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Home My WebLink About121719 Agenda - Regular MeetingCity Council Agenda Tuesday, December 17, 2019 6:30 PM The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 STEVE TYE Mayor NANCY A. LYONS Mayor Pro Tem ANDREW CHOU Council Member CAROL HERRERA Council Member RUTH M. LOW Council Member City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana Copies of staff reports or other written documentation relating to agenda items are on file in t he Office of the City Clerk, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar’s web site at www.diamondbarca.gov Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days’ notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov General information: (909) 839-7010 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON SPECTRUM CABLE CHANNEL 3 AND FRONTIER FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA December 17, 2019 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor. INVOCATION: Shaykh Nomann Baig, Institute of Knowledge ROLL CALL: Chou, Herrera, Low, Mayor Pro Tem Lyons, Mayor Tye APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Supervisor Hahn Presentation to Outgoing Mayor Herrera. 1.2 Recognition of Through My Lens Photo Contest Winners. 1.3 Certificate Plaque Presentation for Basil & Co. (New Business of the Month). 23545 Palomino Dr. Ste F. 1.4 Energy Upgrade California Presentation and Proclamation. 1.5 Arbor Day Proclamation. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: DECEMBER 17, 2019 PAGE 2 3. PUBLIC COMMENTS: Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENTS: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Holiday Ride – Beginning Friday, November 28, 2019 through January 1, 2020. Riders can schedule a trip in the City for restaurants and shopping for free. 5.2 Planning Commission Meeting – December 24, 2019 – 6:30 p.m. – cancelled. 5.3 Christmas and New Year Holidays – Offices will be closed Tuesday, December 24; Wednesday, December 25, 2019; and Wednesday, January 1, 2020 in observance of Christmas and New Year. 5.4 Parks and Recreation Commission Meeting – December 26, 2019 – 6:30 p.m. – cancelled. 5.5 City Council Meeting – January 7, 2019, 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.6 Winter Snow Fest – January 11, 2020 – 8:00 a.m. – 2:00 p.m., Pantera Park, 738 Pantera Drive. 6. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 6.1 CITY COUNCIL MINUTES OF THE DECEMBER 3, 2019 MEETING. 6.1.a City Council Minutes of December 3, 2019 DECEMBER 17, 2019 PAGE 3 Recommended Action: Approve the December 3, 2019 City Council meeting minutes. Requested by: City Clerk 6.2 CITY COUNCIL RECEIPT OF COMMISSION MINUTES. 6.2.a Planning Commission Special Meeting Minutes of October 30, 2019 Recommended Action: Receive and file the October 30, 2019 Planning Commission Special meeting minutes. Requested by: City Clerk 6.3 RATIFICATION OF CHECK REGISTER DATED NOVEMBER 28, 2019 THROUGH DECEMBER 11, 2019 TOTALING $652,635.48. Recommended Action: Ratify the Check Register. Requested by: Finance Department 6.4 JOINT POWERS AGREEMENT TO PROVIDE FOR INTER-AGENCY COOPERATION - DISASTER MANAGEMENT AREA D Recommended Action: A. Approve, and authorize the Mayor to sign, the Joint Powers Agreement to Provide for Inter-Agency Cooperation between the Area D Office of Disaster Management and the City of Diamond Bar; and B. Authorize the City Manager to designate City staff members to serve as delegates to the Disaster Management Area D Board. Requested by: City Manager 7. PUBLIC HEARINGS: 7.1 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATIONS FOR FISCAL YEAR 2020/2021. Recommended Action: Continue the matter to January 7, 2020. Requested by: Community Development Department 7.2 DIAMOND BAR GENERAL PLAN 2040 AND CLIMATE ACTION PLAN. Recommended Action: DECEMBER 17, 2019 PAGE 4 A. Open the public hearing to receive public testimony; B. Close the public hearing; C. Adopt Resolution No. 2019-43, certifying the Final Environmental Impact Report (SCH NO. 2018051066), adopting Findings of Fact and Statements of Overriding Consideration, and approving the Mitigation Monitoring and Reporting Program for the Diamond Bar General Plan Update and Climate Action Plan; D. Adopt Resolution No. 2019-44, approving the Diamond Bar General Plan 2040; and E. Adopt Resolution No. 2019-45, approving the Diamond Bar Climate Action Plan 2040. