HomeMy WebLinkAboutPC 2006-60PLANNING COMMISSION
RESOLUTION NO. 2006-60
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF DIAMOND BAR, CALIFORNIA, ADOPTING MITIGATED
NEGATIVE DECLARATION MND 2006-02 AND A MITIGATION
MONITORING PROGRAM FOR THE ACQUISITION AND INTERIM
STORAGE YARD USE OF A .93 -ACRE PARCEL LOCATED AT
THE SOUTHEAST CORNER OF THE INTERSECTION OF
DIAMOND BAR BOULEVARD AND BREA CANYON ROAD.
A. RECITALS
WHEREAS, the City of Diamond Bar is proposing to purchase an
approximate .93 -acre site located at the southeast corner of the
intersection of Diamond Bar Boulevard and Brea Canyon Road, and
2. WHEREAS, the purpose of the proposed acquisition is for future public
roadway improvements; and
3. WHEREAS, the site may be temporarily used as a storage yard before
incorporation into the roadway improvement project, and
4. WHEREAS, the subject property is currently zoned C-1 (Neighborhood
Commercial) and is designated as C -General Commercial in the City
of Diamond Bar General Plan land use map, and
5. WHEREAS, pursuant to the California Environmental Quality Act
(Public Resources Code Section 21000 et seq.) and its Guidelines
(California Code of Regulations Section 15000 et seq.), a Mitigated
Negative Declaration was prepared for the purchase and interim
storage yard use of .93 -acre property located at the southeast corner
of the intersection of Diamond Bar Boulevard and Brea Canyon
Road, and
6. WHEREAS, Notice of Availability and Intent to Adopt a Mitigated
Negative Declaration was published in two local newspapers on May
3, 2006, and
7. WHEREAS, the Mitigated Negative Declaration public review period
began May 3, 2006, and ended May 23, 2006, during which time the
MND was available for public review and comment, and
8. WHEREAS, Pursuant to CEQA section 21081.6, a mitigation
monitoring program was prepared for the project, and
9. WHEREAS, the Planning Commission held a public hearing on the
project on June 14, 2006.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts
set forth in the Recitals, part A, of this Resolution are true and correct.
2. Based on substantial evidence presented to the Planning Commission
during the above referenced meetings on June 14, 2006, and June 27,
2006, including written and oral staff reports, the Planning Commission
hereby specifically finds as follows:
(a) The proposed project would result in potentially significant
impacts to the aesthetics, biological resources, cultural
resources, hazards and hazardous materials, and noise.
However, after implementation of the Mitigation Monitoring
Program, all potential impacts will be mitigated to a less than
significant level.
(b) Changes or alterations have been required in, or incorporated
into, the project which mitigate or avoid the significant effects on
the environment.
3. Based on the findings and conclusions set forth above, the Planning
Commission hereby adopts the Mitigated Negative Declaration
subject to compliance with the following:
(a) Mitigation Monitoring Program attached hereto and
incorporated herein as Exhibit "A".
2
Planning Commission Resolution No. 2006-60
APPROVED AND ADOPTED THIS 27th DAY OF JUNE 2006, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By: ` l�-
Steve Nelson, Vice -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 27th day of June 2006, by the following vote:
AYES: Commissioners: Torng, Lee, ;Fvserett, VC/Nelson
NOES: Commissioners: Norse
ABSENT: Commissioners: None
cls
ATTEST:
3
Planning Commission Resolution No. 2006-
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PLANNING COMMISSION RESOLUTION NO. 2006-60
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING MITIGATED
NEGATIVE DECLARATION MND 2006-02 AND A MITIGATION MONITORING PROGRAM FOR THE ACQUISITION AND INTERIM
STORAGE YARD USE OF A.93 -ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF DIAMOND BAR
BOULEVARD AND BREA CANYON ROAD.
