disturbed and will be conducted in accordance with the recommendations outlined in the project's geotechnical investigation so as to assure that geotechnical stability is maintained or increased. Detailed drainage and hydrology studies have been completed, including the potential for debris flows and proposed conditions and mitigation measure will likely prevent any significant increases in erosion and flood hazards. (k) The design of the subdivision will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. 5 Planning Commission Resolution No. 2006-55 (1) The discharge of sewage from the proposed subdivision into the community sewer would not result in violation of existing requirements prescribed by the California Water Quality Control Board. The proposed subdivision has been analyzed under the El and was not found to violate any requirement of the California Water Quality Control Board. The project will require a sewer construction permit be issued by the County and the Public Works Director that approve the project's sewer plans. (m) The proposed subdivision will be consistent with all applicable provisions of the Development Code, the City's subdivision ordinance and the subdivision map act. The project has been reviewed for consistency with the hillside regulations and the proposed South Pointe West Specific Plan and was found to be consistent with both documents. Specific Plan: Pursuant to Subdivision Code Section 22.060 of the City's Development Code and 65451, the Planning Commission recommends that the City Council make the following findings: (n) The South Pointe West Specific Plan document submitted by the applicant contains plans showing the distribution, location and extent of the uses of land, including open space. (o) The South Pointe West Specific Plan includes the proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (p) The South Pointe West Specific Plan includes standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources. (q) The South Pointe West Specific Plan includes a program of implantation measures including regulations, programs, publicworks projects, and financing measures necessary to carry out the project. (r) The South Pointe West Specific Plan includes a statement attesting to the consistency of the specific plan with the City's General Plan. (s) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas 6 Planning Commission Resolution No. 2006-55 (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The project is designed as a cluster development with the residential units situated in the flattest areas of the site. The General Plan strategies for this site include the conservation of open space resources and to preserve significant environmental resources through clustering to a portion of the site. The project is consistent with these General Plan strategies in that the buildings will be clustered along the flattest areas of the site in small lots so that the areas with the steepest slopes can be preserved as open space. The South Pointe West Specific Plan has been developed that includes a conceptual site plan and development standards that promote clustering of the homes in certain areas of the site. The project is substantial compliance with the specific plan conceptual site plan and development standards. The City's Design Guidelines promote compatibility with adjacent development. The project will not have a negative effect on adjacent existing residential areas in that the project will be gated to discourage through traffic, will contain single-family detached condominiums with private rear yards and that are setback from the street that resemble adjacent traditional single-family development, and the location of the open space areas along the project boundaries will serve as buffer areas. (t) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The conceptual site plan proposed under the South Pointe West Specific Plans shows a clustered residential development that includes open space areas along the site peripheries that act as a buffer. In addition, the project is proposed as a gated community that will discourage through traffic. Private streets within the project site will have a sidewalk on each side to provide pedestrian circulation through the site. The design and layout of the proposed residential project will compliment the neighboring uses and will provide an integrated development that reduces traffic conflict and encourages pedestrian to walk. Pursuant to CEQA Guidelines Section 95063, the City has prepared an Environmental Impact Report (EIR) for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead 7 Planning Commission Resolution No. 2006-55 agency, prepared an Environmental Impact Report (EIR) for the purpose of analyzing the direct, indirect, and cumulative impacts from the development of the South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting Tentative Map and covers future development of the site with the proposed project. The SPW project reviewed under the EIR includes the 31.43 -acre site, the public park and a 7.4 -acre stockpile site situated east of the future park site. In accordance to CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of the Application and must be certified by the City Council before project approval. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Specific Plan 2005-01 and Vesting Tentative Tract Map 63623 subject to the following conditions, the attached Standard Conditions and the Mitigation Monitoring Program: a. GENERAL (1) This approval for South Pointe West Specific Plan and Vesting Tentative Tract Map 63623 shall be null and void and of no affect unless the EIR (SCH #2005111118) is certified, the Mitigation Monitoring Program, Facts and Findings and Statement of Overriding Considerations are adopted, and General Plan Amendment No. 2005-01, Zone Change No. 2005-03, Conditional Use Permit No. 2005-01, Development Review No. 2005-01, Tree Permit No. 2005-06, and Development Agreement No. 2005-01, are approved. This approval is valid for three years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. (2) In addition to the conditions in this resolution, the project shall comply with all conditions of approval in resolution nos. 2006-52, 2006-53, 2006-54 and 2006-56. (3) The project shall comply with the Mitigation Monitoring program for EIR 2005-01, SCH No. 2005111118. A copy is attached hereto and referenced herein. 8 Planning Commission Resolution No. 2006-55 b. SPECIFIC PLAN AND VESTING TENTATIVE TRACT (4) Within 60 days from the date of the City Council approval of the South Pointe West Specific Plan, the applicant shall submit to the Planning Division for review and approval a revised South Pointe West Specific Plan documents with the following changes: (a) The Open Space — Sub -Planning Areas 4A, 4B, and 4C section of the plan shall specify the uses permitted with these areas as open space and recreational and prohibit development with any residential, institutional, religious places of worship, schools or colleges uses. (b) Under Section C — Development Standards, the minimum depth development standard shall pertain to the condominium footprint and the front yard setback. (c) Under Section C — Development Standards, the standard pertaining to side yard interior setback shall be deleted. (d) Under Section C — Development Standards, the street side yard setback shall be clarified as to whether it is measured to the inside or outside edge of the sidewalk. (5) Prior to issuance of building permit, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface in accordance with City Master Trail Plan to the City for review and approval. (6) Before recordation of the final map, the applicant shall turn over to the City approximately 4.68 acres of parkland. If the 3.24 -acre upper portion of the park located on property that is owned by the Walnut Valley School District cannot be provided as proposed, the applicant must provide the remaining portion on the project site owned by the applicant or on another property provided by the applicant subject to review and approval by the Community Development Director. The public park shall contain a minimum of 4.68 gross acres and a minimum of 2.18 usable acres. The entire public park area as required above shall be contiguous. (7) Within 60 days from the City Council approval date of the South Pointe West Specific Plan, the applicant shall submit detailed design of the park showing all the elements and amenities for Community Development Director and Community Services Director review and approval. 9 Planning Commission Resolution No. 2006-55 (8) The South Pointe West Specific Plan shall be revised to be consistent with all the setbacks contained in the project site plan. (g) The Applicant shall fully improve the parkway along Morning Sun Drive that includes curb, gutter, landscape with trees, shrubs, ground cover and appropriate irrigation subject to Los Angeles County review and approval. The Homeowner Association of the South Pointe West shall be responsible to maintain the parkway for project frontage along Morning Sun Drive. C. LANDSCAPE AND PRESERVED AND PROTECTED TREES (10) Before issuance of a grading permit or the removal/disturbance of oak and willow trees, the applicant shall submit to the Community Development Director for review and approval a detailed and accurate tree survey and a coast live oak woodland plan prepared by an arborist specifying the following: (a) the precise number trees to be removed and/or protected; (b) the replacement trees, their location, the number (3:1 ratio), type, and size; (c) For coast live oak woodland, the restoration or replacement efforts shall use locally collected nuts or saplings grown from locally collected nuts. Appropriate understory shall be provided. (d) performance standards for the survivability of replacement trees; (e) a maintenance agreement stipulating the Applicant's obligations for a minimum five-year period, including the annual reporting; (f) the amount and derivation of the security deposit required under the City's trees preservation ordinance; (g) measures that will be taken to protect oaks and willows remaining on the property during construction consistent with Section 22.38.140 of the Development Code; (h) if in -lieu fees are used for a part of or all mitigation, this mitigation method shall also be in accordance with the 10 Planning Commission Resolution No. 2006-55 requirements and approval of the California Department of Fish and Game and the City of Diamond Bar. d. EIR PROJECT CONDITIONS (11) The existing deed restriction that now encumbers Lot 49 in Tract No. 32576 which limits the development potential of that parcel to only one dwelling units shall be retained within the designated remainder portion of that parcel located to the east of the boundaries of Vesting Tentative Tract Map No. 063623 and extending between Larkstone Drive southward towards Peacehill Hills Road. (12) Prior to the issuance of grading and building permits, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that each of the recommendations contained in the project's geotechnical investigation, in the City's third -party review, and in any supplemental reports as may be prepared by the Applicant's geotechnical engineer or engineering geologist or by others have been incorporated into the project's design, development, and operation. The project shall be constructed, operated, and maintained in accordance with those recommendations and with such additional geologic, geotechnical, seismic, and soils recommendations as may result from further pre -construction and post -construction engineering analyses that may be presented to or imposed by the City. (13) All identified geologic, geotechnical, seismic, and soils hazards located within the tract map boundaries that cannot be eliminated, as approved by the City Engineer, shall be identified on the final subdivision map as "Restricted Use Areas" subject to geologic hazard. The Applicant shall dedicate to the City the right to prohibit the construction of buildings or other structures within such restricted use areas. (14) In order to demonstrate compliance with applicable state and federal resource protection policies designed to protect or compensate for the loss of biological resources, before initiation of any grading activities, the Applicant shall provide the Director with documentation of receipt of a Section 401 (Federal Clean Water) water quality certification or waiver or waste discharge requirements form the Regional Water Quality Control Board, Los Angeles Region, a nationwide Section 404 (Federal Clean Water) permit from the US Army Corps of Engineers, and a Section 1602 (California Dept. of Fish and 11 Planning Commission Resolution No. 2006-55 Game) streambed alteration agreement from the California Department of Fish and Game. The applicant shall complywith all associated permit requirements. (15) Initial vegetation removal activities shall be conducted outside the nesting season (February 15 -August 15) to avoid impacts upon nesting birds. If initial vegetation removal activities occur during nesting season, before start of grubbing activities, all suitable habitat shall first be thoroughly surveyed by a qualified biologist for the presence of nesting birds. If any active nests are detected, a buffer of at least 300 feet (500 feet for raptors) shall be delineated, flagged, and vegetation removal activities avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. (16) BMP devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type that minimizes the potential for vector (public nuisance) problems and maintained throughout the project life so as not to contribute to those problems. Unless accepted by the County, the responsibilities for and the funding of BMP maintenance shall constitute obligations of the homeowners' association. (17) Prior to the issuance of a grading permit, the Applicant shall submit and, when acceptable, the City Engineer shall approve a project -specific storm water management plan, including a description of source and treatment controls. (18) Volume -based treatment control BMPs and flow -based BMPs for the project shall be sized in accordance with provisions of the Los Angeles County's "Manual for the Standard Urban Storm Water Mitigation Plan" (SUSMP Manual). Facility sizing shall be finalized during the design stage by the project engineer with the final hydrology study, which will be prepared to ensure consistency with the SUSMP Manual and the EIR prior to issuance of the grading permit. (19) As a condition to the issuance of the grading permit, the Applicant shall be responsible for the repair of any damage to roads resulting from the delivery of heavy equipment and building materials and the import and export of soil material to and from the project site. Any resulting roadway report shall be to the Satisfaction of the City of Diamond Bar, if within the City, or the County of Los Angeles, if located in an unincorporated County area. 12 Planning Commission Resolution No. 2006-55 (20) Construction Traffic Safety Plan. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes through residential neighborhoods to be used by construction vehicles; the points of ingress and egress of construction vehicles, temporary street or lane closures, temporary signage, and temporary striping; the location of materials and equipment staging areas; maintenance plans to remove spilled debris from neighborhood road surfaces, and the hours during which large construction equipment may be brought on and off the sites. The CTMP shall provide for the scheduling of construction and maintenance -related traffic so that it does not create safety hazards to children and other pedestrians. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shall be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. (21) Prior to the issuance of any grading or grubbing permits, the Applicant shall investigate the feasibility of constructing a temporary roadway or driveway, generally parallel to Larkstone Drive but south and independent of that roadway, for the purpose of directing construction traffic away from existing residential neighborhoods located to the west of the project site onto Diamond Crest Lane and Brea Canyon Road. Evidence of the feasibility or infeasibility of that construction access road shall include, but not necessarily be limited to, consideration of engineering feasibility, phasing of neighborhood park construction, ability of the Applicant to implement proposed stockpiling plans, and impacts upon residents to the east of the project site, and shall be provided to the City prior to the issuance of any grading or grubbing permits. If determined to be feasible and beneficial by the City, 13 Planning commission Resolution No. 2006-55 the City may elect to impose additional permit conditions directing, among other requirements, that all or a specified amount and/or type of construction traffic utilize that temporary access route. (22) Prior to the issuance of the final grading plan, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), CALTRANS "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and non -vehicular access along Larkstone and Morning Sun Drives throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. In lieu of a separate TCP, the Applicant may elect to prepare a combined construction traffic safety plan and traffic control plan. (23) Prior to the recordation of the final tract map, the Applicant shall provide, to the satisfaction of and in the amount specified by the City Engineer, the Applicant's fair -share contribution toward the cost of the improvements to the following intersections: (1) Fairway Drive/BreaCanyon Cut-Off/Lel ima Road; (2) Lemon AvenueNalleyDrive; (3) mon Avenue/Golden Springs Drive; (4) Brea Canyon Road/Washington Street; (5) Brea Canyon Road/SR-60 WB Ramps; (6) SR -60 EB Ramps/Golden Springs Drive; (7) Brea Canyon Road/Golden Springs Drive; (8) Brea Canyon Road/Pathfinder Road; and (9) Brea Canyon Cut -Off Road/Pathfinder Road. (24) As stipulated in Article 9 of the 2001 California Fire Code and any associated design guidelines promulgated by the Los Angeles County Fire Department (LACFD), unmonitored vehicular access gates shall, at all times, be accessible to emergency personnel and shall include a knox-box rapid entry system or similar emergency override key switch acceptable to the LACFD that is an integral part of the mechanism and appropriately located and labeled. In the event of a power failure, the gate shall be automatically transferred to a fail-safe 14 planning Commission Resolution No. 2006-55 mode allowing the gate to be pushed open without the use of special knowledge or equipment. (25) Deed restrictions or other controls shall be imposed on those lots abutting the intersection of Private Drive "A"/Private Drive "C" restricting the installation and maintenance of any landscape or hardscape improvements that would limit site distances to less than those distances recommended in the California Department of Transportation's "Highway Design Manual." Landscape and hardscape improvement plans for those properties shall be reviewed and approved by the City Engineer. (26) Prior to the recordation of the final tract map, the City's Traffic Engineer shall determine the need for any traffic control device along Larkstone Drive. If, in the judgment of the Traffic Engineer, additional traffic control devices are deemed required, those devices shall be installed and operational prior to the commencement of any public use of the proposed park facility. (27) Prior to the issuance of any grading permits, the Applicant shall prepare a fugitive dust (PM 10) mitigation plan. The plan shall identify methods to control fugitive dust through the implementation of reasonable available control measures in sufficient frequencies and quantities to minimize the transport of visible emissions beyond the project boundaries. Provisions of the plan shall include, but may not be limited to, the stipulation that: (1) all exposed surfaces and unpaved road shall be watered at least three times daily; (2) non-toxic soil stabilizers shall be applied to all inactive areas; (3) ground cover shall be replaced in disturbed areas as quickly as practical; and (4) non-toxic soil stabilizers shall be applied to all soil stockpiles. In addition, the plan shall include two or more of the following best available control measures: (1) water all active construction areas at least four times daily; (2) cover all haul trucks or maintain at least 2 feet of freeboard; (3) pave or apply water four times daily to all unpaved parking or staging areas; (4) apply dust stabilizing chemicals and water internal haul roads four times daily; (5) sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; (6) cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material; (7) suspend all operations on any unpaved surface if winds exceed 25 mph; (8) hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; (9) coordinate the schedule of fill placement with 15 Planning Commission Resolution No. 2006-55 the school district to minimize dust nuisance as much as possible; and (10) do not perform grading, or excavation, or other soil disturbance activities within 100 feet of a home or school building when winds blow from the activity toward the receiver. (28) In order to reduce emissions associated with the application of architectural coatings, the Applicant shall: (1) use pre -coated building materials where possible; (2) use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency; (3) use lower volatility paint with 100 grams of ROG per liter or less; (4) spread out the application over a longer period of time; and (4) use no more than 100 gallons of paint per day. (29) The staging, storage, and maintenance areas for diesel - powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100 feet from any existing residential receptor. (30) With regards to building design, operational emissions shall be further reduced through the: (1) use light-colored roofing materials in construction to deflect heat away from buildings thus reducing energy consumption; (2) use dual -paned windows to reduce thermal loss in buildings; and (3) installation of automatic lighting on/off controls and energy-efficient lighting. (31) In order to further reduction construction -term air quality impacts, the Applicant shall: (1) encourage car pooling for construction workers; (2) limit lane closures to off-peak travel periods; (3) park construction vehicles off traveled roadways; (4) wet down or cover dirt hauled off the site; (5) wash or sweep access points daily; and (6) encourage receipt of materials during non -peak traffic hours. (32) During the construction period, the Applicant shall ensure that: (1) all construction equipment is properly maintained and tuned; (2) all equipment designed to operate with a muffler system is fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed; and (3) all stationary noise sources, such as generators and compressors, are located as far from residential receptor locations as feasible. All construction activities shall be subject to compliance with all applicable noise -related provisions as may be set forth by the City. 16 planning Commission Resolution No. 2006-55 (33) Grading activities shall be restricted to Monday through Friday to between the hours of 7:OOAM and 6:OOPM. (34) Prior to the commencement of grading activities, the Applicant shall prepare and submit for review by the Los Angeles County Sheriffs Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD into a final construction security plan and shall implement that plan during the construction period. (35) Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration of the neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) offer specific design recommendations to enhance public safety and reduce potential demands upon police services. (36) Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit to the Los Angeles County Fire Department (LACFD) a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. (37) Prior to the issuance of a grading permit, the Applicant shall submit and the LACFD shall review and, when deemed acceptable, approve a fuel modification, landscape, and irrigation plan in compliance with County Very High Fire Hazard Severity Zone (VHFHSZ) standards. (38) Prior to the issuance of a grading and building permits, the LACFD will review and, when deemed acceptable, approve (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable County requirements; and (2) final building plans. The project's water system shall be designed in response to final fire flow requirements identified by the LACFD. 17 Planning Commission Resolution No. 2006-55 (39) Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the WVUSD's board resolutions governing the payment of school impact fees or has entered into an AB 2926 school fee mitigation agreement or is not subject to the exaction. (40) The design of the neighborhood park shall be subjected to Community Development Director and Community Services Director review and approval. e. STREET IMPROVEMENT (41) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. (42) The privately maintained portion of Larkstone Drive to, and including, the end of the cul-de-sac shall be dedicated to the City for Roadway purposes. All dedication documents shall be submitted for the review and recommendation of approval to the Public Works/Engineering Department. Approval by the City Council shall be granted prior to issuance of any certificate of occupancy or prior to final map approval, which ever comes first. (43) Full width pavement reconstruction of Larkstone Drive is required for the entire dedicated length and including the cul- de-sac as determined by the City Engineer. Applicant shall replace existing AC curb with concrete curb and gutter, and construct street improvements per APWA Greenbook standard plans and specifications. (44) Before issuance of any City permits, the applicant shall submit plans delineating the improvement of Morning Sun Drive for the Public Works/Engineering Department review and approval priorto final map recordation. The improvement shall align with and be compatible with Vesting Tract Parcel Map No. 63623. The improvement of Morning Sun Drive shall be completed prior to final inspection of grading activities. (45) Sidewalks along the south side of Larkstone Drive shall be installed to provide a safe pedestrian pathway to and from the development and park along the entire dedicated length which includes the Cul -De -Sac. 18 Planning Commission Resolution No. 2006-55 f. TRAFFIC (46) The fair share calculation in the LL&G report dated June 23, 2006 shall be updated using the City's TIA guidelines. All fair share fees identified shall be paid before issuance of any building permits. (47) Sight distance limitations existing in the area of Larkstone Drive and the project site due to the existing wall at the property line shall be addressed. The sight distance analysis shall review the location of the driver in relationship to the curb line. (48) All issues related to the South Point Middle School traffic circulation and pedestrian uses of the public roadway shall be addressed in the TIA. (49) All issues related to factors such as grades of the roadways, vehicle speed and golf cart crossings shall be addressed. (50) The LL&G report dated June 23, 2006 has not been approved by the City Public Works/Engineering Department. An update of the report shall be submitted to the Public Works/Engineering Department for review and approval before issuance of any grading permits. (51) A stacking length sufficient to accommodate at least vehicles (approximately 50 feet0 shall be provided in front of the proposed Shepherd Hills Drive at Morning Sun Avenue. gate. g. PARKING (52) Existing on -street parking provided along Larkstone Drive shall be upgraded to current standards that will allow for sufficient back up spaces. Before issuance of any permits, on -street parking shall be designed and submitted to the Public Works/Engineering Department for review and approval. h. STREET LIGHTING (53) Applicant/developer shall provide and install street lighting along the impacted length of Larkstone Drive. Requirements for installation of additional street lights along Larkstone Drive shall be coordinated with the Los Angeles County Lighting Division and Southern California Edison. All requirements shall be incorporated on the off-site improvement plans. 19 Planning Commission Resolution No. 2006-55 (54) Street lights shall be annexed into the County Lighting Maintenance District 10006 and County Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained before construction. i. GEOTECHNICAL (55) Before issuance of grading permits, any and all geotechnical concerns regarding past landslides shall be addressed in all geotechnical studies and submitted to the Public Works/Engineering Department for review and approval. FIRE DEPARTMENT (56) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (57) Fire Department access shall b e extended to within 150 feet distance of any interior portion of all structures. (58) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be installed, tested and extended over 150 feet in length. (59) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. (60) Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted before construction. (61) This property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel 20 Planning Commission Resolution No. 2006-55 Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702-2904, phone # 626-969-5205). (62) Applicant/developer shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (63) Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be required. (64) Applicant shall provide fire flow for public fire hydrants at this location at 1500 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Applicant shall provide two hydrants flowing simultaneously, one of which shall be the furthest from the public water source. (65) Applicant shall install 11 public fire hydrants. (66) All hydrants shall measure 6" x 4" x 2 '/2" brass or bronze, conforming to current AWWA standard C503 or approval equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two hour rated firewall. Hydrants shall be located as per map on file with Los Angeles County Fire Department (LACFD). Other locations shall be per map dated 10/31/06 provided by the LACFD. (67) All required fire hydrants shall be installed, tested and accepted or bonded prior to final map approval. Vehicular access must be provided and maintained serviceable throughout construction. (68) All hydrants shall be installed in conformance with Title 20, County of Los Angeles Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum of six-inch diameter mains. Arrangements to meet these requirements shall be made with the water purveyor serving the area. (69) Before final map clearance, fire hydrant improvement plans must be submitted to the LACFD Land Development Unit — Fire Prevention Div. 21 Planning Commission Resolution No. 2006-55 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: South Pointe West, LLC, 2652 West 237th Street, Torrance, CA 90505 APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Kwang Ho Lee, `Acting Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of November 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST Commissioners: AC/Lee; Nolan; Wei Commissioners: None Commissioners: VC/Torng; Chair/Nelson Commissioners: None 22 Planning Commission Resolution No. 2006-55 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) PROJECT #: Environmental Impact Report No. 2005-01 General Plan Amendment No. 2005-01, Zone Change No. 2006-03 Specific Plan No 2005-01 Vesting Tentative Tract Map No 063623 Conditional Use Permit 2005- 05, Development Review No. 2005-27 Development Agreement No 2005-01, Tree Permit No. 2005-06 SUBJECT: South Pointe West project that includes 99 detached residential condominiums, a 4.7 -acre neighborhood park APPLICANT: South Pointe West, LLC LOCATION: South of Larkstone Drive east of Morning Sun Avenue and west of Brea Canyon Road near the South Pointe Middle School ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27. Development Agreement No. 2005-01, and Tree Permit No. 2005-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 23 Planning Commission Resolution No. 2006-55 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 1. Signed copies of the Planning Commission Resolution of Approval No. 2006-55, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, 24 Planning Commission Resolution No. 2006-55 issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any Public Hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. C. 'TIME LIMITS 'This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting 'Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06, at the City of Diamond Bar Community Development Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan INo.2005-01, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for City Council approval. 3. In accordance to Subdivision Map Act Section 66463.5, Vesting Tentative Fract Map No. 063623, is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 063623, including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. 25 Planning Commission Resolution No. 2006-55 D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council collectively referenced herein as Exhibit "A" including: site plans, architectural elevations exterior materials and colors landscaping and grading on file in the Planning Division, the conditions contained herein Development Code regulations, the South Pointe West Specific Plan and the General Plan. 2. The project Conditional Use Permit No. 2005-05, Development Review No. 2005-01 and Tree Permit No. 2005-06, except as conditioned herein, and as conditioned in Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623 and Development Agreement No. 2005-01 submitted to and recommended approval by the Planning Commission collectively reference herein as: Exhibit "A" — the site development plan architectural plans and grading plans, Exhibit "B" - Mitigation Monitoring Program dated August 2006, and Exhibit "C" - Environmental Impact Report as modified herein. 3. The Mitigation Monitoring Program outlined in Environmental Impact No. 2005-01 (SCH #2005111118) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 4. Proposed future custom single-family residential units shall comply with the City's Development Review process. 