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: 8.1 ANNUAL APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON LOCAL AND REGIONAL BOARDS, COMMISSIONS AND COMMITTEES. Recommended Action: Ratify the Mayor's appointments, dissolve the Sphere of Influence/Annexation City Council Standing Committee, and adopt Resolution No. 2019-46 confirming appointments to the San Gabriel Valley Council of Governments. Requested by: City Clerk 9. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda #: 6.1 Meeting Date: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE DECEMBER 3, 2019 MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the December 3, 2019 City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: The minutes of the Regular City Council meeting of December 3, 2019 have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: Attachments: 1. 6.1.a City Council Minutes of December 3, 2019 6.1 Packet Pg. 7 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING DECEMBER 3, 2019 CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:30 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Jeanne Favreau-Sorvillo, Diamond Bar United Church of Christ, provided the Invocation. ROLL CALL: Council Members Chou, Low, Lyons, Mayor Pro Tem Tye and Mayor Herrera. Staff in attendance: Dan Fox, City Manager; Ryan McLean, Assistant City Manager; Ken Desforges, Information Services Director; David Liu, Public Works Director; David DeBerry, City Attorney; Marsha Roa, Public Information Manager; Amy Haug, Human Resources Manager; Ryan Wright, Parks and Recreation Director; Anthony Santos, Assistant to the City Manager; Diana Honeywell, Finance Director; Greg Gubman, Community Development Director; Kristina Santana, City Clerk APPROVAL OF AGENDA: As presented. CITY COUNCIL REORGANIZATION: SELECTION OF MAYOR: C/Lyons nominated MPT/Tye to serve as Mayor for the upcoming term. C/Low seconded the nomination. There being no other nominations offered, MPT/Tye was unanimously elected to serve as Mayor of the City of Diamond Bar by Roll Call vote as follows: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, Tye, Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None SELECTION OF MAYOR PRO TEM: C/Chou nominated C/Lyons to serve as Mayor Pro Tem for the upcoming term. C/Herrera seconded the nomination. There being no other nominations offered, C/Lyons was unanimously elected to serve as Mayor Pro Tem of the City of Diamond Bar by Roll Call vote as follows: AYES: COUNCIL MEMBERS: Chou, Low, Lyons, Herrera, Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1.a Packet Pg. 8 DECEMBER 3, 2019 PAGE 2 CITY COUNCIL PRESENTATION TO 2019 MAYOR CAROL HERRERA Mayor Tye presented 2019 Mayor Carol Herrera with a gavel and the Council congratulated her for her successful tenure as Mayor. RECESS/RECEPTION: Mayor Tye recessed the meeting at 6:42 p.m. and invited everyone to join the Council in the lobby for refreshments. RECONVENE CITY COUNCIL MEETING: Mayor Tye reconvened the City Council meeting at 7:02 p.m. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None. 3. PUBLIC COMMENTS: Pui-Ching Ho spoke about programs and events taking place at the Diamond Bar Library during the month of December. She invited residents to visit the library’s website at https://lacountylibrary.org/diamond-bar-library/ for additional programs and information and noted many library events are co-sponsored by The Friends of the Library. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Diamond Bar Holiday Ride – Continues through January 1, 2020. Riders must be 18 years of age or older (proof of residency required) and can schedule a trip within the City for restaurant visits and local shopping for no charge. 5.2 Planning Commission Special Meeting – December 4, 2019 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Winter Snow Fest – postponed to January 11, 2020 – 8:00 a.m. to 2:00 p.m., Pantera Park, 738 Pantera Drive. 5.4 Planning Commission Meeting – December 10, 2019 – 6:30 p.m., Windmill Community Room, 21810 Copley Drive. 5.5 Traffic and Transportation Commission Meeting of December 12, 2019 – Canceled. 5.6 City Council Meeting – December 17, 2019, 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6.1.a Packet Pg. 9 DECEMBER 3, 2019 PAGE 3 CITY COUNCIL 6. CONSENT CALENDAR: MPT/Lyons moved, C/Low seconded, to approve the Consent Calendar as presented with the exception of Item 6.4 pulled for further consideration by M/Tye. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Herrera, Low, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MEETING MINUTES: 6.1a STUDY SESSION OF NOVEMBER 19, 2019 – as presented. 6.1b REGULAR MEETING OF NOVEMBER 19, 2019 – as presented. 