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RES 2019-43
RESOLUTION NO. 2019-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 2018051066), ADOPTING FINDINGS OF FACT AND A STATEMENT OF OVERRIDING CONSIDERATIONS, AND APPROVING THE MITIGATION MONITORING AND REPORTING PROGRAM FOR THE DIAMOND BAR GENERAL PLAN UPDATE AND CLIMATE ACTION PLAN. A. RECITALS California Government Code ("Government Code") Section 65300 requires that each city and county adopt a comprehensive, long-term general plan to guide "the physical development of the county or city, and any land outside its boundaries which bears relation to its planning." 2. On July 25, 1995, the City of Diamond Bar ("City") adopted its first General Plan ("1995 General Plan"). The General Plan established goals, objectives and strategies to implement the community's vision for its future. In the years following the adoption of the City's original General Plan, the Housing Element was comprehensively updated three times as mandated pursuant to Government Code Section 65588. Portions of other elements were amended from time to time as necessary to reflect changed circumstances or City policies. 3. In June 2016, the City initiated a comprehensive update to the 1995 General Plan ("General Plan Update") to build upon its original vision, and adapt it to proactively and opportunistically guide the City as it faces contemporary and future challenges. 4. In conjunction with the General Plan Update, the City prepared a Climate Action Plan (CAP) to serve as the City's greenhouse gas (GHG) reduction strategy to meet State -mandated GHG reduction targets in concert with the implementation of the General Plan Update. 5. The General Plan Update and CAP are referred to collectively herein as the "Proposed Project." 6. The City is the Lead Agency for the Proposed Project, as defined by Section 21067 of the California Environmental Quality Act (CEQA) Statutes (Public Resources Code Section 21000 et seq.). 7. On May 31, 2018, the City disseminated a Notice of Preparation (NOP) to solicit comments on the scope and content of the Environmental Impact Resolution No. 2019-43 Report (EIR) for the Proposed Project. The NOP was sent to the California Office of Planning and Research, State Clearinghouse and Planning Unit ("SCH"), the Los Angeles County Clerk of the Board, and to responsible and trustee agencies; noticed in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune; and emailed to individuals who subscribed to receive General Plan Update notifications. The NOP was circulated for a 30-day review period that commenced on June 7, 2018, and ended on July 6, 2018. 8. Upon receipt of the NOP, the SCH assigned the following reference number for all transmittals associated with the EIR: 2018051066. 9. On June 21, 2018, as part of the scoping process, a Scoping meeting was held at Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, California. 10. Seventeen public agencies, public interest organizations and individuals submitted written comments on the NOP. These comments were considered and incorporated where appropriate into the Draft General Plan Update and/or Draft EIR documents. 11. A Draft EIR was prepared, incorporating all of the mandated contents set forth pursuant to CEQA Guidelines Section 15120 et seq. 12. On September 13, 2019, upon completion of the Draft EIR, a Notice of Completion ("NOC") was filed with SCH, and a Notice of Availability ("NOX) was filed with the County of Los Angeles Clerk of the Board, as required by Public Resources Code Section 21092. Pursuant to CEQA Guidelines Section 15087, the City also sent the NOA to anyone requesting it. The Draft EIR was concurrently made available for public review on the City's dedicated General Plan Update website (www.diamondbargp.com), and hardcopies were made available for public review at City Hall (21810 Copley Drive, Diamond Bar, CA 91765) and at the Diamond Bar Public Library (21800 Copley Drive, Diamond Bar, CA 91765). 13. The State -mandated 45-day public review period for the Draft EIR ran from September 16, 2019, to October 31, 2019. 14. Written comments received on the Draft EIR during the public review period included letters or emails from seven public agencies, five public interest organizations and four individuals. 15. After receiving public comments on the Draft EIR, the City prepared a Final EIR for the Proposed Project. The Final EIR includes the written comments received on the Draft EIR and the City's responses to comments relative to the Proposed Project or significant environmental points raised. The Final EIR includes an Errata which identifies minor revisions to the EIR, General Plan Update and CAP made in response to comments received on the EIR as well as minor corrections to the documents which have been identified by City staff. Resolution No. 2019-43 16. On November 23, 2019, responses to comments were provided to each public agency that submitted comments on the Draft EIR, in conformance with CEQA Guidelines Section 15088. The Final EIR was concurrently made available for public review on the City's dedicated General Plan Update website. 17. On November 25, 2019, hardcopies of the Final EIR were made available for public review at City Hall and at the Diamond Bar Public Library. 18. On December 4, 2019, the Planning Commission conducted a duly noticed public hearing and solicited testimony from all interested individuals regarding the Final EIR, as well as the Proposed Project, concluded said hearing on that date, and adopted Planning Commission Resolution No. 2019-16 recommending that the City Council certify the Final EIR, prepare and adopt a Statement of Overriding Considerations, and approve the Mitigation Monitoring and Reporting Program for the Proposed Project. 19. All legal prerequisites to the adoption of this resolution have occurred. 20. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is hereby found, determined and resolved by the City Council of the City of Diamond Bar, as follows: That all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. That Environmental Impact Report (EIR) SCH No. 2018051066 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. 3. Mitigation measures have been incorporated into the Project, which avoid or substantially lessen significant adverse environmental impacts identified in Final EIR. 4. With the implementation of the identified mitigation measures, all potentially significant impacts will be reduced to a level of less than significant with the exception of the following: a. Air Quality — Implementation of the Proposed project would result in a cumulatively considerable net increase of criteria pollutants for 3 Resolution No. 2019-43 which the project region is non -attainment under an applicable federal or state air quality standard. [Impact 3.2-2] b. Air Quality — Implementation of the Proposed Project would expose sensitive receptors to substantial pollutant concentrations. [Impact 3.2-3] C. Air Quality — Implementation of the Proposed Project would result in other emissions (such as those leading to odors adversely affecting a substantial number of people). [Impact 3.2-4] d. Cultural Resources, Historic, and Tribal Cultural Resources — Implementation of the Proposed Project would cause a substantial adverse change in the significance of a historical resource pursuant to § 15064.5. [Impact 3.4-1] e. Transportation — Implementation of the Proposed Project would conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b). [Impact 3.12-2] 5. The City has balanced the benefits of the Proposed Project against the unavoidable adverse impacts associated with the Proposed Project, and has identified all feasible mitigation measures. The City has also examined alternatives to the Proposed Project, and has determined that adoption and implementation of the Proposed Project is the most desirable, feasible, and appropriate action. The other alternatives are rejected as inferior based on consideration of the relevant factors discussed in Section 4 of the Draft EIR. 6. The City Council hereby certifies the Final EIR to be complete and adequate and that it has reviewed and considered the information within the Final EIR prior to approving the Project; that the Final EIR reflects the independent judgment and analysis of the City Council; and that it adopts the Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program attached hereto, respectively, as Exhibits A and B which are hereby incorporated herein by reference. PASSED, APPROVED AND ADOPTED this 17t" day of December. Steve Tye, May rg. 4 Resolution No. 2019-43 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the City Council of the City of Diamond Bar, California at its regular meeting held on the 17t" day of December, 2019, by the following vote: AYES: COUNCIL MEMBERS: Herrera, Low, M/Tye, MPT Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chou ABSTAIN: COUNCIL MEMBERS: None Kristina Santana, City Clerk ;11 This page intentionally left blank EXHIBIT A City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 Final Environmental Impact Report State Clearinghouse No. 2018051066 Findings of Fact and Statement of Overriding Considerations City of Diamond Bar Community Development Department 21820 Copley Drive Diamond Bar, CA 91765 December 2019 This page intentionally left blank Diamond Bar General Plan and Climate Action Plan Final EIR Findings of Fact and Statement of Overriding Considerations Table of Contents 1.0 Introduction and Purpose........................................................................................... 1 1.1 Procedural Background...................................................................................... 2 1.2 Tribal Consultation................................................................................................ 3 1.3 Summary Project Description.............................................................................. 3 1.4 Record of Proceedings........................................................................................ 8 1.5 Custodian and Location of Records.................................................................. 9 2.0 Introduction to Findings.............................................................................................. 9 3.0 General Findings....................................................................................................... 10 4.0 Findings Regarding Significant and Unavoidable Impacts ................................... 12 4.1 Air Quality............................................................................................................ 12 4.1.1 Impact 3.2-2............................................................................................ 12 4.1.2 Impact 3.2-3............................................................................................ 14 4.1.3 Impact 3.2-4............................................................................................ 16 4.2 Cultural, Historic, and Tribal Cultural Resources .............................................. 17 4.2.1 Impact 3.4-1............................................................................................ 17 4.3 Public Facilities and Recreation........................................................................ 18 4.3.1 Impact 3.11-2........................................................................................... 18 4.4 Transportation..................................................................................................... 19 4.4.1 Impact 3.12-2........................................................................................... 19 5.0 Findings Regarding Potentially Significant but Mitigable Impacts ........................ 21 5.1 Biological Resources.......................................................................................... 21 5.1.1 Impact 3.3-1............................................................................................ 21 5.1.2 Impact 3.3-2............................................................................................ 26 5.1.3 Impact 3.3-3............................................................................................ 30 5.1.4 Impact 3.3-4............................................................................................ 31 5.1.5 Impact 3.3-6............................................................................................ 34 5.2 Cultural, Historic, and Tribal Cultural Resources .............................................. 35 5.2.1 Impact 3.4-1............................................................................................ 35 5.3 Geology, Soils, and Seismicity........................................................................... 36 5.3.1 Impact 3.6-6............................................................................................ 36 6.0 Findings Regarding Project Alternatives.................................................................. 37 6.1 Alternatives Selected for Evaluation................................................................ 38 6.1.1 No Project Alternative............................................................................ 38 6.1.2 Alternative 1: Town Center at Diamond Bar Blvd/Golden Springs..... 41 6.1.3 Alternative 2: New Town Center at Golf Course .................................. 42 7.0 Statement of Overriding Considerations................................................................. 44 7.1 Significant Unavoidable Impacts..................................................................... 44 7.2 Overriding Considerations................................................................................. 45 8.0 Conclusion................................................................................................................. 47 Diamond Bar General Plan and Climate Action Plan Final EIR This page intentionally left blank Diamond Bar General Plan and Climate Action Plan Final EIR 1.0 Introduction and Purpose The documents addressed in these Findings of Fact and Statement of Overriding Considerations are the Diamond Bar General Plan 2040 ("General Plan Update") and Diamond Bar Climate Action Plan 2040 ("CAP"), referred to collectively herein as the Proposed Project. The City of Diamond Bar ("City") is the Lead Agency for the Proposed Project. In compliance with the requirements of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, the City conducted an environmental review of the Proposed Project. The environmental review for the Proposed Project is a Program Environmental Impact Report ("EIR") that examined the potential effects of the Proposed Project. The California Office of Planning and Research, State Clearinghouse and Planning Unit ("SCH") number assigned to the EIR is 2018051066. Section 15091 of the CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000-15387) requires the Lead Agency to issue written findings for significant impacts identified in the EIR, accompanied by a brief rationale for each finding. Section 15091 of the CEQA Guidelines and Section 21081 of the CEQA Statutes (Public Resources Code, Sections 21000-21178) state in part that: No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant environmental effects on the environment that would occur if the project is approved or carried out unless the following occur. 1. The public agency makes one or more of the following findings with respect to each significant effect: a. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. b. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. c. 