5. A Home Owners' Association (HOA) shall be formed. 6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 26 planning Commission Resolution No. 2006-55 7. Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and approval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, oak and walnut trees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 8. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 9. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 110. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 11. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 13. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 14. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, 27 Planning Commission Resolution No. 2006-55 illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 2. A fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval prior to issuance of building permits. 3. Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unitilot is sold and occupied by the buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory h sed wast wastedisposal call services parcels/lotsborp provided City franc usesaffected approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 28 Planning commission Resolution No. 2006-55 4. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 5). Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 6. Prior to final map approval, if any public or private improvements required as part of.this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. �'. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement 29 Planning Commission Resolution No. 2005-55 executed guaranteeing completion of all public and private improvements. 8. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. g. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the vesting tentative tract map upon approval by the Advisory agency. 10. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 11. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 12. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 13. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 14. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 15. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 16. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 30 Planning Commission Resolution No. 2006-55 3 17. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 18. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 19. All activities/improvements proposed for this Vesting Tentative Tract Map No. 63623 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. GRADING No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 31 Planning Commission Resolution No. 2006-55 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas, driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. g. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined b dandCity proper remedial measures implemented as app Y the Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base. 32 Planning Commission Resolution No. 2006-55 All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. '12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, 33 Planning Commission Resolution No. 2006-55 and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 4. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 5. Storm drainage facilities shall be constructed within the street right-of- way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles as well as the City Engineer and all fees required shall be paid by the applicant. 34 planning Commission Resolution No. 2006-55 6. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. �'. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. f3. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. Once approved the plan shall be incorporated into CC&Rs. D. STREET IMPROVEMENT The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. 4. New street centerline monuments shall be set at the intersections of two or more streets, intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 25 mph. All roadways shall be posted with 15 mph speed limit. 35 Planning Commission Resolution No. 2006-55 6. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES ty for 1. pubemeEasements,satisfactory public services purposes shall be offerede City Engineer and the land shown on he public utility p detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each residence per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 36 planning Commission Resolution No. 2006-55 F. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report Dated 6/23/06 by LL&G and Conditions of project approval for the Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) 37 Planning Commission Resolution No. 2006-55 requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load forwind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. 6. Specify location of tempered glass as required by code. 7. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. Note on plans, "separate permit is required for all wall and monument signs". 9. A height survey may be required at completion of framing. 10. All existing and new plumbing fixtures shall be in compliance with Appendix 29. 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. f. Each group occupancy Property line location in relation to each building (side yard) 38 Planning Commission Resolution No. 2006-55 g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 13. Verify adequate exit requirements. The distance between required exits shall be 1/z of the building diagonal. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. Use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Arch itect/E ngi neer with wet stamp and signature 16. All balconies shall be designed for 601b. live load. 17. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 18. Indicate all easements on the site plan. 19. Fire Department approval shall be required. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. Please contact the Fire Department to check the fire zone for the location of your property. 20. All retaining walls must be submitted to the Building & Safety and Public Work Departments for review and approval. 21. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. 22. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 23. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 24. Specify location of tempered glass as required by code. 39 Planning Commission Resolution No. 2006-55 25. Specify 1/4" /ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, land scapelirrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 5. Prior to recordation, the final map shall comply with all Fire Department requirements. END 40 Planning Commission Resolution No. 2006-55 Exhibit A EIR Facts of Findings and Statement of Overriding Considerations Nov 14 2006 6:'01PM EIS 949-837-3935 P.1 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FINAL ENVIRONMENTAL IMPACT REPORT - SOUTH POINTE WEST BAR, CALIFORNIA VESTING TENTATIVESTATE CLEARINGHOUSE NO. 20051Ill IS Section 21081 and 21081.5, California Public Resources Code Sections 15091, 15092, and 15083, Title 14, Chapter 3, California Public Resources Gode 1.0 INTRODUCTION 1.1 Findings of Fact and Statement of overriding Considerations The following statement of facts and findings inacordancegwithatheeen provis provisions thethe GaCfornia ity of Diamond Bar (City or Lead EQA�ncY) Environmental Qualify Act ( and the Guidelines for the Implementation of the California fi Environmental Quality Act (State CEQA Guidelines) for the "South Pointe West Specc Pian" (SPWSP) project and for any and all discretionary tions eas ncin haves assigned asoelated ha rewith. For of planning purposes, the, City and/or other responsible cas ' do, numbers to certain : (1) ns now General PlaneAmendmentted by the City. Those ca No. 2005 01; (2} onefChange No. include, but are not limited to: (1) Specific Plan No. 2005-01; (5) Vesting 2006-03; (3) Development Agreement No. 2005-01; Use p Tentative Tract Map No. 053623; (6) Conditional Use Permit No. 2005-05; (7) Development I Review No. 2005-26; (7) Tree Permit No. 2005-06; and (8) Environmental Impact Report No. 2005-01 and State Clearinghouse (SCH) No. 2005111118. Reference to the SPWSP herein is intended to be inclusive of each of the above referenced discretionary actions and such additional discretionary and ministerial actions as may be required for or associated with the construction, habitation, occupancy, use, and maintenance of the SPWSP and the residential, recreational, and infrastructure -related land uses proposed within the geographic area examined in the FEIR, whether of not included within the geographic area encompassed by the SPWSP or extending beyond the boundaries of that planning area. This document presents the findings of fact and substantial evidence that must be made by the City Council prior to determining whether to certify the "Final Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map too -063623, Diamond Bar, California, State Clearinghouse No. 2005111116" (FEIR), which is inclusive of, but not Environmental Impact Report - South Pointe West Specific necessarily limited to, the "Draft Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Glearinghouse No. 2005111116° and the "Technical Appendix - Draft Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (DEIR), and the "Response to comments on the Draft Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (RTC), and to approve or conditionally approve the SPWSP. The State CEQA Guidelines provide that no public agency shall approve or carry out a proje(EIct entifies one or for which an environmental impact report on the Renvironment s been completedhich the proposed more significant environmental e Nov 14 2006 6:01PM EIS 949-B37-3935 p.2 project is approved or carded out unless the public agency makes one or more written findings for each of those significant effects. The possible findings specified in Section 15091 of the State CEQA Guidelines, which shall be supported by substantial evidence in the record, include: (1) Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the final EIR. [This finding shall be referred to as "Finding (1)'J (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [This finding shall be referred to as. "Finding (2)"] (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained. workers, make infeasible the. mitigation measures or alternatives identified in the E1 R. [This finding shall be referred to as "Finding (3)1 With respect to those significant effects which are subject to Finding (1) above, the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in the project or made a condition of approval to avoid or lessen significant environmental effects. With respect to those significant effects which are subject to Finding. (2) above, the findings shall not be made if the agency making the findings has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. With respect to those significant effects which are subject to Finding (3) above, the findings shall describe the specific reasons for rejecting identified mitigation measures and alternatives. In accordance with Section 15091 of the State CEQA Guidelines, the City Council makes the following findings for each .significant or potentially significant environmental effect identified in the: FEIR. Those impacts are categorized under the corresponding topical headings presented in the FEIR. Reference to mitigation measure numbers herein are as presented in the FEIR and may differ from those numbers or notations that may be subsequently assigned should the City Council elect to approve or conditionally approve the SPWSP. A number of significant environmental effects are identified in the FEIR which cannot be avoided or substantially lessened. In recognition of the continuing existence of significant unavoidable adverse environmental -effects, a statement of overriding considerations, supported by substantial evidence in the record, is, therefore, required in order for the Lead Agency to approve the SPWSP. The statement of overriding considerations for the SPWSP is presented in Section 8.0 (Statement of Overriding Considerations) herein. 1.2 Record of Proceedings For purposes of CEQA and these Findings, at a minimum, the record of proceedings for. the Si'W SP consists of the following documents and other evidence: (1) "Initial Study," including all documents expressly cited therein; (2) "Notice of Preparation" (NOP), "Notice of Completion" (NOC), "Notice of Availability' (NOA), and all other public notices issued by the City in conjunction with the proposed project; (3} The "Draft Environmental Impact Report — South Pointe West Specific Pian, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111116,° including all documents incorporated by reference therein and ail written 2 Nov 14 2006 6:01PM EIS 949-837-3935 P.3 comments submitted by public agencies and other stakeholders during the public review period established by the NOP; (4) °Technical Appendbc - Draft Environmental Impact Report— South Pointe West Specific Plan, Vesting Tentative 'tract Map No.063623, Diamond Bar, Califomia, State Clearinghouse No. 200511111a"; (5) Other site-specific andfor project -specific technical studies and exhibits not included in the FEIR but referenced therein; (g) 'Response to Comments on the Draft Environmental Impact Report — South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623; Diamond Bar, California, State Clearinghouse No. 200511111 8," including all written comme"ods�'bsubmitted by by bhe agencies and other stakeholders during the public review pe Noc; (7) All written and verbal public testimony presented during noticed public hearings for the proposed project at.which public testimony was taken; (8) ,Mitigation Reporting and Monitoring Program," as presented in the FEIR and as subsequently adopted by the City Council; (g) Matters of common knowledge to the City including, but not limited to, federal, State, and local laws, rule, regulations, and. standards; (10) All documents expressly cited in these Findings; and (11) Such other relevant materials required to' be in the record of proceedings under Section 21167.6(e) of CEOA. 1.3 Custodian and location of Records The documents and other materials constituting the administrative record for the City Council's action related to the SPWSP are located at the city of Diamond Bar, Community Development Department, 21825 Copley Drive, Diamond Bar, California 91765-4178. The Community Development Director is the custodian of the administrative record for the project. Copies of the documents constituting the record of proceedings are and at all relevant times, during the regular business hours of the City, have been and will be available upon request at the offices of the Community Development Department. ecin 15091(e) a the State GEQA Guidelines.on is provided pliance with Section 21081.6(a)(2) of CEQA 2.0 GENERAL FINDINGS In addition to the specific findings identified herein, the City Council hereby finds that: (1) The City of Diamond Bar is the `Lead Agency" for the project evaluated in the FEIR; (2) The FEIR and all environmental notices associated therewith were prepared in coampliance with CEQA and the State CEOA Guidelines and in accordance with the City's local guidelines and procedures; (3) The City Council has independently reviewed and analyzed the FEIR and the FOR reflects the independent judgment of -the City Council; (4) A "Mitigation Monitoring and those flng easiblegmi mitigation measures that thehas been pared for City Council proposed project, identifying has. adopted or will likely adopt in order to reduce the potential environmental effects of the proposed project to the maximum extent feasible; (5) The mitigation measures adopted or likely to be adopted by the City Council will be fully implemented in accordance with the MRMP, verification of compliance will be documented, and each measure can reasonably be expected to have the efficacy and produce the post -mitigated consequences assumed in the FEIR; 3 Nov 14 ?_006 6:01PM EIS 949-037-3935 p.4 (6) Each of the issues to be resolved, as identified in the FEIR and subsequently raised in comments received by the City and during the deliberation of the City's advisory and decision-making bodies, has been resolved to the satisfaction of the City Council; (7) The impacts of the proposed project have been analyzed to the extent feasible at the time of certification of the FEIR; (8) The City Council reviewed the comments received on the FEiR. including, but not limited to, those comments received following the dissemination of the DEiR and RTC, and the responses thereto and has determined that neither the comments received nor the responses to those comments add significant new information under Section 15088.5 of the State CEQA Guidelines; (9) The City Council has not made any' decisions that would constitute an irretrievable commitment of resources toward the proposed project prior to the certification of the FEIR nor has the City Council previously committed to a definite course of action with respect to the proposed project; (10'1 Copies of all the documents incorporated by reference in the FEIR are and have been available for review and request during the regular business hours of the City at the office of the City's Community' Development Department from the custodian of records. for such documents; (11') These Findings incorporate by reference such other findings as may be required under Sections 65454, 65455, 66474, 66474.4, 65853, and 65860 of the California Government Code and those corresponding finding required under the "City of Diamond Bar Municipal Code" (Municipal Code); and (11) Having received, reviewed, and considered all information and documents in the record, the City Council has or will impose conditions, mitigation measures, and take other actions to reduce the environmental effects of the proposed project to the maximum extend feasible and finds as stated in these Findings. 3.0 SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT FEASIBLY BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE The City Council has determined that existing regulations, conditions of approval, project design features, and/or feasible mitigation measures included in the FEIR and adopted by or likely to be adopted by the City Council will result in a substantial reduction of most but not all of those environmental effects identified in the FEIR. Notwithstanding the existence of those regulations and the adoption of those conditions and measures, the City Council finds that the following significant environmental effects will continue to exist. 3.11 Biological Resources 3.1.1 Environmental Effect: implementation of the proposed project, in combination with other reasonably foreseeabie future projects, will contribute incrementally to the continuing. reduction in relatively natural, undisturbed open space areas found within the general project area and contribute to the progressive fragmentation of habitat areas and general decline in species diversity throughout the region (Cumulative Impact 5-9). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding_ Eli Nov 14 2005 6:01PM EIS 949-837=3935 P.5 (a) Project -related and cumulatve biological impacts are addressed in Section 4.5 (Biological Resources) in the DEIR and in Section 3.0 (Response to Comments) In the RTC, incorporated herein by reference. (b) Through the use of small lots and clustering, the proposed project minimizes the area of physical disturbance and results in the preservation of approximately 15.9 acres of open space. Through those actions, the biological impacts of the proposed project have been reduced to the maximum extent feasible. (c) Other than through the imposition of regional growth management and/or regional resource conservation policies, which actions are the purview of regional governmental entities and cannot feasibly be implemented at the project level, no feasible mitigation measures have been identified by the City Council which would effectively address this cumulative impact. 3.2 flirt Quality 3.2.1 Environmental Effect:' Construction activitiesIltjtill result inthe thesgtne p ojected on of g ouand- oxides of nitrogen, and other criteria po disturbance activities and equipment utilization (Construction Impact 7-1). Findin : The City Council hereby makes Findings (1) and (2). Facts in Suorjort of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) The air quality analysis was conducted in accordance with the methodology presented in the South Coast Air Quality Management District's (SCAQMD) °CEQA Air Quality Handbook" (SCAQMD, April 1993) and "Localized Significance Threshold Methodology" (SCAQMD, .lune 2005). (c) Primarily as a result of the use of diesel -powered equipment, NOx emissions are projected to exceed the SCAQMD's threshold standards. NOx is a regional (ozone) concern because NOx is an ozone precursor which has been shown to cause adverse health effects. NOx reductions through available mitigation measures, such as regular, low-NOx tune-ups and oxidation catalysts, are on the older of about ten percent. Even by keeping equipment in good tune, average daily construction exhaust NOx emissions cannot be reduced to a less-than— significant level. (c) There are no reasonably available mitigation measures than can reduce projected NOx emissions to less -than -significant levels. 3.2.2 Environmental Effect: Related project activities, in combination with the construction and operation of the proposed project, will incrementally contribute to regional air emissions within and throughout the South Coast Air Basin (Cumulative Impact 7-5). Findin : The City Council hereby makes Findings (i) and (2). Facts in Su ort of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. Nov 14 2006 6:02PM EIS 949-937-3935 p.6 (b) The SCAQMD indicates that one- possible approach for determining cumulative impacts is- whether. (1) the project shows a_ one percent annual reduction in project emissions; (2) has a 1.5 average vehicle eldership; reduces e rate the Of growth in vehicle miles traveled (VW) and Psimplementation proposed project and other related projects is not likely to achieve either a 1.5 average vehicle ridership or a reduction in the rate of growth in vehicle miles traveled (VMT) and vehicle trips. (0) No mitigation measures, formulated specifically to address the projecfs potential incremental contribution to cumulative air quality impacts, are deemed to be reasonably feasible. 4.0 SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS . WHICH CAN FEASIBLY BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE The City Council has determined that existing regulations, conditions of approval, project design features, andfor feasible mitigation measures included in the FEIR and adopted by or likely to be adopted by the City Council will result in a substantial reduction of the following environmental effects and that each of the following environmental effects will either occur at or can be effectively reduced to below a level of significance. 4.1 Land Use 4.1.1 Environmental Effect: New residential and recreational land uses could introduce land use compatibility issues between the proposed uses and those existing and reasonably foreseeable future land uses that now and which may exist in close proximity to those uses (Land Use Impact 1-1). Finding: The Gity Council hereby makes Finding (1). Facts in Support of Findin4s: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference.' (b) The proposed residential, recreational, and open spaces uses are compatible with existing and proposed development within the general project area. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required_ 4.12 Environmental Effect The proposed mixed-use project, including the land uses, densities, and development standards now under consideration, could conflict with the adopted plans and policies of the City (Land Use Impact 1-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) The proposed project is generally consistent with the policies of the "City of Diamond Bar Genera Plan (General Plan) (City, July 25, 1995). Nov 14 2046 6:02PM EIS 949-837-3935 p,7 (c) Although the proposed,- number of dwelling. units exceeds the provisions of the hillside managemenfordinance, when the entire park site is included,yesidential densities remain within the limits established under the General Plan and Chapter 22.22 of the Municipal Code. (d) The proposed project is generally consistent with the applicable core policies of the Southern California Association of Government's (SCAG) "Regional Comprehensive .Plan and Guide" (RCPG) (SCAG, March 1996) and "Regional Transportation Plan — Destination 2030" (SCAG, April 2004). (e) Since none of the threshold criteria would be exceeded, the identified. impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.1.3 Environmental Effect: Existing development restrictions currently encumber the project site. The elimination, modification, and/or alteration of those deed restrictions would be required in order to allow for the development of the proposed land uses (Land Use Impact 1-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) Under existing City policies, the owners of Lots 46-49 of Tract No. 32576 are presently authorized only one dwelling unit per parcel. Subject to appropriate findings, as determined by the City Attorney, the City Council is authorized to modify those restrictions. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval retaining deed restriction on the designated remainder portion of Lot 49 (Tract No. 32576). 4.1.4 Environmental . Effect: The proposed subdivision creates a number of residual or designated remainder parcels, identified as 'Not a Part" in the proposed tract map, within the area of Lot -49 of Tract No. 32576, with reduced access (Land Use Impact 1-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support.of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) LJCC — South Pointe West LLC (Applicant) seeks to acquire from the Walnut Valley Unified School District (WVUSD) a portion of Lot 49 in Tract No. 32576 and, in combination Lots 46-48 of Tract 32576 and additional properties located to the south of Larkstone Drive, subdivide the 'property to allow for the development of 99 dwelling units, a portion of the new neighborhood park, and common open space areas. The boundaries of the proposed development applicattion are not coterminous with existing lot lines. Residual areas will, therefore, be created that are "not a parC' of the current development application. 7 Nov 14 2006 6:02PM EIS 949-837-3935 P.8 (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval retaining deed restriction on the designated remainder portion of Lot 49 (Tract No. 32576). 4.1.5 Environmental Effect: Cumulative residential development within the City and the population increase associated with the introduction of new dwelling units could exceed the 2005-2010 population growth forecasts presented in the `Regional Transportation Plan — Destination 2030" (SCAG, 2004) and which serve as a basis for regional transportation planning (Land Use Impact 1-5). Finding: The City Council hereby makes Finding M. Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (land Use) in the DEIR, incorporated herein by reference. (b) Implementation of the proposed project in combination with those other related projects will result In the further urbanization of the general project area, including the conversion of vacant or under -developed properties to higher -intensity uses. (c) Other related projects located within the City include, but may not be limited to, a total of 355 new dwelling units (plus the 99 units associated with the proposed project). The estimated resident population associated with those projects within the City would exceed Citywide SCAG projections for the 2005-2010 time period. (d) Since regional plans reflect local growth projections, a mitigation measure has been included in the FEIR and adopted or likely to be adopted in the MRMP stipulating that the City prepare and transmit to SCAG a revised growth forecast. Formal SCAG notification constitutes full mitigation for the resulting difference between local and regional growth projections. 4.2 Population and Housing 4.2.1 Environmental Effect: Project -related construction will increase the local work force and, through job creation and worker relocation, has the potential to induce short-term population growth in the general project area (Construction Impact 2-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DEIR, incorporated herein by refe ren ce. (b) The workforce required for the project's construction, operation, and maintenance can be reasonably drawn from the available regional labor pool. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.2.2 Environmental Effect Project implementation will result in the addition of 99 dwelling units to the City's existing housing stock and will increase the City's population by V Nov 14 2006 6:03PM EIS 949-837-3935 p.9 approximately 326 individuals, based on the existing (January 2006) Citywide vacancy rates and average household size (Operational impact 2-2). Finding The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DER, incorporated herein by reference. (b) The impact of the proposed project on long-term employment opportunities is not projected to be substantial and, based on its limited scale, will not create additional significant secondary housing impacts. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.2.3 Environmental Effect: By increasing the City's housing stock, absence a corresponding increase in long-term employment opportunities, project implementation, in combination with cumulative development, could contribute to a jobs/housing imbalance (Cumulative Impact 2-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative population and housing. impacts are addressed in Section 4.2 (Population and Housing) in the DEIR, incorporated herein by reference. (b) The SCAG region is further divided into both areas governed by regional councils of governments and into regional statistical areas. The project site is located within the area governed by the San Gabriel Valley Council of Governments (SGVCOG) and within RSA 26 (Covina). RSA 26, in which the: project is located, is classified as "jobs rich" and the jobs -to -housing ratio is projected to increase between 1957 and 2025. The expansion of existing housing opportunities will serve to move the area toward a regional jobs -housing balance. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.3 Geotechnical Hazards 4.3.1 Environmental Effect: Two ancient and one active landslides have been identified on the property. Existing unstable earth conditions that have predicated past landslide activities within the tract map area must be further remediated as part of the projects grading plan, requiring increased earthwork and stabilization efforts in order to make the site geotechnically feasible for the proposed development (Construction Impact 3-1). Finding.: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: 9 Nov 14 2.006 6:03PM EIS 949-B37-3935 P.10 (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DER, incorporated herein by reference. og eotechnical, seismic, and (b) Extensive site-specific and project -speck geologic, g soils analyses have been performed in order to assess on-site and near -site conditions.. Subject to the application of those actions, measures, and design specifications incorporated in those studies and subject to the application of such additional provisions as may be identified by the City prior to the issuance of grading and building permits, the project can be feasibly developed from a geotechnical perspective. (c) A "Restricted Use Area" designation be recorded for any in -tract areas where geologic, geotechnical, seismic, or soils hazards cannot. be eliminated to the satisfaction of the City Engineer-. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FOR and adopted or likely to be adopted as conditions of project I pproval to effectively address the known geologic, geotechnical, seismic, and soils hazards affecting the project site. 4.3.2 Environmental Effect: During the life of the project, structures and other improvements constructed on the property thrill be subject to periodic ground shaking resulting from seismic events along earthquake faults located throughout. the region (Operational Impact 3-2). Findin : The City Council hereby makes Finding (1} - Facts in Support of Findincts: The following facts are presented in support of this finding: (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DEIR, incorporated herein by 'reference. (b) The proposed project is feasible from a geotechnical perspective, provided that the recommendations presented in the project's geotechnical investigations are incorporated into the project's design and construction. Since the Applicant has committed to the incorporation of those recommendations, they are part of the proposed project and the project's design, construction, and operation twill occur in conformity and compliance therewith. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FOR and adopted or likely to be adopted as conditions of project approval to effectively address the known geologic, geotechnical, seismic, and soils hazards affecting the project site. 4.3.3 Environmental Effect: Los Angeles County is located within a seismically active region. Since earthquakes have historically occurred throughout the region and can be expected to. occur in the future, development activities that occur throughout the region and their occupants and users will remain subject to seismic forces (Cumulative Impact 3-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: 10 Nov 14 2006 6:03PM EIS 949-837-3935 P.11 (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DER, incorporated herein by reference. (b) adequate control measures have been formulated by State and local governmental entities to ensure that all public and private structures are constructed and maintained in recognition of site-specific, area -specific, and regional geologic, geotechnical, seismic, and soils conditions. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended"Or required. 