6.2 RATIFIED CHECK REGISTER DATED NOVEMBER 14, 2019 THROUGH NOVEMBER 27, 2019 TOTALING $1,486,463.80. 6.3 APPROVED TREASURER’S STATEMENT FOR OCTOBER 2019. 6.5 APPROVED FOR SECOND READING ORDINANCE NO. 03(2019) – AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE PLANNING CASE NO. PL2017-169 AMENDING THE ZONING FROM LIGHT INDUSTRY (I) TO REGIONAL COMMERCIAL-PLANNED DEVELOPMENT OVERLAY (C-3-PD) FOR PROPERTY LOCATED AT 850 S. BREA CANYON ROAD, DIAMOND BAR, CALIFORNIA ASSESSORS PARCEL NUMBER 8719-013-017. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.4 AUTHORIZE FIRST AMENDMENT TO THE WIRELESS SITE LICENSE AGREEMENT WITH NEW CINGULAR WIRELESS PCS, LLC TO ALLOW FOR THE CONSTRUCTION AND LOCATION OF AN EMERGENCY GENERATOR TO SERVE THE EXISTING CELLULAR SITE AT PETERSON PARK THROUGH JUNE 2036. M/Tye said he was concerned about how the rent amounts were derived for expansion of the cell site facility at Peterson Park. CM/Fox responded that this was a negotiated amount and the real value for cell sites is the cell facility itself. The City’s agreement is subject to CPI increases, etc. and is currently at about $2,500 a month. The emergency generator that is proposed does not expand the use of the cell site. It adds reliability and provides emergency responsiveness, which is ancillary to the full functioning of the cell site. Accordingly, staff felt it was appropriate that it be increased by $400 per month . In addition, the City does not have a standard dollar per square foot rate for cell sites like a commercial facility. Staff believes that it is an appropriate rent given the market and that this is one of the best performing sites from a revenue 6.1.a Packet Pg. 10 DECEMBER 3, 2019 PAGE 4 CITY COUNCIL standpoint for the City. M/Tye asked if this would be an appropriate time to ask the provider to pay more. CM/Fox said he would have to go back and look at the rates. Staff believes that with everything that is happening in the telecom community that Diamond Bar is probably doing better than most cities. AtoCM/Santos stated that the City constantly receives requests from all telecommunication companies to reduce rent. In this particular situation, the City has been requested to increase the rent plus CPI and from a practical standpoint given the typical cell site scenarios, this is most likely the City’s best option. In addition, this increase and further increases CPI) etc. would be valid for the duration of the contract. Given the conditions and the ability to now market the adjacent facility, having that generator presents additional opportunity for the City to look at potential expanded revenue at that location. CM/Fox responded that if the Council wishes to do so, it may continue the item to the next City Council meeting for consideration while staff reconsiders an increase to the contract. C/Low asked if it was common to have a 17-year agreement and CM/Fox responded that generally, these contracts run about 20 years. C/Low asked if the CPI was applied to the entire $35,000 or the $400 that is being increased. CM/Fox said it applies to the entire amount with the 2,900 per month charge as the base which is subject to CPI increases/decreases each year. C/Low asked if there had been a CPI adjustment since the inception of the contract and AtoCM/Santos stated that the City has received the CPI since inception when the original payment was $2,000. MPT/Lyons asked when the contract expires. CM/Fox explained that the vendor is anxious to get under construction and the City is attempting to fit them into a window to make the improvements before the City has to schedule renovations and over seeding of the fields so that will not be destroyed by this project. AtoCM/Santos further stated that with the anticipated rains he does not believe the applicant would be allowed to initiate construction within the next two weeks. M/Tye said he does not believe the vendor has been friendly to the park environment and he would entertain a motion to continue the item to December 17, 2019. C/Low moved, C/Herrera seconded to continue this item to December 17, 2019 to allow staff time to conduct further investigation regarding the contract amount. Motion carried by the following Roll Call vote: 6.1.a Packet Pg. 11 DECEMBER 3, 2019 PAGE 5 CITY COUNCIL AYES: COUNCIL MEMBERS: Chou, Herrera, Low, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARING: 7.1 ORDINANCE NO. 04 (2019) AMENDING TITLE 15 OF THE DIAMOND BAR MUNICIPAL CODE BY ADOPTING THE 2019 CALIFORNIA BUILDING STANDARDS CODES (TITLE 24 C.C.R. PARTS 2, 2.5, 3, 4, 5, AND 11) WITH LOCAL