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 environmental impact report. Findings of Fact and Statement of Overriding Considerations Page 1 of 48 In accordance with Section 15093 of the CEQA Guidelines, whenever significant impacts cannot be substantially mitigated and remain unavoidable, the benefits of the Proposed Project must be balanced against the unavoidable environmental consequences in determining whether to approve the project. The Lead Agency must make Findings of Fact and adopt a Statement of Overriding Considerations where the decision of the Lead Agency allows the occurrence of significant effects that are identified in the EIR, but are not substantially mitigated. In addition, the Lead Agency must adopt a program (i.e., Mitigation Monitoring and Reporting Program [MMRP]) for reporting on or monitoring the changes which it has either required in the project or made condition of approval to avoid or substantially lessen significant environmental effects. These measures must be fully enforceable through permit conditions, agreements, or other measures. The findings herein provide the written analysis and conclusions of the Council regarding the Proposed Project's environmental impacts, mitigation measures, alternatives to the Proposed Project, and the overriding considerations, which summarize the benefits of approving the Proposed Project, despite its environmental effects. This document is divided into the following seven sections: Section 1 Introduction and Purpose Section 2 Introduction to Findings Section 3 General Findings Section 4 Findings Regarding Significant and Unavoidable Impacts Section 5 Findings Regarding Potentially Significant but Mitigable Impacts Section 6 Findings Regarding Project Alternatives Section 7 Statement of Overriding Considerations 1.1 Procedural Background Prior to completion of the Draft EIR, a Notice of Preparation (NOP) was released for public review from June 7, 2018 to July 6, 2018 to solicit comments on the scope and content of the EIR. The NOP was sent to the SCH and responsible and trustee agencies, noticed in the Inland Valley Daily Bulletin and San Gabriel Valley Tribune, and emailed to individuals who subscribed to receive General Plan Update notifications. As part of the scoping process, a Scoping meeting was held on June 21, 2018 at Diamond Bar City Hall, 21810 Copley Drive, Diamond Bar, California. Seventeen public agencies, public interest organizations and individuals submitted written comments on the NOP. These comments were considered and incorporated where appropriate into the Draft General Plan Update and/or Draft EIR documents. The Draft EIR contains a description of the Proposed Project, description of the environmental setting, identification of project impacts, and mitigation measures Findings of Fact and Statement of Overriding Considerations Page 2 of 48 for impacts found to be significant, as well as an analysis of project alternatives, identification of significant irreversible environmental changes, growth -inducing impacts, and cumulative impacts. The Draft EIR identifies issues determined to have no impact or a less than significant impact, and provides detailed analysis of potentially significant and significant impacts. Comments received in response to the NOP were considered in preparing the analysis in the Draft EIR. Upon completion of the Draft EIR, a Notice of Completion ("NOC") was filed with SCH, and a Notice of Availability ("NOA") was filed with the County of Los Angeles Clerk of the Board. The State -mandated 45-day public review period ran from September 16, 2019 to October 31, 2019. Written comments received on the Draft EIR during the public review period include letters or emails from seven public agencies, five public interest organizations and four individuals. After receiving public comments on the Draft EIR, the City prepared a Final EIR for the Proposed Project. The Final EIR includes the written comments received on the Draft EIR and the City's responses to comments relative to the Proposed Project or significant environmental points raised. The Final EIR includes an Errata which identifies minor revisions to the EIR and General Plan Update made in response to comments received on the EIR as well as minor corrections to the documents which have been identified by City staff. 1.2 Tribal Consultation Pursuant to State law (SB 18 and AB 52), tribal consultation was conducted as part of preparation of the EIR. Documentation of consultation is provided in Section 3.4 of the Draft EIR. 1.3 Summary Project Description Under California Government Code Section 65300 et. seq., cities are required to prepare a general plan that establishes policies and standards for future development, circulation, housing affordability, and resource protection for the entire planning area. By law, a general plan must be an integrated, internally consistent statement of city policies. California Government Code Section 65302 requires that the general plan include the following seven elements: land use, circulation, housing, conservation, open space, noise, and safety. State law allows cities to include additional (or optional) elements in general plans as well. Optional elements included in the proposed General Plan Update address community values related to economic development, community character, community health, and sustainability. All elements of the Proposed Project have equal weight, and no one element supersedes another. The Proposed Project includes six of the seven mandatory elements. The Housing Element, which is subject to a separate, State -mandated eight -year update cycle, was last updated in 2014, and is not part of the Proposed Project. Findings of Fact and Statement of Overriding Considerations Page 3 of 48 GENERAL PLAN UPDATE In June 2016, the City initiated a comprehensive update to seven of the eight original General Plan elements, and the drafting of three new elements: Economic Development, Community Character & Placemaking, and Community Health & Sustainability. As stated, the Housing Element was excluded from General Plan Update because it will be updated at a later date in accordance with Government Code Section 65588. Purpose of the General Plan Update California Government Code Section 65300 requires each city and county in California to adopt a general plan "for the physical development of the county or city, and any land outside its boundaries which... bears relation to its planning." The Diamond Bar General Plan can be considered the City's development constitution, containing both a statement of the community's vision of its long- term development as well as the policies to support that vision by guiding the physical growth of the City. The proposed General Plan Update contains policies to guide decision -making related to development, housing, transportation, environmental quality, public services, parks, and open spaces. The proposed General Plan Update is a document to be adopted by the Diamond Bar City Council ("City Council") that serves to: • Establish a long-range vision that reflects the goals and desires of the Diamond Bar community; • Provide City departments, the Planning Commission, and the City Council with strategies and implementing actions to achieve the vision; • Provide a basis for evaluating whether individual development proposals and public projects are in harmony with the General Plan vision and policies; • Provide standards and guidance to allow City departments, other public agencies, and private developers to design projects that are consistent with the General Plan vision and policies; • Provide the basis for establishing other implementing plans and programs, such as the Zoning Ordinance, subdivision regulations, specific and master plans, and the Capital Improvement Program. Due to the general and long-range nature of the proposed General Plan Update, there will be instances where subsequent, more detailed studies will be necessary in order to implement the plan's policies. Findings of Fact and Statement of Overriding Considerations Page 4 of 48 Objectives of the General Plan Update The objective of the General Plan Update is to implement the Diamond Bar community's vision for the City and the seven Guiding Principles pursuant to General Plan Section 1.4, as presented below. Community Vision The community vision forms the basis for the General Plan Update's policies. The vision is an expression of the collective hopes and aspirations that members of the Diamond Bar community have for the City's future, and was formed from all of the input shared by community members throughout the planning process. In 2040 Diamond Bar has a balance of housing and retail choices, ample job and business opportunities, and an abundance of options for gathering and recreation. A lively Town Center provides community members with access to local services, entertainment, employment, and homes in an attractive, walkable environment. Diamond Bar continues to welcome and celebrate cultural diversity, and maintains a safe, quiet, and family -friendly atmosphere where residents of all ages and abilities are happy and healthy and live sustainably. Through thoughtful planning, collaboration, and stewardship, the community is able to meet the needs of current and future generations, both growing as a city and preserving the strong connections and environmental resources that define its "country living" identity. Guiding Principles The following Guiding Principles expand upon the community vision, establishing detailed, actionable objectives that support the vision and provide a foundation for the policies in the General Plan Update. The Guiding Principles emerged from the various comments and community discussions that took place as part of the planning process. All of the General Plan Update's policies advance one or more of the Guiding Principles in order to achieve the community vision. Maintain a welcoming, safe small-town feel. Continue to cultivate a welcoming, safe small-town feel that is inclusive of Diamond Bar's diverse and changing population while preserving existing neighborhoods. 2. Promote a family -friendly community. Promote Diamond Bar's strong and high performing school system, support the City's youth activities and provide housing choices for families to continue to make Diamond Bar a desirable place for families. Findings of Fact and Statement of Overriding Considerations Page 5 of 48 3. Create an inviting Town Center. Foster the development of a vibrant, pedestrian -oriented Town Center in Diamond Bar that serves as a place for Diamond Bar's residents to shop, dine, and gather. 4. Develop attractive commercial centers and thriving businesses. Help Diamond Bar's existing commercial centers and businesses to thrive, and attract new businesses to centrally located focus areas to serve the daily needs of residents. 5. Establish a balanced circulation network. Improve mobility for all residents, visitors, and workers by providing a diversity of safe and convenient transportation options in a cohesive network, including active transportation, transit, and automobile facilities. 6. Support Healthy and Sustainable Lifestyles. Promote human and community health and environmental quality through the provision of parks and open spaces, community programs and services, the preservation of local and regional environmental resources, and the reduction of the greenhouse gas emissions. 7. Foster a strong, collaborative community. Provide opportunities for gatherings among friends, families, and the community at large and encourage all members of the community to participate in planning and decision -making for the future. CLIMATE ACTION PLAN Purpose of the Climate Action Plan A CAP is a comprehensive plan for addressing a community's greenhouse gas (GHG) emissions. The proposed CAP was developed concurrently with the proposed General Plan Update, reflecting the City's proposed land use and transportation strategy, and GHG implications of various proposed General Plan goals and policies. The CAP is intended to reinforce the City's commitment to reducing GHG emissions, and demonstrate how the City will comply with State GHG emission reduction standards. As a Qualified GHG Reduction Strategy, the CAP will also enable streamlined environmental review of future development projects, in accordance with CEQA. Specifically, the proposed CAP quantifies existing and projected GHG emissions in the Planning Area through horizon year 2040 resulting from activities within the Planning Area and the region, and it includes GHG emissions reduction targets for the year 2040. The proposed CAP also contains actions that demonstrate the City's commitment to achieve State GHG reduction Findings of Fact and Statement of Overriding Considerations Page 6 of 48 targets through monitoring and reporting processes to ensure that targets are met, and options for reducing GHG emissions beyond State requirements. If the proposed CAP is adopted, projects that demonstrate consistency with the updated Diamond Bar General Plan and CAP will be subject to a streamlined CEQA review process for mitigation of GHG emissions, pursuant to CEQA Guidelines § 15183.5. California has taken an aggressive stance to reduce GHG emissions in order to combat the impacts of climate change. Executive Order S-3-05 (EO S-3-05) recognizes California's vulnerability to increased temperatures causing human health impacts, rising sea levels, and reduced Sierra snowpack due to a changing climate. The Executive Order established targets to reduce GHG emissions to 2000 levels by 2010, to 1990 levels by 2020, and to 80 percent below 1990 levels by 2050. The Global Warming Solutions Act of 2006 (Assembly Bill 32, or AB 32) codified the target set in EO S-3-05 of statewide reductions to 1990 emissions levels by 2020. Executive Order S-3-15 (EO S-3-15), issued in 2015, established an interim target to reduce GHG emissions to 40 percent below 1990 levels by 2030. In 2016, the California Legislature passed Senate Bill (SB) 32, which codified the 2030 GHG emissions reduction target. To reflect this target, CARB's 2017 Climate Change Scoping Plan Update recommends that local governments target 6 metric tons carbon dioxide equivalent (MTCO2e) per capita for 2030 emissions and 2 MTCO2e per capita for 2050 emissions. The CAP's GHG emission targets are based on meeting the goals set in EO S-3-15, SB 32, and EO S-3-05 following the CAP guidelines established in the 2017 Scoping Plan. The CAP uses a threshold of 4 MTCO2e per capita for 2040 GHG emissions, which is calculated as the midpoint between 2030 and 2050 targets recommended by the 2017 Scoping Plan. This threshold is more conservative than a target of 60 percent below 1990 emissions levels, which would mirror emissions targets codified in EO S-3-05 and EO S-3-15, and ensures that the proposed CAP is capable of supporting Diamond Bar and California's aggressive GHG emissions reduction goals. Objectives of the Climate Action Plan Section 15183.5 of the CEQA Guidelines permits lead agencies to analyze and mitigate the significant effects of GHG emissions at a programmatic level through a plan to reduce GHG gas emissions. In doing so, later project -specific environmental documents may tier from and/or incorporate by reference that existing programmatic review. The proposed CAP's objectives are to meet CEQA requirements (CCR Section 15183.5) to allow for future tiering and streamlining of the analysis of GHG emissions, which state that a plan for the reduction of GHG emissions should: Findings of Fact and Statement of Overriding Considerations Page 7 of 48 1. Quantify GHG emissions, both existing and projected over a specified time period, resulting from activities within a defined geographic area; 2. Establish a level, based on substantial evidence, below which the contribution to GHG emissions from activities covered by the plan would not be cumulatively considerable; 3. Identify and analyze the GHG emissions resulting from specific actions or categories of actions anticipated within the geographic area; 4. Specify measures or a group of measures, including performance standards, that substantial evidence demonstrates, if implemented on a project -by - project basis, would collectively achieve the specified emissions level; 5. Establish a mechanism to monitor the plan's progress toward achieving the level and to require amendment if the plan is not achieving specified levels; 6. Be adopted in a public process following environmental review. 