A. RECITALS
1. WHEREAS, the City of Diamond Bar is proposing to purchase an approximate .93 -acre site located at the southeast corner
of the intersection of Diamond Bar Boulevard and Brea Canyon Road, and
2. WHEREAS, the purpose of the proposed acquisition is for future public roadway improvements; and
3. WHEREAS, the site may be temporarily used as a storage yard before incorporation into the roadway improvement
project, and
4. WHEREAS, the subject property is currently zoned C-1 (Neighborhood Commercial) and is designated as C -General
Commercial in the City of Diamond Bar General Plan land use map, and
5. WHEREAS, pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) and its
Guidelines (California Code of Regulations Section 15000 et seq.), a Mitigated Negative Declaration was prepared for the purchase
and interim storage yard use of .93 -acre property located at the southeast corner of the intersection of Diamond Bar Boulevard and
Brea Canyon Road, and
6. WHEREAS, Notice of Availability and Intent to Adopt a Mitigated Negative Declaration was published in two local
newspapers on May 3, 2006, and
7. WHEREAS, the Mitigated Negative Declaration public review period began May 3, 2006, and ended May 23, 2006, during
which time the MND was available for public review and comment, and
8. WHEREAS, Pursuant to CEQA section 21081.6, a mitigation monitoring program was prepared for the project, and
9. WHEREAS, the Planning Commission held a public hearing on the project on June 14, 2006.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, part A, of this Resolution
are true and correct.
2. Based on substantial evidence presented to the Planning Commission during the above referenced meetings on June 14, 2006,
and June 27, 2006, including written and oral staff reports, the Planning Commission hereby specifically finds as follows:
(a) The proposed project would result in potentially significant impacts to the aesthetics, biological resources, cultural resources,
hazards and hazardous materials, and noise. However, after implementation of the Mitigation Monitoring Program, all potential
impacts will be mitigated to a less than significant level.
(b) Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on
the environment.
3. Based on the findings and conclusions set forth above, the Planning Commission hereby adopts the Mitigated Negative
Declaration subject to compliance with the following:
(a) Mitigation Monitoring Program attached hereto and incorporated herein as Exhibit "A".
2
Planning Commission Resolution No. 2006-60
APPROVED AND ADOPTED THIS 27th DAY OF JUNE 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
ve Nelson, Vice -Chairman
By.
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 27th
day of June 2006, by the following vote:
AYES: COMMISSiOrterS: Torng, Lee, Everett, VC/Nelson
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commission rs: None
ATTEST:
Na cy Fong
3
Planning Commission Resolution No. 2006-
Screenclieck Mitigated Negative Declaration
TABLE ES -1
MITIGATION TABLE
Level of
Impact Mitigation Responsible Entity Significance
3.1 Aesthetics
Implementation of the project would MM 3.1-1 Prior to initiation of grading, a tree sun/ey shall be City of
Diamond Bar Implementation of
remove southern California black conducted to determine whether any of the trees on the project site Department of
Community this mitigation
walnut trees. meet the requirements of the City's tree ordinance. Should any and Development Services measure
would
native trees within the impact area meet the size criteria of a reduce impacts to
diameter at breast height (dbh) of eight inches, the trees shall be less than significant.
replaced at a 3:1 ratio. The size of replacement trees will be
determined by the City of Diamond Bar.
3.3 Air Quality
SC 3.3-1 The City will apply water to at least 80 percent of the surface area of all open storage piles on a daily City of Diamond Bar
Not applicable.
basis or install temporary coverings over stock piles when there is evidence of wind driven fugitive dust. Department of
Community
and Development Services
SC 3.3-2 The City will ensure that all equipment is properly tuned and maintained in accordance with City of Diamond Bar
Not applicable.
manufacturers' specifications. Department of Community
and Development Services
3.4 Biological Resources
Implementation of the project has the MM 3.4-1 A focused survey for special status plant species City of Diamond Bar
Implementation of
potential to impact special status plant will be conducted by a qualified biologist during the appropriate Department of
Community this mitigation
species, blooming period to determine the presence or absence of special and Development Services measure would
status plant species on the project site. If a special status plant reduce impacts to
species is observed within the impact area, and the size and the less than significant.
status of the species warrants a finding of significance, consultation
with the applicable resource agencies will be required to determine
appropriate mitigation. Mitigation may include avoidance,
preservation of an existing population, or relocation of special status
plant species to a mitigation site.