4.4 Hydrology and Water Quality 4.4.1 Environmental Effect: Development activities, including both residences and portions of the internal street system, are proposed within the area presently designated as a "flood hazard area" on the County Assessor's Parcel Maps (Construction impact 4-1). Finding: The City Council hereby makes Finding (1). Facts in Suo ort of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed In Section 4.4 (Hydrology and Water Quality) in the DEIN, incorporated herein by reference. (b) The preliminary title report for Lot 49 in Tract No. 3257 includes: specific protective conditions" with regards to the interference of existing drainage and Los Angeles County Assessor's parcel maps for the subject property, as well as the previously recorded subdivision maps for Tract 32576, depict or make reference to flood hazard zones and/or flood control drainage improvements. (c) Project -specific drainage and grading studies provide for new drainage patterns and ensure that no habitable structures will be constructed within any designated flood plain. The final subdivision map shall set forth the locations of any new drainage structures and devices required to accommodate the proposed land use and safety convey storm waters. (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.4.2 Environmental Effect: Grading, material stockpiling, and equipment staging will result in the removal of existing ground cover, disrupt surface soils, increase the potential for erosion and sediment transport, and potentially impact existing beneficial uses (Construction impact 4-2). Findin : The City Council hereby makes -Finding (1). Facts in Support of Flndinas: The following facts are presented'in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the .DEIR, incorporated herein by reference. 11 Nov 14. 2006 6:03PM EIS 949-837-3935 P.12 (b) The ea Requirements r Municipal Storm Water and Urban Runoff Discharges" ischrge"(NPDES Permit CAS00001)gua regulates storm water discharge and imposed waste discharge requirements for municipal storm water and urban runoff discharges within the Los Angeles County (County). (c) The "Construction General Permit' (NPDES No. CAS000002) requires that tion prevention plan (SWPPP) and dischargers prepare a storm water Pollu implement temporary erosion control devices and temporary sediment control best management practices (gNI.Ps). (d) Practices and procedures are already in place to minimize erosion and sediment transport to the maximum extent practical (MEP). (e) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4113 Environmental Effect: Project implementation will result in the introduction oortu pties erviof s surfaces onto the project site and, as a result of the impedance of opp absorption and infiltration of -those waters, has the potential to Increase the quantity, velocity, and duration of storm waters discharged from the tract map area (Operational Impact 4-3). Findin : The City Council here=by makes Finding (1). The following facts are presented in support of this finding: Facts in Su ort of Findings: Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DEIR, incorporated herein by reference. Engineering studies have been conducted and storm drain plans have been prepared for tho proposed project. The engineering analysis has demonstrated that the proposed storm drain system will effectively operate during a 50 -year capital storm event. Mitigation measures have been included in the FEIR and adopted or likely to be adopted in the MRMP to ensure that drainage improvements are consistent with applicable design and development standards and that post -project drainage fifth dsen ot result in anmeasures willadverse rreduce public safety or Identified impact ther pto ts. below Implementation of tho a levelof significance, (a) (b) (c) 4..4.4 Environmental Effect: unless effectively sized and maintained, all structural and treatment control 13MPs, including those to be maintained by the County and by the homeowners' association, will not result in their planned performance and efficacy (Operational impact 4-4). Findin :The City Council hereby makes Finding (1}. Facts in SUP ort of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and �aterQua alaty) yin m hect DEIR, are addressed in Section 4.4 (Hydrology and incorporated herein by reference. 12 Nov 14 2006 6:04PM EIS 949-837-3935 P.13 Prior to discharge from the developed site, 86h percentile treatment flows will be (b) treated via three continuous deflective separators (CDS) or approved equivalent flow -based treatment units at the three post -development discharge locations. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval stipulating the preparation of a stormwater management plan and ensuring that volume -based treatment control BMPs and flow -based BMPs are designed and maintained in accordance with the County's "Manual for Standard Urban Stormwater Mitigation Plan" (County, September 2002). 4.4.5 Environmental Effect: The project's implementation and that of other development projects could adversely impact receiving surface or groundwater quality, create proj proectsc. impacts that could result in significant adverse impacts to natural drainage ct opportunities for groundwater recharge (Cumulative systems, and adversely affe Impact 4-5). Findln : The City Council hereby makes Finding (1). Facts in Supaart of Find!nas: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DEIR, incorporated herein by reference. (b) Adequate design and development control measures, including design specifications, have been formulated by and are implemented by the City and by the County to ensure that all public and private drainage facilities and structures are constructed and maintained in recognition of applicable project -related and cumulative hydrologic conditions and drainage flows. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required'. 4.5 Biological Resources 4.5.1 Environmental Effect: Construction activities will result in direct impacts to about 38.8 acres, including about 25.2 acres located within the tract map area and 13.5 acres located beyond the tract map boundaries, resulting in the removal of existing vegetation within those areas. Fuel modification requirements imposed by the Los Angeles County Fire Department could directly impact additional vegetation (Construction Impact 5-1). Findln : The City Council hereby makes Finding (1). _Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference t (b) Project implementation will result in direct disturbance to the following p communities: (1) 6.6 acres of California sagebrush scrub; (2) 3.8 acres of mixed chaparral; (3) <0.1 acres of southern willow scrub; (4) 1.2 acres of mule fat scrub; (5) 6.9 acres of mule fat scrublruderal; (6) o.5 acre of coast live oak woodland; (7) 0.2 acre of developed; (8) 6.6 acres of disturbed; (9) 0.1 acres of ornamental; 13 Nov 14 2006 6:04PM EIS 949-837-3935 p.14 (10) 2.6 acres of ruderal; (11) 9.S acres of ruderalldisturbed; and (12) 0.4 acre of ruderal/mixed chaparral. (c) Rare natural communities are those communities that are of highly limited distribution. The most current version of the Galifomla Department of Fish and Game's °The Vegetation Classificatlon and Mapping Program — List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database' (CDFG, 2003) serves as a guide to each community's status. (d) With the exception of southern willow scrub, none of the habitat types identified on the project site are categorized as high priority for inventory in the California Natural Diversity Database (CNDDB). This on-site plant community is patchy in distribution and is not connected to larger continuous southern willow scrub habitat areas extending beyond the project boundaries. The likelihood of this community supporting sensitive species is considered minimal. (e) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.2 Environmental Effect: As proposed, the project will permanently impact approximately 1,042 linear feet of streambed, including 0.13 acres of United States /-army Corps of Engineers (ALOE), Regional . Water Quality Control Board (RWQCB) jurisdictional waters and 0.33 acres of California Department of Fish and Game (CDFG) jurisdictional waters (Construction Impact 5-2). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) Project implementation will result in direct impacts to approximately 1,042 linear feet of streambed, including approximately 0.13 acre of United States Army Corps of Engineers (ACOE) and Regional Water Quality Control Board (IRWQCB) jurisdictional waters of the United States and waters of the State (including about 0.03 acres of wetlands) and approximately 0.33 acre of CDFG jurisdictional streambed. No direct impacts to jurisdictional * waters are anticipated beyond the tract map boundaries. (c) The project will require a nationwide Section 404 permit from the ACOE, a Section 401 water quality certification from the RWQCB, and a Section 1602 streambed alteration agreement from the CDFG, stipulating the provision of compensatory resources for identified Impacts. (d)" Although none of the threshold criteria would be exceeded, a project condition Is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure compliance with the provisions of Sections 401-404 of Federal Clean Water Act and Sections 1600-1616 of the California Fish and Game Code. 4.5.3 Environmental Effect: Proposed grading and grubbing activities will result in the removal of or direct impacts upon 46 protected ordinance -size trees (45 coast live oak trees and one willow tree) of the 70 protected ordinance -size trees (65 coast live oak trees and five willow trees) identified on the project site (Construction Impact 5-3). 14 Nov 14 2bos 6:05PM EIS 949-837-3935 P.15 Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding; (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEER, incorporated herein by reference. (b) Grading and grubbing operations proposed both within the tract map area and in the vicinity of the off-site portion of the proposed neighborhood park and stockpile site will result in direct impacts on 45 protected ordinance -sized coast live oaks and one protected ordinance -size willow trees. Based on final grading plans, the actual number of directly impacted trees could be greater. (c) The project is subject to compliance with the provision of Chapter 22.38 (Tree Preservation and Protection) of the Municipal Code. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FOR and adopted or likely to be adopted as conditions of project approval specifying the number of replacement trees to be provided and describing the Applicant's obligations under the Federal Migratory Bird Treaty Act (META). 4.5.4 Environmental Effect: While not observed on the project site, construction could potentially impact one'State-listed raptor (American peregrine falcon) and a number of unlisted sensitive reptile species (coast homed lizard, coast patch -nosed snake), sensitive birds (loggerhead shrike, southern California rufous crowned sparrow, Bell's sage sparrow), sensitive mammals (western mastiff bat, pallid bat, pocketed free -tailed bat, San Diego black -tailed jackrabbit, San Diego desert woodrat, and northwestern San Diego pocket mouse), and sensitive raptors (white-tailed kite, northern harrier, golden eagle, sharp -shinned hawk, Cooper's hawk, ferruginous hawk, merlin, and prairie falcon) (Construction Impact 5-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) With the exception of the American peregrine falcon, none of these species are protected by federal or State listings and the loss of individual species and their "habitat would not threaten regional populations. (c) The American peregrine falcon, a State -listed endangered and fully protected species, is mainly a rare spring and fall transient in the region and may utilize the study area and general project vicinity for foraging. Locally, the species is not a breeding resident but only an uncommon migrant. Although this species is protected during nesting, this species is not expected to utilize the study area for nesting activities. Removal of their habitat represents an adverse: but less -than - significant impact to regional populations. (c) Since none of the threshold of significance criteria would be exceeded, the Identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.5 Environmental Effect: Grading activities will result in the immediate mortality of small and slow moving animals and result in a disruption of wildlife habitat and the loss and 15 Nov 14 2006 6;05PM EIS 949-837-3935 p.16 displacement of wildlife, thus resulting in a less diverse and less abundant local faunal population (Construction Impact 5-5). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) The potential mortality of small animals would reduce prey base for larger predators, increase pressure on surviving populations in the adjacent open space areas to absorb individuals that seek to escape mortality, result in a general decline in genetic diversity, and reduce number of individuals available to recolonize affected areas following site disturbance. These impacts would not reduce general wildlife populations below self-sustaining levels. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.6 Environmental Effect: Project implementation has the potential to impede existing wildlife movement pattems across the project site (Operational Impact 5-6). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this tending: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEiR, incorporated herein by reference. (b) Based on the proximity and intensity of sjjrrounding development and the existence of other improvements, including major roadways, that act as impediments to wildlife mobility, the project site is not generally considered a part of the Puente -Chino Mills wildlife corridor. The project site, therefore, does not serve any connectivity or linkage role with regards to regional wildlife movement. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.7 Environmental Effect: If improperly designed and maintained, the proposed on-site flood control facilities and structural and treatment control Best Management Practices (BMPs) could potentially provide a habitat for the propagation of mosquitoes and other vectors (Operational Impact 5-7). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5.(Biological Resources) In the DEIR, incorporated herein by reference. (b) Urban stormwater runoff regulations mandate the installation and maintenance of structural BMPs for both volume reduction and pollution management Effective design and ongoing maintenance can reduce the propagation of vectors. W. Nov 14_2006 6:05PM EIS 949-837-3935 p.17 (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that structural SMPs, through both design and maintenance, do not contribute to the production of vectors. 4.5.8 Environmental Effect: Project implementation, including the occupancy of the proposed residential dwellings and the use of the neighborhood park site, will result in the introduction of additional indirect or secondary effects upon the remaining biological resources (Operational Impact 5-8). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) The introduction of new night sources could result in an indirect effect on the behavioral patterns of noctumal and crepuscular wildlife .and increase the mortality rate of wild bird. High-intensity sports fighting is not presently proposed as part of the project's design. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that lighting levels do not adversely impact off-site areas. 4.6 Traffic and Circulation 4.6.1 Environmental Effect: Construction vehicles will transport equipment, building materials, and construction debris along local and collector streets within and adjacent to established residential areas and an existing elementary school (Construction Impact 6- 1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) During construction, the primary travel routes to and from the project site will be from Sheppard Hills, via Chapel Hills Drive, Walnut Leaf Drive, and Colima Road/Golden Springs Drive, and from Larkstone Drive, via Black Hawk Drive, Lemon Avenue, and Colima Road/Golden Springs Drive. Construction traffic will increase traffic volumes along affected roadways and could result in the spillage of debris and increase safety risks along those roadways. (c) ' The City shall incorporation measures to address public safety considerations and to reduce construction -related traffic hazards in the project's grading permit. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the Applicant to both repair any roadway damage attributable to project construction and to prepare a construction management plan. 17 Nov 14 2006 13:06PM EIS 949-837-3935 P.18 4.6.2 Environmental Effect: The project involves the dedication of Larkstone Drive as a public street and the construction of improvements to that roadway, including street widening and improvements to underground utilities. Street improvements could result in .the imposition of short-term restrictions to traffic along that roadway, now used primarily as a primary accessway to South Pointe Middle School. Similarly, unless otherwise conducted by the County; the repair of and improvement to Morning Sun Drive will be undertaken as part of the project (Construction Impact 6-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented.in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DER, incorporated herein by reference. (b) The Southern California Chapter of the American Public Works Association's (APWA) "Work Area Traffic Control Handbook" (APWA, 1996), the California Department . of Transportation's (Caltrans) "Manual of Traffic Controls for Construction and Maintenance Work Zones" (Caltrans, 1996) and the `Part VI Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations," a component of the Federal Highway Administration's (FHWA) Manual on Uniform Traffic Control Devices" (FHWA, 2003) provide guidance for the setup and operation of all work areas on public streets and include provisions that could reasonably be expected to be imposed by the City to ensure appropriate and continuing vehicular access: (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the Applicant's preparation of a construction traffic mitigation plan and separate detailed traffic control plan. 4.6.3 Environmental Effect: The project is forecast to generate approximately 1,041 daily two- way vehicle trips.per day, including al trips during the AM peak hour and 108 trips during the PM peak.hour. That traffic could increase congestion on local and regional roadways (Operational Impact 6-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding; (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The project's traffic impact analysis was conducted in accordance with the City's "Guidelines for the Preparation of Traffic Impact Analysis Report" and, for each of the 18 study area intersections, included an assessment of the following seven scenarios were examined: (1) Year 2005 Existing Conditions; (2) Year 2010 Cumulative Conditions; (3) Year 2010 Cumulative Conditions plus Project; (4) Year 2010 Cumulative Conditions plus Project with Improvements; (5) Year 2020 Cumulative Conditions; (6) Year 2020 Cumulative Conditions plus Project; (7) Year 2020 Cumulative Conditions plus Project with Improvements. 18 Nov 14 21006 6:OSPM EIS 949-837-3935 P.19 (c) For Year 2010 Cumulative Conditions, 11 of those intersections are projected to operate at an unacceptable level (LOS `E' or "F') during the AM and/or PM peak hour with the addition of ambient traffic growth and related project traffic. The remaining seven intersections are expected to operate at adequate service levels (LOS `D' or better) during the weekday AM and PM peak hours. The proposed project will significantly impact one study area intersections (Walnut Lead Drive/Colima Road). (d) For Year 2020 Cumulative Conditid'ns, ten of those intersections are projected to operate poorly and the remaining eight intersections are forecast to operate at LOS 'D" or better during the AM and PM peak hours. One study area intersection (Walnut Leaf, DrivelColima Road) will be significantly impacted. (e) Certain planned improvements are presently required of approved development projects within the study area. implementation of those identified improvements would mitigate areawide traffic impacts at identified intersections to the extent feasible. In accordance with the City's guidelines, the proposed project is required to either institute, where feasible, or to pay a fair -share contribution toward the construction cost of planned and recommended street improvements. (f) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval specifying the Applicant's obligation for the payment of a fair -share contribution toward the identified improvements. 4.6.4 Environmental Effect: The installation of access gates at the project's entryways could create conflicts on the adjoining roadways if vehicles -gaining entry into the tract map area were to impede traffic flow along those roadways, such as might occur if the stacking distance allocated for entering vehicles was of insufficient length to accommodate the number of vehicles -seeking entry during peak periods (Operational I m pact 6-4). Findin4: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The primary project entry is expected to have a maximum queue of two non- resident vehicles during the peak hours, requiring a minimum storage reservoir - length of 50 feet. With a proposed storage capacity of.about 92 feet from the call box to the back of sidewalk, adequate vehicular stacking capacity is provided. (c) Guidelines for entry gates are set forth in Article 9 of the California Fire Code, as locally amended. (d) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that the design and operation of the project's access gates do not unreasonably hinder emergency ingress into the tract map area. 4.6.5 Environmental Effect: Internal street design, including the provision of on -street parking and the installation and maintenance of abutting landscaping, could create safety hazards unless designed in accordance with appropriate traffic engineering standards (Operational impact 6-5). 19 Nov 14 2006 6:06PM EIS 949-e37-3935 P.20 Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) A sight distance evaluation was prepared for the intersections of Private Drive 'K and both Larkstone Drive and Private Drive "C" based on the Caltrans' "Highway Design Manual." In accordance therewith, adequate intersection sight distance can be provided at the two study intersections. (c) As specified by the Los Angeles County Fire Department (LACFD); a minimum 36 -foot pavement width is required in order to allow parking on both sides of the access way serving the residential units. As indicated on the vesting tentative tract map, all new locaVprivate streets will have a pavement width of 36 feet. (d) Although none of. the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that future landscape improvements do not create impediments to driver visibility. 4.6.6 Environmental Effect The proximity between South Pointe Middle School and the proposed neighborhood park and the potential joint use of that facility by the school district may encourage additional pedestrian traffic between those two facilities and, in combination with the .dedication of Larkstone Drive as a public street, introduce additional pedestrian safety hazards (Operational Impact 6-6). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this Finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) With regards to traffic control devices, the California Vehicle Code (CVC) requires the City to follow the national guidelines outlined in Caltrans' "Traffic Engineering Manual." (c) Children may walk, play, or otherwise occur in proximity to the project site. Young children may be inattentive when it comes to the presence of traffic and/or when crossing the street. (d) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that pedestrian and children's safety is fully considered.. 4.6.7 Environmental Effect: The implementation of the proposed project, in combination with other related projects, will collectively contribute to existing traffic congestion in the general project area and exacerbate the need for localized areawide traffic improvements (Cumulative Impact 6-7). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: 20 Nov 14 2006 6:07PM EIS 949-837-3935 P.21 (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The following nine intersections are projected to operate at Los "E" or "F" under Year 2020 cumulative conditions: (1) Fairway Drive/Brea Canyon CutLeff Road/Colima Road (AM and PM); (2) Lemon Avenue/Valley Drive (AM and PMr); (3) Lemon Avenue/Golden Springs Drive (PM); (4) Brea Canyon RoadA/Vashington Street (AM); (5) Brea Canyon Road/SR-60 WB Ramps (AM and PM); (6) SR -60 EB Ramps/Golden Springs Road (AM and PM); (7) Brea Canyon Road/Golden Springs Drive (AM peak hour and PM peak hour); (S) Brea Canyon Road/Pathfinder Road (PM); and (9) Brea Canyon Cut -Off Road/Pathfinder Road (AM and PM). Although the project will not significantly impact any of the study area intersections, on a cumulative basis, the project will contribute to the adverse service level at those intersections. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.7 Air Quality 4.7.1 Environmental Effect: Construction activities will involve the use of diesel -powered off- road equipment and on -road vehicles that, in limited areas and for limited duration, will operate in proximity to existing sensitive areas. Since diesel particulate emissions have been categorized by the California Air Resources Board as a toxic air contaminant, exposure could result in possible health risks to near -site receptors (Construction Impact 7-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) Diesel exposure health risk impacts from grading equipment diesel exhaust particulates will be minimal. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would " be less than significant and no project conditions or mitigation measures are recommended or required. 4.7.2 Environmental Effect: During the project's operational life, a number of criteria pollutants will be generated as a result of vehicle trips associated with the proposed land uses (mobile sources), the consumption of natural gas associated with space heating, and the off-site generation of electricity (stationary sources) (Operational Impact 7-3). Finding; The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding.- (a) nding:(a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. 21 Nov 14 2100E E:07PM EIS 949-837-3935 p.22 (b) Projected operational emission fall below the SCAWD's recommended threshold values. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.7.3 Environmental Effect: Increased traffic along project area roadways has the potential to result in the creation of carbon monoxide (CO) "hot spots" (Operational Impact 7-4). Finding : The City Council hereby makes .Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DER, incorporated herein by reference. (b) No existing or future carbon monoxide (CO) "hot spots" are forecast to occur at any intersections near the project area from combined background (no project) plus project traffic. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. . 4.8 Noise 4.8.1 Environmental Effect: Project -related construction activities, including the use of heavy equipment, will occur in close proximity to existing residential units and will result in short-term noise increases perceptible to of -site sensitive receptors (Construction Impact 8-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Finding : The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section 4.8 (Noise) in the DER, incorporated herein by reference. (b) Construction noise is regulated in the City under the provisions of the Municipal Code. The Municipal Code limits the hours of heavy equipment operations. Notwithstanding those provisions, construction noise may continue to be a short- term nuisance to proximal noise -sensitive receptors. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that construction noise impacts are reduced to the maximum extent feasible. 4.8.2 Environmental Effect: Project implementation will result in the generation of an additional 1,041 vehicular trips per day, including 81 trips during the AM peak hour and 108 trips during the PM peak hour. Project -related traffic will be added to local roadways and could expose aff-site sensitive receptors located along affected travel ways to perceptible increases in traffic noise (Operational Impact 8-2). Finding: The City Council hereby makes Finding (1). 22 Nov 14 2006 B:O7PM EIS 949-837-3935 p,23 Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section 4,8 (Noise) in the DEIR, incorporated herein by reference. (b) The proposed project will cause traffic noise to perceptibly increase by more than the 3 -dB threshold along the fallowing four roadway segments: Black Hawk Drive south of Lemon Avenue, Larkstone Drive east of Black Hawk Drive, Shepherd Hills Road Qwest of Morning Sun Avenue, and Chapel Hills Drive east of Walnut Leaf Drive. Post -project noise levels will, however, remain below City standards - (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.8.3 Environmental Effect: Short-term construction and long-term operational noise associated with the proposed project, in combination with other related projects, will contribute to both alocalized and an areawide increase in ambient noise levels in proximity to those projects and along those roadways utilized by project -related and related project traffic (Cumulative Impact 8-3). Fihding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section 4.8 (Noise) in the DER, incorporated herein by reference. (b) Development projects located in the general project area will generate short-term noise impacts during their respective construction stages. In addition, as traffic volumes in the general project area increase, those areas located in proximity to the area's arterial highway system will experience increased traffic noise. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.9 Public Services and Facilities 4.9.1 Environmental Effect: During construction, equipment, building and landscape materials, and a variety of household items will be brought to the project site. Visibility of the tract map area from off-site vantage points is limited and during certain periods, no or limited numbers of personnel will be on the project site (Construction Impact 9-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Service_ s and Facilities) in the DEIR, incorporated herein by reference. (b) Project construction could result in. a minor increase over existing demands for police service but would not necessitate the hiring of additional personnel or predicate the need for the construction of new or physical alteration to existing 23 Nov 14 21.006 6:OSPM EIS 949-837-3935 p.24 Los Angeles County Sheriffs Department (LACSD) and/or California Highway Patrol (CHP) facilities. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to minimize both the likelihood of a criminal incident during project construction and any short-term demands on LACSD resources, and to provide the LACSD the opportunity to review the project's individual design elements in order to reduce potential demands upon police services. 4.9.2 Environmental Effect: Project implementation will result in the introduction of equipment, materials, and manpower into a County -designated fire hazard area prior to the provision of water system improvements designated to respond to in -tract fire hazards (Construction Impact 9-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services . and Facilities) in the DEIR, incorporated herein by reference. (b) The proposed project must fully comply with all applicable provisions of the Uniform Building Code" (USC) and "Uniform Fire Code" (UFC), as modified, and other applicable provisions of the "Los Angeles County Code" (County Code) established to address fire protection and public safety. (c) In accordance with the Los Angeles County Fire Department's (LACFD) "Fuel Modification Plan Guidelines for Projects Located in Fire Zone,4 or Very High Fire Hazard Severity Zone' (LACFD, 1998), the Applicant is required to submit fuel modification, landscape, and irrigation plans and brush clearance activities. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the preparation of fire protection program and workplace standards for fere safety and the approval of development and infrastructure improvement plans by the LACFD. 4.9.3 Environmental Effect: Construction will occur in close proximity to South Point Middle School and could be disruptive to school activities and operations (Construction Impact 9-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DEIR, incorporated herein by reference. (b) Project conditions are included in the FEIR and adopted or likely to be adapted as conditions of project approval requiring the preparation of a school safety plan and separate construction traffic mitigation plan. (c) Mitigation measures have been included in the FEIR and adopted or likely to be adopted in the MRMP requiring the fencing and signage of the construction site 24 Nov 14 2006 6:08PM EIS 949-837-3935 P.25 and requiring the preparation of a school safety plan designed to minimize disruption to school activities and enhance the safety of children near .active construction sites. Implementation of those measures will reduce identified impacts to below a level of significance_ 4.9.4 Environmental Effect: With a resident population of approximately 326 persons and an existing staffing ratio of one sworn officer for each 1,082 residents, In order to maintain existing staffing levels, the LACSD would need an additional 0.30 swom deputies. Based on the LACSD's recommended officer to population ratio of one deputy per 1,000 residents, an additional 0.33 officers would be required based on the projected number of in -tract residents (Operational Impact 9-4). Finding: The City Council hereby makes Findings (1) and (2)_ Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) The LACSD has not established a functional mechanism for the collection of LAGSD impact fees and there exists no formal basis to quantify project -related impacts upon police protection services. Since funding for LACSD personnel, equipment, and facilities is derived through ad valorum taxation and based on yearly allocations by the County Board of Supervisor, the County has the ability to effectively respond to LACSD resource demands. (c) although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval requiring LACSD review the project's individual design elements in order to reduce the potential demand upon police services. 