1.4 Record of Proceedings For purposes of CEQA and these Findings, at a minimum, the record of proceedings for the Final EIR consists of the following documents and other evidence. All references to the Final EIR herein shall be assumed to be inclusive of each of the following documents and such other accompanying evidence as may be identified by the City Council: (a) The Notice of Preparation (NOP), Notice of Completion (NOC), Notice of Availability (NOA), Notice of Determination (NOD), and all other public notices issued by the Lead Agency in conjunction with this CEQA process; (b) The Final EIR which consists of the Draft EIR (SCH #2018051066) and technical appendices, and incorporates written comments received and responses to comments, minor revisions to the General Plan Update and EIR, and Mitigation Monitoring Program; (c) The General Plan Update and CAP; (d) The documents, reports and technical memoranda included or referenced in the technical appendices to the Final EIR; (e) All documents, studies or other materials incorporated by reference or referenced in the Final EIR; (f) The resolutions adopted by the City in connection with the Project; Findings of Fact and Statement of Overriding Considerations Page 8 of 48 (g) Matters of common knowledge to the City, including but not limited to, federal, State and local laws and regulations and policy documents; (h) Written correspondence submitted to the City and the City's response to the correspondent in connection with the Project; (i) All documents, City staff reports, City studies, and all written or oral testimony provided to the City in connection with the Project and City' responses to any letters received after the close of the public review period, if any; (j) Any documents expressly cited in these Findings; (k) All testimony and deliberations received or held in connection with the Project in a public meeting; and (1) Any other relevant materials required to be in the record of proceedings by PRC Section 21 167.6(e) excluding any and all privileged materials. 1.5 Custodian and Location of Records The following information is provided in compliance with Section 21081.6(a) (2) of CEQA and Section 15091(e) of the State CEQA Guidelines. The documents, studies, reports, correspondence, and other material comprising the administrative record for the project are located at the City of Diamond Bar Community Development Department (21810 Copley Drive, Second Floor, Diamond Bar, California 91765-4178) and are, upon appointment, available for review during the regular business hours of the Department. The Community Development Director (Director) is the custodian of record for the project. 2.0 Introduction to Findings Where as a result of the environmental analysis of the Project and the identification of project features, compliance with existing laws, codes and statutes, and the identification of feasible mitigation measures, potentially significant impacts have been determined by the City to be reduced to a level of less than significant, the City has found in accordance with CEQA Section 21081(a) (1) and CEQA Guidelines Section 15091(a) (1) that "Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment." Such a finding is referred to herein as Finding 1. Where the City has determined pursuant to CEQA Section 21081((a) (2) and CEQA Guidelines Section 15091(a) (2) that "Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can Findings of Fact and Statement of Overriding Considerations Page 9 of 48 and should be, adopted by that other agency," the City's finding is referred to herein as Finding 2. Where as a result of the environmental analysis of the Project, the City has determined that (a) even with the identification of project features, compliance with existing laws, codes and statutes, and/or the identification of feasible mitigation measures, potentially significant impacts cannot be reduced to a level of less than significant, or (b) no feasible mitigation measures or alternatives are available to mitigate the potentially significant impact. The City has found in accordance CEQA Section 21081(a) (3) and CEQA Guidelines Section 15091(a) (3) that "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 environmental impact report." Such a finding shall be referred to herein as Finding 3. 3.0 General Findings In addition to the specific findings identified herein, the City Council hereby finds that: 1. Under CEQA, the City of Diamond Bar is the appropriate "Lead Agency" for the Proposed Project and during the project's CEQA proceedings no other agency asserted or contested the City's "Lead Agency" status; 2. As part of the CEQA process, in compliance with the provisions of Senate Bill (SB) 18, Assembly Bill (AB) 52 and the Governor's Office of Planning and Research's (OPR) "Supplement to General Plan Guidelines - Tribal Consultation Guidelines" (2005), the Lead Agency notified the appropriate California Native American tribes of the opportunity to conduct consultation for the purpose of preserving or mitigating impacts to cultural places, referred the proposed action to those tribes that are on the Native American Heritage Commission (NAHC) contact list that have traditional lands within the agency's jurisdiction, and send notice to tribes that have filed a written request for such notice; 3. Copies of the NOP, Draft EIR, and NOC were provided to those Responsible and Trustee Agencies identified in the FINAL EIR and each such agency was provided a specified review period to submit comments thereupon; 4. In compliance with Section 21092.5(a) of CEQA, at least 10 days prior to the certification of the Final EIR, the Lead Agency provided its written proposed response to those public agencies that submitted comments to the Lead Agency on the Draft EIR; 5. The Draft EIR and Final EIR and all environmental notices associated therewith were prepared in compliance with CEQA and the State CEQA Guidelines; Findings of Fact and Statement of Overriding Considerations Page 10 of 48 6. The City Council has independently reviewed and analyzed the Final EIR and the Final EIR reflects the independent judgment of the City Council; 7. 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; 8. The mitigation measures adopted by the City Council will be fully implemented in accordance with the MMRP, verification of compliance will be documented, and each measure can reasonably be expected to have the efficacy and produce the post -mitigation conditions assumed in the Final EIR; 9. Each of the issues to be resolved, as identified in the Final EIR and/or subsequently raised in comments received by the City during the deliberation of the City's advisory and decisionmaking bodies, have been resolved to the satisfaction of the City Council; 10. The potential environmental impacts of the Proposed Project have been analyzed to the extent feasible at the time of certification of the Final EIR; 11. The responses to the comments in the Draft EIR, which are contained in the Final EIR, clarify and amplify the analysis in the Draft EIR. 12. The City Council reviewed the comments received on the Final EIR, including, but not limited to, those comments received following the dissemination of the Draft EIR and Response to Comments, and the responses thereto and has determined that neither the comments received nor the responses thereto add significant new information under Section 15088.5 of the State CEQA Guidelines; 13. The City Council has not made any decisions that would constitute an irretrievable commitment of resources toward the Proposed Project prior to the certification of the Final EIR nor has the City Council previously committed to a definite course of action with respect to the Proposed Project; 14. Copies of all the documents incorporated by reference in the Final EIR are and have been available for review during the regular business hours of the City at the office of the Community Development Department; 15. These Findings incorporate by reference such other findings as may be required under Sections 65454, 65455, 66474, 66474.4, 65853, and 65860 of the California Government Code and those corresponding findings required under the "City of Diamond Bar Municipal Code" (Municipal Code); and 16. Having received, reviewed, and considered all information and documents in the record, the City Council has or will impose conditions, mitigation measures, and take other reasonable actions to reduce the environmental Findings of Fact and Statement of Overriding Considerations Page 11 of 48 effects of the Proposed Project to the maximum extend feasible and finds as stated in these Findings. 4.0 Findings Regarding Significant and Unavoidable Impacts The Final EIR determined that implementation of the Proposed Project would result in the following significant environmental effects which, even after application of feasible mitigation measures and compliance with existing statutes, regulations, uniform codes, and project features, cannot be mitigated to below a level of significance and therefore will remain significant and unavoidable. Findings supporting the determinations are provided below. 4.1 Air Quality 4.1.1 Impact 3.2-2 Implementation of the Proposed Project would result in a cumulatively considerable net increase of criteria pollutants for which the project region already exceeds under applicable federal or state ambient air quality standards. Finding: The City Council hereby makes Finding 3. Facts in Support of Finding: (a) Construction associated with implementation of the Proposed Project would create new sources of VOC and NOx emissions that exceeds SCAQMD's project -level thresholds and contribute to the nonattainment designation of the South Coast Air Basin for Os. Operational emissions for the Proposed Project would exceed regulatory thresholds for VOC, NOx, CO, PMlo, and PM2.5. While these thresholds are the only thresholds available for numerically determining significance, it should be noted that these thresholds were specifically developed for use in determining significance for individual projects and not for program -level documents, such as the General Plan. However, as emissions for VOC, NOx, PMio, and PM2.5 exceed regulatory thresholds, the regional operational emissions would be potentially significant. Findings of Fact and Statement of Overriding Considerations Page 12 of 48 With respect to operational emissions, future development under the General Plan Update would be required to comply with AQMP, SIP, CARB, SCAQMD regulations, Title 24 energy efficiency standards, and the proposed General Plan Update policies and actions. However, as there is no way to determine the extent to which these regulations will be, or need to be, implemented, nor the effectiveness of the mitigation for individual projects, it is impossible to determine if potential impacts would be reduced to below regulatory thresholds. Additionally, there are no feasible mitigation measures or alternatives beyond strategies in these plans that would reduce impacts to less -than -significant levels. Therefore, long-term regional operational emissions would be significant and unavoidable. (b) The following General Plan Goals and Policies are proposed to address the impact: RC-P-28, RC-P-30, RC-P-33, RC-P-34, RC-P-37, and CR-P-6 (c) The following Mitigation Measures have been identified in the Final EIR to reduce this impact: MM-AQ-1 Construction Features. Future development projects implemented under the General Plan will be required to demonstrate consistency with SCAQMD construction emission thresholds. Where emissions from individual projects exceed SCAQMD thresholds the following measures shall be incorporated, as necessary, to minimize impacts. These measures do not exclude the use of other, equally effective mitigation measures. • Require all off -road diesel equipment greater than 50 horsepower (hp) used for this Project to meet USEPA Tier 4 final off -road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) devices including a California Air Resources Board Certified Level 3 Diesel Particulate Filter or equivalent. This PDF will reduce diesel particulate matter and NOX emissions during construction activities. • Require a minimum of 50 percent of construction debris be diverted for recycling. • Require building materials would contain a minimum 10 percent recycled content. • Require materials such as paints, primers, sealants, coatings, and glues to have a low volatile organic compound concentration compared to conventional products. If low VOC materials are not available, Findings of Fact and Statement of Overriding Considerations Page 13 of 48 architectural coating phasing should be extended sufficiently to reduce the daily emissions of VOCs. MM-AQ-2 Future development. Under the Proposed Project would be required to demonstrate consistency with SCAQMD's operational thresholds. For projects where operational emissions exceed regulatory thresholds the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of their project. • Develop a project specific TDM program for residents and/or employees that provides opportunities for carpool/vanpools. • Provide onsite solar/renewable energy in excess of regulatory requirements. • Require that owners/tenants of non-residential or multi -family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties. • Require dripless irrigation and irrigation sensor units that prevent watering during rain storms. • Ensure all parking areas are wired capability of future EV charging and include EV charging stations that exceed regulatory requirements. Notwithstanding the implementation of the recommended mitigation measures and the project's adherence to applicable standard conditions, uniform codes, and SCAQMD rules and regulations, other than through a substantial reduction in the size of the proposed project and/or reduction in the daily concentration of asphalt and architectural coatings applied, projected construction -term ROG emissions would remain at levels in excess of the SCAQMD's recommended threshold criteria. 