AMENDMENTS. M/Tye opened the Public Hearing. With no one present wishing to speak on this matter, M/Tye closed the Public Hearing. Upon request from M/Tye, CM/Fox read the Ordinance into the record as follows: Ordinance No. 04(2019) an Ordinance of the City Council of the City of Diamond Bar, California amending Title 15 of the Diamond Bar City Code and adopting by reference the 2019 California Building Code, Volumes 1 and 2 including Chapter 1, Division 2 and appendices C, I and J thereto; the 2019 California Mechanical Code and appendices thereto; the 2019 California Plumbing Code and the appendices thereto; the 2019 California Electrical Code and the appendices thereto; the 2019 California Residential Code including appendices H, J, K and O thereto; and, the 2019 California Green Building Code without appendices thereto and Title 26 of the Los Angeles County Building Code, and the Uniform Housing Code together with certain amendments, additions, deletions and exceptions. C/Chou moved, MPT/Lyons seconded, to Adopt Ordinance 04 (2019). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Herrera, Low, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None RECESS: M/Tye recessed the City Council meeting to the annual Public Financing Authority at 7:22 p.m. 6.1.a Packet Pg. 12 DECEMBER 3, 2019 PAGE 6 CITY COUNCIL RECONVENE: M/Tye reconvened the City Council meeting at 7:27 p.m. 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Chou thanked outgoing Mayor Herrera for her outstanding leadership during the past year. He learned a lot under her leadership and looks forward to working with her in her new capacity. He congratulated Mayor Tye on his fourth term appointment and looks forward to working with him as well as, his Council colleagues. He hopes everyone had a Happy Thanksgiving. He is thankful for his fellow Council Members and the great Diamond Bar staff for all they do for the community. He looks forward to the holiday season. C/Herrera echoed C/Chou’s comments. Congratulations to M/Tye on becoming Mayor for the fourth time and congratulations to MPT/Lyons on her appointment. She knows that both M/Tye and MPT/Lyons will do a great job for the community in 2020. She thanked staff for organizing the several Pop-Up City Halls that were held in 2019. She announced that she and City staff are in the process of disbanding the Four-Corners Transportation Coalition that was created over 10 years ago. Diamond Bar is an outstanding City and whenever there is a need, Diamond Bar steps up, City Council Members step up and, staff steps up. She is proud of the City of Diamond Bar and proud of having been instrumental in putting the coalition together. C/Low thanked C/Herrera for her leadership as Mayor during the past year and for her work on transportation issues. C/Herrera steered the Council and the City through a very busy year with a lot of events and changes, all of which were to the benefit of the City. She remembers that her goal was to keep the City on an even fiscal keel and C/Herrera accomplished that. C/Low congratulated M/Tye and MPT/Lyons on their appointments and said she is excited to have them leading the Council and the City. She looks forward to all of the great things that will happen under their leadership. C/Low reported that on November 20th she and MPT/Lyons met with LA County Sheriff Villanueva and Council Members from the City of Walnut where they were able to get better acquainted with the Sheriff. He was very open, warm and friendly, and explained his goals for his department with his primary stated goal being to build up the morale of his department. In turn, she and MPT/Lyons conveyed the concerns of Diamond Bar including increasing costs for patrolling and public safety. She mentioned that she believes that the thanksgiving spirit should prevail all year long. She thanked the City Planning, Traffic and Transportation, and Parks and Rec Commissioners for the work they do on behalf of the City and City Council all year and thanked the community partners for all of their good work through fundraising and charitable support on behalf of the youth, seniors and public in general. C/Low gave a special shout out to the Friends of the Dog Park for their work and to the members of the Volunteer Patrol for their contribution to the City. MPT/Lyons said that during the meeting with Sheriff Villanueva they also talked 6.1.a Packet Pg. 13 DECEMBER 3, 2019 PAGE 7 CITY COUNCIL about crime and he said that crime overall is down. Participants asked what cities could do to reduce crime even further and he said