4.9.5 Environmental Effect: The introduction of 99 new residential dwellings and a new neighborhood park will increase existing demands on LACFD facilities, equipment, and personnel; thus predicating an incremental need for facility expansion, the purchase of new or replacement equipment, and the addition of LACFD personnel (Operational Impact 9-5). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project-ralated and cumulative public Services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DEIR, incorporated herein by reference. (b) Existing water mains are capable of delivering a minimum fire flow of 1,250 gallons/minute (gpm) at 20 pounds/square inch (psi) for a two-hour duration., (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to ensure LACFD's review of the proposed water supply system, access improvement, emergency ingress, and compliance with applicable LACFD standards. 25 Nov 14 2006 6:09PM EIS 949-837-3935 P.26 4.9.6 Environmental Effect: Project implementation will increase -enrollment within the Walnut Valley Unified School District by an estimated T1 new students, including approximately 25 new elementary school students (Grades K-6), 19 new junior high school students (Grades 7-9); and 27 new high school students (Grades 9-12) (Operational Impact 9-6). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) Payment of applicable fees to the WVUSD or, alternatively, execution of an Assembly Bill (AB) 2926 mitigation agreement acceptable to the WVUSD constitutes full and complete mitigation of project -related impacts on the provision of school facilities from the proposed residential development. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition, of project approval requiring evidence of payment of applicable school impact fees prior to the issuance of building permits. 4.9.7 Environmental Effect. The approval of other reasonably foreseeable future development projects within the general project area will increase existing demands on the Los Angeles County Sheriff's Department, on the Los'Angeles County Fire Department, and on other law enforcement agencies and will increase the number of children served by the Walnut Valley Unified School District (Cumulative Impact 9-7). Finding: The City Council hereby makes Findings (1) and (2)_ Facts in Support of Findings: The following facts are presented in supportof this finding:. (a) Project -related and cumulative public services and facilities impacts are addressed In Section 4.9 (Public Services and Facilities) in the DEIR, incorporated herein by reference. (b) Local agencies have the ability to deny or condition individual development applications based on their assessment of potential impacts upon crime and fire hazards, as well as upon law enforcement and fire department facilities and personnel. State, County, and local decisionmakers have the ability to respond to those changes through Increases or decreases in annual budgetary allocations to police and fire protection agencies. (c) All qualifying residential and non-residential development projects located within the WVUSD's district boundaries are required to pay school impact fees. The payment of applicable fees or the execution of an AB 2926 mitigation agreement constitutes full and complete mitigation of related project impacts on WVUSD facilities. (d) Since none of the threshold criteria would be exceeded, the- identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 26 Nov 14 2006 6:09PM EIS 949-837-3935 p.27 4.10 Utilities and Servica Systems 4.10.1 Environmental Effect The projects residential and recreational components are projected to generate about 26,208 gallons of wastewater per day (0.26 mgd). Applying a peaking factor of 2.7, the peaked flow rate would be about 70,762 gallons of wastewater per day (0.71 mgd) (Operational Impact 1 O} 1). . . Finding: The City Council hereby makes Finding (1). 't Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative utilities and service systems impacts are addressed in Section 4.10 (Utilities and Service Systems) in the DEIR, incorporated herein by reference_ (b) The existing sewer system has adequate capacity to accommodate projected project flows. Peak flows in the system, including flows from the project, have acceptable depth -to -diameter ratios. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.10.2 Environmental Effect: Implementation of the proposed project and other related projects would impose cumulative impacts on those existing sewage collection and disposal facilities that are located in the general project area (Cumulative Impact 10-2). Finding: The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative utilities and service systems impacts are addressed in Section 4.10 (Utilities and Service Systems) in the DEIR, incorporated herein by reference. (b) County Sanitation Districts of Los Angeles County (CSDLAC) facilities are sized and improvements phased .to serve population and economic development in accordance with forecasts adopted in SCAG. Projects that are consistent with SCAG growth forecasts can be adequately served by existing and planned CSDLAC facilities. (c) In order to fund planned improvements, each new project within the County is required to pay connection fees to the CSDLAC. These fees are used to finance future expansions and upgrades to the regional trunk sewer system and wastewater treatment facilities. (d) Since none of the threshold criteria would be exceeded, the idenuted impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.11 Cultural Resources 4.11.1 Environmental Effect: Construction activities can result in the irretrievable loss or damage to any prehistoric, historic. or paleontological resources that may exist within the area of proposed disturbance (Construction Impact 11-1). 27 Nov 14 2006 6:09PM EIS 949-837-3935 p.28 Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative cultural resources impacts are addressed in Section 4.11 (Cultural Resources) in the DEIR, incorporated herein by reference. (b) No historic or prehistoric resources have been identified on the project site or are likely to wdst thereupon. Earth -moving activities associated with the project's development could, however, result in the loss of paleontological resources from the Sequel Sandstone Member. (c) Mitigation measures have been included in the FEIR and adopted or likely to be adopted in the MRMP requiring a mitigation program, prepared by a qualified paleontologist, and monitored by a paleontologic construction monitor_ Implementation of those measures will reduce identified impacts to below a level of significance. 4.11.2 Environmental Effect: Grading activities conducted on other sites located within the general project area could result in impacts to any historic or prehistoric resources that may be � located thereupon. In addition, any earth -moving activities conducted on undisturbed sites containing the Sequel and La Vida Members of the Puente Formation could result in the loss of recoverable paleontological resources (Cumulative Impact 11- 2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative cultural resources impacts are addressed in Section 4.11 (Cultural Resources) in the DEIR, incorporated herein by reference. (b) All cumulative project activities remain subject to site-specific environmental review and must fully conform to and comply with all applicable local, State, and federal requirements. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.92 Aesthetics 4.12.1 Environmental Effect: Excluding those areas that will be retained as natural open space, the project site will take on a distinctively urban physiographic character as native vegetation is removed, hillside areas recontoured, and other construction activities occur (Construction Impact 12-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts aro presented in support of this finding (a) Project -related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) Based on the City's interpretation and general application of the visual resource assessment methodology outlined in the Bureau of Land Management's (BLM) 28 Nov 14 2008 8:09PM EIS 949-837-3935 P.29 "Visual Resource Management Program" (BLM, 1986), construction -induced changes would be considered adverse but less than significant. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.12.2 Environmental Effect: The project alters existing site topography and necessitates the construction of numerous retaining walls, extending . up to about 20 feet in height (Construction Impact 12-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative aesthetics impacts are addressed in Section 4:12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) The proposed retaining walls exceed the height limitations specified in the City's Municipal Code but would be authorized under the provisions of the SPWSP. All walls over eight feet in height are identified as plantable cribwalls and will incorporate landscaping as an integral design element. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that the project's retaining walls and landscape plans are fully integrated. 4.123 Environmental Effect: The introduction of new residential and recreational uses will add new sources of artificial lighting to the project site and could result in light trespass extending beyond the project boundaries (Operational Impact 12-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project4elated and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) The Illuminating Engineering Society of North America (IESNA) has established recommended outdoor lighting illumination levels. Lighting that conform to those standards would be assumed to produce a less -than -significant impact. (c) A mitigation measure has been included in the FEIR and adopted or likely to be adopted in the MRMP to ensure compliance with IESNA outdoor lighting standards. Implementation of that measure will reduce identified impacts to below a level of significance. 4.12.4 Environmental Effect: Much of the San Gabriel Valley is already highly urbanized and the area's remaining open space areas take on greater visual significance as a respite to the dominance of urban development (Cumulative Impact 12-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findinc1s: The following facts are presented In support of this finding: 29 Nov 14 P-006 6:09PM EIS 949-037-3935 p.30 (a) Project -related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) No development is authorized to occur in the absence of compliance with adopted agency plans and policies. Compliance with and conformity to adopted plans and policies helps to mitigate the potential impacts produced by the visual changes to existing landscapes associated with development activities_ (c) Since none of the threshold of significance criteria would 'be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 4.1:3 Growth Inducement 4.13.1 Environmental Effect: Because the project includes street dedication, infrastructure improvements, and the physical alteration of areas located outside the tract map boundaries, the project could alter the nature or timing of other unrelated development activities (Growth -Inducing Impact -13-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this -finding': (a) Project -related and cumulative growth -inducing impacts are addressed in Section 4.13 (Growth Inducement) in the DEIR, incorporated herein by reference. (b) The size and duration of the proposed project is not sufficient fo predicate any substantial in -migration of new workers into the general project area. The project's incremental contribution to localized, regional, and national employment opportunities would not create substantial significant secondary impacts. (c) The proposed. infrastructure improvements, including the improvements to Larkstone Drive and Morning Sun Avenue, will not increase existing design capacities or facilitate development beyond the project site. (d) Since none of the threshold criteria would be exceeded, the identified impact' would be less than significant and no further mitigation is recommended or required. 5.0 FINDINGS REGARDING MITIGATION REPORTING AND MONITORING PROGRAM The City Council has adopted or will likely adopt the MRMP set forth in the FEIR. The City Council hereby finds that the MRMP meets the requirements of Section 21081.6 of CEQA and Sections 15097 and 15126.4 of the State CEQA Guidelines. 6.0 FINDINGS REGARDING PROJECT ALTERNATWES The City Council recognizes that the SPWSP will result in significant unavoidable environmental impacts that cannot be feasibly reduced to below a level of significance. The City Council finds that: (1) due to specified economic, legal, social, technological, and other considerations each of the project alternatives are infeasible; (2) will not fulfill, in whole or in part, the identified project objectives; and/or (3) will not feasibly result in the avoidance or any of the significant or potentially significant environmental impacts as associated with the proposed project. 30 Nov 14 2006 6:IOPM EIS 949-837-3935 P.31 6.1 "No Project" Alternative Project. The City Council finds that the "No Project" alternative" is "environmentally superior" to the proposed project since it would, at least in the short term, result in the elimination of at least one of the significant impact associated with the proposed project. Facts in Supp rt of Findings. The following facts are presented in support of this finding: (a) The City's analysis of project alidmaiives is presented in Section S.1) (Alternatives Analysis) in the DER, incorporated herein by reference. (b) Under this alternative, no new housing units would be constructed on the site. (c) The "no project" alternative generally reflects the conditions and associated environmental impacts that would predictably occur should the Lead Agency elect to either deny the proposed project or fail to take action on the proposed development application, resulting in, at least, the short-term retention of the site in its existing condition. The denial of the current development application or the cessation of current process would not, however, preclude the submission of a subsequent development application to the City. (d) While cumulative biological resource impact may be incrementally reduced through the retention of the project site as an open space area and the preservation of existing on-site vegetation, the subregion will continue to experience a general decline in overall biological diversity. Cumulative impacts on biological resources would, therefore, remain significant. (e) Under this alternative, no construction activities would occur on the project site. As a result, there would be no significant project -related increase in construction emissions. Cumulative air quality impacts would, however, continue to remain significant since related development would still be predicted to occur. Effectiveness in Meeting Proiect Objectives. The "No Project" alternative" would not substantially meet the identified objectives of either the City or the Applicant. Eftqatily. In the absence of public and/or private purchase of the project site for the purpose of open space preservation, there exists no mechanism to ensure the long-term preservation of the project site in an undeveloped condition. As a result, absent that participation, the "No Project" alternative is infeasible. 6.2 "Existing Authorized Development and No Park" AIf~ernative Comparison of the Effects of the Alternative to the Effects of the Proposed Project. Facts in Support of Findings. The following facts are presented in support of this finding; (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DEIR, incorporated herein by reference. (b) Under this alternative, no more than five new housing units would be constructed on the project site. (c) Since no subdivision activities would occur under this alternative, no real property park dedication would be provided, no in -lieu park fees would be collected, and no park improvements would result as a direct consequence of this alternative. 31 Nov 14 2006 6:IOPM EIS 949-837-3935 P.32 (d) While cumulative biological resource impact may be incrementally reduced through the retention of the project site as an open space area and the Preservation of existing on-site vegetation, the - subregion will continue to experience a general decline in overall biological diversity. Cumulative impacts on biological resources would, therefore, remain significant. (e) Under this alternative, since construction activities would be substantially reduced, construction -term emissions would not be anticipated to exceed threshold limits. Because related projects and ambient growth would, however, continue to occur, cumulative air quality impacts would remain significant. Effectiveness 'in Meetin Project Ob ectives. This alternative does not substantially contribute to the supply of new housing opportunities within the City and does not serve to substantially fulfill the stated project objectives. Feasibili . Excluding economic considerations, which are not addressed herein, the "i)isting'Authorized (Development and No Park" alternative is feasible. 6.3 "Traditional Single -Family Subdivision with Part" Alternative Com arison of the Effects of the Alternative to the Effects of the Pro osed Project. Facts in Support of Findinos. The following facts are presented in support of this finding: (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DER, incorporated herein by reference. (b) Under this development scenario, approximately 64 single-family detached homes could be accommodated on the project site. (c) Because related projects and ambient growth would continue to occur, biological resource impacts would remain cumulatively significant. (d) Although the number of dwelling units would be less, total alternative -related construction emissions would likely be generally the same based on similarities in the number of acres that would be disturbed each day and the similar list of construction equipment. Construction emissions would, therefore, likely remain significant. Additionally, because related projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. Effectiveness in Meeting Project Objectives. Although the number of dwelling units would be reduced, this alternative substantially fulfills the projects stated objectives. Feasibili . Excluding economic considerations, which are not addressed herein the "Traditional Single -Family Subdivision with Park" alternative is feasible. 6.4 "Proposed Project and No Stockpile Site" Alternative !Com arison of the Effects of the Alterhative to the Effects of the Pro used Fro"ect. Facts in Support of Findings. The following facts are presented in support of this finding: (a) The City's analysis of project alternatives is presented in Section 6.o (Alternatives Analysis) in the DEIR, incorporated herein by reference. 32 Nov 14 2006 6:10PM EIS 949-837-3935 p.33 (b) Under this alternative, a 99 -unit detached condominium project could be accommodated on the project site. (c) Because related projects and ambient growth would continue to occur, biological impacts would remain cumulatively significant.. (d) Since the amount of daily construction operations would remain generally the same, construction emissions would remain significant. Because related projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. Effectiveness in Meeting Proiect Objectives. This alternative fulfills the stated objectives. Feasibility. The "Proposed Project and No Stockpile Site" alternative is feasible. 7.0 PROJECT BENEFITS The City Council finds the proposed project would result in a number of identifiable community benefits. Those benefits include, but may not be limited to: (1) The proposed project will rdsult in the production of 99 new housing units within the City, thus helping the City respond to the identified housing demand outlined in the current "Regional Housing Needs Assessment' (RHNA). (2) The construction and sale of detached residential condominiums present future homebuyers with additional purchase options and price variations allowing homebuyers to better match housing choices with household needs and demands. (3) The creation of new housing opportunities will promote the attainment or regional jobs - to -housing ratio objectives established by regional governmental entities and produce corresponding environmental benefits. (4) Project approval might facilitate the sale of surplus real property by the WVUSD and provides revenues for that district to accommodate the needs of existing and future students. (5) Project construction will allow for the elimination, reduction, and/or remediation of landslide hazards affecting both the subject property and other abutting properties. (6) Project approval will allow for the productive use of an underutilized property designated for residential use in the City's General Plan. (7) The provision of an approximately 4.68 -acre "turn -key" neighborhood park will expand the inventory of parklands within the City, promote, the attainment of established park goals, and create additional recreational opportunities benefiting City residents. 8.0 STATEMENT OF OVERRIDING CONSIDERATIONS As described above, the proposed project would produce significant unavoidable adverse impact in the following three topical areas: (1) Air Quality (Construction Impact); (2) Air Quality (Cumulative Impact): and (4) Biological Resources (Cumulative Impact). Each of those identified significant environmental effects will continue to manifest as significant impacts notwithstanding the City Council's adoption or likely adoption of those mitigation measures identified in the FEIR. In order to determine whether the project's potential environmental impacts are acceptably overridden by the project's anticipated benefits, Section 15093 of the State CEQA Guidelines requiring the City to balance the potential benefits of the proposed project against the project's potential unavoidable significant impacts. 33 Nov 14 2006 6:11PM EIS 949-537-3935 p.34 The City Council finds that the previously stated benefits of the proposed project outweigh the significant unavoidable adverse environmental impacts of the proposed project. Each of the separate and distinct benefits of the proposed project is determined to be, in themselves and independently of any other Identified benefit, a basis for overriding all unavoidable environmental impacts, as identified in these findings. The City Council has identified economic and social benefits and important public policy objectives that will result from implementation of the proposed project. The City Council has sought to balance these substantial economic and social benefits against the significant unavoidable adverse effects of the proposed project. Given the substantial,social and economic benefits that will accrue to the City and to the region from the implementation of the proposed project, the City Council finds that the.projecfs identified benefits override the project's identified significant environmental impacts. 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N C ,.- ` a -N V- C O C .0 m L L Loo a U L%) >.c 0 E m a) D E c a) D m m °) @ m c E =ct _V:`ti p m y m O N D .0 C y C L m m O 'O .v) @@LO O a)i rnE @ E a) y� C c . rtttii U �QZQ�Linn �S��mE�UoEami�aLDi°Ly)m000E� m -°�@QE0D)-`n �. O N N W y m 7 � O) m Q r O a m rY PLANNING COMMISSION RESOLUTION NO. 2006-55 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP 63623 AND SPECIFIC PLAN NO. 2005-01 FOR SUBDIVISION OF AN APPROXIMATELY 34.52 -ACRE SITE FOR RESIDENTIAL CONDOMINIUM PURPOSES AND ADOPTION OF THE SOUTH POINTE WEST SPECIFIC PLAN FOR DEVELOPMENT OF THE SITE WITH A 99 -UNIT RESIDENTIAL CONDOMINIUM DEVELOPMENT AND AN APPROXIMATELY 4.7 -ACRE NEIGHBORHOOD PARK ON PROPERTY LOCATED SOUTH OF LARKSTONE DRIVE, EAST OF MORNING SUN AVENUE, AND WEST OF BREA CANYON ROAD (ASSESSORS PARCEL NUMBERS 8765-005-01,8765-005-02,8765-005- 03, 8765-005-07, AND PORTIONS OF 8765-005-905, 8763-026-907, AND 8763-026-901) A. RECITALS 1. The applicant/property owner, South Pointe West, LLC, has filed an application for Vesting Tentative Tract Map No. 63623 and Specific Plan No. 2005-01 for subdivision for condominium purposes of an approximately 34.52 -acre site and adoption of the South Pointe West Specific Plan on property generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765- 005-01, 8765-005-02, 8765-005-03, 8765-005-07, and portions of 8765-005- 905, 8763-026-907, and 8763-026-901). All further references to the vesting tentative tract map and specific plan shall be referred to as the Application. 2. The Application is being reviewed by the Planning Commission concurrently with General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Development Agreement No. 2005-01, Conditional Use Permit No. 2005-01, Development Review 2005-27, Tree Permit No. 2005-06, and Environmental Impact Report No. 2005-01. 3. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; Planning Commission Resolution No. 2006-55 4. Pursuant to CEQA Guidelines Sections 15092 and 15093, a resolution recommending certification of the EIR, adoption of a mitigation monitoring plan, and adoption of "Findings and Facts and Statement of Overriding Considerations" to the City Council for the project is being reviewed by the Planning Commission concurrently with this resolution; 5. The applicant has requested approval of Specific Plan 2005-01 (South Pointe West Specific Plan) that includes a land use plan that divides the property into four sub -planning areas (Open Space, Low -Medium Density Residential, Park, and Circulation) and includes standards and guidelines for future development of the specific plan site with a 99 -unit residential condominium project with an approximately 4.7 -acre neighborhood park; 6. Public hearing notices were mailed to approximately 518 property owners of record within a 1,000 -foot radius of the project site. Three public places within the City of Diamond Bar were posted with the public hearing notices and a display board was posted at the project site. Notification of the public hearing for this project was properly advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 7. On November 14 and continued to November 28, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 8. On November 28, 2006, the Planning Commission concluded the public hearing on the application. 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. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings of Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and must be certified by the City Council before project approval; 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and 2 Planning Commission Resolution No. 2006-55 conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project is to develop vacant land comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road (Assessors Parcel Numbers 8765-005-01,8765-005-02,8765-005-03,8765-005- 07, and portions of 8765-005-905, 8763-026-907, and 8763-026-901) with 99 single-family condominiums and a public park. (b) The current General Plan land use designations for the site include PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low - Density Residential). General Plan Amendment 2005-01 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. (c) The project site is within the R-1-15000 (Single Family Residence - Minimum Lot Size 15,000 Square Feet) and RPD -1 0000 (Residential Planned Development with 10,000 -square -foot lot size) Zones. Zone Change No.2006-03 is being reviewed concurrently with the Application that requests that the City Council approve the zone change from the current zoning to Specific Plan for General Plan compliance. (d) Generally to the project site is surrounded by existing single-family homes on the north, south and west. The South Pointe Middle School is located just to the northeast of the project site. Vacant land is borders the site on the east. (e) The application involves a request for the following: subdivision of an approximately 34.52 -acre property for residential condominium purposes and adoption of the South Pointe West Specific Plan for 3 Planning Commission Resolution No. 2006-55 development of the site with 99 residential condominiums and an approximately 4.7 -acre neighborhood park. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance the Planning Commission recommends that the City Council make the following findings: M The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan. The proposed project involves the subdivision of the site with 99 detached residential condominiums, 15.93 acres of open space, and a 4.68 -acre neighborhood park. The General Plan land use designations for the site include PA-4/SP (Planning Area-4/Specific Plan), School and RL (Low -Density Residential). General Plan Amendment 2005-01 being consider concurrently with this applicant proposes to revise the General Plan Land Use Element text to remove a deed restriction limiting the numbers of residences on the site and to change the land use designation for the entire Specific Plan area to PA-4/SP and the neighborhood park site to Park. With approval of the General Plan Amendment, the Application will be consistent with the General Plan land use designation. The project will maintain the integrity of residential neighborhoods by discouraging through traffic and preventing the creation of new major roadway connections through existing residential neighborhoods in that the proposed subdivision will include streets that will private streets that will be gated to discourage through traffic and contains cul-de-sacs that will also restrict through traffic. The project will provide a residential subdivision that will protect natural resources, hillsides and scenic areas in that a substantial portion of the site will be open space lots that will be located in the areas of the site with existing steep slopes that will be preserved. As a subdivision for residential condominium purposes, the project will provide additional homeownership opportunities of single-family housing that will be compatible with surrounding development. The proposed subdivision will include open space area lots that occur along the outer portions of the site that will act to buffer the site from adjacent single-family neighborhoods. 4 Planning Commission Resolution No. 2006-55 The proposed subdivision will also be an example of innovative land use of housing types in that the residences will be clustered to provide additional open space areas than would otherwise be allowed in a conventional single-family development. (9) The proposed subdivision is consistent with the proposed South Pointe West Specific Plan document, as conditioned. (h) The subdivision is physically suited for the type and proposed density of development in that the density as proposed will be consistent with the General Plan land use designation as amended with General Plan Amendment 2005-01 that is being considered concurrently with the application. The proposed land use designation will be Specific Plan that will allow for the development of the site with homes clustered on the less environmentally sensitive areas such that the amount of open space areas that will be designated under the specific plan will total approximately 50 percent of the site. U) The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15164 et seq., an Environmental Impact Report (EIR) has been prepared for the project which found that the proposed project may have remaining significant impacts that requires adoption of "Findings and Facts and Statement of Overriding Considerations". Per CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the Application and will be certified by the City Council before project approval. The design of the subdivision improve the safety of the site in that the proposed subdivision will be such the site will be graded to remediate areas with potential landslide problems and those off-site areas including Morning Sun Avenue that were disturbed with a 1995 landslide. Much of the proposed project grading will occur over areas that have been previously disturbed and will be conducted in accordance with the recommendations outlined in the project's geotechnical investigation so as to assure that geotechnical stability is maintained or increased. Detailed drainage and hydrology studies have been completed, including the potential for debris flows and proposed conditions and mitigation measure will likely prevent any significant increases in erosion and flood hazards. (k) The design of the subdivision will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. 