4.1.2 Impact 3.2-3 Implementation of the Proposed Project would expose sensitive receptors to substantial pollutant concentrations. Finding: The City Council hereby makes Finding 3. Findings of Fact and Statement of Overriding Considerations Page 14 of 48 Facts in Support of Finding: (a) Local Air Quality Operational Impacts - SCAQMD recommends the evaluation of localized air quality impacts on sensitive receptors in the immediate vicinity of the Proposed Project. However, the impacts are based on specific equipment and operations. Because the exact nature, location, and operation of the future developments are unknown, quantification of potential localized operational risk would be speculative. However, as operation of these future developments will occur within close proximity of sensitive receptors, there is the potential for localized emissions to exceed regulatory levels. Therefore, localized operational emissions with respect to the Proposed Project would be potentially significant. Toxic Air Contaminants (TAC) - Construction and operation of the Proposed Project would result in emissions of TAC, predominantly from diesel particulate emissions from on- and off -road vehicles during construction and from the operation of diesel fueled equipment or generators during operational activities. Because the exact nature, location, and operation of the future developments are unknown, and because health risk impacts from TACs are cumulative over the life of the nearby receptors, quantification of potential health risks would be speculative. However, as construction and operation of these future developments will occur within close proximity of sensitive receptors, there is the potential for risk to exceed regulatory levels. Therefore, health risk with respect to the Proposed Project would be potentially significant. Health Impacts - Because regional emissions exceed the SCAQMD regulatory thresholds during construction and operational activities, there is the potential that these emissions would exceed the CAAQS and NAAQS thus resulting in a health impact. Without knowing the exact specifications for all projects to be developed under the General Plan Update, there is no way to accurately calculate the potential for health impacts from the overall Proposed Project. Individual projects will be required to provide their own environmental assessments to determine health impacts from the construction and operation of their projects. Because there is no way to determine the potential for these projects to affect health of sensitive receptors within the City of Diamond Bar, the Proposed Project would result in potentially significant health impacts. (b) The following General Plan Goals and Policies are proposed to address the impact: RC-P-28, RC-P-30, RC-P-33, RC-P-34, RC-P-35, RC-P-37, and CR-P-7 Findings of Fact and Statement of Overriding Considerations Page 15 of 48 (c) The following Mitigation Measures have been identified in the Final EIR to reduce this impact: Implementation of Mitigation Measure MM-AQ-1 (detailed under Impact 3.2-2) would reduce impacts with respect to toxic air contaminants, as well as health impacts by reducing emissions of criteria pollutants due to more efficient construction equipment. With respect to local operational emissions, and construction and operational toxic air contaminant emissions and health impacts, future development under the General Plan would be required to comply with AQMP, SIP, CARB, SCAQMD regulations, Title 24 energy efficiency standards, and the proposed General Plan policies and actions. Implementation of mitigation measure MM-AQ-1 would also reduce criteria pollutant emissions. However, as there is no way to determine the extent to which these regulations will be, or need to be, implemented, nor the effectiveness of the mitigation for individual projects, it is impossible to determine if potential impacts would be reduced to below regulatory thresholds. Additionally, there are no feasible mitigation measures or alternatives beyond strategies in these plans that would further reduce impacts. Therefore, localized operational impacts, construction and operational health and toxic air impacts would remain significant and unavoidable. 4.1.3 Impact 3.2-4 Implementation of the Proposed Project would result in other emissions (such as those leading to odors adversely affecting a substantial number of people). Finding: The City hereby makes Finding 3. Facts in Support of Finding (a) Regional Operational Emissions - As identified in Table 3.2-6 of the Draft EIR, operational emissions for the Proposed Project would exceed regulatory thresholds for CO. Emissions of SOx are well below regulatory thresholds. While these thresholds are the only thresholds available for numerically determining significance, it should be noted that these thresholds were specifically developed for use in determining significance for individual projects and not for program level documents such as the General Plan. However, as emissions for CO exceed regulatory thresholds, the regional operational emissions would be potentially significant. (b) The following General Plan Goals and Policies are proposed to address the impact: Findings of Fact and Statement of Overriding Considerations Page 16 of 48 RC-P-28, RC-P-30, RC-P-33, RC-P-34, RC-P-35, RC-P-37, and CR-P-7 (c) No feasible mitigation measures or alternatives are available to address this regional impact. 4.2 Cultural, Historic, and Tribal Cultural Resources 4.2.1 Impact 3.4-1 Implementation of the Proposed Project would cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5 of the CEQA Guidelines. Findin : The City hereby makes Finding 3. Facts in Support of Finding: (a) Future development proposals initiated under the General Plan have the potential to cause a substantial adverse change to historical resources as defined by CEQA Guidelines Section 15064.5. Moreover, the California Office of Historic Preservation considers 45 years to be the age threshold for consideration of resources to be potentially historical, and there are numerous properties within the City that are more than 45 years old. Without information on specific future projects, or a Citywide historic resources survey to identify and/or dismiss the historic significance of structures more than 45 years old, it is impossible to know if future development will avoid impacts on historical resources. It is thus reasonable to assume that future development proposals initiated under the proposed General Plan that include demolition or substantial alteration of buildings could affect identified historic structures, and there are no feasible mitigation measures or alternatives to reduce these impacts to less -than significant levels. Therefore, even with mitigation, impacts on historical resources would be significant and unavoidable under the Proposed Project. (b) The following General Plan Goals and Policies are proposed to address the impact: LU-G-17, LU-G-21, LU-P-8, LU-P-12, LU-P-18, CC-G-4, CC-G-16, CC-P-30, RC-G-15, and RC-P-45 (c) The following Mitigation Measure has been identified in the Final EIR to reduce this impact: Findings of Fact and Statement of Overriding Considerations Page 17 of 48 MM-CULT-1 Evaluation of Potential Historical Resources. Prior to development of any project on a parcel containing at least one structure more than 45 years old and until such time a Citywide historic resource survey is completed, the project proponent shall retain a qualified architectural historian, defined as meeting the Secretary of the Interior's Professional Qualification Standards for architectural history, to conduct a preliminary assessment. If the property appears to be potentially eligible for a local, state and/or federal listing, a full historic resources assessment shall be required. A full historic resources assessment shall include: a records search at the South Central Coastal Information Center; a review of pertinent archives, databases, and sources; a pedestrian field survey; recordation of all identified historic resources on California Department of Parks and Recreation 523 forms; and preparation of a technical report documenting the methods and results of the assessment. All identified historic resources will be assessed for the project's potential to result in direct and/or indirect effects on those resources and any historic resource that may be affected shall be evaluated for its potential significance under national and state criteria prior to the City's approval of project plans and publication of subsequent CEQA documents. The qualified architectural historian shall provide recommendations regarding additional work, treatment, or mitigation for affected historical resources to be implemented prior to their demolition or alteration. Impacts on historical resources shall be analyzed using CEQA thresholds to determine if a project would result in a substantial adverse change in the significance of a historical resource. If a potentially significant impact would occur, the City shall require appropriate mitigation to lessen the impact to the degree feasible. This mitigation measure shall not apply to minor projects that would otherwise qualify for an exemption under CEQA, such as, but not limited to, room additions, reroofs, and the removal of minor accessory structures and landscaping projects. 4.3 Public Facilities and Recreation 4.3.1 Impact 3.11-2 Implementation of the Proposed Project would increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. (Impact 3.1 1-2) Finding: The City hereby makes Finding 3. Findings of Fact and Statement of Overriding Considerations Page 18 of 48 Facts in Support of Finding: (a) The General Plan Update establishes a parkland/recreational space standard of 5.0 acres per 1,000 residents. The City's current inventory of parkland (i.e., community parks, neighborhood parks and mini neighborhood parks) consists of 151.9 acres. In addition, one new City park is planned on 2.8 acres of land at the westerly terminus of Sunset Crossing Road, bringing the total to 154.7 acres. Using the City's 2016 population estimate of 57,081, the current parkland ratio is 2.7 acres per 1,000 residents. Although the General Plan Update includes policies to ensure ongoing expansion, investment in and maintenance of City park and recreation facilities, such facilities currently must serve more residents than the General Plan sets as a standard. Impacts associated with potential substantial deterioration of park and recreation facilities are thus significant and unavoidable. Calculation of the parkland ratio does not include the 134.9 acres of parkland from the Country Park, which is a private amenity, or the proposed 100 acres of parkland associated with the Community Core Overlay, given that Los Angeles County has not ceased operation of the golf course. Conversion of these two areas would increase the parkland ratio but is not feasible at the time of analysis. A significant amount of land in Diamond Bar would need to be converted to public parkland to reduce the impact to a level that is less than significant. Therefore, the impact remains significant and unavoidable. (b) The following General Plan Goals and Policies are proposed to address the impact: PF-G-1, PF-G-2, PF-G-3, PF-P-1, PF-P-2, PF-P-3, PF-P-6, PF-P-7, PF-P-B, PF-P-9, PF-1 1, PF-P-12, PF-P-13, PF-P-14, PF-P-15, PF-P-16, PF-P-17, PF-P-18, PF-P-19, PF-P-20, PF-P-21, PFP-22, PF-P-23, PF-P-24, LU-P-2, LU-P-5, LU-P-19, LU-G-27, LU-P-52, LU-P-53, RC-G-1, and RC-G-2 (c) No feasible mitigation measures or alternatives are available to address this impact. 4.4 Transportation 4.4.1 Impact 3.12-2 Implementation of the Proposed Project would conflict with or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). Findings of Fact and Statement of Overriding Considerations Page 19 of 48 Findina: The City hereby makes Finding 3. Facts in Support of Finding: (a) In the category of transportation, a significant impact would occur if vehicle miles traveled (VMT) per person exceeds baseline conditions. Even though the General Plan Update promotes infill, mixed -use development patterns, the development of a multi -modal transportation network that would provide transportation alternatives to the single -occupant vehicle and encourage complete streets, and other transportation demand management measures, anticipated VMT under the General Plan Update will exceed baseline conditions for the foreseeable future. (b) The following General Plan Goals and Policies are proposed to address the impact: CR-G-1, CR-G-2, CR-G-3, CR-G-4, CR-G-5, CR-G-6, CR-G-8, CR-G-11, CR-G-12, CR-G-13, CR-G-14, CR-P-1, CR-P-2, , CR-P-3, CR-P-4, CR-P-5, CR-P-6, CR-P-7, CR-P-8, CR-P-9, CR-P-10, CR-P-1 1, CR-P-12, CR-P-15, CR-P-16, CR-P-22, CR-P-23, CR-P-24, CR-P-25, CR-P-26,CR-P-30, CR-P-31, CR-P-32, CR-P-33, CR-P-34, CR-P-35, CR-P-37, CR-P-38, CR-P-39, CR-P-40, CR-P-41, CR-P-42, CR-P-43, CR-P-44, CR-P-46, CRP-47, CR-P-48, CR-P-49, CR-P-50, CR-P-51, CR-P-52, CR-P-53, CR-P-54, CR-P-55, CR-P-57, CR-P-59 and CR-P-67 (c) No feasible mitigation measures or alternatives are available to address this impact that are not already incorporated into the proposed General Plan Policies. The City shall implement all policies identified in the proposed General Plan Circulation Chapter to reduce the demand for vehicle travel within and through the Planning Area, as well as work with local, regional, and state agencies to implement regional transportation improvements. Additionally, new developments would be required to evaluate their project -specific impacts on the transportation system and fund improvements to maintain acceptable levels of service, except where exemptions are identified in the Transportation and Circulation Element of the proposed General Plan Update. However, even with implementation of these policies, the impact could remain significant and unavoidable. Findings of Fact and Statement of Overriding Considerations Page 20 of 48 5.0 Findings Regarding Potentially Significant but Mitigable Impacts 5.1 Biological Resources 5.1.1 Impact 3.3-1 Implementation of the Proposed Project would not have an adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. Finding: The City hereby makes Finding 1. Facts in Support of Finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 3.3 in the Final EIR and that analysis is incorporated by reference herein. (b) The following General Plan Goals and Policies are proposed to address the impact: RC-G-4, RC-G-5, RC-G-6, RC-P-9, RC-P-10, RC-P-11, RC-P-13, RC-P-14, RC-P- 15 and RC-P-24 (c) The following Mitigation Measures have been identified in the Final EIR to reduce this impact to a level below significance: MM-B1O-1 A Preconstruction Surveys for Special -Status Plants: To mitigate impacts on special status plant species, the applicant shall implement the following measures: • Prior to initiating disturbance activities, clearance surveys for special - status plant species shall be performed by a qualified biologist(s) within the boundaries of the future project disturbances. If any special -status plants are found on the Planning Area, a qualified biologist(s) with a CDFG Scientific Collection Permit shall prepare a plan to relocate these species to suitable habitats within surrounding public open space areas Findings of Fact and Statement of Overriding Considerations Page 21 of 48 that would remain undisturbed. For those species that cannot be physically transplanted, the biologist(s) shall collect seeds from the plants. • To the extent feasible, the preconstruction surveys shall be completed when species are in bloom, typically between May and June. Two species, the white rabbit -tobacco and San Bernardino aster, are perennial herbs that grow up to three feet in height and can be identified by their dried stalks and leaves following their blooming period. MM-B10-1 B Special -Status Plant Planting Plan: Prior to any ground disturbance for projects that have the potential to cause direct or indirect impacts on special -status plants, the project applicants