people need to watch what is going on in their neighborhoods and business owners need to be diligent about what is happening around them. In short, if you see something, say something, and definitely call the Sheriff. For those who reside in a neighborhood that does not have a Neighborhood Watch group, residents should really look into forming their own group because they are very effective in preventing crime. The Sheriff also mentioned that they are rolling out body cameras next year. MPT/Lyons encourages everyone to check out the new landscape in the reading garden. Diamond Bar Friends of the Library paid for the new plants and the City assisted in the labor. It looks great and she believes new furniture will be provided by the Friends of the Library as well. Much has been said about former Mayor Herrera who did a super job in leading the Council and the City through many accomplishments during the past year. She is particularly grateful that the City was able to turn a bad situation with Tres Hermanos into a great addition for Diamond Bar. Everyone in the City is so fortunate it turned out as it did. MPT/Lyons congratulated M/Tye on his appointment and said she and her colleagues expect more great things under his leadership. M/Tye said there are so many opportunities to be involved in the community such as through the Friends of the Library and Diamond Bar Community Foundation. The Library has been in City Hall since the new facility opened in 2012 and already the chairs are worn out. And yet, the Friends come in to rehabilitate the area which certainly goes beyond just books and programs. The City appreciates their efforts and contributions. M/Tye agreed with everything his colleagues have said about former Mayor Herrera. Congratulations to former Mayor Herrera. Everyone in the community can see her at the grocery store, drug store or wherever, and he wonders if people really appreciate all that she has done in the public transportation area through Foothill Transit. Thank you to Carol Herrera for her leadership in the Four-Corners Transportation Coalition. Diamond Bar appreciates everything C/Herrera has done on behalf of the community over the years. M/Tye said he would like for Council Members to let him know of any particular interests regarding sub-committee assignment they may have so that he can do his best to satisfy their requests. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council Meeting at 7:40 p.m. Respectfully submitted, Kristina Santana, City Clerk 6.1.a Packet Pg. 14 DECEMBER 3, 2019 PAGE 8 CITY COUNCIL The foregoing minutes are hereby approved this 17th day of December, 2019. Steve Tye, Mayor 6.1.a Packet Pg. 15 Agenda #: 6.2 Meeting Date: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL RECEIPT OF COMMISSION MINUTES. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Receive and file the October 30, 2019 Planning Commission Special meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: It is the practice to provide the City Council with approved Commission meeting minutes. The Planning Commission minutes of October 30, 2019 have been approved and are being transmitted to the Council for your information. PREPARED BY: REVIEWED BY: Attachments: 1. 6.2.a Planning Commission Special Meeting Minutes of October 30, 2019 6.2 Packet Pg. 16 6.2.a Packet Pg. 17 6.2.a Packet Pg. 18 6.2.a Packet Pg. 19 6.2.a Packet Pg. 20 6.2.a Packet Pg. 21 6.2.a Packet Pg. 22 6.2.a Packet Pg. 23 6.2.a Packet Pg. 24 6.2.a Packet Pg. 25 6.2.a Packet Pg. 26 6.2.a Packet Pg. 27 6.2.a Packet Pg. 28 6.2.a Packet Pg. 29 6.2.a Packet Pg. 30 6.2.a Packet Pg. 31 6.2.a Packet Pg. 32 6.2.a Packet Pg. 33 Agenda #: 6.3 Meeting Date: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED NOVEMBER 28, 2019 THROUGH DECEMBER 11, 2019 TOTALING $652,635.48. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $652,635.48. BACKGROUND/DISCUSSION: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting. The attached check register containing checks dated November 28, 2019 through December 11, 2019 totaling $652,635.48 is being presented for ratification. All payments have been made in compliance with the City’s purchasing policies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 6.3 Packet Pg. 34 REVIEWED BY: Attachments: 1. 6.3.a Check Register Affidavit 12-17-19 2. 