5 Planning Commission Resolution No. 2006-55 (1) (m) The discharge of sewage from the proposed subdivision into the community sewer would not result in violation of existing requirements prescribed by the California Water Quality Control Board. The proposed subdivision has been analyzed under the EIR and was not found to violate any requirement of the California Water Quality Control Board. The project will require a sewer construction permit be issued by the County and the Public Works Director that approve the project's sewer plans. The proposed subdivision will be consistent with all applicable provisions of the Development Code, the City's subdivision ordinance and the subdivision map act. The project has been reviewed for consistency with the hillside regulations and the proposed South Pointe West Specific Plan and was found to be consistent with both documents. Specific Plan: Pursuant to Subdivision Code Section 22.060 of the City's Development Code and 65451, the Planning Commission recommends that the City Council make the following findings: (n) The South Pointe West Specific Plan document submitted by the applicant contains plans showing the distribution, location and extent of the uses of land, including open space. (o) The South Pointe West Specific Plan includes the proposed distribution, location and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (p) (q) The South Pointe West Specific Plan includes standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources. The South Pointe West Specific Plan includes a program of implantation measures including regulations, programs, public works projects, and financing measures necessary to carry out the project. (r) The South Pointe West Specific Plan includes a statement attesting to the consistency of the specific plan with the City's General Plan. (s) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas 6 Planning Commission Resolution No. 2006-55 (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The project is designed as a cluster development with the residential units situated in the flattest areas of the site. The General Plan strategies for this site include the conservation of open space resources and to preserve significant environmental resources through clustering to a portion of the site. The project is consistent with these General Plan strategies in that the buildings will be clustered along the flattest areas of the site in small lots so that the areas with the steepest slopes can be preserved as open space. The South Pointe West Specific Plan has been developed that includes a conceptual site plan and development standards that promote clustering of the homes in certain areas of the site. The project is substantial compliance with the specific plan conceptual site plan and development standards. The City's Design Guidelines promote compatibility with adjacent development. The project will not have a negative effect on adjacent existing residential areas in that the project will be gated to discourage through traffic, will contain single-family detached condominiums with private rear yards and that are setback from the street that resemble adjacent traditional single-family development, and the location of the open space areas along the project boundaries will serve as buffer areas. (t) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The conceptual site plan proposed under the South Pointe West Specific Plans shows a clustered residential development that includes open space areas along the site peripheries that act as a buffer. In addition, the project is proposed as a gated community that will discourage through traffic. Private streets within the project site will have a sidewalk on each side to provide pedestrian circulation through the site. The design and layout of the proposed residential project will compliment the neighboring uses and will provide an integrated development that reduces traffic conflict and encourages pedestrian to walk. Pursuant to CEQA Guidelines Section 15063, the City has prepared an Environmental Impact Report (EIR) for the project finding that the project will have significant impacts on the environment. In compliance with the CEQA, the City of Diamond Bar, as the lead 7 Planning Commission Resolution No. 2006-55 agency, prepared an Environmental Impact Report (EIR) for the purpose of analyzing the direct, indirect, and cumulative impacts from the development of the South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting Tentative Map and covers future development of the site with the proposed project. The SPW project reviewed under the EIR includes the 31.43 -acre site, the public park and a 7.4 -acre stockpile site situated east of the future park site. In accordance to CEQA Guidelines Section 15090, the EIR is being reviewed concurrently with the approval of the Application and must be certified by the City Council before project approval. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Specific Plan 2005-01 and Vesting Tentative Tract Map 63623 subject to the following conditions, the attached Standard Conditions and the Mitigation Monitoring Program: a. GENERAL (1) This approval for South Pointe West Specific Plan and Vesting Tentative Tract Map 63623 shall be null and void and of no affect unless the EIR (SCH #2005111118) is certified, the Mitigation Monitoring Program, Facts and Findings and Statement of Overriding Considerations are adopted, and General Plan Amendment No. 2005-01, Zone Change No. 2005-03, Conditional Use Permit No. 2005-01, Development Review No. 2005-01, Tree Permit No. 2005-06, and Development Agreement No. 2005-01, are approved. This approval is valid for three years. Two extensions of time, one year each may be approved pursuant to Development Code Section 22.66. (2) In addition to the conditions in this resolution, the project shall comply with all conditions of approval in resolution nos. 2006-52, 2006-53, 2006-54 and 2006-56. (3) The project shall comply with the Mitigation Monitoring program for EIR 2005-01, SCH No. 2005111118. A copy is attached hereto and referenced herein. 8 Planning Commission Resolution No. 2006-55 b. SPECIFIC PLAN AND VESTING TENTATIVE TRACT (4) Within 60 days from the date of the City Council approval of the South Pointe West Specific Plan, the applicant shall submit to the Planning Division for review and approval a revised South Pointe West Specific Plan documents with the following changes: (5) (a) The Open Space - Sub -Planning Areas 4A, 4B, and 4C section of the plan shall specify the uses permitted with these areas as open space and recreational and prohibit development with any residential, institutional, religious places of worship, schools or colleges uses. (b) Under Section C - Development Standards, the minimum depth development standard shall pertain to the condominium footprint and the front yard setback. (c) Under Section C - Development Standards, the standard pertaining to side yard interior setback shall be deleted. (d) Under Section C - Development Standards, the street side yard setback shall be clarified as to whether it is measured to the inside or outside edge of the sidewalk. Prior to issuance of building permit, the applicant shall submit a detailed plan indicating trail width, maximum slopes, physical conditions, drainage, weed control and trail surface in accordance with City Master Trail Plan to the City for review and approval. (6) Before recordation of the final map, the applicant shall turn over to the City approximately 4.68 acres of parkland. If the 3.24 -acre upper portion of the park located on property that is owned by the Walnut Valley School District cannot be provided as proposed, the applicant must provide the remaining portion on the project site owned by the applicant or on another property provided by the applicant subject to review and approval by the Community Development Director. The public park shall contain a minimum of 4.68 gross acres and a minimum of 2.18 usable acres. The entire public park area as required above shall be contiguous. (7) Within 60 days from the City Council approval date of the South Pointe West Specific Plan, the applicant shall submit detailed design of the park showing all the elements and amenities for Community Development Director and Community Services Director review and approval. 9 Planning Commission Resolution No. 2006-55 (8) (9) The South Pointe West Specific Plan shall be revised to be consistent with all the setbacks contained in the project site plan. The Applicant shall fully improve the parkway along Morning Sun Drive that includes curb, gutter, landscape with trees, shrubs, ground cover and appropriate irrigation subject to Los Angeles County review and approval. The Homeowner Association of the South Pointe West shall be responsible to maintain the parkway for project frontage along Morning Sun Drive. P. LANDSCAPE AND PRESERVED AND PROTECTED TREES (10) Before issuance of a grading permit or the removal/disturbance of oak and willow trees, the applicant shall submit to the Community Development Director for review and approval a detailed and accurate tree survey and a coast live oak woodland plan prepared by an arborist specifying the following: (a) the precise number trees to be removed and/or protected; (b) the replacement trees, their location, the number (3:1 ratio), type, and size; (c) For coast live oak woodland, the restoration or replacement efforts shall use locally collected nuts or saplings grown from locally collected nuts. Appropriate understory shall be provided. (d) performance standards for the survivability of replacement trees; (e) a maintenance agreement stipulating the Applicant's obligations for a minimum five-year period, including the annual reporting; (f) (9) the amount and derivation of the security deposit required under the City's trees preservation ordinance; measures that will be taken to protect oaks and willows remaining on the property during construction consistent with Section 22.38.140 of the Development Code; (h) if in -lieu fees are used for a part of or all mitigation, this mitigation method shall also be in accordance with the 10 Planning Commission Resolution No. 2006-55 requirements and approval of the California Department of Fish and Game and the City of Diamond Bar. d. EIR PROJECT CONDITIONS (11) The existing deed restriction that now encumbers Lot 49 in Tract No. 32576 which limits the development potential of that parcel to only one dwelling units shall be retained within the designated remainder portion of that parcel located to the east of the boundaries of Vesting Tentative Tract Map No. 063623 and extending between Larkstone Drive southward towards Peacehill Hills Road. (12) Prior to the issuance of grading and building permits, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that each of the recommendations contained in the project's geotechnical investigation, in the City's third -party review, and in any supplemental reports as may be prepared by the Applicant's geotechnical engineer or engineering geologist or by others have been incorporated into the project's design, development, and operation. The project shall be constructed, operated, and maintained in accordance with those recommendations and with such additional geologic, geotechnical, seismic, and soils recommendations as may result from further pre -construction and post -construction engineering analyses that may be presented to or imposed by the City. (13) All identified geologic, geotechnical, seismic, and soils hazards located within the tract map boundaries that cannot be eliminated, as approved by the City Engineer, shall be identified on the final subdivision map as "Restricted Use Areas" subject to geologic hazard. The Applicant shall dedicate to the City the right to prohibit the construction of buildings or other structures within such restricted use areas. (14) In order to demonstrate compliance with applicable state and federal resource protection policies designed to protect or compensate for the loss of biological resources, before initiation of any grading activities, the Applicant shall provide the Director with documentation of receipt of a Section 401 (Federal Clean Water) water quality certification or waiver or waste discharge requirements form the Regional Water Quality Control Board, Los Angeles Region, a nationwide Section 404 (Federal Clean Water) permit from the US Army Corps of Engineers, and a Section 1602 (California Dept. of Fish and 11 Planning Commission Resolution No. 2006-55 Game) streambed alteration agreement from the California Department of Fish and Game. The applicant shall comply with all associated permit requirements. (15) Initial vegetation removal activities shall be conducted outside the nesting season (February 15 -August 15) to avoid impacts upon nesting birds. If initial vegetation removal activities occur during nesting season, before start of grubbing activities, all suitable habitat shall first be thoroughly surveyed by a qualified biologist for the presence of nesting birds. If any active nests are detected, a buffer of at least 300 feet (500 feet for raptors) shall be delineated, flagged, and vegetation removal activities avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. (16) BMP devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type that minimizes the potential for vector (public nuisance) problems and maintained throughout the project life so as not to contribute to those problems. Unless accepted by the County, the responsibilities for and the funding of BMP maintenance shall constitute obligations of the homeowners' association. (17) Prior to the issuance of a grading permit, the Applicant shall submit and, when acceptable, the City Engineer shall approve a project -specific storm water management plan, including a description of source and treatment controls. (18) Volume -based treatment control BMPs and flow -based BMPs for the project shall be sized in accordance with provisions of the Los Angeles County's "Manual for the Standard Urban Storm Water Mitigation Plan" (SUSMP Manual). Facility sizing shall be finalized during the design stage by the project engineer with the final hydrology study, which will be prepared to ensure consistency with the SUSMP Manual and the EIR prior to issuance of the grading permit. (19) As a condition to the issuance of the grading permit, the Applicant shall be responsible for the repair of any damage to roads resulting from the delivery of heavy equipment and building materials and the import and export of soil material to and from the project site. Any resulting roadway report shall be to the Satisfaction of the City of Diamond Bar, if within the City, or the County of Los Angeles, if located in an unincorporated County area. 12 Planning Commission Resolution No. 2006-55 (20) Construction Traffic Safety Plan. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes through residential neighborhoods to be used by construction vehicles; the points of ingress and egress of construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; the location of materials and equipment staging areas; maintenance plans to remove spilled debris from neighborhood road surfaces; and the hours during which large construction equipment may be brought on and off the sites. The CTMP shall provide for the scheduling of construction and maintenance -related traffic so that it does not create safety hazards to children and other pedestrians. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shall be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all times yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. (21) Prior to the issuance of any grading or grubbing permits, the Applicant shall investigate the feasibility of constructing a temporary roadway or driveway, generally parallel to Larkstone Drive but south and independent of that roadway, for the purpose of directing construction traffic away from existing residential neighborhoods located to the west of the project site onto Diamond Crest Lane and Brea Canyon Road. Evidence of the feasibility or infeasibility of that construction access road shall include, but not necessarily be limited to, consideration of engineering feasibility, phasing of neighborhood park construction, ability of the Applicant to implement proposed stockpiling plans, and impacts upon residents to the east of the project site, and shall be provided to the City prior to the issuance of any grading or grubbing permits. If determined to be feasible and beneficial by the City, 13 Planning Commission Resolution No. 2006-55 the City may elect to impose additional permit conditions directing, among other requirements, that all or a specified amount and/or type of construction traffic utilize that temporary access route. (22) Prior to the issuance of the final grading plan, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), CALTRANS "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and non -vehicular access along Larkstone and Morning Sun Drives throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. In lieu of a separate TCP, the Applicant may elect to prepare a combined construction traffic safety plan and traffic control plan. (23) Prior to the recordation of the final tract map, the Applicant shall provide, to the satisfaction of and in the amount specified by the City Engineer, the Applicant's fair -share contribution toward the cost of the improvements to the following intersections: (1) Fairway Drive/Brea Canyon Cut-Off/Colima Road; (2) Lemon AvenueNalley Drive; (3) Lemon Avenue/Golden Springs Drive; (4) Brea Canyon Road/Washington Street; (5) Brea Canyon Road/SR-60 WB Ramps; (6) SR -60 EB Ramps/Golden Springs Drive; (7) Brea Canyon Road/Golden Springs Drive; (8) Brea Canyon Road/Pathfinder Road; and (9) Brea Canyon Cut -Off Road/Pathfinder Road. (24) As stipulated in Article 9 of the 2001 California Fire Code and any associated design guidelines promulgated by the Los Angeles County Fire Department (LACFD), unmonitored vehicular access gates shall, at all times, be accessible to emergency personnel and shall include a knox-box rapid entry system or similar emergency override key switch acceptable to the LACFD that is an integral part of the mechanism and appropriately located and labeled. In the event of a power failure, the gate shall be automatically transferred to a fail-safe 14 Planning Commission Resolution No. 2006-55 mode allowing the gate to be pushed open without the use of special knowledge or equipment. (25) Deed restrictions or other controls shall be imposed on those lots abutting the intersection of Private Drive "A"/Private Drive "C" restricting the installation and maintenance of any landscape or hardscape improvements that would limit site distances to less than those distances recommended in the California Department of Transportation's "Highway Design Manual." Landscape and hardscape improvement plans for those properties shall be reviewed and approved by the City Engineer. (26) Prior to the recordation of the final tract map, the City's Traffic Engineer shall determine the need for any traffic control device along Larkstone Drive. If, in the judgment of the Traffic Engineer, additional traffic control devices are deemed required, those devices shall be installed and operational prior to the commencement of any public use of the proposed park facility. (27) Prior to the issuance of any grading permits, the Applicant shall prepare a fugitive dust (PM10) mitigation plan. The plan shall identify methods to control fugitive dust through the implementation of reasonable available control measures in sufficient frequencies and quantities to minimize the transport of visible emissions beyond the project boundaries. Provisions of the plan shall include, but may not be limited to, the stipulation that: (1) all exposed surfaces and unpaved road shall be watered at least three times daily; (2) non-toxic soil stabilizers shall be applied to all inactive areas; (3) ground cover shall be replaced in disturbed areas as quickly as practical; and (4) non-toxic soil stabilizers shall be applied to all soil stockpiles. In addition, the plan shall include two or more of the following best available control measures: (1) water all active construction areas at least four times daily; (2) cover all haul trucks or maintain at least 2 feet of freeboard; (3) pave or apply water four times daily to all unpaved parking or staging areas; (4) apply dust stabilizing chemicals and water internal haul roads four times daily; (5) sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; (6) cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material; (7) suspend all operations on any unpaved surface if winds exceed 25 mph; (8) hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; (9) coordinate the schedule of fill placement with 15 Planning Commission Resolution No. 2006-55 the school district to minimize dust nuisance as much as possible; and (10) do not perform grading, or excavation, or other soil disturbance activities within 100 feet of a home or school building when winds blow from the activity toward the receiver. (28) In order to reduce emissions associated with the application of architectural coatings, the Applicant shall: (1) use pre -coated building materials where possible; (2) use high pressure -low volume (HPLV) paint applicators with 50 percent efficiency; (3) use lower volatility paint with 100 grams of ROG per liter or less; (4) spread out the application over a longer period of time; and (4) use no more than 100 gallons of paint per day. (29) The staging, storage, and maintenance areas for diesel - powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100 feet from any existing residential receptor. (30) With regards to building design, operational emissions shall be further reduced through the: (1) use light-colored roofing materials in construction to deflect heat away from buildings thus reducing energy consumption; (2) use dual -paned windows to reduce thermal loss in buildings; and (3) installation of automatic lighting on/off controls and energy-efficient lighting. (31) In order to further reduction construction -term air quality impacts, the Applicant shall: (1) encourage car pooling for construction workers; (2) limit lane closures to off-peak travel periods; (3) park construction vehicles off traveled roadways; (4) wet down or cover dirt hauled off the site; (5) wash or sweep access points daily; and (6) encourage receipt of materials during non -peak traffic hours. (32) During the construction period, the Applicant shall ensure that: (1) all construction equipment is properly maintained and tuned; (2) all equipment designed to operate with a muffler system is fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed; and (3) all stationary noise sources, such as generators and compressors, are located as far from residential receptor locations as feasible. All construction activities shall be subject to compliance with all applicable noise -related provisions as may be set forth by the City. 16 Planning Commission Resolution No. 2006-55 (33) Grading activities shall be restricted to Monday through Friday to between the hours of 7:OOAM and 6:OOPM. (34) Prior to the commencement of grading activities, the Applicant shall prepare and submit for review by the Los Angeles County Sheriff's Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD into a final construction security plan and shall implement that plan during the construction period. (35) Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration of the neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) offer specific design recommendations to enhance public safety and reduce potential demands upon police services. (36) Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit to the Los Angeles County Fire Department (LACFD) a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. (37) Prior to the issuance of a grading permit, the Applicant shall submit and the LACFD shall review and, when deemed acceptable, approve a fuel modification, landscape, and irrigation plan in compliance with County Very High Fire Hazard Severity Zone (VHFHSZ) standards. (38) Prior to the issuance of a grading and building permits, the LACFD will review and, when deemed acceptable, approve (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable County requirements; and (2) final building plans. The project's water system shall be designed in response to final fire flow requirements identified by the LACFD. 17 Planning Commission Resolution No. 2006-55 (39) Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the WVUSD's board resolutions governing the payment of school impact fees or has entered into an AB 2926 school fee mitigation agreement or is not subject to the exaction. (40) The design of the neighborhood park shall be subjected to Community Development Director and Community Services Director review and approval. e. STREET IMPROVEMENT (41) After review of the final Traffic Impact Analysis Report, widening of Larkstone Drive may be required. (42) The privately maintained portion of Larkstone Drive to, and including, the end of the cul-de-sac shall be dedicated to the City for Roadway purposes. All dedication documents shall be submitted for the review and recommendation of approval to the Public Works/Engineering Department. Approval by the City Council shall be granted prior to issuance of any certificate of occupancy or prior to final map approval, which ever comes first. (43) Full width pavement reconstruction of Larkstone Drive is required for the entire dedicated length and including the cul- de-sac as determined by the City Engineer. Applicant shall replace existing AC curb with concrete curb and gutter, and construct street improvements per APWA Greenbook standard plans and specifications. (44) Before issuance of any City permits, the applicant shall submit plans delineating the improvement of Morning Sun Drive for the Public Works/Engineering Department review and approval prior to final map recordation. The improvement shall align with and be compatible with Vesting Tract Parcel Map No. 63623. The improvement of Morning Sun Drive shall be completed prior to final inspection of grading activities. (45) Sidewalks along the south side of Larkstone Drive shall be installed to provide a safe pedestrian pathway to and from the development and park along the entire dedicated length which includes the Cul -De -Sac. 18 Planning Commission Resolution No. 2006-55 f. TRAFFIC (46) The fair share calculation in the LL&G report dated June 23, 2006 shall be updated using the City's TIA guidelines. All fair share fees identified shall be paid before issuance of any building permits. (47) Sight distance limitations existing in the area of Larkstone Drive and the project site due to the existing wall at the property line shall be addressed. The sight distance analysis shall review the location of the driver in relationship to the curb line. (48) All issues related to the South Point Middle School traffic circulation and pedestrian uses of the public roadway shall be addressed in the TIA. (49) All issues related to factors such as grades of the roadways, vehicle speed and golf cart crossings shall be addressed. (50) The LL&G report dated June 23, 2006 has not been approved by the City Public Works/Engineering Department. An update of the report shall be submitted to the Public Works/Engineering Department for review and approval before issuance of any grading permits. (51) A stacking length sufficient to accommodate at least vehicles (approximately 50 feetO shall be provided in front of the proposed Shepherd Hills Drive at Morning Sun Avenue. gate. g. PARKING (52) Existing on -street parking provided along Larkstone Drive shall be upgraded to current standards that will allow for sufficient back up spaces. Before issuance of any permits, on -street parking shall be designed and submitted to the Public Works/Engineering Department for review and approval. h. STREET LIGHTING (53) Applicant/developer shall provide and install street lighting along the impacted length of Larkstone Drive. Requirements for installation of additional street lights along Larkstone Drive shall be coordinated with the Los Angeles County Lighting Division and Southern California Edison. All requirements shall be incorporated on the off-site improvement plans. 19 Planning Commission Resolution No. 2006-55 (54) Street lights shall be annexed into the County Lighting Maintenance District 10006 and County Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained before construction. i. GEOTECHNICAL (55) Before issuance of grading permits, any and all geotechnical concerns regarding past landslides shall be addressed in all geotechnical studies and submitted to the Public Works/Engineering Department for review and approval. j. FIRE DEPARTMENT (56) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (57) Fire Department access shall b e extended to within 150 feet distance of any interior portion of all structures. (58) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be installed, tested and extended over 150 feet in length. (59) Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested and accepted prior to construction. (60) Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted before construction. (61) This property is located within the area described by the Fire Department a "Very High Fire Hazard Severity Zone" (formerly Fire Zone 4). A Fuel Modification Plan shall be submitted and approved prior to final map approval. (Contact Fuel 20 Planning Commission Resolution No. 2006-55 Modification Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702-2904, phone # 626-969-5205). (62) Applicant/developer shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. (63) Provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be required. (64) Applicant shall provide fire flow for public fire hydrants at this location at 1500 gallons per minute at 20 psi for duration of 2 hours, over and above maximum daily domestic demand. Applicant shall provide two hydrants flowing simultaneously, one of which shall be the furthest from the public water source. (65) Applicant shall install 11 public fire hydrants. (66) All hydrants shall measure 6" x 4" x 2 Y2" brass or bronze, conforming to current AWWA standard C503 or approval equal. All on-site hydrants shall be installed a minimum of 25 feet from a structure or protected by a two hour rated firewall. Hydrants shall be located as per map on file with Los Angeles County Fire Department (LACFD). Other locations shall be per map dated 10/31/06 provided by the LACFD. (67) All required fire hydrants shall be installed, tested and accepted or bonded prior to final map approval. Vehicular access must be provided and maintained serviceable throughout construction. (68) All hydrants shall be installed in conformance with Title 20, County of Los Angeles Code and County of Los Angeles Fire Code, or appropriate City regulations. This shall include minimum of six-inch diameter mains. Arrangements to meet these requirements shall be made with the water purveyor serving the area. (69) Before final map clearance, fire hydrant improvement plans must be submitted to the LACFD Land Development Unit - Fire Prevention Div. 21 Planning Commission Resolution No. 2006-55 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: South Pointe West, LLC, 2652 West 237th Street, Torrance, CA 90505 APPROVED AND ADOPTED THIS 28TH DAY OF NOVEMBER 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: —j! "Lv° /I/, L.w' Kwang Ho Lee, 'Acting Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of November 2006, by the following vote: AYES: Commissioners: AC/Lee; Nolan; Wei NOES: Commissioners: None ABSENT: Commissioners: VC/Torng; Chair/Nelson ABSTAIN: Commissioners: None ATTEST: 22 Planning Commission Resolution No. 2006-55 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) PROJECT #: Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005- 05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 SUBJECT: South Pointe West project that includes 99 detached residential condominiums, a 4.7 -acre neighborhood park. APPLICANT: South Pointe West, LLC LOCATION: South of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road, near the South Pointe Middle School. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27. Development Agreement No. 2005-01, and Tree Permit No. 2005-06 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 23 Planning Commission Resolution No. 2006-55 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. Signed copies of the Planning Commission Resolution of Approval No. 2006-55, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 2. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, 24 Planning Commission Resolution No. 2006-55 issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any Public Hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06, at the City of Diamond Bar Community Development Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval of Environmental Impact Report No. 2005-01, General Plan, Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for City Council approval. 3. In accordance to Subdivision Map Act Section 66463.5, Vesting Tentative Tract Map No. 063623, is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 063623, including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. 25 Planning Commission Resolution No. 2006-55 D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the City Council collectively referenced herein as Exhibit "A" including: site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations, the South Pointe West Specific Plan, and the General Plan. 2. The project Conditional Use Permit No. 2005-05, Development Review No. 2005-01 and Tree Permit No. 2005-06, except as conditioned herein, and as conditioned in Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623 and Development Agreement No. 2005-01 submitted to and recommended approval by the Planning Commission collectively reference herein as: Exhibit "A" - the site development plan, architectural plans and grading plans, Exhibit "B" - Mitigation Monitoring Program dated August 2006, and Exhibit "C" - Environmental Impact Report as modified herein. 3. The Mitigation Monitoring Program outlined in Environmental Impact No. 2005-01 (SCH #2005111118) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 4. Proposed future custom single-family residential units shall comply with the City's Development Review process. 5. A Home Owners' Association (HOA) shall be formed. 6. The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of the Planning and Engineering Divisions and the City Attorney. They shall be recorded concurrently with the Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. 26 Planning Commission Resolution No. 2006-55 7. Prior to the final map recordation or issuance of building permit, whichever come first, the application shall provide the City with a "Buyer's Awareness Package." for the City's review and approval. The "Buyer's Awareness Package" shall include, but is not limited to, information pertaining to geological issues regarding the property, wildlife corridors, oak and walnut trees, natural vegetation preservation issues, maintenance program for urban pollutant basins, fuel modification, all mitigation measures within the Mitigation Monitoring Program and Exhibit "A" which delineates each lot's building envelope, explanatory information pertaining to restrictions on the use of properties as necessary, and similar related matters. The applicant shall give each buyer a copy of the "Buyer's Awareness Package" and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 8. Applicant, through the "Buyer's Awareness Program" shall segregate green waste for reuse as specified under the City's Source Reduction Recycling Element, and County Sanitation District's waste division policies. 9. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 110. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 11. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. 12. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer priorto issuance of building permits. 13. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 14. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, 27 Planning Commission Resolution No. 2006-55 illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 2. A fuel modification plan for landscape/irrigation prepared by a registered landscape architect shall be submitted for Planning Division review and approval prior to issuance of building permits. 