shall prepare a Special Status Plant Planting Plan for the species to be transplanted. At a minimum, the plan shall include a description of the existing conditions of the project and receiver site(s), transplanting and/or seed collection/off-site seeding or installation methods, a two-year monitoring program, any other necessary monitoring procedures, plant spacing, and maintenance requirements. The City shall also require proof that the plan preparer consulted with US Fish and Wildlife Service personnel or appropriate herbarium botanists in order to maximize transplanting success. MM-BIO-IC Listed Endangered and Threatened Plants: In addition to MM BIO-1 A and 1 B, the City shall require the project applicant to provide proof of the US Fish and Wildlife Service permitting the take of listed endangered and threatened plants. The FESA does not address listed plants on private property. However, if a federal action is required for a project (funding, Clean Water Act compliance, etc.), a permit from the USFWS to take a listed species is required. MM-B10-1 D Environmental Awareness Program: In order to reduce indirect impacts on special -status plants, sensitive natural communities, preserved open space and wildlife corridors, the City shall implement the following measures: • The City shall implement an Environmental Awareness Program on its website intended to increase awareness to residents and city workers of the sensitive plants, wildlife and associated habitats that occur in the preserved open space areas. The intention of the program shall be to encourage active conservation efforts among the residents and city to Findings of Fact and Statement of Overriding Considerations Page 22 of 48 help conserve the habitats in the preserved open space. The program shall address impacts associated with the introduction of invasive plant species as a result of new development. At a minimum, the Environmental Awareness Program shall include the following components: o Informational kiosks shall be added or modified at entrance points to hiking and equestrian trails to inform city workers, residents and trail users on the sensitive flora and fauna that rely on the habitats found within the preserved open space. The intent of these kiosks is to bring awareness to the sensitive plants, wildlife and associated habitats which occur in the area. o For informational purposes, the City shall provide future project applicants a brochure which includes a list of plant species to avoid in residential landscaping near natural areas to prevent the introduction of invasive plant species to the surrounding natural communities. MM-BIO-1 E Preconstruction Surveys for Special -Status Wildlife: Within one (1) week prior to Initiating disturbance activities, clearance surveys for special -status animal species shall be performed by a qualified biologist(s) within the boundaries of the future project disturbances. If any special -status animals are found on the site, a qualified biologist(s) with a CDFW Scientific Collection Permit shall relocate these species to suitable habitats within surrounding open space areas that would remain undisturbed, unless the biologist determines that such relocation cannot reasonably be accomplished at which point CDFW will be consulted regarding whether relocation efforts should be terminated. Relocation methods (e.g., trap and release) and receiver sites shall be verified and approved by the CDFW prior to relocating any animals. MM-BIO-1 F Listed Endangered or Threatened Wildlife: Prior to approval of individual projects that have the potential to cause direct or indirect impacts on suitable habitat for federally or state listed endangered or threatened species, the City shall require a habitat evaluation to be completed by a qualified biologist well versed in the requirements of the associated species to be completed. If no suitable habitat for listed species is identified within 300 feet of construction or maintenance activities, no further measures would be required in association with the project. If suitable habitat for the species is identified within 300 feet of such activities, prior to construction, the City shall require that a survey be completed by a qualified biologist for the species in accordance with protocols established by the US Fish and Findings of Fact and Statement of Overriding Considerations Page 23 of 48 Wildlife Service. Table 3.3-5 provides a listing of endangered and threatened species by habitat type and potential for occurrence. In the event a state or federal listed species is determined to occupy the proposed Planning Area or its immediate surroundings, the CDFW and/or USFWS shall be consulted, as required by CESA and/or FESA. In order to address and acknowledge the potential for listed species to occur within the Planning Area or be impacted by future development projects, this assessment acknowledges future actions by state and federal resource agencies in addition to the analyses necessary and required under CEQA. Compensation is likely to include one or more of the following on- or off -site measures: dedication/preservation of suitable habitat for the species; habitat enhancement/creation; and provisions for long-term habitat management. Table 3.3-5 Focused Habitat Evaluations and Surveys Suitable Habitat Type Species to Be Surveyed Potential for Occurrence Native Oak and Walnut Braunton's milk vetch Moderate Woodlands Native Shrublands and Scrub Coastal California High gnatcatcher Moderate Braunton's milk vetch Riparian Woodlands and Willow flycatcher Low Scrub Least Bell's vireo Moderate Tri-colored blackbird Moderate MM-B10-1G Nesting Bird Surveys: All vegetation clearing for construction and fuel modification shall occur outside of the breeding bird season, if feasible, to ensure that no active nests would be disturbed unless clearing and/or grading activities cannot be avoided during that time period. If clearing and/or grading activities cannot be avoided during the breeding season, all suitable habitats shall be thoroughly surveyed for the presence of nesting birds by a qualified biologist prior to removal. Suitable nesting habitat on the Planning Area includes grassland, scrub, chaparral, and woodland communities. If any active nests are detected, the area shall be flagged, along with a 300-foot buffer for song birds and a 500-foot buffer for raptorial birds (or as otherwise appropriate buffer as determined by the surveying biologist), and shall be avoided until the nesting cycle is complete or it is determined by the surveying biologist that the nest is no longer active. Findings of Fact and Statement of Overriding Considerations Page 24 of 48 MM-B1O-1 H Protection of Eagle Nests: No development or project activities shall be permitted within one-half mile of a historically active or active golden eagle nest unless the planned activities are sited in such a way that the activity has minimal potential to cause abandonment of the nesting site, as determined by a qualified biologist. In addition, the eagle nest (if active) shall be monitored by a biologist who is highly familiar with the signs of eagle distress during the project development activities. The monitoring shall continue until the monitoring biologist is confident the nest will not be disturbed. The monitoring biologist shall have the authority to stop project activities as needed. MM-B1O-11 Use of Buffers Near Active Bat Roosts: During the November 1 to March 31 hibernation season, construction activities shall not be conducted within 100 feet of woodland habitat that provides suitable bat roosting habitat. Bat presence is difficult to detect using emergence surveys during this period due to decreased flight and foraging behavior. If a qualified biologist who is highly familiar with bat biology determines that woodland areas do not provide suitable hibernating conditions for bats and they are unlikely to be present in the area, work may commence as planned. MM-BIO-1J Bat Maternity Roosting Season: Night-time evening emergence surveys and/or internal searches within large tree cavities shall be conducted by a qualified biologist who is highly familiar with bat biology during the maternity season (April 1 to August 31) to determine presence/absence of bat maternity roosts near wooded project boundaries. All active roosts identified during surveys shall be protected by a buffer to be determined by a qualified bat biologist. The buffer will be determined by the type of bat observed, topography, slope, aspect, surrounding vegetation, sensitivity of roost, type of potential disturbance, etc. Each exclusion zone would remain in place until the end of the maternity roosting season. If no active roosts are identified, then work may commence as planned. Survey results are valid for 30 days from the survey date. Should work commence later than 30 days from the survey date, surveys should be repeated. MM-B1O-1 K Bat Roost Replacement: All special -status bat roosts that are destroyed by the project must be documented and shall be replaced at a 1:1 ratio on - or off -site with a roost suitable for the displaced species (e.g., bat houses for colonial roosters). The design of such replacement habitat shall be coordinated with CDFG. The new roost shall be in place prior to the time that the bats are expected to use the roost as determined by a qualified Findings of Fact and Statement of Overriding Considerations Page 25 of 48 biologist who is highly familiar with bat biology, and shall be monitored periodically for five (5) years to ensure proper roosting habitat characteristics (e.g., suitable temperature and no leaks). The roost shall be modified as necessary to provide a suitable roosting environment for the target bat species. 5.1.2 Impact 3.3-2 Implementation of the Proposed Project would not have an adverse effect on a riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or US Fish and Wildlife Service. Finding: The City hereby makes Finding 1. Facts in Support of Finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 3.3 in the Final EIR and that analysis is incorporated by reference herein. (b) The following General Plan Goals and Policies are proposed to address the impact: RC-G-4, RC-G-5, RC-P-9, RC-P-10, RC-P-11, RC-P-12 and RC-P-24 (c) The following Mitigation Measures have been identified in the Final EIR to reduce this impact to a level below significance: MM-1131O-2 Sensitive Natural Communities: To mitigate impacts on sensitive shrubland and scrub natural communities, project applicants shall implement the following mitigation measures prior to any ground disturbance: • If avoidance cannot be reasonably accomplished, impacts on any shrubland, scrub or woodland alliance indicated as sensitive in Table 3.3- 2 shall be mitigated through on- or off -site restoration/enhancement. For off -site restoration/enhancement, the applicant shall acquire mitigation land of similar habitat at a ratio of at least I:l. On -site restoration/enhancement shall also be completed at a ratio of at least 1:1. Findings of Fact and Statement of Overriding Considerations Page 26 of 48 • For projects that have the potential to result in direct or indirect impacts on sensitive natural communities, a habitat restoration plan shall be prepared prior to any ground disturbance. The Plan shall include adaptive management practices as specified by the Department of the Interior to achieve the specified ratio for restoration/enhancement. At a minimum, the Plan shall include a description of the existing conditions of the receiver site(s), goals and timeline, installation methods, monitoring procedures, plant spacing, adaptive management strategies, and maintenance requirements to ensure the sensitive communities referred to above re-established successfully at the ratios set forth above. MM-B10-3 Jurisdictional Waters: To mitigate for impacts on jurisdictional waters, the applicant shall implement the following measures in consultation with the regulating agencies (USACE, CDFW, and RWQCB, where applicable) over the course of the project: The applicant shall provide on- and off -site replacement and/or restoration/enhancement of USACE, RWQCB and CDFG jurisdictional waters and wetlands at a ratio no less than 1.5:1 and/or include the purchase of mitigation credits at an agency -approved off -site mitigation bank. 2. If replacement and/or restoration/enhancement would occur, a restoration plan shall be prepared that describes the location of restoration and provides for replanting and monitoring for a three-year period following construction. MM-B10-4 Oak Woodlands: In the event a future project would result in the loss of an oak woodland, the project shall be subject to the mitigation requirements set forth in the Los Angeles County Oak Woodland Conservation Management Plan Guide. If a future project cannot be redesigned to avoid impacts on oak woodland, then one of the following measures shall be implemented: • Acquire oak woodland habitat that is comparable to the habitat that was impacted at a ratio of 1:1. Restore degraded oak woodlands o Off -site restoration should be prioritized over on -site restoration and where feasible, should be located nearby the impacted property, preferably within the same watershed or sub -drainage as deemed Findings of Fact and Statement of Overriding Considerations Page 27 of 48 appropriate by a qualified biologist, or within the same planning area as the impacted property. Off -site restoration may include any of the following: acquiring off -site fee title for oak woodland habitat; replacement planting; and/or restoring moderately or severely degraded oak woodlands (more specifically, removing exotics and restoring appropriate native plant diversity). o On -site restoration of a ratio of at least 1:1 should be utilized when circumstances at the site allow for long-term sustainability of the replacement plantings, the potential to expand/connect to adjacent oak woodlands, and/or the improvement of degraded oak woodlands. If possible, on -site restoration areas should be located adjacent to preserved natural space. The project applicant shall replace/restore lost canopy area. More specifically, the project applicant shall provide mitigation trees of the same Oak species. All replacement trees should be planted on native undisturbed soil and should be the same species of oak (Quercus sp.) as the removed tree with appropriate associated native vegetation in the understory. The location of the replacement tree should be in the vicinity of other oak trees of the same species. If replacement trees cannot be planted on native undisturbed soil or are not in the vicinity of the same species of oak (Quercus sp.) as the removed tree, the city may require implementation of additional measures as listed in MM-BIO-4 to ensure that trees thrive. Mitigation areas or land should be at a minimum of two (2) to one (1) canopy cover area for the amount removed. This is the expected canopy extent of mature trees. All mitigation areas or land should be placed in a conservation easement within six months of a project's completion. If a conservation easement is not possible, the land shall be protected in perpetuity by other means deemed acceptable by the City. Mitigation land may be designated public open space by the City if deemed appropriate per the description of Open Space found in Chapter 2: Land Use of the proposed General Plan Update. Project mitigation shall be monitored and reported on over a seven-year period and shall incorporate an iterative process of