6.3.b Check Register 12-17-19 6.3 Packet Pg. 35 6.3.a Packet Pg. 36 Agenda #: 6.4 Meeting Date: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: JOINT POWERS AGREEMENT TO PROVIDE FOR INTER-AGENCY COOPERATION - DISASTER MANAGEMENT AREA D STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Approve, and authorize the Mayor to sign, the Joint Powers Agreement to Provide for Inter-Agency Cooperation between the Area D Office of Disaster Management and the City of Diamond Bar; and B. Authorize the City Manager to designate City staff m embers to serve as delegates to the Disaster Management Area D Board. FINANCIAL IMPACT: The City has sufficient funds in the City’s Emergency Preparedness budget to cover the membership dues, which are approximately $3,000 annually. BACKGROUND/ANALYSIS: The Area D Office of Disaster Management (Area D) has existed since 1998 to provide emergency management and disaster response support to 23 San Gabriel Valley cities within the greater Los Angeles County Operational Area . The City participates in frequent meetings, trainings, and drills to better prepare for emergency situations. The Area D Office of Disaster Management is vital to the City’s preparedness efforts, with the Area D Disaster Management Area Coordinator (DMAC) providing direct staff support for routine emergency management activities. Area D operates in the form of a Joint Powers Authority (JPA) comprised of the member cities that was initially formed in 1998. The Diamond Bar City Council approved membership into the JPA at its April 3, 2001 City Council meeting. All Area D cities were recently asked to verify if the JPA documents were on file and 6.4 Packet Pg. 45 executed. It appears that through an administrative error during the official JPA formation, the original documents could not be located for 17 of the original members. Due to that oversight, and in order for the JPA to be valid, it has been requested by the current Area D Board to have each of the cities that previously approved the JPA to recertify adoption of the JPA at their earliest convenience. Continued membership in the JPA would allow the City to have access to and participate in emergency preparedness activities at a County level. It would also confirm the City’s commitment to utilize the Standardized Emergency Management System (SEMS), which is part of the Council approved Emergency Operations Plan EOP) and is utilized in response to natural and man-made incidents. It is requested that the City Council approve, and authorize the Mayor to sign, the JPA Agreement on behalf of the City of Diamond Bar. Additionally, it is requested that the City Manager be authorized to appoint City staff members as delegates to the Area D Board, which is consistent with current Area D member agency practice. LEGAL REVIEW: City Attorney has reviewed and approved the JPA as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 6.4.a JPA- Area D 6.4 Packet Pg. 46 Attachment I For Cities with existing Joint Powers Agreement/Coordinator: JOINT POWERS AGREEMENT TO PROVIDE FOR INTER-AGENCY COOPERATION IN MAJOR NATURAL OR MAN-MADE DISASTER DISASTER MANAGEMENT AREA Los Angeles County Operational Area WHEREAS, natural or man-made disasters such as earthquakes, fires, floods, civil unrest, acts of terrorism or other physical manifestations may affect the peace, health, safety and general welfare of large numbers of persons and extensive areas; and WHEREAS, the State of California has adopted the Standardized Emergency Management System ("SEMS") pursuant to Title 19, Division 2 of the State's Code of Regulations requiring all local governments within a county geographic area to be organized into a single Operational Area; and WHEREAS, in accordance with SEMS, the Board of Supervisors of the County of Los Angeles established the Los Angeles County Operational Area ("Operational Area") on July 5, 1995, with the County of Los Angeles serving as the lead agency of the Los Angeles County Operational Area; and WHEREAS, to enable the Los Angeles County Operational Area to accomplish the objectives of SEMS by promoting greater efficiencies in disaster management, planning, training, and preparedness, it is essential to coordinate the efforts of the cities within the Los Angeles County Operational Area; and WHEREAS, such coordination can be accomplished by cooperative management, planning, training, and preparedness action through responsible agencies prior to the time disaster response is required; and. jpakdmac.wpd D 6.4.a Packet Pg. 47 D D 6.4.a Packet Pg. 48 D 6.4.a Packet Pg. 49 D D 6.4.a Packet Pg. 50 6.4.a Packet Pg. 51 D 6.4.a Packet Pg. 52 For Cities with existing Joint Powers Agreement/Coordinator: 7.0 Disposition of Assets Attachment I 7.1 The party or parties electing to withdraw from this Agreement prior to final termination shall not be entitled to any refund or payment from any properties or assets accumulated as a result of the joint exercise of powers herein. Upon final termination of this Agreement all property and any surplus or remaining funds acquired hereunder shall be distributed to the parties to this Agreement at the time of such termination in proportion to their contributions for the last calendar year during which the Agreement was effective. 