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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- LU J m ul LU Z w0 m ~ a c - G d U C O 0 U C •6 �.-. O •c o U C 'D to y - o p C 7 U N a) O C 7 U C — v ,- o o m rn 3 CL co m co w o p m m 3 O_ a)a) c C13 Eofvy a Q a) .E E °a) v� o.cn ° ° cO p _m a) E ro 0 E� E — E z o z E� E � U, ELS m 0 jai _ U C .V *� C E () E a) E a) E a) LU M E- cu E- co0 E- m E- O Co O m p m p oU °U m O O q �U O O Q. 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Q co 4) > m m.� > V m._ > V m._ fC g t0n L o L t L O L O N a O U U o-2 w 0 a o h °: 0 c 0 m 0) c U m .� t) U) d a) m a) O L.. a) a) O = a) a. f1i 7 E to m aZ3C U ❑ a V .L...0 cc`a ca ca m C Q -0 N �a O co O (D O N O N� Z a x U O) Q) C O tU U— 0 C,-,pQ (U4 CL c �.. oN a)a) _>E >E >E y m3a F -CL m j �" UO m V) 0) Cd U U O cD to 0) m U m _ rn (D U N U 0 N cocD m 0 am O Z r 0 m 0 rocs m 0 ac0 m 0 = a) N "B Cl) <"i C7 a°� 0 Q2 U a2 ti c) hr o c) cn 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. CADocuments and Settings\nancyf\Local Settings\Temporary Internet Files\OLK4ARMND-040706.doc ES -2 Executive 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