annual monitoring and evaluation of progress and allow for adjustments to the program, as necessary, to achieve desired outcomes and meet success criteria. Annual reports discussing the implementation, monitoring, and management of the mitigation project shall be submitted to the City and should contain the following components: description of the project impact and mitigation site; specific objectives/success criteria, evaluated based on approved survival rates and percent cover of planted native species; control of invasive plant and animal species within the mitigation site; monitoring and Findings of Fact and Statement of Overriding Considerations Page 28 of 48 maintenance activities conducted since the previous report; and any contingency measures implemented since the previous report. Success criteria should be based on a reference site supporting the desired oak species and understory that the mitigation site is designed to achieve. Once the mitigation project has been completed, the applicant shall submit a final report to the City. The report shall discuss the implementation, monitoring and management of the mitigation project over the seven-year period, and indicates whether the mitigation project has, in part, or in whole, been successful based on established success criteria. The project shall be extended if success criteria have not been met at the end of the seven-year period to the satisfaction of the City. MM-B10-5 Walnut Woodlands: In the event a future project would result in the loss of a walnut woodland, then one of the following measures shall be implemented: • Acquire walnut woodland habitat that is comparable to the habitat that was impacted at a ratio of 1:1. • Restore degraded walnut woodlands. o Off -site restoration should be prioritized over on -site restoration and where feasible, should be located nearby the impacted property, preferably within the same watershed or sub -drainage as deemed! appropriate by a qualified biologist, or within the same planning area as the impacted property. Off -site restoration may include any of the following: acquiring off -site fee title for walnut woodland habitat; replacement planting; and/or restoring moderately or severely degraded walnut woodlands (more specifically, removing exotics and restoring appropriate native plant diversity). o On -site restoration of a ratio of at least 1:1 should be utilized when circumstances at the site allow for long-term sustainability of the replacement plantings, the potential to expand/connect to adjacent walnut woodlands, and/or the improvement of degraded walnut woodlands. If possible, on -site restoration areas should be located adjacent to preserved natural space. The project applicant shall replace/restore lost canopy area. More specifically, the project applicant shall provide mitigation trees of the same species comprising the walnut woodland, including the constituent or co - dominant oak species. All replacement trees should be planted on native undisturbed soil and should be the same species of walnut (Juglans sp.) and oak (Quercus sp.) as the removed tree with Findings of Fact and Statement of Overriding Considerations Page 29 of 48 appropriate associated native vegetation in the understory. The location of the replacement tree should be in the vicinity of other trees of the same species. If replacement trees cannot be planted on native undisturbed soil or are not in the vicinity of the same species as the removed tree, the city may require implementation of additional measures as listed in MM-131O-5 to ensure that trees thrive. Mitigation areas or land should be at a minimum of two (2) to one (1) canopy cover area for the amount removed. This is the expected canopy extent of mature trees. All mitigation areas or land should be placed in a conservation easement within six months of a project's completion. If a conservation easement is not possible, the land shall be protected in perpetuity by other means deemed acceptable by the City. Mitigation land may be designated public open space by the City if deemed appropriate per the description of Open Space found in Chapter 2: Land Use of the proposed General Plan Update. Project mitigation shall be monitored and reported on over a seven-year period and shall incorporate an iterative process of annual monitoring and evaluation of progress and allow for adjustments to the program, as necessary, to achieve desired outcomes and meet success criteria. Annual reports discussing the implementation, monitoring, and management of the mitigation project shall be submitted to the City and should contain the following components: description of the project impact and mitigation site; specific objectives/success criteria, evaluated based on approved survival rates and percent cover of planted native species; control of invasive plant and animal species within the mitigation site; monitoring and maintenance activities conducted since the previous report; and any contingency measures implemented since the previous report. Success criteria should be based on a reference site supporting the desired walnut woodland species and understory that the mitigation site is designed to achieve. Once the mitigation project has been completed, the applicant shall submit a final report to the City. The report shall discuss the implementation, monitoring and management of the mitigation project over the seven-year period, and indicates whether the mitigation project has, in part, or in whole, been successful based on established success criteria. The project shall be extended if success criteria have not been met at the end of the seven-year period to the satisfaction of the City. 5.1.3 Impact 3.3-3 Implementation of the Proposed Project would not have an adverse effect on State or federally protected wetlands (including, but not limited to, marsh, vernal Findings of Fact and Statement of Overriding Considerations Page 30 of 48 pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means. Finding: The City hereby makes Finding 1. Facts in Support of Finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 3.3 in the Final EIR and that analysis is incorporated by reference herein. (b) The following General Plan Goals and Policies are proposed to address the impact: LU-P-2, LU-P-56, RC-G-4, RC-P-1 1, RC-P-12 and RC-P-24 (c) The following Mitigation Measures have been identified in the Final EIR to reduce this impact to a level below significance: If and when avoidance of drainage features is not feasible, the City shall implement Mitigation Measures MM-BIO-2 and MM-1310-3 (see description under Impact 3.3-2), which require project applicants to adopt compensatory measures in consultation with and as required by permitting regulating agencies (USACE, CDFG, and RWQCB). The specific compensatory measures required will be determined at the time of permitting. However, MM-1310-2 and MM-BIO-3 require one of more of the following: habitat conservation; payment of in lieu fees to restoration/conservation funds; implementation of on- and off -site replacement and/or restoration/enhancement; and preparation of a restoration plan. Under the purview of the permitting agencies, these mitigation measures would reduce impacts on federally- and state - protected wetlands to a less than significant level. 5.1.4 Impact 3.3-4 Implementation of the Proposed Project would not interfere with the movement of any native resident or migratory fish orwildlife species orwith established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. Findings of Fact and Statement of Overriding Considerations Page 31 of 48 Finding: The City hereby makes Finding 1. Facts in Support of Finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 3.3 in the Final EIR and that analysis is incorporated by reference herein. (b) The following General Plan Goals and Policies are proposed to address the impact: RC-P-1, RC-P-9, RC-P-12, and RC-P-24 (c) The following Mitigation Measures have been identified in the Final EIR to reduce this impact to a level below significance: MM-1111O-6 Wildlite Movement Corridor: In order to ensure the existing integrity of the Tonner Canyon movement corridor, the following land use design criteria shall be adhered to when reviewing future projects: Corridor Features • The corridor should be as wide as possible. The corridor width may vary with habitat type or target species, but a rule of thumb is about a minimum of 1,000 feet wide (but larger if possible). • Maintain as much natural open space as possible next to any culverts and road undercrossings to encourage the use of these by wildlife. • Maximize land uses adjacent to the corridor that reduce human impacts on the corridor. • Avoid development or other impacts to project into the corridor to form impediments to movement and increase harmful edge effects. • If development is to be permitted next to the corridor, put conservation easements on adjacent lots to prohibit structures nearest the corridor. Develop strict maximum brightness restrictions for development adjacent to the corridor to prevent light trespass into the corridor. Lights must be directed downward and inward toward the development. Findings of Fact and Statement of Overriding Considerations Page 32 of 48 Culvert Design Bridged undercrossings are preferable. • If a bridge is not possible, use a 12-foot by 12-foot box culvert or bigger for larger animals. • Install a small, one -foot diameter tube parallel to the large box culvert for small animals. The upstream end of the small tube should be a few inches higher than the bottom of the upstream end of the box culvert, so that it will stay dry and free of debris. • The culvert bottoms should be as close as possible to any canyon bottom and not be perched up a fill slope. • Use natural substrate on the bottom of the culvert, such as dirt with pebbles. • On roads above the undercrossings and culverts, install speed bumps and wildlife crossing signs to slow the cars, and avoid street lighting to facilitate use of the crossing. • Plant and maintain vegetative cover (shrubs and low cover) near the entrance -exits of the culverts, without visually or physically blocking the entries. • Install appropriate fencing (at least six feet in height) to funnel animals towards the undercrossings and culverts. Vegetation Restoration • Require maintenance or restoration of native vegetation, and long- term management. • Develop an adequate endowment program for restoration and management of the corridor. • Plant native trees, shrubs, and other plants to provide food and cover, as well as nesting opportunities for birds. Management and Enforcement (a) If housing is to be permitted adjacent to the corridor, require the homeowners associations or each homeowner to maintain —on their own property —a mowed, 30-foot to 60-foot buffer along a flat or slightly Findings of Fact and Statement of Overriding Considerations Page 33 of 48 sloped grade between the native vegetation in the corridor and each adjacent lot, for fire abatement. • Avoid fencing in the corridor that would bottleneck the corridor. • Unleashed domestic pets should not be allowed in the corridor. • Educate each landowner adjacent to the corridor about the regulations (lighting, mowing the buffer, no trespass, do not place pet food outside, etc.) and develop a pamphlet and convene a community meeting. In appropriate locations, install educational signs about the corridor and the species that could potentially use the corridor. 5.1.5 Impact 3.3-6 Implementation of the Proposed Project would not conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Finding: The City hereby makes Finding 1. Facts in Support of Finding: (a) Project -related and cumulative impacts to Biological Resources are addressed in Section 3.3 in the Final EIR and that analysis is incorporated by reference herein. (b) The following General Plan Goals and Policies are proposed to address the impact: RC-G-1, RC-G-3, RC-G-4, RC-P-3, RC-P-4, RC-P-8, RC-P-10, RC-P-1 1, RC-P-12 (c) The following Mitigation Measures have been identified in the Final EIR to reduce this impact to a level below significance: The Proposed Project could result in direct and indirect impacts on wildlife movement corridors and therefore conflict with the efforts of the Puente - Chino Hills Wildlife Corridor conservation program. However, consistency with proposed General Plan Update policies for Open Space and Resource Conservation, and implementation of Mitigation Measure MM-131O-6 as discussed under Impact 3.3-4 would reduce potential impacts to less than significant. Findings of Fact and Statement of Overriding Considerations Page 34 of 48 5.2 Cultural, Historic, and Tribal Cultural Resources 5.2.1 Impact 3.4-1 Implementation of the Proposed Project would not cause a substantial adverse change in the -significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5. Finding: The City hereby makes Finding 1. Facts in Support of Finding: (a) Project -related and cumulative impacts to Cultural, Historic and Tribal Cultural Resources are addressed in Section 3.4 in the Final EIR and that analysis is incorporated by reference herein. (b) The following General Plan Goals and Policies are proposed to address the impact: RC-G-15, RC-P-46, RC-P-47, RC-P-48 (c) The following Mitigation Measures have been identified in the Final EIR to reduce this impact to a level below significance: MM-CULT-2 Prior to development of a project that involves ground disturbance, the project proponent shall retain a qualified archaeologist, defined as meeting the Secretary of the Interior's Professional Qualification Standards for archaeology, to conduct an archaeological resources assessment including: a records search at the South Central Coastal Information Center; a Sacred Lands File search at the Native American Heritage Commission; a pedestrian field survey; recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms; an assessment of the project area's archaeological sensitivity and the potential to encounter subsurface archaeological resources and human remains; subsurface investigation to define the horizontal and vertical extents of any identified archaeological resources; and preparation of a technical report documenting the methods and results of the study. All identified archaeological resources shall be assessed for the project's potential to result in direct and/or indirect effects on those resources and any archaeological resource that cannot be avoided shall be evaluated for its potential significance prior to the City's Findings of Fact and Statement of Overriding Considerations Page 35 of 48 approval of project plans and publication of subsequent CEQA documents. The qualified archaeologist shall provide recommendations regarding protection of avoided resources and/or recommendations for additional work, treatment, or mitigation of significant resources that will be affected by the project. This mitigation measure shall not apply to minor projects that would otherwise qualify for an exemption under CEQA, such as, but not limited to, the construction of a single-family residences, excavations for swimming pools, and landscaping projects. 