3. Prior to the issuance of any permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slope shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit/lot is sold and occupied by the buyer. Prior to releasing occupancy for the unit/lot, an inspection shall be conducted by the Planning Division to determine that the vegetation is in satisfactory condition. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 28 Planning Commission Resolution No. 2006-55 4. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 4. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 5. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 6. Prior to final map approval, if any public or private improvements required as part of. this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. —'. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement 29 Planning Commission Resolution No. 2006-55 executed guaranteeing completion of all public and private improvements. 8. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 9. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the vesting tentative tract map upon approval by the Advisory agency. 10. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 11. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 12. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 13. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 14. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 15. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 16. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 30 Planning Commission Resolution No. 2006-55 '17. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. '18. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. '19. All activities/improvements proposed for this Vesting Tentative Tract Map No. 63623 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 31 Planning Commission Resolution No. 2006-55 Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas, driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 8. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. c. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40-scale final grading plan as a base. 32 Planning Commission Resolution No. 2006-55 i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post-construction activities respectively. '12. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 13. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 14. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 15. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 16. Prior to the issuance of Building Permits, a pre-construction meeting must be held at the project site with the grading contractor, applicant, 33 Planning Commission Resolution No. 2006-55 and city grading inspector at least 48 hours prior to commencing grading operations. 17. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 18. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1 All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Prior to placement of any dredged or fill material into any U.S.G.S. blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Game shall be obtained and submitted to the City Engineer. 4. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 5. Storm drainage facilities shall be constructed within the street right-of- way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles as well as the City Engineer and all fees required shall be paid by the applicant. 34 Planning Commission Resolution No. 2006-55 6. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. —'. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. 8. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. Once approved the plan shall be incorporated into CC&Rs. D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. 4. New street centerline monuments shall be set at the intersections of two or more streets, intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 5. The design and construction of private street improvements shall be set to City and County standards and designed to a design speed of 25 mph. All roadways shall be posted with 15 mph speed limit. 35 Planning Commission Resolution No. 2006-55 6. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each residence per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 36 Planning Commission Resolution No. 2006-55 F. SEWERS Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATIONS 1 All traffic mitigations shall be implemented and constructed in accordance with the Traffic Report Dated 6/23/06 by LL&G and Conditions of project approval for the Environmental Impact Report No. 2005-01, General Plan Amendment No. 2005-01, Zone Change No. 2006-03, Specific Plan No. 2005-01, Vesting Tentative Tract Map No. 063623, Conditional Use Permit 2005-05, Development Review No. 2005-27, Development Agreement No. 2005-01, Tree Permit No. 2005-06 prior to issuance of the certificate of occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) 37 Planning Commission Resolution No. 2006-55 requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. 6. Specify location of tempered glass as required by code. 7. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 8. Note on plans, "separate permit is required for all wall and monument signs". 9. A height survey may be required at completion of framing. 10. All existing and new plumbing fixtures shall be in compliance with Appendix 29. 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height c. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) 38 Planning Commission Resolution No. 2006-55 g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 13. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. Use seismic zone four (4) for the lateral analysis. Applicant shall submit drawings and calculations prepared by a licensed Arch itect/E ngineer with wet stamp and signature 16. All balconies shall be designed for 601b. live load. 17. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 18. Indicate all easements on the site plan. 19. Fire Department approval shall be required. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1 /4 inch or more than 1 /2 inch in any dimension except where such openings are equipped with sash or door. Please contact the Fire Department to check the fire zone for the location of your property. 20. All retaining walls must be submitted to the Building & Safety and Public Work Departments for review and approval. 21. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. 22. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 23. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 24. Specify location of tempered glass as required by code. 39 Planning Commission Resolution No. 2006-55 25. Specify 1 /4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 4. Prior to the issuance of a grading permit, the applicant shall submit a fuel modification plan, landscape/irrigation plan prepared by a registered landscape architect to the Fire Department for review and approval. 5. Prior to recordation, the final map shall comply with all Fire Department requirements. END 40 Planning Commission Resolution No. 2006-55 Exhibit A EIR Facts of Findings and Statement of Overriding Considerations Nov 14 2006 6:'01PM EIS 949-837-3935 P.1 DRAFT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS FINAL ENVIRONMENTAL IMPACT REPORT - SOUTH POINTE WEST SPECFIC PLAN AND VESTING TENTATIVE TRACT MAP NO. 063623, DIAMOND BAR, CALIFORNIA STATE CLEARINGHOUSE NO.20051Ill 118 Section 21081 and 21081.5, California Public Resources Code Sections 15091, 15092, and 15083, Title 14, Chapter 3, California Public Resources Code 1.0 INTRODUCTION 1.1 Findings of Fact and Statement of Overriding Considerations The following statement of facts and findings (Findings) has been prepared by the City of Diamond Bar (City or Lead Agency) in accordance with the provisions of the California Environmental Quality Act (GEQA) and the Guidelines for the Implementation of the California Environmental Quality Act (State CEQA Guidelines) for the "South Pointe West Specific Plan" (SPWSP) project and for any and all discretionary actions reasonably associated therewith. For planning purposes, the, City and/or other responsible agencies have assigned a number of caselfile numbers to certain actions now contemplated by the City. Those caselfile numbers include, but are not limited to: (1) General Plan Amendment No. 2005-01; (2) Zone Change No. 2006-03; (3) Development Agreement No. 2005-01; (4) Specific Plan No. 2005-01; (5) Vesting Tentative Tract Map No. 063623; (6) Conditional Use Permit No. 2005-05; (7) Development Review No. 2005-26; (7) Tree Permit No. 2005-06; and (8) Environmental Impact Report No. 2005-01 and State Clearinghouse (SCH) No. 2005111118. Reference to the SPWSP herein is intended to be inclusive of each of the above referenced discretionary actions and such additional discretionary and ministerial actions as may be required for or associated with the construction, habitation, occupancy, use, and maintenance of the SPWSP and the residential, recreational, and infrastructure -related land uses proposed within the geographic area examined in the FEIR, whether of not included within the geographic area encompassed by the SPWSP or extending beyond the boundaries of that planning area. This document presents the findings of fact and substantial evidence that must be made by the City Council prior to determining whether to certify the "Final Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (FEIR), which is inclusive of, but not necessarily limited to, the "Draft Environmental Impact Report - South Pointe West Specific Plan, Vesting. Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" and the "Technical Appendix - Draft Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (DEIR), and the "Response to Comments on the Draft Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118" (RTC), and to approve or conditionally approve the SPWSP. The State CEQA Guidelines provide that 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 on the environment that would occur if the proposed 1 Nov 142006 6:01PM EIS 949-837-3935 P.2 project is approved or carried out unless the public agency makes one or more written findings for each of those significant effects. The possible findings specified in Section 15091 of the State CEQA Guidelines, which shall be supported by substantial evidence in the record, include: (1) Changes or alterations have been required in, or incorporated into, the project that avoid or substantially lessen the significant environmental effects, as identified in the final Elk [This finding shall be referred to as "Finding (1)"j (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the findings. Such changes have been adopted by such other agency or can and should be adopted by such other agency. [This finding shall be referred to as "Finding (2)"] (3) Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained. workers, make infeasible the. mitigation measures or alternatives identified in the EIR. [This finding shall be referred to as "Finding (3)1 With respect to those significant effects which are subject to Finding (1) above, the agency shall also adopt a program for reporting on or monitoring the changes which it has either required in' the project or made a condition of approval to avoid or lessen significant environmental effects. With respect to those significant effects which are subject to Finding. (2) above, the findings shall not be made if the agency making the findings has concurrent jurisdiction with another agency to deal with identified feasible mitigation measures or alternatives. With respect to those significant effects which are subject to Finding (3) above, the findings shall describe the specific reasons for rejecting identified mitigation measures and alternatives. In accordance with Section 15091 of the State CEQA Guidelines, the City Council makes the following findings for each significant or potentially significant environmental effect identified in the FEIR. Those impacts are categorized under the corresponding topical headings presented in the FEIR. Reference to mitigation measure numbers herein are as presented in the FEIR and may differ from those numbers or notations that may be subsequently assigned should the City Council elect to approve or conditionally approve the SPWSP. A number of significant environmental effects are identified in the FEIR which cannot be avoided or substantially lessened. In recognition of the continuing existence of significant unavoidable adverse environmental - effects, a statement of overriding considerations, supported by substantial evidence in the record, is, therefore, required in order for the Lead Agency to approve the SPWSP. The statement of overriding considerations for the SPWSP is presented in Section 8.0 (Statement of Overriding Considerations) herein. 1.2 Record of Proceedings For purposes of CEQA and these Findings, at a minimum, the record of proceedings for. the SPW SP consists of the following documents and other evidence: (1) (2) (3) "Initial Study," including all documents expressly cited therein; "Notice of Preparation" (NOP), "Notice of Completion" (NOC), "Notice of Availability" (NOA), and all other public notices issued by the City in conjunction with the proposed project; The "Draft Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118," including all documents incorporated by reference therein and all written Nov 14 2006 6:01PM EIS 949-837-3935 p.3 comments submitted by public agencies and other stakeholders during the public review period established by the NOP; (4) "Technical Appendix - Draft Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 200511111 a"; (5) Other site-specific andlor project -specific technical studies and exhibits not included in the FEIR but referenced therein; (6) "Response to Comments on the Draft Environmental Impact Report - South Pointe West Specific Plan, Vesting Tentative Tract Map No.063623, Diamond Bar, California, State Clearinghouse No. 2005111118," Including all written comments submitted by public agencies and other stakeholders during the public review period established by the NOC; (7) All written and verbal public testimony presented during noticed public hearings for the proposed project at which public testimony was taken; (8) "Mitigation Reporting and Monitoring Program," as presented in the FEIR and as subsequently adopted by the City Council; (9) Matters of common knowledge to the City including, but not Iinited to, federal, State, and local laws, rule, regulations, and, standards; (10) All documents expressly cited in these Findings; and (11) Such other relevant materials required to'be in the record of proceedings under Section 21167.6(e) of CEQA. 1.3 Custodian and Location of Records The documents and other materials constituting the administrative record for the City Council's action related to the SPWSP are located at the City of Diamond Bar, Community Development Department, 21825 Copley Drive, Diamond Bar, California 91765-4178. The Community Development Director is the custodian of the administrative record for the project. Copies of the documents constituting the record of proceedings are and at all relevant times, during the regular business hours of the City, have been and will be available upon request at the offices of the Community Development Department. This information is provided- in.compliance with Section 21081.6(a)(2) of CEQA and Section 15091(e) of the State CEQA Guidelines. 2.0 GENERAL FINDING In addition to the specific findings identified herein, the City Council hereby finds that: (1) (2) (3) (4) (5) The City of Diamond Bar is the 'Lead Agency" for the project evaluated in the FEIR; The FEIR and all environmental notices associated therewith were prepared in compliance with CEQA and the State CEQA Guidelines and in accordance with the City's local guidelines and procedures; The City Council has independently reviewed and analyzed the FEIR and the FEIR reflects the independent judgment of the City Council; A "Mitigation Monitoring and Reporting Program" (MMRP) has been prepared for the proposed project, identifying those feasible mitigation measures that the City Council has. adopted or will likely adopt in order to reduce the -potential environmental effects of the proposed project to the maximum extent feasible; The mitigation measures adopted or likely to be adopted by the City Council will be fully implemented in accordance with the MRMP, verification of compliance will be documented, and each measure can reasonably be expected to have the efficacy and produce the post mitigated consequences assumed in the FEIR; 3 Nov 14 2006 6:01PM EIS 949-037-3935 P.4 (6) Each of the issues to be resolved, as identified in the FEIR and subsequently raised in comments received by the City and during the deliberation of the City's advisory and decision-making bodies, has been resolved to the satisfaction of the City Council; (7) The impacts of the proposed project have been analyzed to the extent feasible at the time of certification of the FEIR; (8) The City Council reviewed the comments received on the FE1R. including, but not limited to, those comments received following the dissemination of the DE1R and RTC, and the responses thereto and has determined that neither the comments received nor the responses to those comments add significant new information under Section 15088.5 of the State CEQA Guidelines; (9) The City Council has not made any' decisions that would constitute an irretrievable commitment of resources toward the proposed project prior to the certification of the FEIR nor has the City Council previously committed to a definite course of action with respect to the proposed project; (10) Copies of all the documents incorporated by reference in the FEIR are and have been available for review and request during the regular business hours of the City at the office of the City's Community Development Department from the custodian of records. for such documents; (11) These Findings incorporate by reference such other findings as may be required under Sections 65454, 65455, 66474, 66474.4, 65853, and 65860 of the California Government Code and those corresponding finding required under the "City of Diamond Bar Municipal Code" (Municipal Code); and (11) Having received, reviewed, and considered all information and documents in the record, the City Council has or will impose conditions, mitigation measures, and take other actions to reduce the environmental effects of the proposed project to the maximum extend feasible and finds as stated in these Findings. 3.0 SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT FEASIBLY BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE The City Council has determined that existing regulations, conditions of approval, project design features, and/or feasible mitigation measures included in the FEIR and adopted by or likely to be adopted by the City Council will result in a substantial reduction of most but not all of those environmental effects identified in the FEIR. Notwithstanding the existence of those regulations and the adoption of those conditions and measures, the City Council finds that the following significant environmental effects will continue to exist. 3.11 Biological Resources 3.1.1 Environmental Effect implementation of the proposed project, in combination with other reasonably foreseeable future projects, will contribute incrementally to the continuing. reduction in relatively natural, undisturbed open space areas found within the general project area and contribute to the progressive fragmentation of habitat areas and general decline in species diversity throughout the region (Cumulative Impact 5-9). Findin : The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: 4 Nov 14 2006 8:01PM EIS 949-837-3935 p.5 (a) Project related and cumulative biological impacts are addressed in Section 4.5 (Biological Resources) in the DEIR and in Section 3.0 (Response to Comments) In the RTC, incorporated herein by reference. (b) Through the use of small lots and clustering, the proposed project minimizes the area of physical disturbance and results in the preservation of approximately 15.9 acres of open space. Through those actions, the biological impacts of the proposed project have been reduced to the maximum extent feasible. (c) Other than through the imposition of regional growth management and/or regional resource conservation policies, which actions are the purview of regional governmental entities and cannot feasibly be implemented at the project level, no feasible mitigation measures have been identified by the City Council which would effectively address this cumulative impact. 3.2 AIr Quality 3.2.1 Environmental Effect:' Construction activities will result in the generation of particulate, oxides of nitrogen, and other criteria pollutants as a result of projected ground - disturbance activities and equipment utilization (Construction Impact 7-1). Findin : The City Council hereby makes Findings (1) and (2). Facts in Supt ort of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) The air quality analysis was conducted in accordance with the methodology presented in the South Coast Air Quality Management District's (SCAQMD) "CEQA Air Quality Handbook" (SCAQMD, April 1993) and "Localized Significance Threshold Methodology" (SCAQMD, June 2005). (c) Primarily as a result of the use of diesel -powered equipment, NOx emissions are projected to exceed the SCAQMD's threshold standards. NOx is a regional (ozone) concern because NOx is an ozone precursor which has been shown to cause adverse health effects. NOx reductions through available mitigation measures, such as regular, low-NOx tune-ups and oxidation catalysts, are on the order of about ten percent. Even by keeping equipment in good tune, average daily construction exhaust NOx emissions cannot be reduced to a less -than - significant level. (c) There are no reasonably available mitigation measures than can reduce projected NOx emissions to less -than -significant levels. 3.2.2 Environmental Effect Related project activities, in combination with the construction and operation of the proposed project, will incrementally contribute to regional air emissions within and throughout the South Coast Air Basin (Cumulative Impact 7-5). Finding: The'City Council hereby makes Findings (i) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. 5 Nov 14 2006 8:02P11 EIS 949-837-3935 p.S (b) The SCAQMD indicates that one -possible approach for determining cumulative impacts is- whether. (1) the project shows a- one percent annual reduction in project emissions; (2) has a 1.5 average vehicle ridership; or (3) reduces the rate of growth in vehicle miles traveled (VMT) and trips. Implementation of the proposed project and other related projects is not likely to achieve either a 1.5 average vehicle ridership or a reduction in the rate of growth in vehicle miles traveled (VMT) and vehicle trips. (c) No mitigation measures, formulated specifically to address the project's potential incremental contribution to cumulative air quality impacts, are deemed to be reasonably feasible. 4.0 SIGNIFICANT OR POTENTIALLY SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CAN FEASIBLY BE MITIGATED TO BELOW A LEVEL OF SIGNIFICANCE The City Council has determined that existing regulations, conditions of approval, project design features, andfor feasible mitigation measures included in the FEIR and adopted by or likely to be adopted by the City Council will result in a substantial reduction of the following environmental effects and that each of the following environmental effects will either occur at or can be effectively reduced to below a level of significance. 4.1 Land Use 4.1.1 Environmental Effect: New residential and recreational land uses could introduce land use compatibility issues between the proposed uses and those existing and reasonably foreseeable future land uses that now and which may exist in close proximity to those uses (Land Use Impact 1-1). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference.' (b) The proposed residential, recreational, and open spaces uses are compatible with existing and proposed development within the general project area, (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required 4.1.2 Environmental Effect: The proposed mixed-use project, including the land uses, densities, and development standards now under consideration, could conflict with the adopted plans and policies of the City (Land Use Impact 1-2). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) The proposed project is generally consistent with the policies of the "City of Diamond Bar Genera Plan (General Plan) (City, July 25, 1995). 6 Nov 14 2006 6:02PM EIS 949-837-3935 p.7 (c) Although the proposed "number of dwelling, units exceeds the provisions of the hillside management ordinance, when the entire park site is included„ residential densities remain within the limits established under the General Plan and Chapter 22.22 of the Municipal Code. (d) The proposed project is generally consistent with the applicable core policies of the Southern California Association of Government's (SCAG) "Regional Comprehensive Plan and Guide" (RCPG) (SCAG, March 1996) and 'Regional Transportation Plan - Destination 2030" (SCAG, April 2004). (e) Since none of the threshold criteria would be exceeded, the identified. impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.1.3 Environmental Effect: Existing development restrictions currently encumber the project site. The elimination, modification, and/or alteration of those deed restrictions would be required in order to allow for the development of the proposed land uses (Land Use Impact 1-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) (b) (c) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. Under existing City policies, the owners of Lots 46-49 of Tract No. 32576 are presently authorized only one dwelling unit per parcel. Subject to appropriate findings, as determined by the City Attorney, the City Council is authorized to modify those restrictions. Although none of the threshold criteria would be exceeded, 'a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval retaining deed restriction on the designated remainder portion of Lot 49 (Tract No. 32576). 4.1.4 Environmental. Effect: The proposed subdivision creates a number of residual or designated remainder parcels, identified as Not a Part" in the proposed tract map, within the area of Lot -49 of Tract No. 32576, with reduced access (Land Use Impact 1-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support.of this finding: (a) Project -related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) LJCC - South Pointe West LLC (Applicant) seeks to acquire from the Walnut Valley Unified School District (WVUSD) a portion of Lot 49 in Tract No. 32576 and, in combination Lots 46-48 of Tract 32576 and additional properties located to the south of Larkstone Drive, subdivide the ' property to allow for the development of 99 dwelling units, a portion of the new neighborhood park, and common open space areas. The boundaries of the proposed development application are not coterminous with existing lot lines. Residual areas will, therefore, be created that are "not a part' of the current development application. 7 Nov 14 2006 6:02PM EIS 949-837-3935 (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval retaining deed restriction on the designated remainder portion of Lot 49 (Tract No. 32576). 4.1.5 Environmental Effect: Cumulative residential development within the City and the population increase associated with the introduction of new dwelling units could exceed the 2005-2010 population growth forecasts presented in the "Regional Transportation Plan - Destination 2030" (SCAG, 2004) and which serve as a basis for regional transportation planning (Land Use Impact 1-5). P.8 Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project related and cumulative land use impacts are addressed in Section 4.1 (Land Use) in the DEIR, incorporated herein by reference. (b) Implementation of the proposed project in combination with those other related projects will result in the further urbanization of the general project area, including the conversion of vacant or under -developed properties to higher -intensity uses. (c) Other related projects located within the City include, but may not be limited to, a total of 355 new dwelling units (plus the 99 units associated with the proposed project). The estimated resident population associated with those projects within the City would exceed Citywide SCAG projections for the 2005-2010 time period. (d) Since regional plans reflect local growth projections, a mitigation measure has been included in the FEIR and adopted or likely to be adopted in the MRMP stipulating that the City prepare and transmit to SCAG a revised growth forecast. Formal SCAG notification constitutes full mitigation for the resulting difference between local and regional growth projections. 4.2 Population and Housing 4.2.1 Environmental Effect: Project -related construction will increase the local work force and, through job creation and worker relocation, has the potential to induce short-term population growth in the general project area (Construction Impact 2-1). Finding: The City Council hereby makes Finding (1). Fads in Support of Findings: The following facts are presented in support of this finding: (a) (b) (c) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DEIR, incorporated herein by reference. The workforce required for the project's construction, operation, and maintenance can be reasonably drawn from the available regional labor pool. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.2.2 Environmental Effect: Project implementation will result in the addition of 99 dwelling units to the City's existing housing stock and will increase the City's population by 8 Nov 14 2006 6:03Pt1 EIS 949-837-3935 p.9 approximately 326 individuals, based an the existing (January 2006) Citywide vacancy rates and average household size (operational Impact 2-2). Findin :The City Causal hereby makes Finding (1}. Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative population and housing impacts are addressed in Section 4.2 (Population and Housing) in the DEIR, incorporated herein by reference. (b} The impact of the proposed project an sang -term employment opportunities is not projected to be substantial and, based an its limited scale, will not create additional significant secondary housing impacts. (c) Since Wane of the threshold criteria would be exceeded, the ident—ed impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.2.3 Environmental Effect: 6y increasing the Citys housing stack, absence a corresponding increase in long-term employment opportunities, project implementation, in combination with cumulative development, could contribute to a jobslhousing imbalance (cumulative impact 2-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative population end housing impacts are addressed in Section 4.Z (Population and Flouring) in the DEIR, incorporated herein by reference. (b) The SGRG region is further divided into both areas governed by regional councils of governments and into regional statistical areas. The project site is located within the area governed by the San Gabriel Valley Council of Governments (SGVCOG) and within RSA 26 (Covina). RSA 26, in which the project is located, is classiFed as "jobs rich" and the jobs -to -housing ratio is projected to increase between 1957 and 2025. She expansion of existing housing opportunities will serve to move the area toward a regional jobs -housing balance. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.3 Geotechnical Hazards 4.3.1 Environmental Effect: Two ancient and one active landslides have been identified on the property. Existing unstable earth conditions that have predicated past landslide activities within the tract rnap area must be further remediated as part of the project's grading plan, requiring increased earthwork and stabilization efforts in order to maEce the site geatechnically feasible far the proposed development (Construction Impact 3-1 ). Finding: The City Gauncil hereby makes Finding (1 ). Facts in Support of Findings: The fallowing facts are presented in support of this Ending: !3 Nov 14 2.006 6:03PM EIS 949-837-3935 P.10 (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DEIR, incorporated herein by reference. (b) Extensive site-specific and project -specific geologic, geotechnical, seismic, and soils analyses have been performed in order to assess on-site and near -site conditions.. Subject to the application of those actions, measures, and design specifications incorporated in those studies and subject to the application of such additional provisions as may be identified by the City prior to the issuance of grading and building permits, the project can be feasibly developed from a geotechnical perspective. (c) A "Restricted Use Area" designation be recorded for any in -tract areas where geologic, geotechnical, seismic, or soils hazards cannot. be eliminated to the satisfaction of the City Engineer (d) (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to effectively address the known geologic, geotechnical, seismic, and soils hazards affecting the project site. 4.3.2 Environmental Effect: During the life of the project, structures and other improvements constructed on the property Will be subject to periodic ground shaking resulting from seismic events along earthquake faults located throughout the region (Operational Impact 3-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Finding: The following facts are presented in support of this finding: (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DEIR, incorporated herein by 'reference. (b) The proposed project is feasible from a geotechnical perspective, provided that the recommendations presented in the project's geotechnical investigations are incorporated into the project's design and construction. Since the Applicant has committed to the incorporation of those recommendations, they are part of the proposed project and the project's design, construction, and operation t will occur in conformity and compliance therewith. (c) Although none.of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to effectively address the known 'geologic, geotechnical, seismic, and soils hazards affecting the project site. .4.3.3 Environmental Effect: Los Angeles County is located within a seismically active region. Since earthquakes have historically occurred throughout the region and can be expected to. occur in the future, development activities that occur throughout the region and their occupants and users will remain subject to seismic forces (Cumulative Impact 3-3). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: 10 Nov 14 2006 6:03PM EIS 949-837-3935 p.11 (a) Project -related and cumulative geotechnical hazards impacts are addressed in Section 4.3 (Geotechnical Hazards) in the DEIR, incorporated herein by reference. (b) Adequate control measures have been formulated by State and local governmental entities to ensure that all public and private structures are constructed and maintained in recognition of site-specific, area -specific, and regional geologic, geotechnical, seismic, and soils conditions. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.4 Hydrology and Water Quality 4.4.1 Environmental Effect: Development activities, including both residences and portions of the internal street system, are proposed within the area presently designated as a "flood hazard area" on the County Assessor's Parcel Maps (Construction Impact 4-1). Finding: The City Council hereby makes Finding (1). Facts in Suoport of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed In Section 4.4 (Hydrology and Water Quality) in the DEIR, incorporated herein by reference. (b) The preliminary title report for Lot 49 in Tract No. 3257 includes: specific °protective conditions" with regards to the interference of existing drainage and Los Angeles County Assessor's parcel maps for the subject property, as well as the previously recorded subdivision maps for Tract 32576, depict or make reference to flood hazard zones and/or flood control drainage improvements. (c) Project specific drainage and grading studies provide for new drainage patterns and ensure that no habitable structures will be constructed within any designated flood plain. The final subdivision map shall set forth the locations of any new drainage structures and devices required to accommodate the proposed land use and safety convey storm waters. (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.4.2 Environmental Effect Grading, material stockpiling, and equipment staging will result in the removal of existing ground cover, disrupt surface soils, increase the potential for erosion and sediment transport, and potentially impact existing beneficial uses (Construction Impact 4-2). Finding: The City Council hereby makes -Finding (1). Facts in Support of Findings: The following facts are presented'in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DEIR, incorporated herein by reference. 11 Nov 14 2006 6:03PM EIS 949-837-3935 p.12 (b) The 'Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges' (NPDES Permit No. CAS004001) regulates storm water discharge and imposed waste discharge requirements for municipal storm water and urban runoff discharges within the Los Angeles County (County). (c) The "Construction General Permit" (NPDES No. CAS000002) requires that dischargers prepare a storm water pollution prevention plan (SWPPP) and implement temporary erosion control devices and temporary sediment control best management practices (BMPs). (d) Practices and procedures are already in place to minimize erosion and sediment transport to the maximum extent practical (MEP). (e) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4 .4.3 Environmental Effect: Project implementation will result in the introduction of impervious surfaces onto the project site and, as a result of the impedance of opportunities for absorption and infiltration of those waters, has the potential to Increase the quantity, velocity, and duration of storm waters discharged from the tract map area (Operational Impact 4-3). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DEIR, incorporated herein by reference. (b) Engineering studies have been conducted and storm drain plans have been prepared for tho proposed project. The engineering analysis has demonstrated that the proposed storm drain system will effectively operate during a 50 -year capital storm event. (c) Mitigation measures have been included in the FEIR and adopted or likely to be adopted in the MRMP to ensure that drainage improvements are consistent with applicable design and development standards and that post -project drainage flows do not result in any adverse public safety or other impacts. Implementation of those measures will reduce the Identified impact to below a level of significance. 4.4.4 Environmental Effect: Unless effectively sized and maintained, all structural and treatment control BMPs, including those to be maintained by the County and by the homeowners' association, will not result in their planned performance and efficacy (Operational Impact 4-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) In the [HEIR, incorporated herein by reference. 12 Nov 14 2006 6:04PM EIS 949-837-3935 (b) Prior to discharge from the developed site, 85th percentile treatment flows will be treated via three continuous deflective separators (CDS) or approved equivalent flow -based treatment units at the three post -development discharge locations. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval stipulating the preparation of a stormwater management plan and ensuring that volume -based treatment control BMPs and flow -based BMPs are designed and maintained in accordance with the County's "Manual for Standard Urban Stormwater Mitigation Plan" (County, September 2002). 4.4.5 Environmental Effect The project's implementation and that of other development projects could adversely impact receiving surface or groundwater quality, create hydrologic. impacts that could result in significant adverse impacts to natural drainage systems, and adversely affect opportunities for groundwater recharge (Cumulative Impact 4-5). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: 4.5 P. 13 (a) Project -related and cumulative hydrology and water quality impacts are addressed in Section 4.4 (Hydrology and Water Quality) in the DEIR, incorporated herein by reference. (b) Adequate design and development control measures, including design specifications, have been formulated by and are implemented by the City and by the County to ensure that all public and private drainage facilities and structures are constructed and maintained in recognition of applicable project -related and cumulative hydrologic conditions and drainage flows. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Biological Resources 4.5.1 Environmental Effect: Construction activities will result in direct impacts to about 38.8 acres, including about 25.2 acres located within the tract map area and 13.5 acres located beyond the tract map boundaries, resulting in the removal of existing vegetation within those areas. Fuel modification requirements imposed by the Los Angeles County Fire Department could directly impact additional vegetation (Construction -Impact 5=1). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) (b) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. Project implementation will result in direct disturbance to the following plant communities: (1) 6.6 acres of California sagebrush scrub; (2) 3.8 acres of mixed chaparral; (3) <0.1 acres of southern willow scrub; (4) 1.2 acres of mule fat scrub,- (5) crub;(5) 6.9 acres of mule fat scrubfruderal; (6) 0.5 acre of coast live oak woodland; (7) 02 acre of developed; (8) 6.6 acres of disturbed; (9) 0.1 acres of ornamental; 13 Nov 14 2.006 6_04PM EIS 949-837-3935 p.14 (10) 2.6 acres of ruderal; (11) 9.13 acres of ruderal/disturbed; and (12) 0.4 acre of ruderal/mixed chaparral. (c) Rare natural communities are those communities that are of highly limited distribution, The most current version of the California Department of Fish and Game's The Vegetation Classification and Mapping Program - List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database' (CDFG, 2003) serves as a guide to each community's status. (d) With the exception of southern willow scrub, none of the habitat types identified on the project site are categorized as high priority for inventory in the California Natural Diversity Database (CNDDB). This on-site plant community is patchy in distribution and is not connected to larger continuous southern willow scrub habitat areas extending beyond the project boundaries. The likelihood of this community supporting sensitive species is considered minimal. (e) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.2 Environmental Effect: As proposed, the project will permanently impact approximately 1,042 linear feet of streambed, including 0.13 acres of United States Army Corps of Engineers (ALOE), Regional. Water Quality Control Board (RWQCB) jurisdictional waters and 0.33 acres of California Department of Fish and Game (CDFG) jurisdictional waters (Construction Impact 5-2). Findin : The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) Project implementation will result in direct impacts to approximately 1,042 linear feet of streambed, including approximately 0.13 acre of United States Army Corps of Engineers (ACOE) and Regional Water Quality Control Board (/RWQCB) jurisdictional waters of the United States and waters of the State (including about 0.03 acres of wetlands) and approximately 0.33 acre of CDFG jurisdictional streambed. No direct impacts to jurisdictional ' waters are anticipated beyond the tract map boundaries. (c) The project will require a nationwide Section 404 permit from the ACOE, a Section 401 water quality certification from the RWQCB, and a Section 1602 streambed alteration agreement from the CDFG, stipulating the provision of compensatory resources for identified impacts. (d)' Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure compliance with the provisions of Sections 401-404 of Federal Clean Water Act and Sections 1600-1616 of the California Fish and Game Code. 4.5.3 Environmental Effect: Proposed grading and grubbing activities will result in the removal of or direct impacts upon 46 protected ordinance -size trees (45 coast live oak trees and one willow tree) of the 70 protected ordinance -size trees (65 coast live oak trees and five willow trees) identified on the project site (Construction Impact 5-3). 14 Nov 14 2006 6:05PM EIS 949-837-3935 P.15 Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding; (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEER, incorporated herein by reference. (b) Grading and grubbing operations proposed both within the tract map area and in the vicinity of the off-site portion of the proposed neighborhood park and stockpile site will result in direct impacts on 45 protected ordinance -sized coast live oaks and one protected ordinance -size willow trees. Based on final grading plans, the actual number of directly impacted trees could be greater. (c) The project is subject -to compliance with the provision of Chapter 22.38 (Tree Preservation and Protection) of the Municipal Code_ (d) Although none of the threshold criteria would ba exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval specifying the number of replacement trees to be provided and describing the Applicant's obligations under the Federal Migratory Bird Treaty Act (META). 4.5.4 Environmental Effect: While not observed on the project site, construction" could potentially impact one' State -listed raptor (American peregrine falcon) and a number of unlisted sensitive reptile species (coast horned lizard, coast patch -nosed snake), sensitive birds (loggerhead shrike, southern California rufous crowned sparrow, Bell's sage sparrow), sensitive mammals (western mastiff bat, pallid bat, pocketed free -tailed bat, San Diego black -tailed jackrabbit, San Diego desert woodrat, and northwestern San Diego pocket mouse), and sensitive raptors (white-tailed kite, northern harrier, golden eagle, sharp -shinned hawk, Cooper's hawk, ferruginous hawk, merlin, and prairie falcon) (Construction impact 5-4). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) With the exception of the American peregrine falcon, none of these species are protected by federal or State listings and the loss of individual species and their habitat would not threaten regional populations. (c) The American peregrine falcon, a State -listed endangered and fully protected species, is mainly a rare spring and fall transient in the region and may utilize the study area and general project vicinity for foraging. Locally, the species is not a breeding resident but only an uncommon migrant. Although this species is protected during nesting, this species is not expected to utilize the study area for nesting activities. Removal of their habitat represents an adverse but less -than (c) significant impact to regional populations. " Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.5 Environmental Effect: Grading activities will result in the immediate mortality of small and slow moving animals and result in a disruption of wildlife habitat and the loss and 15 Nov 14 2006 6:05PM EIS 949-837-3935 p.16 displacement of wildlife, thus resulting in a less diverse and less abundant local faunal population (Construction Impact 5-5). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) The potential mortality of small animals would reduce prey base for larger predators, increase pressure on surviving populations in the adjacent open space areas to absorb individuals that seek to escape mortality, result in a general decline in genetic diversity, and reduce number of individuals available to recolonize affected areas following site disturbance. These impacts would not reduce general wildlife populations below self-sustaining levels. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.6 Environmental Effect: Project implementation has the potential to impede existing wildlife movement patterns across the project site (Operational Impact 5-6). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) Based on the proximity and intensity of sprrounding development and the existence of other improvements, including major roadways, that act as impediments to wildlife mobility, the project site is not generally considered a part of the Puente -Chino Hills wildlife corridor. The project site, therefore, does not serve any connectivity or linkage role with regards to regional wildlife movement. (c) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.5.7r Environmental Effect: If improperly designed and maintained, the proposed on-site flood control facilities and structural and treatment control Best Management Practices (BMPs) could potentially provide a habitat for the propagation of mosquitoes and other vectors (Operational Impact 5-7). Findin : The City Council hereby makes Findings (1) and (2). Facts In Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5.(Biological Resources) in the DEIR, incorporated herein by reference. (b) Urban stormwatar runoff regulations mandate the Installation and maintenance of structural BMPs for both volume reduction and pollution management Effective design and ongoing maintenance can reduce the propagation of vectors. 16 Nov 14 2006 6:05PM EIS 949-837-3935 (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that structural BMPs, through both design and maintenance, do not contribute to the production of vectors. p.17 4.5.8 Environmental Effect: Project implementation, including the occupancy of the proposed residential dwellings and the use of the neighborhood park site, will result in the introduction of additional indirect or secondary effects upon the remaining biological resources (Operational Impact 5-8). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative biological resources impacts are addressed in Section 4.5 (Biological Resources) in the DEIR, incorporated herein by reference. (b) The introduction of new fight sources could result in an indirect effect on the behavioral patterns of nocturnal and crepuscular wildlife and increase the mortality rate of wild bird. High-intensity sports fighting is not presently proposed as part of the project's design. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that lighting levels do not adversely impact off-site areas. 4.6 Traffic and Circulation 4.6.1 Environmental Effect: Construction vehicles will transport equipment, building materials, and construction debris along local and collector streets within and adjacent to established residential areas and an existing elementary school (Construction Impact 6 Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) During construction, the primary travel routes to and from the project site will be from Sheppard Hills, via Chapel Hills Drive, Walnut Leaf Drive, and Colima Road/Golden Springs Drive, and from Larkstone Drive, via Black Hawk Drive, Lemon Avenue, and Colima Road/Golden Springs Drive. Construction traffic will increase traffic volumes along affected roadways and could result in the spillage of debris and increase safety risks along those roadways. (c) The City shall incorporation measures to address public safety considerations and to reduce construction -related traffic hazards in the project's grading permit. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the Applicant to both repair any roadway damage attributable to project construction and to prepare a construction management plan. 17 Nov 14 21.006 6:06PM EIS 949-837-3935 P.18 4.6.2 Environmental Effect: The project involves the dedication of Larkstone Drive as a public street and the construction of improvements to that roadway, including street widening and improvements to underground utilities. Street improvements could result in the imposition of short-term restrictions to traffic along that roadway, now used primarily as a primary accessway to South Pointe Middle School. Similarly, unless otherwise conducted by the County. the repair of and improvement to Morning Sun Drive will be undertaken as part of the project (Construction Impact 6-2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The Southern California Chapter of the American Public Works Association's (APWA) 'Work Area Traffic Control Handbook" (APWA, 1996), the California Department . of Transportation's (Caltrans) "Manual of Traffic Controls for Construction and Maintenance Work Zones" (Caltrans, 1996) and the "Part VI Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations," a component of the Federal Highway Administration's (FHWA) 'Manual on Uniform Traffic Control Devices" (FHWA, 2003) provide guidance for the setup and operation of all work areas on public streets and include provisions that could reasonably be expected to be imposed by the City to ensure appropriate and continuing vehicular access. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the Applicant's preparation of a construction traffic mitigation plan and separate detailed traffic control plan. 4.63 Environmental Effect: The project is forecast to generate approximately 1,041 daily two- way vehicle trips. per day, including 81 trips during the AM peak hour and 108 trips during the PM peak.hour. That traffic could increase congestion on local and regional roadways (Operational Impact 6-3). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The project's traffic impact analysis was conducted in accordance with the City's "Guidelines for the Preparation of Traffic Impact Analysis Report" and. for each of the 18 study area intersections, included an assessment of the following seven scenarios were examined: (1) Year 2005 Existing Conditions; (2) Year 2010 Cumulative Conditions; (3) Year 2010 Cumulative Conditions plus Project; (4) Year 2010 Cumulative Conditions plus Project with Improvements; (5) Year 2020 Cumulative Conditions; (6) Year 2020 Cumulative Conditions plus Project; (7) Year 2020 Cumulative Conditions plus Project with Improvements. 18 Nov 14 2006 6:06PM EIS 949-837-3935 P.19 (c) For Year 2010 Cumulative Conditions, 11 of those intersections are projected to operate at an unacceptable level (LOS 'E' or "F") during the AM and/or PM peak hour with the addition of ambient traffic growth and related project traffic. The remaining seven intersections are expected to operate at adequate service levels (LOS 'D" or better) during the weekday AM and PM peak hours. The proposed project will significantly impact one study area intersections (Walnut Lead Drive/Colima Road). (d) For Year 2020 Cumulative Conditions, ten of those intersections are projected to operate poorly and the remaining eight intersections are forecast to operate at LOS °D" or better during the AM and PM peak hours. One study area intersection (Walnut Leaf. DrivelCol i rna Road) will be significantly impacted. (e) Certain planned improvements are presently required of approved development projects within the study area. Implementation of those identified improvements would mitigate areawide traffic impacts at identified intersections to the extent feasible. In accordance with the City's guidelines, the proposed project is required to either institute, where feasible, or to pay a fair-share contribution toward the construction cost of planned and recommended street improvements. (f) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval specifying the Applicant's obligation for the payment of a fair-share contribution toward the identified improvements. 4.6.4 Environmental Effect The installation of access gates at the project's entryways could create conflicts on the adjoining roadways if vehicles -gaining entry into the tract map area were to impede traffic flow along those roadways, such as might occur if the stacking distance allocated for entering vehicles was of insufficient length to accommodate the number of vehicles -seeking entry during peak periods (Operational Impact 6-4). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project-related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The primary project entry is expected to have a maximum queue of two non- resident vehicles during the peak hours, requiring a minimum storage reservoir length of 50 feet. With a proposed storage capacity of.about 92 Feet from the call box to the back of sidewalk, adequate vehicular stacking capacity is provided. (c) Guidelines for entry gates are set forth in Article 9 of the California Fire Code, as locally amended. (d) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that the design and operation of the project's access gates do not unreasonably hinder emergency ingress into the tract map area. 4.6.5 Environmental Effect: Internal street design, including the provision of on-street parking and the installation and maintenance of abutting landscaping, could create safety hazards unless designed in accordance with appropriate traffic engineering standards (Operational Impact 6-5). 19 Nov 14 2006 6:06PM EIS 949-837-3935 p.20 Finding: The City Coun0i hereby makes Finding (1). Facts in Supaort of Findings: The following facts are presented in support of this finding: (a) Project-related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation} in the DEIR, incorporated herein by reference. (b) A sight distance evaluation was prepared for the intersections of Private Drive "A" and both Laricstone Drive and Private Drive "G" based on the Caltrans' "Highway Design Manual." In accordance therewith, adequate intersection sight distance can be provided at the two study intersections. (c) As specified by the Las Angeles County Fire Department (CAGED); a minimum 36-foot pavement width is required in order to allow parking on both sides of the access way serving the residential units. As indicated on the vesting tentative tract map, all new locaVprivate streets will have a pavement width of 36 feet. (d) Although none of. the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or (ikely to be adapted as a condition of project approval to ensure that future landscape improvements do not create impediments to driver visibility. 4.6.6 Environmental Effect: The proximity between South Pointe i—iiddle School and the proposed neighborhood park and the potential joint use of that facility by the school district may encourage additional pedestrian traffic between those two facilities and, in combination with the .dedication of Larkstone Drive as a public street, introduce additional pedestrian safety hazards (operational Impact 6-6). Finding: The Gity Council hereby makes Finding (1). Facts in Suoporl of Findings: The following facts are presented in support of this finding: (a) Project-related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) With regards to traffic control devices, the California Vehicle Code (CVC) requires the Gity to follow the nationa{ guidelines outlined in Caltrans' "Traffic Engineering Manual.° (c) Ghi{dren may walk, play, or otherwise occur in proximity to the project site. Young children may be inattentive when it camel to the presence of traffic and/or when crossing the street. (d} Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adapted as a condition of project approval to ensure that pedestrian and children's safety is fully considered.. 4.6.7 Environmental Effect: The implementation of the proposed project, in combination with other related projects, will collectively contribute to existing traffic congestion in the general project area and exacerbate the need for localized areawide traffic improvements (cumulative Impact 6-7). Findin :The City Council hereby makes Finding (1}. Facts in Support of Findings: The following facts are presented in support of this finding: 20 Nov 14 2006 6+07PM EIS 949-837-3935 p.21 (a) Project -related and cumulative traffic and circulation impacts are addressed in Section 4.6 (Traffic and Circulation) in the DEIR, incorporated herein by reference. (b) The following nine intersections'are projected to operate at LOS "E" or "F" under Year 2020 cumulative conditions: (1) Fairway DrivelBrea Canyon Cut -Off Road/Colima Road (AM and PM); (2) Lemon Avenue/Valley Drive (AM and PMr); (3) Lemon Avenue/Golden Springs Drive (PM); (4) Brea Canyon Road/Washington Street (AM); (5) Brea Canyon Road/SR-60 WB Ramps (AM and PM); (6) SR -60 EB Ramps/Golden Springs Road (AM and PM); (7) Brea Canyon Road/Golden Springs Drive (AM peak hour and PM peak hour); (8) Brea Canyon Road/Pathfinder Road (PM); and (9) Brea Canyon Cut -Off Road/Pathfinder Road (AM and PM). Although the project will not significantly impact any of the study area intersections, on a cumulative basis, the project will contribute to the adverse service level at those intersections. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.7 Air Quality 4.7.1 Environmental Effect: Construction activities will involve the use of diesel -powered off- road equipment and on -road vehicles that, in limited areas and for limited duration, will operate in proximity to existing sensitive areas. Since diesel particulate emissions have been categorized by the California Air Resources Board as a toxic air contaminant, exposure could result in possible health risks to near -site receptors (Construction Impact 7-2). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. (b) Diesel exposure health risk impacts from grading equipment diesel exhaust particulates will be minimal. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would " be less than significant and no project conditions or mitigation measures are recommended or required. 4.7.2 Environmental Effect: During the project's operational life, a number of criteria pollutants will be generated as a result of vehicle trips associated with the proposed land uses (mobile sources), the consumption of natural gas associated with space heating, and the off-site generation of electricity (stationary sources) (Operational Impact 7-3). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality) in the DEIR, incorporated herein by reference. 21 Nov 14 x:006 6:07PM EI5 949-837-3935 p. 22 (b) Projected operational emission fall below the SCAQAhD's recommended threshold values. (c) Since none of the threshold of significanoe criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.7.:3 Environmental Effect: Increased traffic along project area roadways has the potential to result in the creation of carbon monoxide (CO} "hot spots" (Operational impact 7-4). Findin :The City Council hereby makes .Finding (1}. Facts in Support of Findings: The foAawing facts are presented in support of this finding: (a) Project -related and cumulative air quality impacts are addressed in Section 4.7 (Air Quality} in the DEIR, incorporated herein by reference. (b) tJo existing or future carbon monoxide (CO) "hot spots" are foracast to occur at any intersections near the project area from combined background (no project} plus project traffic. (c) Since none of the threshold of significance criteria would be exceeded; the identified impact would be less than significant and no project conditions or mitigation measures are -recommended or required. . 4.i3 Noise 4.8..1 Environmental Effect: Project -related construction activities, including the use of heavy equipment, will occur in close proximity to existing residential units and will result in short-term noise increases perceptible to off—ite sensitive receptors (Construction impact 8-1). Findinq: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section 4.8 (Noise) in the DEIR, incorporated herein by reference. (b} Construction noise is regulated in the City under the provisions of the Municipal Cade. The Municipal Code limits the hours of heavy equipment operations. . Notwithstanding those provisions, construction noise may continue to be a short- term nuisance to proximal noise -sensitive receptors. (c} Although Wane of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that construction noise impacts are reduced to the maximum extent feasible. 4.8.2 Environmental Effect: Project implementation will result in the generation of an additional 1,041 vehicular trips per day, including 81 trips during the AIVI peak hour and 108 trips during the P111E peak hour. Project -related traffic will be added to loco! roadways and could expose off-site sensitive receptors located along affected travel ways to perceptible increases in traffic noise (Operational Impact 8-2). Finding: The City Council hereby makes Finding (1 ). 22 Nov 14 2006 6:07PM EIS 949-837-3935 Facts in Support of Findings: The fallowing facts are presented in support of this finding: (a} (b} {c) p. 23 Project -related and cumulative noise impacts are addressed in Section 4.8 (Noise} in the DEIR, incorporated herein by reference. The proposed project will cause traffic noise to perceptibly increase by more than the 3-d6 threshold along the fallowing four roadway segments: Black Hawk Drive south of Lemon Avenue, Laricstone Drive east of Black Hawk Drive, Shepherd Hills Road west of Morning Sun Avenue, and Chapel Hills Drive east of Walnut Leaf Drive. Post -project noise levels will, however, remain below City standards_ Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant ar>id no project conditions or mitigation measures are recommended or required. 4.8.3 Environmental Effect: Short-term construction and Tong -term operational noise associated with the proposed project, in combination with other related projects, will contribute to bath a' localized and an areawide increase in ambient noise levels in proximity to those projects and along those roadways utilized by project -related and related project traffic (Cumulative impact 8-3). Fihdina: The City Council hereby makes Finding (1}. Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative noise impacts are addressed in Section ".8 (Noise) in the DEIR, incorporated herein by reference. {b) Development projects located in the general project area will generate short-term noise impacts during their respective construction stages. !n addition, as traffic volumes in the general project area increase, those areas located in proximity to the area's arterial highway system wilt experience increased traffic noise. {c} Since none of the threshold of significance criteria would tae exceeded, the identified impact would be less than significant and no project conditions ar mitigation measures are recommended or required. 4.9 Pubtic Services and FaG61ities 4.9.1 Environmental Effect: During construction, equipment, building and landscape materials, and a variety of household items will be brought to the project site. Visibility of the tract map area from off-site vantage points is limited and during certain periods, no or limited numbers of personnel will be on the project site (Construction Impact 9-1 ). Finding: The City Council hereby makes Finding (1)' Facts in Support of FindinQS: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities iimpacts are addressed in Section 4.9 (Public Services and Facilities} in the DEIR, incorporated herein by reference. (b) Project construction could result in. a minor increase aver existing demands for police service but would not necessitate the hiring of additional personnel or predicate the need for the construction of nevr or physical alteration to existing 23 Nov 14 2008 6_08PM EIS 949-837-3935 p.24 Los Angeles County Sheriffs Department (LACSD) and/or California Highway Patrol (CHP) facilities. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to minimize both the likelihood of a criminal incident during project construction and any short-term demands on LACSD resources, and to provide the LACSD the opportunity to review the project's individual design elements in order to reduce potential demands upon police services. 4.9.2 Environmental Effect: Project implementation will result in the introduction of equipment, materials, and manpower into a County -designated fire hazard area prior to the provision of water system improvements designated to respond to in -tract fire hazards (Construction Impact 9-2). Finding: The City Council hereby makes Finding (1). Facts in Suoport of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services . and Facilities) in the DEIR, incorporated herein by reference. (b) The proposed project must fully comply with all applicable provisions of the "Uniform Building Code" (UBC) and "Uniform Fire Code" (UFC), as modified, and other applicable provisions of the 'Los Angeles County Code" (County Code) established to address fire protection and public safety. (c) In accordance with the Los Angeles County Fire Department's (LACFD) "Fuel Modification Plan Guidelines for Projects Located in Fire Zone,4 or Very High Fire Hazard Severity Zone" (LACFD, 1998), the Applicant is required to submit fuel modification, landscape, and irrigation plans and brush clearance activities. (d) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the preparation of fire protection program and workplace standards for fire safety and the approval of development and infrastructure improvement plans by the LACFD. 