C.10ocuments and Setlings\nancykocal Settings\Temporary Internet Files\OLK4ARMND-040706 doc ES -1 Executive Summary
Screencheck Mitigated Negative Declaration
TABLE ES -1 (Continued)
MITIGATION TABLE
Level of
Impact Mitigation Responsible Entity Significance
Implementation of the project has the MM 3.4-2 If construction is initiated between February 1 and
Diamond Bar Implementation of
potential to impact burrowing owl June 30, a survey for nesting raptors and burrowing owl will be
Community this mitigation
conducted. If construction is initiated between July 1 and January
31, a survey for burrowing owl will be conducted. Seven days prior
to the onset of construction activities, a qualified biologist will survey
within 500 feet of the project impact area for the presence of any
active raptor nests (common or special status), including burrowing
owl burrows. Any active nest/burrow found during survey efforts will
be mapped on the construction plans. If no active nests/burrows are
found, no further mitigation would be
nest/burrow is observed,
City of
Department of
and Development Services measure would
reduce impacts to
less than significant.
required. If an active
100 to 500 foot buffer area (as
determined by the qualified biologist based on the species and site
conditions) will be established around the nest/burrow to protect the
nest/burrow until nesting activity has ended to ensure compliance
with the California Fish and Game Code. If an active burrowing owl
burrow is observed outside the breeding season for this species, the
owl will be flushed and the burrow will be closed using burrow -
closure procedures approved by CDFG and/or Burrowing Owl
Consortium guidelines (1993).
Construction related to the proposed MM 3.4-3 If construction is initiated between March 15 and City of Diamond Bar
Implementation of
project has the potential to impact September 15, a survey for nesting birds will be conducted. Seven Department of
Community this mitigation
nesting raptors on adjacent properties. days prior to the onset of construction activities, a qualified biologist and Development
Services measure would
will survey the project impact area for the presence of any active reduce impacts to
nests. Any nest found during survey efforts will be mapped on the less than significant.
construction plans. If no active nests are found, no further mitigation
will be required. If an active nest is observed, a 100 to 500 foot
buffer area (as determined by the qualified biologist based on the
species and site conditions) will be established around the nest to
protect the nest until nesting activity has ended to ensure
compliance with the Migratory Bird Treaty Act (MBTA).
Implementation of the project would Refer to MM 3.1-1 City of Diamond Bar Implementation of
remove southern California black Department of Community this mitigation
walnut trees. and Development Services measure would
reduce impacts to
less than significant.
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Summary
Screencheck Mitigated Negative Declaration
TABLE ES -1 (Continued)
MITIGATION TABLE
Level of
Impact Mitigation Responsible Entity Significance
3.5 Cultural Resources
Grading activities on the site have the MM 3.5-1 If archaeological resources are
encountered City of Diamond Bar Implementation of
potential to impact archaeological during grading, construction activities in the area of the find must be Department of
Community this mitigation
resources. immediately suspended and the resource must be left in place until and Development Services measure
would
a qualified archaeologist can examine it and determine the
reduce impacts to
appropriate course of action. less than significant.
Grading activities on the site have the MM 3.5-2 If during grading paleontological resources are City of Diamond Bar
Implementation of
potential to impact paleontological encountered during grading, construction activities in the area of Department of
Community this mitigation
resources. the find must be immediately suspended the resource must be left and Development Services measure
would
in place until a qualified paleontologist can examine it and
reduce impacts to
determine the appropriate course of action. less than significant.
Grading activities on the site have the MM 3.5-2 If human remains are encountered during grading, City of
Diamond Bar Implementation of
potential to impact paleontological construction activities in the area of the find must be immediately Department of
Community this mitigation
resources. halted and the Los Angeles County Coroner must be notified within and Development Services measure
would
24 hours of the discovery, in accordance with PRC 5097.94. If the reduce impacts to
Coroner determines that the remains are not recent, the Coroner will less than significant.
notify the Native American Heritage Commission for consultation.
3.7 Hazards and Hazardous Materials
The potential for exposure to MM 3.7-1 Prior to initiation of grading, the City will conduct a City of Diamond Bar
Implementation of
hazardous waste contaminated soil thorough file review of the adjacent Shell and Arco gas stations at Department of
Building this mitigation
could occur during grading. the Regional Water Quality Control Board (RWQCB) and/or the Los and Safety measure
would
Angeles County Department of Public Works (DPW) to evaluate reduce impacts to
potential impact to the project site. less than significant
3.11 Noise
SC 3.11-1 The construction contractor shall abide by all requirements of the City Code related to noise, as City of Diamond Bar
Not Applicable
specified in DBCC Chapter 8.12 Department of Building
and Safety
CADocuments and Settingslnancyf1Local SettingslTemporary Interne! FilesIOLK4ARMND-040706.doc ES -3
Executive Summary