5.3 Geology, Soils, and Seismicity 5.3.1 Impact 3.6-6 Implementation of the Proposed Project would not directly or indirectly destroy a unique paleontological resource or site or unique geologic feature. Findinar The City hereby makes Finding 1. Facts in Support of Finding (a) Project -related and cumulative impacts to Geology, Soils and Seismicity are addressed in Section 3.6 in the Final EIR and that analysis is incorporated by reference herein. (b) The following General Plan Policy is proposed to address the impact: RC-1-50 (c) The following Mitigation Measures have been identified in the Final EIR to reduce this impact to a level below significance: MM-GEO-1 Prior to development of projects that involve ground disturbance or excavations in undisturbed native soils, the project proponent shall retain a paleontologist meeting the Society of Vertebrate Paleontology's standards for qualified professional paleontologist (SVP, 2010) to conduct an paleontological resources assessment including: a site -specific database search at the Natural History Museum of Los Angeles County and/or other appropriate facilities (such as the University of California Museum of Paleontology); geologic map and scientific literature review; a pedestrian field survey, where deemed appropriate by the qualified Findings of Fact and Statement of Overriding Considerations Page 36 of 48 professional paleontologist; assessment of the project area's paleontological sensitivity and paleontological monitoring requirements (locations, depths, duration, timing); and preparation of a technical report that documents the methods and results of the study. The report shall be prepared prior to the City of Diamond Bar's approval of project plans and publication of subsequent CEQA documents. MM-GEO-2 The City shall require paleontological resources monitoring for any project that has a high potential for encountering subsurface paleontological resources. The location, depths, duration, and timing of monitoring shall be determined by the qualified professional paleontologist based on the sensitivity assessment in the study required as part of MM-GEO-1. Prior to the start of ground disturbance, the project proponent shall retain a qualified monitor meeting the Society of Vertebrate Paleontology's standards for paleontological resource monitors (SVP, 2010), and who shall work under the direct supervision of the qualified professional paleontologist. In the event that paleontological resources are unearthed during ground -disturbing activities, the monitor shall be empowered to halt or redirect ground -disturbing activities away from the vicinity of the discovery until the qualified professional paleontologist has determined its significance and provided recommendations for preservation in place or recovery of the resource. The monitor shall keep daily logs detailing the types of activities and soils observed, and any discoveries. After cessation of ground disturbance, the qualified professional paleontologist shall prepare a report that details the results of monitoring. 6.0 Findings Regarding Project Alternatives CEQA Guidelines Section 15126.6(a) states the following: An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decisionmaking and public participation. The creation of a Town Center is a cornerstone of the General Plan Update's Community Vision and comprises one of the Draft General Plan Update's seven Guiding Principles. A Town Center is therefore a project objective that has been accounted for in the Alternatives Analysis. As a predominantly built -out Findings of Fact and Statement of Overriding Considerations Page 37 of 48 community, however, there are very few opportunities for Town Center locations within the City. 6.1 Alternatives Selected for Evaluation Section 4 of the EIR identified and evaluated the following alternatives for the Proposed Project in accordance with CEQA Guidelines Section 15126.6: • No Proiect Alternative Under the No Project Alternative, the current General Plan would not be updated, and the Climate Action Plan would not be adopted. • Alternative 1: New Town Center at Diamond Bar Blvd./Golden Springs Drive Under Alternative 1, the Town Center would be in the some location as the Proposed Project, but would not include the Community Core Overlay; and the Transit Oriented Mixed Use focus area would be 105 acres as initially depicted on the Proposed Project Land Use Diagram, but subsequently reduced to 33 acres. • Alternative 2: New Town Center at Golf Course Alternative 2 locates the new Town Center in the portion of the golf course south of Grand Avenue, and designates the approximately 1 18-acre portion north of Grand as recreational/park space. The Diamond Bar Blvd./Golden Springs Drive area would retain its current General Commercial designation. 6.1.1 No Project Alternative The No Project Alternative represents what would be reasonably expected to occur in the foreseeable future if the Proposed Project, including the Climate Action Plan, were not adopted and the City's current General Plan was left unchanged and in use. This alternative would retain all current land use designations and definitions from the current General Plan as amended to date, and future development in the Planning Area would continue to be subject to existing policies, regulations, development standards, and land use designations of the existing Diamond Bar General Plan. Specifically, there would be no new Town Center Mixed Use, Neighborhood Mixed Use, Transit Oriented Mixed Use, or Community Core Overlay land use designations, and no additional land would be redesignated as Open Space. All Proposed Project change areas as identified in the Proposed Project would retain their existing 1995 General Plan designations. Policies concerning topics such as transportation, economic development, parks, open space, the environment, climate change, health, and housing would also remain unchanged. Findings of Fact and Statement of Overriding Considerations Page 38 of 48 Overall, the No Project Alternative is projected to result in approximately 8,895 fewer residents, 3,023 fewer housing units, and 2,889 fewerjobs than the proposed Project in 2040. Implementation of the Proposed Project would result in six (6) significant and unavoidable impacts, whereas the No Project Alternative would result in seventeen (17) significant and unavoidable impacts. The table below compares the impacts according to significance classification between the No Project and Proposed Project alternatives. r'mmnrrrtiva Nhimha► of Imnn(-fs No Less than Less than Significant Significant and Alternative Irn act Significant with Mitigation Unavoidable No Project 6 39 n/a 17 Proposed Project 4 45 7 6 Finding: The No Project Alternative would be environmentally inferior to the Proposed Project, and several objectives of the Proposed Project would not be met. Facts in Support of Finding: (a) The No Project Alternative would retain the 1995 designation of Planning Area 2, which consists of approximately 424 acres in two non-contiguous, steeply -sloped, vacant natural areas in the eastern portion of the Planning Area. No development has yet occurred in Planning Area 2 but would be permitted under the No Project Alternative. Land use changes and proposed General Plan policies included in all other Alternatives would support the preservation of open spaces by designating areas formerly designated as Planning Areas or Low Density Residential as Open Space, and therefore would reduce impacts of the No Project Alternative on scenic vistas. Moreover, by designating this area Open Space, the Proposed Project, Alternative 1 and Alternative 2 better facilitates wildlife movement and population exchange between subject area and the Puente -Chino Hills movement corridor. (b) The No Project Alternative would not include proposed General Plan policies or specific mitigation measures designed to compensate for the loss of sensitive habitats and special status species, including endangered and threatened species (MM-BIO-1 A through MM-BIO-IK). Since the 1995 General Plan was formulated there have been significant changes to the status and occurrences of these species in the study area. Based on the Findings of Fact and Statement of Overriding Considerations Page 39 of 48 findings of the Hamilton Biological Report,, the occurrences of these species in the City has increased in area of occupation. Therefore, implementation of the No Project Alternative may have a significant and unavoidable impact on special -status species, riparian habitat, federally protected wetlands, and wildlife corridors in the Planning Area. Additionally, given that the No Project Alternative could have adverse effects on the Puente -Chino Hills movement corridor, the No Project Alternative may have significant and unavoidable conflicts with the Puente -Chino Wildlife Corridor conservation being led by the Wildlife Corridor Conservation Authority (WCCA) and the Puente Hills Habitat Preservation Authority. The No Project Alternative would have a more severe impact on these resources than the Proposed Project. (c) The No Project Alternative would not be subject to Mitigation Measure MM-AQ-1 to reduce criteria pollutant emissions. (d) The No Project Alternative, Alternative 1, and Alternative 2 would all be required to comply with the same GHG and Energy policies, plans and regulations as identified for the Proposed Project. However, under the No Project Alternative, proposed General Plan policies and the Climate Action Plan would not be adopted. Additionally, the No Project Alternative would not contain policies or land uses that support applicable plans adopted for the purpose of reducing GHG emissions over time. (e) The No Project Alternative would not be consistent with the goals of the 2016-2040 RTP/SCS to support development of compact communities in existing areas and reuse developed land served by high quality transit. Without further quantitative analysis, it cannot be guaranteed that the No Project Alternative would be capable of achieving the EO S-3-05 goal of reducing GHG emissions to 80 percent below the 1990 level by the year 2050 given that it would not include proposed General Plan policies or land uses designed to reduce VMT and overall emissions. Additionally, the No Project Alternative would not directly support the zero -emission vehicle mandate established by EO B-16-1 and the Advanced Clean Cars Initiative as it does not include proposed General Plan policies aimed at increasing available parking and charging stations for electric vehicles. Therefore, the No Project Alternative would have a significant and unavoidable impact with regard to plans adopted for the purpose of reducing GHG emissions over time. This impact would be less than significant under the Proposed Project, Alternative 1, and Alternative 2 given similar levels of GHG emissions and inclusion of proposed General Plan policies aimed at improving air 1 A study funded by Diamond Bar residents, Diamond Bar Responsible Land Use, Diamond Bar Preservation Alliance, and the Sierra Club (known as the Hamilton Biological Report) analyzed biological resources within the City of Diamond Bar as of February 2019. The findings of the Hamilton Biological Report are addressed in Chapter 3.3: Biological Resources. Findings of Fact and Statement of Overriding Considerations Page 40 of 48 quality, encouraging multimodal transportation and reducing VMT, and promoting infill development. (f) Because the No Project Alternative would not be consistent with the goals of the 2016-2040 RTP/SCS and may therefore have a significant and unavoidable impact on plans for renewable energy and energy efficiency. (g) The No Project Alternative would not include the Proposed Project's policies aimed at reducing vehicle trips and encouraging multi -modal transportation. While the No Project Alternative would result in lower VMT than the Proposed Project, it could increase the VMT per person above baseline conditions given that it would not substantially increase the service population and would not include proposed General Plan policies aimed at reducing VMT and increasing connectivity and multi -modal options in the Planning Area. (h) The No Project Alternative does not include Goals and Policies aimed at fulfilling the Proposed Project's objectives as articulated in the following Guiding Principles: • Create an inviting Town Center. Foster the development of a vibrant, pedestrian -oriented Town Center in Diamond Bar that serves as a place for Diamond Bar's residents to shop, dine, and gather. • Establish a balanced circulation network. Improve mobility for all residents, visitors, and workers by providing a diversity of safe and convenient transportation options in a cohesive network, including active transportation, transit, and automobile facilities. • Support Healthy and Sustainable Lifestyles. Promote human and community health and environmental quality through the provision of parks and open spaces, community programs and services, the preservation of local and regional environmental resources, and the reduction of the greenhouse gas emissions. • Foster a strong, collaborative community. Provide opportunities for gatherings among friends, families, and the community at large and encourage all members of the community to participate in planning and decision -making for the future. 6.1.2 Alternative 1: Town Center at Diamond Bar Blvd/Golden Springs Like the Proposed Project, Alternative 1 includes a Town Center along Diamond Bar Boulevard between Golden Springs Drive and the SR-60 freeway. Alternative 1 includes the same land use designations as the Proposed Project, except that it Findings of Fact and Statement of Overriding Considerations Page 41 of 48 does not include the Community Core Overlay, so the golf course retains its eponymous designation. Alternative 1 is projected to result in approximately 2,823 fewer residents, 1,272 fewer housing units, and 2,375 fewer jobs than the proposed Project in 2040. Alternative 1 would result in the same impacts as the Proposed Project. Specifically, implementation of the Proposed Project or Alternative 1 would result in six (6) significant and unavoidable impacts, seven (7) less -than -significant impacts with mitigation, 45 less -than -significant impacts, and four (4) impacts of no significance. Finding: Alternative 1 is rejected because it does not reduce the Proposed Project's significant and unavoidable impacts to less -than -significant levels, and does not proactively set forth criteria to serve the City's best interests in the event that Los Angeles County elects to cease operation or reduce the size of the golf course. Facts in Support of Finding_: (a) Reduced development and population growth under Alternative 1 may slightly reduce impacts of the Proposed Project; however, implementation of Alternative 1 would not be sufficient to reduce significant and unavoidable impacts on air quality, historic resources, and VMT to a level that is less than significant. (b) Alternative 1 would not include the Community Core Overlay, which would require a master plan to ensure comprehensive implementation of reuse of the Golf Course should the County of Los Angeles choose to discontinue its operation. Implementation of the Community Core overlay would address the pervasive issue in the City of Diamond Bar of equitable access to parkland, as it would require that approximately 100 contiguous acres of the golf course be developed as public parkland. 