4.9.3 Environmental Effect: Construction will occur in close proximity to South Point Middle School and could be disruptive to school activities and operations (Construction Impact 9-3). Finding: The City Council hereby makes Finding (1). Facts In Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DEIR, incorporated herein by reference. (b) Project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval requiring the preparation of a school safety plan and separate construction traffic mitigation plan. (c) Mitigation measures have been included in the FEIR and adopted or likely to be adopted in the MRMP requiring the fencing and signage of the construction site 24 Nov 14 2006 6:08PM EIS 949-837-3935 and requiring the preparation of a school safety plan designed to minimize disruption to school activities and enhance the safety of children near active construction sites. Implementation of those measures will reduce identified impacts to below a level of significance. p.25 4.9.4 Environmental Effect: With a resident population of approximately 326 persons and an existing staffing ratio of one sworn officer for each 1,082 residents, In order to maintain existing staffing levels, the LACSD would need an additional 0.30 sworn deputies. Based on the LACFD's recommended officer to population ratio of one deputy per 1,000 residents, an additional 0.33 officers would be required based on the projected number of in -tract residents (Operational Impact 9-4). Findin : The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities Impacts are addressed in Section 4.9 (Public Services and Facilities) in the DEIR, incorporated herein by reference. (b) The LACSD has not established a functional mechanism for the collection of LACSD impact fees and there exists no formal basis to quantify project -related impacts upon police protection services. Since funding for LACSD personnel, equipment, and facilities is derived through ad valorum taxation and based on yearly allocations by the County Board of Supervisor, the County has the ability to effectively respond to LACSD resource demands. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval requiring LACSD review the project's individual design elements in order to reduce the potential demand upon police services. 4.9.5 Environmental Effect: The introduction of 99 new residential dwellings and a new neighborhood park will increase existing demands on LACFD facilities, equipment, and personnel; thus predicating an incremental need for facility expansion, the purchase of new or replacement equipment, and the addition of LACFD personnel (Operational Impact 9-5). Findin : The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DEIR, incorporated herein by reference. (b) Existing water mains are capable of delivering a minimum fire flow of 1,250 gallons/minute (gpm) at 20 pounds/square inch (psi) for a two-hour duration.. (c) Although none of the threshold criteria would be exceeded, project conditions are included in the FEIR and adopted or likely to be adopted as conditions of project approval to ensure LACFD's review of the proposed water supply system, access improvement, emergency ingress, and compliance with applicable LACFD standards. 25 Nov 14 2006 6:06PM EIS 949-837-3935 4.9.6 Environmental Effect: Project implementation will increase -enrollment within the Walnut Valley Unified School District by an estimated 71 new students, including approximately 25 new elementary school students (Grades K-15), 19 new junior high school students (Grades 7-9), and 27 new high school students (Grades 9-12) (Operational Impact 9-6). Finding: The City Council hereby makes Finding (1). P-26 Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative public services and facilities impacts are addressed in Section 4.9 (Public Services and Facilities) in the DEIR, incorporated herein by reference. (b) Payment of applicable fees to the WVUSD or, alternatively, execution of an Assembly Bill (AB) 2926 mitigation agreement acceptable to the WVUSD constitutes full and complete mitigation of project -related impacts on the provision of school facilities from the proposed residential development. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition. of project approval requiring evidence of payment of applicable school impact fees prior to the issuance of building permits. 4.9.7 Environmental Effect: The approval of other reasonably foreseeable future development projects within the general project area will increase existing demands on the Los Angeles County Sheriffs Department, on the Los'Angeles County Fire Department, and on other law enforcement agencies and will increase the number of children served by the Walnut Valley Unified School District (Cumulative Impact 9-7). Findin : The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding:. (a) Project -related and cumulative public services and facilities impacts are addressed In Section 4.9 (Public Services and Facilities) in the DER, incorporated herein by reference. (b) Local agencies have the ability to deny or condition individual development applications based on their assessment of potential impacts upon crime and fire hazards, as well as upon law enforcement and fire department facilities and personnel. State, County, and local decisionmakers have the ability to respond to those changes through Increases or decreases in annual budgetary allocations to police and fire protection agencies. (c) All qualifying residential and non-residential development projects located within the WVUSD's district boundaries are required to pay school impact fees. The payment of applicable fees or the execution of an AB 2926 mitigation agreement constitutes full and complete mitigation of related project impacts on WVUSD facilities. (d) Since none of the threshold criteria would be exceeded, the- identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 26 Nov 14 2006 6:09PM EIS 949-837-3935 4.10 Utilities and Service Systems p. 27 4.10.1 Environmental Effect: The project's residential and recreational components are projected to generate about 26,208 gallons of wastewater per day (0.26 mgd). Applying a peaking factor of 2.7, the peaked flow rate would be about 70,762 gallons of wastewater per day (0.71 mgd) (Operational Impact 10--1). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative utilities and service systems impacts are addressed in Section 4.10 (Utilities and Service Systems) in the DEIFY, incorporated herein by reference (b) The existing sewer system has adequate capacity to accommodate projected project flows. Peak flows in the system, including flows from the project, have acceptable depth -to -diameter ratios. (c) Since none of the threshold of * significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.10.2 Environmental Effect: Implementation of the proposed project and other related projects would impose cumulative impacts on those existing sewage collection and disposal facilities that are located in the general project area (Cumulative Impact 10-2). Findin : The City Council hereby makes Findings (1) and (2). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative utilities and service systems impacts are addressed in Section 4.10 (Utilities and Service Systems) in the DEIR, incorporated herein by reference. (b) County Sanitation Districts of Los Angeles County (CSDLAC) facilities are sized and improvements phased to serve population and economic development in accordance with forecasts adopted in SGAG_ Projects that are consistent with SCAG growth forecasts can be adequately served by existing and planned CSDLAC facilities. (c) In order to fund planned improvements, each new project within the'County is required to pay connection fees to the CSDLAC. These fees are used to finance future expansions and upgrades to the regional trunk sewer system and wastewater treatment facilities. (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.11 Cultural Resources 4.11.1 Environmental Effect: Construction activities can result in the irretrievable loss or damage to any prehistoric, historic. or paleontological resources that may exist within the area of proposed disturbance (Construction Impact 11-1). 27 Nov 14 21006 6:09P11 EIS 949-837-3935 p. 28 Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative cultural resources impacts are addressed in Section 4.11 (Cultural Resources) in the DEIR, incorporated herein by reference. (b) No historic or prehistoric resources have been identified on the project site or are likely to exist thereupon. Earth -moving activities associated with the project's development could, however, result in the loss of paleontological resources from the Soquel Sandstone Member. (c) Mitigation measures have been included in the FEIR and adopted or likely to be adopted in the MRMP requiring a mitigation program, prepared by a qualified paleontologist, and monitored by a paleontologic construction monitor. Implementation of those measures will reduce identified impacts to below a level of significance. 4.11.2 Environmental Effect: Grading activities conducted on other sites located within the general project area could result in impacts to any historic or prehistoric resources that may be — located thereupon. In addition, any earth -moving activities conducted on undisturbed sites containing the Soquel and La Vida Members of the Puente Formation could result in the loss of recoverable paleontological resources (Cumulative Impact 11- 2). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) (b) (c) Project -related and cumulative cultural resources impacts are addressed in Section 4.11 (Cultural Resources) in the DEIR, incorporated herein by reference. All cumulative project activities remain subject to site-specific environmental review and must fully conform to and comply with all applicable local, State, and federal requirements. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.12 Aesthetics 4.12.1 Environmental Effect: Excluding those areas that will be retained as natural open space, the project site will take on a distinctively urban physiographic character as native vegbtation is removed, hillside areas recontoured, and other construction activities occur (Construction Impact 12-1). Finding: The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) Based on the City's interpretation and general application of the visual resource assessment methodology outlined in the Bureau of Land Management's (BLM) 28 Nov 14 2006 6:09PM EIS 949-837-3935 p.29 "Visual Resource Management Program" (BLM, 1986), construction -induced changes would be considered adverse but less than significant. (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.12.2 Environmental Effect The project alters existing site topography and necessitates the construction of numerous retaining walls, extending -up to about 20 feet in height (Construction Impact 12-2). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative aesthetics impacts are addressed in Section 412 (Aesthetics) in the DEIR, incorporated herein by reference. (b) The proposed retaining walls exceed the height limitations specified in the City's Municipal Code but would be authorized under the provisions of the SPWSP. All walls over eight feet in height are identified as plantable cnbwalls and will incorporate landscaping as an integral design element. (c) Although none of the threshold criteria would be exceeded, a project condition is included in the FEIR and adopted or likely to be adopted as a condition of project approval to ensure that the project's retaining walls and landscape plans are fully integrated. 4.12.3 Environmental Effect: The introduction of new residential and recreational uses will add new sources of artificial lighting to the project site and could result in light trespass extending beyond the project boundaries (Operational Impact 12-3). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) The Illuminating Engineering Society of North America (IESNA) has established recommended outdoor lighting illumination levels. Lighting that conform to those standards would be assumed to produce a less -than -significant impact. (c) A mitigation measure has been included in the FEIR and adopted or likely to be adopted in the MRMP to ensure compliance with IESNA outdoor lighting standards. Implementation of that measure will reduce identified impacts to below a level of significance. 4.12.4 Environmental Effect: Much of the San Gabriel Valley is already highly urbanized and the area's remaining open space areas take on greater visual significance as a respite to the dominance of urban development (Cumulative Impact 12-1). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: 29 Nov 14 12006 8:09PM EIS 949-837-3935 p.30 (a) Project -related and cumulative aesthetics impacts are addressed in Section 4.12 (Aesthetics) in the DEIR, incorporated herein by reference. (b) No development is authorized to occur in the absence of compliance with adopted agency plans and policies. Compliance with and conformity to adopted plans and policies helps to mitigate the potential impacts produced by the visual changes to existing landscapes associated with development activities (c) Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 4.113 Growth Inducement 4.13.1 Environmental Effect: Because the project includes street dedication, infrastructure improvements, and the physical alteration of areas located outside the tract map boundaries, the project could alter the nature or timing of other unrelated development activities (Growth -Inducing Impact -13-1). Findin : The City Council hereby makes Finding (1). Facts in Support of Findings: The following facts are presented in support of this finding: (a) Project -related and cumulative growth -inducing impacts are addressed in Section 4.13 (Growth Inducement) in the DEIR, incorporated herein by reference. (b) The size and duration of the proposed project is not sufficient to predicate any substantial in -migration of new workers into the general project area. The project's incremental contribution to localized, regional, and national employment opportunities would not create substantial significant secondary impacts. (c) The proposed. infrastructure improvements, including the improvements to Larkstone Drive and Morning Sun Avenue, will not increase existing design capacities or facilitate development beyond the project site. (d) Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 5.0 FINDINGS REGARDING MITIGATION REPORTING AND MONITORING PROGRAM The City Council has adopted or will likely adopt the MRMP set forth in the FEIR. The City Council hereby finds that the MRMP meets the requirements of Section 21081.6 of CEQA and Sections 15097 and 15126.4 of the State CEQA Guidelines. 6.0 FINDINGS REGARDING PROJECT ALTERNATIVES The City Council recognizes that the SPWSP will result in significant unavoidable environmental impacts that cannot be feasibly reduced to below a level of significance. The City Council finds that: (1) due to specified economic, legal, social, technological, and other considerations each of the project alternatives are infeasible; (2) will not fulfill, in whole or in part, the identified project objectives; and/or (3) will not feasibly result in the avoidance or any of the significant or potentially significant environmental impacts as associated with the proposed project. 30 Nov 14 2006 6:1OPM EIS 949-837-3935 . 6.1 "No Project" Alternative p. 31 Comparison of the Effects of the Alternative to the Effects of the Proposed Project. The City Council finds that the "No Project" alternative" is "environmentally superior" to the proposed project since it would, at least in the short term, result in the elimination of at least one of the significant impact associated with the proposed project. Facts in Support of Findings. The following facts are presented in support of this finding: (a) The Citys analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DEIR, incorporated herein by reference. (b) Under this alternative, no new housing units would be constructed on the site. (c) The "no project" alternative generally reflects the conditions and associated environmental impacts that would predictably occur should the Lead -Agency elect to either deny the proposed project or fail to take action on the proposed development application, resulting in, at least, the short-term retention of the site in its existing condition. The denial of the current development application or the cessation of current process would not, however, preclude the submission of a subsequent development application to the City. (d) While cumulative biological resource impact may be incrementally reduced through the retention of the project site as an open space area and the preservation of existing on-site vegetation, the subregion will continue to experience a general decline in overall biological diversity. Cumulative impacts on biological resources would, therefore, remain significant. (e) Under this alternative, no construction activities would occur on the project site. As a result, there would be no significant project -related increase in construction emission. Cumulative air quality impacts would, however, continue to remain significant since related development would still be predicted to occur. Effectiveness in Meeting Project Objectives. The "No Project" alternative" would not substantially meet the identified objectives of either the City or the Applicant. Feasibility. In the absence of public and/or private purchase of the project site for the purpose of open space preservation, there exists no mechanism to ensure the long-term . preservation of the project site in an undeveloped condition. As a result, absent that participation, the "No Project" alternative is infeasible. 6.2 "Existing Authorized Development and No Park" Alternative Comparison of the Effects of the Alternative to the Effects of the Proposed Project. Facts in Support of Findings. The following facts are presented in support of this finding: (a) (b) (c) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DEIR. incorporated herein by reference. Under this alternative, no more than five new housing units would be constructed on the project site. Since no subdivision activities would occur under this alternative, no real property park dedication would be provided, no in -lieu park fees would be collected, and no park improvements would result as a direct consequence of this alternative. 31 Nov 14 2006 6:1OPM EIS 949-837-3935 p. 32 (d) While cumulative biological resource impact may be incrementally reduced through the retention of the project site as an open space area and the preservation of existing on-site vegetation, the - subregion will continue to experience a general decline in overall biological diversity. Cumulative impacts on biological resources would, therefore, remain significant. (e) Under this alternative, since construction activities would be substantially reduced, construction -term emissions would not be anticipated to exceed threshold limits. Because related projects and ambient growth would, however, continue to occur, cumulative air quality impacts Would remain significant. Effectiveness in Meeting Project Objectives. This alternative does not substantially contribute to the supply of new housing opportunities within the City and does not serve to substantially fulfill the stated project objectives. Feasibility. Excluding economic considerations, which are not addressed herein, the "Existing -Authorized Development and No Park" alternative is feasible. 6.3 "Traditional Single -Family Subdivision with Park" Alternative Comparison of the Effects of the Alternative to the Effects of the Proposed Proiect_ Facts in Support of Findings. The following facts are presented in support of this finding: (a) (b) (c) (d) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DEIR, incorporated herein by reference. Under this development scenario, approximately 64 single-family detached homes could be accommodated on the project site. Because related projects and ambient growth would continue to occur, biological resource impacts would remain cumulatively significant. Although the number of dwelling units would be less, total alternative -related construction emissions would likely be generally the same based on similarities in the number of acres that would be disturbed each day and the similar list of construction equipment. Construction emissions would, therefore, likely remain significant. Additionally, because related projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. Effectiveness in Meeting Proiect Objectives. Although the number of dwelling units would be reduced, this alternative substantially fulfills the project's stated objectives. Feasibili . Excluding economic considerations, which are not addressed herein, the "Traditional Single -Family Subdivision with Park" alternative is feasible, 6.4 "Proposed Project and No Stockpile Site" Alternative Comparison of the Effects of the Alternative to the Effects of the Proposed Proiect. Facts in Support of Findings. The following facts are presented in support of this finding: (a) The City's analysis of project alternatives is presented in Section 6.0 (Alternatives Analysis) in the DEIR, incorporated herein by reference. 32 Nov 14 2006 6:1OPM EIS 949-837-3935 p.33 (b) Under this alternative, a 99 -unit detached condominium project could be accommodated on the project site. (c) Because related projects and ambient growth would continue to occur, biological impacts would remain cumulatively significant.. (d) Since the amount of daily construction operations would remain generally the same, construction emissions would remain significant. Because related projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. Effectiveness in Meeting Project Objectives. This alternative fulfills the stated objectives. Feasibility. The "Proposed Project and No Stockpile Site" alternative is feasible. 7.0 PROJECT BENEFITS The City Council finds the proposed project would result in a number of identifiable community benefits. Those benefits include, but may not be limited to: (1) The proposed project will result in the production of 99 new housing units within the City, thus helping the City respond to the identified housing demand outlined in the current "Regional Housing Needs Assessment" (RHNA). (2) The construction and sale of detached residential condominiums present future homebuyers with additional purchase options and price variations allowing homebuyers to better match housing choices with household needs and demands. (3) The creation of new housing opportunities will promote the attainment or regional jobs - to -housing ratio objectives established by regional governmental entities and produce corresponding environmental benefits. (4) Project approval might facilitate the sale of surplus real property by the INVUSD and provides revenues for that district to accommodate the needs of existing and future students. (5) Project construction will allow for the elimination, reduction, and/or remediation of landslide hazards affecting both the subject property and other abutting properties. (6) Project approval will allow for the productive use of an underutilized property designated for residential use in the City's General Plan. (7) The provision of an approximately 4.68 -acre "turn -key" neighborhood park will expand the inventory of parklands within the City, promote. the attainment of established park goals, and create additional recreational opportunities benefiting City residents. 8.0 STATEMENT OF OVERRIDING CONSIDERATIONS As described above, the proposed project would produce significant unavoidable adverse impact in the following three topical areas: (1) Air Quality (Construction Impact); (2) Air Quality (Cumulative Impact): and (4) Biological Resources (Cumulative Impact). Each of those identified significant environmental effects Will continue to manifest as significant impacts notwithstanding the City Council's adoption or likely adoption of those mitigation measures identified in the FEIR. In order to determine whether the project's potential environmental impacts are acceptably overridden by the project's anticipated benefits, Section 15093 of the State CEQA Guidelines requiring the City to balance the potential benefits of the proposed project against the project's potential unavoidable significant impacts. 33 Nov 14 2006 6:11PM EIS 949-837-3935 p. 34 The City Council finds that the previously stated benefits of the proposed project outweigh the significant unavoidable adverse environmental impacts of the proposed project. Each of the separate and distinct benefits of the proposed project is determined to be, in themselves and independently of any other identified benefit, a basis for overriding all unavoidable environmental impacts, as identified in these findings. The City Council has identified economic and social benefits and important public policy objectives that will result from implementation of the proposed project. The City Council has sought to balance these substantial economic and social benefits against the significant unavoidable adverse effects of the proposed project. Given the substantial social and economic benefits that will accrue to the City and to the region from the implementation of the proposed project, the City Council finds that the project's identified benefits override the project's identified significant environmental impacts.' 34 Exhibit C Mitigation Monitoring Program South Pointe West City of Diamond Bar, California Table ES -2 L311M1-I IYII I I".'F• I IVI\ I•I-I WIN AAA. .n.... ---- --- „•.. IS =T, s; _ _.-.:sa _°'T --r } ", i:: lr. _..., "i+e 9: seL/ r:—ma o- t7tn°.ssSr:l •v #3—%rsE. a"rt-:T'-r.—°i..-[rnmrrlYi - • :M! 1—.QLLI I+re yeti= ? , Jiu —m IIIt7—i— a {.7. e_{yr3Fe ' f.=.z ?# :tR—aFc?r I t—onrNfPs—fre r _. e �, �.,.�_ i w_ !J "a•a.4I , , ..� ,f _�, .;�. te:; :f i';Ybr Hop) :I::lifi" t ! - /' F':CGdL nt •+'-1 ':fii=",i3•r:.,I.s..ie:pa' —Ma- g Mi di st4 -a e. a:. le e.e —2*}IFT e N ti. .r. se -;I: '3 :? ..m— 1 1—fE.: 11.. k• •1 � .n•:;I ," s Land Use Prior to the recordation of the final subdivision map, the City shall request that the Southern California Association of Governments (SCAG) amend and, when deemed appropriate by and at the discretion of SCAG, City Tract Map 1-1 update the "Regional Transportation Plan - Destination 2030" (2004 RTP) and other regional planning forecasts Attorney Recordation to reflect a greater level of population and housing growth within the City during the 2005-2010 time period. Hydrology and Water Quality Prior to the issuance of grading permits, all revetment structures, debris basins, and other drainage facilities and improvements shall be subject to final design and engineering review and approval by the City Engineer and, for City Issuance of 4-1 those storm drain facilities under County jurisdiction, by the Los Angeles County Department of Public Works Engineer Grading Permits (LACDPW). Prior to the issuance of grading permits, the Applicant shall verify that that the existing detention basin is serviceable for its -specific purpose and calculated design capacity, If it is determined that the basin requires City Issuance of 4-2 remediation, subject to prior LACDPW authorizations, specifications, and timing requirements, those actions shall Engineer Grading Permits be undertaken with the site's development. Air Quality In order to reduce emissions attributable to both heavy equipment and vehicle travel, the following actions will be implemented by the Applicant to reduce these emissions: (1) use electric -powered or natural gas -powered equipment in lieu of gasoline -powered or diesel -powered engines where possible; where diesel equipment has to 7-1 be used because there are no practical alternatives, the Applicant shall use particulate filters and low sulfur diesel, as defined in SCAQMD Rule 431.2 (i.e., diesel with less than 15 ppm sulfur content); (2) require 90 -day low-NOx tune-ups for off-road equipment; and (3) limit allowable idling to 5 minutes for trucks and heavy equipment before shutting the equipment down and require the use of soot traps on all on-site heavy diesel powered equipment. Public Services and Facilities Prior to the issuance of a grading permit, the Applicant shall submit and the Director of the Community and Community and Issuance of 9-1 Development Services Department (Director) shall approve a temporary fencing and signage plan designed to Development Grading Permits discourage access to any active construction areas by children. Services Director Prior to the issuance of a grading permit, the Applicant shall submit and the Director and the Superintendent of the Walnut Valley Unified School District (WVUSD) shall approve a school safety plan to the City and to the Community and Issuance of 9-2 WVUSD. The safety plan shall identify appropriate measures to be undertaken by the Applicant during Development Grading Permits construction to minimize potential disruptions to school activities and school operations and to enhance the safety Services Director of children near active construction sites. I-rif Rannrt August 2006 Page ES -22 South Pointe West City of Diamond Bar, California Table ES -2 ITIGATION REPORTING AND MONITORING PROGRAM h' ... _ , .. _ - .iL..SF'-mI-rr._,'ti':•!a —'-T,- ,.; I .!; } 1 e _ r'"!" u ;q,.'�._ ;::r•,ivaG r F1 F°a ON, 6F.k}rtr..:5" ,— 3 •;u .:""iL'6 tea x VF r "", ' iq.3 _rd i " 4n N1t p" sfY '" 4F s19 wry' "Y(]" 1 } I 4x Fy'r_ : 3 { i 3 f dz fi ice" S --55 —! tN r F ^ I Yh _h .JI i IY" r—,R ( :."I"II 'r.11 II 1. I"'SCC _; nF- 4 rr P^+4ed..,..� N I"L4 "i !" 1.•:-r 30. x ,t(L" S 2 '1.4'3— ..•4 3 rF"' 4T•.• v !Jy !ca I I o R ca A p —yjxs N s F e e" St t— r-- a frt 3 c X" y t I rs —. t 11— # iLSSa y...: E. Tur: a.. ".Y- L y—: '-"- --vi b2i f 4 - rs c I Y,1+Q Lt CI -Y—.'. I it f[n'v r 'S.' F" L ;,i ""L+3 r! I' u n.9nG" i—Ii..a,l F-Fy L'—'+4 yilk"L'- i' I ? F L — ?4 F 'YS'S }c .:a. �.... Cultural Resources Prior to the issuance of a grading permit, the Applicant shall submit and the Director shall approve a mitigation program, prepared by a paleontologist approved by the City and the Vertebrate Paleontology Department of the Natural History Museum of the Los Angeles County, to be implemented during earth -moving activities. The Community and 11-1 paleontologist shall develop a formal agreement with a recognized museum repository regarding: (1) the final Development Issuance of disposition and permanent storage and maintenance of any fossil remains that might be recovered as a result of Services Director Grading Permits the mitigation program; (2) the archiving of associated specimen data and corresponding geologic and geographic site data; and (3) the level of treatment (preparation, identification, curation, cataloging) of the remains that would be required before the mitigation program fossil collection would be accepted by the repository for storage. Rough grading activities shall be monitored by a paleontologic construction monitor and shall include the inspection of fresh exposures that are created by grading, trenching, and other earth -moving activities in areas underlain by previously undisturbed rock. Monitoring shall allow for the recovery of large fossil remains, if uncovered, and for the recording of associated fossil specimens and site data. If appropriate, monitoring shall also include periodic dry test screening of debris to allow for the recovery of small fossil remains. Initially, monitoring shall be conducted on a half-time basis. If fossil remains are found, monitoring shall be Increased, as determined by the Director, in'the vicinity of the fossil site and within the stratigraphlc interval containing the site. Conversely, if no or only few fossil remains are recovered as a result of monitoring after approximately 50 percent of the earth moving activities have been completed in areas underlain by previously undisturbed rock, the Director Community and Ongoing 11-2 may authorize a reduction or cessation of monitoring activities. The monitor shall have the authority to divert any Development during earth -moving activity temporarily away from the fossil site until the fossil remains have been evaluated and, if Services Director Grading warranted, recovered. As soon as practical, the monitor shall recover all vertebrate fossils specimens and representative samples of invertebrate and plant fossils. All fossil specimens recovered from the property as a result of the monitoring program shall be treated (prepared, identified, curated, catalogued) in accordance with designated museum repository requirements. If warranted, small samples of rock shall be submitted to commercial laboratories for micro -fossil or other analysis. The monitor will maintain daily monitoring logs that note the locations where monitoring was conducted and the fossil specimens recovered and shall record associated specimen data and corresponding geologic and geographic site data. A final technical report! prepared in accordance with Society of Vertebrate Paleontology (SVP) guidelines, and City requirements, summarizing the results of the monitoring program shall be submitted to and approved by the Director. Aesthetics Prior to the installation of any high-intensity sports lights in the area of the proposed neighborhood park site, a detailed lighting plan shall be prepared for the illumination of active recreational areas, including a photometric analysis indicating horizontal illuminance, and submitted to the Community and Development Services Community and 12-1 Department. Plans shall indicate that high-intensity, pole -mounted luminaries installed for the purpose of Development Installation of illuminating field and hardcourt areas include shielding louvers or baffles or contain other design features or Services Director Sports Lighting specification, such as selecting luminaire with cut-off features, to. minimize light intrusion to not more than 0.5 horizontal foot candle, as measured at the park boundary. These standards shall not be applied to any adjoining public streets, school or recreational facilities, or other non -light-sensitive land uses. Draft Environmental Impact Report August 2006 Executive Summary Page ES -23