6.1.3 Alternative 2: New Town Center at Golf Course Alternative 2 includes a Town Center in the southern portion of the Golf Course and would designate approximately 118 acres of the northern portion of the Golf Course as new parkland. The replacement of recreational/park space from the Golf Course would likely be required. The Diamond Bar Boulevard and Golden Springs Drive area would retain a General Commercial designation. Alternative 2 includes similar land use designations as the proposed General Plan, with the exception of the Community Core Overlay. Findings of Fact and Statement of Overriding Considerations Page 42 of 48 Alternative 2 is projected to result in approximately 3,408 fewer residents, 1,181 fewer housing units, and 603 fewer jobs than the Proposed Project in 2040. Alternative 2 will have the same impacts as the Proposed Project and Alternative 1. Specifically, the Proposed Project, Alternative 1, and Alternative 2 would result in six (6) significant and unavoidable impacts, seven (7) less -than -significant impacts with mitigation, 45 less -than -significant impacts, and four (4) impacts of no significance. Finding: Alternative 2 is rejected because it does not reduce the Proposed Project's significant and unavoidable impacts to less -than -significant levels, and the potential for Alternative 2 to fulfill the community's desire to establish a Town Center —at least in the near future —is more speculative than the Proposed Project. Facts in Support of Finding: (a) Reduced development and population growth under Alternative 2 may slightly reduce impacts of the Proposed Project; however, implementation of Alternative 1 would not be sufficient to reduce significant and unavoidable impacts on air quality, historic resources, and VMT to a level that is less than significant. (b) Although Alternative 2 proactively sets forth criteria to serve the City's best interests in the event that Los Angeles County elects to cease operation or reduce the size of the golf course, it also relies entirely on that scenario to fulfill the Proposed Project's Community Vision and Guiding Principle to "(f)oster the development of a vibrant, pedestrian -oriented Town Center in Diamond Bar that serves as a place for Diamond Bar's residents to shop, dine, and gather. Presently, Los Angeles County is not indicating a desire to seek an alternative use for the golf course property. In contrast, the location for the Town Center established under the Proposed Project is already privately owned and developed for commercial uses, has already begun to revitalize, and it is more likely that the area could be incrementally repurposed and transformed into a Town Center in the coming years. Findings of Fact and Statement of Overriding Considerations Page 43 of 48 7.0 Statement of Overriding Considerations CEQA requires that a Lead Agency balance the benefits of a project against its unavoidable environmental impacts in determining whether to approve the project. If the benefits outweigh the unavoidable adverse effects, those effects may be considered "acceptable" pursuant to CEQA Guidelines Section 15093(a). CEQA requires that a Lead Agency support, in writing, the specific reasons for considering a project acceptable when significant impacts are significant and unavoidable. Those reasons must be based on substantial evidence in the EIR or elsewhere in the administrative record pursuant to CEQA Guidelines Section 15093(b). The Lead Agency's written reasons are referred to as a Statement of Overriding Considerations. Pursuant to foregoing, the City has balanced the benefits of the Proposed Project against the unavoidable adverse impacts associated with the Proposed Project, and has identified all feasible mitigation measures. The City has also examined alternatives to the Proposed Project, and has determined that adoption and implementation of the Proposed Project is the most desirable, feasible, and appropriate action. The other alternatives are rejected as inferior based on consideration of the relevant factors discussed in Section 4 of the Draft EIR, and the findings presented in Section 6.0 above. 7.1 Significant Unavoidable Impacts Based on the information and analysis set forth in the EIR and reiterated in Section 4.0 above, implementation of the Proposed Project would result in the following significant and unavoidable adverse impacts: Air Quality Impact 3.2-2: Implementation of the Proposed Project would result in a cumulatively considerable net increase of criteria pollutants for which the project region already exceeds under applicable federal or state ambient air quality standards. Impact 3.2-3: Implementation of the Proposed Project would expose sensitive receptors to substantial pollutant concentrations. (Impact 3.2-3) Impact 3.2-4: Implementation of the Proposed Project would result in other emissions, such as those leading to odors adversely affecting a substantial number of people. Findings of Fact and Statement of Overriding Considerations Page 44 of 48 Cultural, Historic, and Tribal Cultural Resources Impact 3.4-1: Implementation of the Proposed Project would cause a substantial adverse change in the significance of a historical resource pursuant to Section 15064.5 of the CEQA Guidelines. Public Facilities and Recreation Impact 3.11-2: Implementation of the Proposed Project would increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated. Transportation Impact 3.12-2: Implementation of the Proposed Project would conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). 7.2 Overriding Considerations The unavoidable adverse environmental impacts identified above are outweighed by the following economic, legal, social, technological, and other benefits of the Proposed Project: 1. Adoption of the Diamond Bar General Plan 2040 and Climate Action Plan 2040 will fulfill the Community Vision and seven Guiding Principles set forth in Section 1.4 of the General Plan. The Community Vision forms the basis for the General Plan Update's policies. The Vision is an expression of the collective hopes and aspirations that members of the Diamond Bar community have for the City's future, and was formed from all of the input shared by community members throughout the General Plan Update planning process. The Guiding Principles expand upon the Community Vision, establishing detailed, actionable objectives that support the Vision and provide a foundation for the policies in the General Plan Update. The Guiding Principles emerged from the various comments and community discussions that took place as part of the planning process. All of the General Plan Update's policies advance one or more of the Guiding Principles in order to achieve the Community Vision. 2. The General Plan Update promotes sustainable development through goals and policies that balance the need for adequate infrastructure, housing, and economic vitality with the need for resource management, environmental protection, and preservation of quality of life for Diamond Bar residents. Findings of Fact and Statement of Overriding Considerations Page 45 of 48 3. The General Plan Update implements principles of sustainable growth by emphasizing infill development, while maintaining open space, habitat and recreation areas throughout the City. 4. The General Plan Update aims to improve the transportation network within the City, balancing the circulation needs with safety and access across a variety of modes of transportation, including automobile travel, public transit, non -motorized transportation and goods movement through a Complete Streets approach. Updated goals and policies will serve the needs of all users of the streets, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. 5. The Climate Action Plan will serve as the City's Qualified Greenhouse Gas Reduction Strategy to reduce the City's per -capita GHG emissions to 6 MTCO2e per year by 2030, and 4 MTCO2e per year by the General Plan Update's horizon year of 2040. The General Plan Update and Climate Action Plan address adverse environmental effects associated with global climate change by facilitating sustainable development, promoting energy efficiency, and promoting development that reduces greenhouse gas emissions. 6. With the Policies set forth in the General Plan Update, Diamond Bar will meet its mandated GHG reduction targets without being subject to additional GHG reduction measures. Examples of such policies include those promoting compact, mixed -use development in the proposed Focus Areas, and facilitating other modes of transportation through such means as expanding the City's bikeway network and accommodating electric vehicle infrastructure. 7. The General Plan Update will facilitate the establishment of a vibrant, walkable downtown in Diamond Bar. The Town Center Mixed Use focus area at Diamond Bar Boulevard and Golden Springs Drive will build on the success of recent commercial redevelopment in that area, and serve as a center of activity for residents of Diamond Bar, providing entertainment and retail opportunities and community gathering spaces in a pleasant, walkable environment. 8. The General Plan Update promotes economic development and fiscal sustainability by assessing Diamond Bar's preparedness to face anticipated economic and financial challenges. Chapter 3, Land Use & Economic Development, provides a detailed economic profile and outlook for the City; incorporates strategies through its Goals and Policies to enhance the local economy, and provide opportunities for future jobs and business development commensurate with forecasted growth; and devises land use policies enable the City to adapt and thrive as new economic challenges and opportunities arise. Findings of Fact and Statement of Overriding Considerations Page 46 of 48 9. The General Plan Update promotes enhanced community design and development quality. Chapter 3, Community Character & Placemaking, guides the form and character of future development in Diamond Bar. It provides strategies to strengthen the City's identity through design and by enhancing the community's experience of the City by defining the spatial relationships between the City's various gateways, neighborhoods, and centers of activity. Goals and Policies outline the desired character of the mixed -use focus areas and provide direction to ensure that new development is context sensitive. These Goals and Policies provide direction at a citywide scale, as well as a framework for development occurring in the Town Center, Neighborhood Mixed Use, Transit -Oriented Mixed Use, and Community Core focus areas. 10. Government Code Section 65302 requires that general plans include either an environmental justice element or related goals, policies, and objectives integrated into other elements, that identify any disadvantaged communities within the Planning Area, and provide policies to reduce the unique or compounded health risks facing those communities. Chapter 8, Community Health & Sustainability, complies with Government Code Section 65302 by addressing in detail the issue of environmental justice, and incorporating goals and policies to ensure the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation and enforcement of environmental laws, regulations and policies. 8.0 Conclusion After balancing the specific economic, legal, social, technological, and other benefits of the proposed project, the Council finds that the unavoidable adverse environmental impacts identified are "acceptable" due to the specific considerations listed above which outweigh the unavoidable, adverse environmental impacts of the Proposed Project. The Diamond Bar City Council has considered information contained in the EIR prepared for the Proposed Project, as well as the public testimony and record of proceedings in which the project was considered. Recognizing that significant unavoidable air quality, historic resource, public facilities and recreation, and transportation impacts may result from implementation of the Proposed Project, the Council finds that the benefits of the Proposed Project and overriding considerations outweigh the adverse effects of the Proposed Project. The City Council finds that all feasible mitigation measures have been included, and the Council hereby finds that each of the above stated benefits of the Proposed Project is determined to be an overriding consideration, independent of other benefits, that warrants adoption of the Proposed Project and outweighs and Findings of Fact and Statement of Overriding Considerations Page 47 of 48 overrides its unavoidable significant effects, and thereby justifies the adoption of the General Plan Update and Climate Action Plan. Based on the foregoing findings and the information contained in the record, the Council hereby determines that: Significant effects on the environment due to implementation of the proposed General Plan Update have been eliminated or substantially lessened where feasible. 2. There are no feasible alternatives to the Proposed Project which would mitigate or substantially lessen the Proposed Project's significant and unavoidable impacts; and I Any remaining significant effects on the environment found to be significant unavoidable are acceptable due to the factors described in the Statement of Overriding Considerations above. Findings of Fact and Statement of Overriding Considerations Page 48 of 48 EXHIBIT B Mitigation Monitoring & Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 Environmental Impact Report SCH No. 2018051066 City of Diamond Bar November 2019 This page intentionally left blank. Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 1 Purpose State of California Public Resources Code Section 21081.6(a)(1) requires a lead or responsible agency that approves or carries out a project where an Environmental Impact Report (EIR) has identified significant environmental effects to adopt a reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment. The City of Diamond Bar (the "City") is the lead agency for the EIR prepared for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 (SCH No. 2018051066), hereafter referred to as "Proposed Project," and therefore is responsible for the adoption and implementation of the required mitigation monitoring and reporting program. An EIR has been prepared for the Proposed Project that addresses potential environmental impacts and, where appropriate, recommends measures to mitigate these impacts. The Mitigation Monitoring and Reporting Program (MMRP) has been prepared in conformance with Public Resources Code Section 21081.6(a)(1). It is the intent of this program to: 1. Verify satisfaction of the required mitigation measures of the EIR; 2. Provide a methodology to document implementation of the required mitigation; 3. Provide a record of the monitoring program; 4. Identify monitoring responsibility; S. Establish administrative procedures for the clearance of mitigation measures; 6. Establish the frequency and duration of monitoring; and 7. Utilize existing review processes wherever feasible. The MMRP describes the procedures that will be used to implement the mitigation measures adopted in connection with the approval of the Proposed Project and the methods of monitoring such actions. A monitoring program is necessary only for impacts which would be significant if not mitigated. If, during the course of project implementation, any of the mitigation measures identified cannot be successfully implemented, the City shall immediately inform any affected responsible agencies. The City, in conjunction with any affected responsible agencies, will then determine if modification to the project is required, and/or whether alternative mitigation is appropriate. Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 The following consists of a monitoring program table noting the responsible entity for mitigation monitoring, the timing, and a list of all project -related mitigation measures. 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