8.0 Amendments 8.1 This Agreement may be amended from time-to-time by the unanimous agreement of the parties. 9.0 Counterparts 9.1 This Agreement may be executed in one or more counterparts and may include multiple signature pages, all of which shall be deemed to be one agreement. Copies of this Agreement may be used in lieu of the original. 10.0 Liability 10.1 Employees of any party performing disaster management services on behalf of the Disaster Management Area shall remain employees of that party for the purposes of workers' compensation and no other party shall have liability for injury to an employee of another party. 10.2 Pursuant to Government Code Section 895.4, each party hereby assumes the liability imposed on it, its officers and employees for injury caused by a negligent or wrongful act or jpakdmac.wpd 6.4.a Packet Pg. 53 D 6.4.a Packet Pg. 54 D D D D D D D D 6.4.a Packet Pg. 55 6.4.a Packet Pg. 56 Minimum Responsibilities/Services Cont.) Liaison with the Sheriffs Department , Emergency Operations Bureau (EOB) and Station Coordinator; Red Cross Chapter(s); Los Angeles County (OEM) and other county departments; State OES and FEMA. Coordinate with these agencies in special projects or programs. Prepare annual budget information; maintain all financial records. Maintain all records necessary for participation in EMA funding. Attachment I Optional Responsibilities/Services as Directed by the Area Board (Cont.) • Consult with and provide expertise for member cities who are developing Emergency Operation Centers (EOCs), including information on appropriate displays, supplies, communications systems, etc., as re quested. Maintain the Area office , including record keeping, Area·wide information file, correspondence, and all clerical and secretarial duties. DMAC Mutual Aid Subject to availability, provide backup services for absent Area Coordinator. Respond to urgent information requests and disseminate critical ·information to cities in the absence of their DMAC. Note: The amount of time given to any one activity will vary depending on the anrual emergency management focus and emergency activations. EMERGENCY ROLE Minimum Responsibility) Mission Statement-Advocate for Area cities and liaison with the Los Angeles County Operational Area (Op Area) Emergency Operations Center (EOC) (OAEOC) as necessary; assist other Areas as requested; staff City Liaison post at OAEOC. Check in with Area cities to quickly determine the impact of the emergency/disaster. Provide a quick Area status report to the OAEOC to supplement individual cities' reports. This is not a detailed or formal report. It should be considered outside the ,normal reporting system and will provide the OAEOC with an indication of where potential problems might exist as well as indicate which Disaster Management Area Coordinators (DMACs) might be in the best position to directly provide staffing to assist the most heavily impacted Area(s) and the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area). Get feedback from the OAEOC as to which DMAC Areas appear to be most heavily impacted and which appear least impacted. Feedback will include a recommendation from the OAEOC as to which DMAC should provide staffing to the OAEOC (staffing may come from the DMAC or from a city within the DMAC's Area). DMAC or selected city provides shift staffing to the OAEOC to represent concerns of cities, to ensure that the needs and concerns of cities are properly represented in the OAEOC, and to participate, as appropriate, in the development of solutions affecting cities. 6.4.a Packet Pg. 57 Agenda #: 7.1 Meeting Date: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM ALLOCATIONS FOR FISCAL YEAR 2020/2021. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Continue the matter to January 7, 2020. BACKGROUND/DISCUSSION: The public hearing notice for this item was published on November 15, 2019. It is requested that the City Council continue this item to January 7, 2020 to allow staff sufficient time to complete the staff report and associated resolution. The deadline to submit the City Council resolution approving the Fiscal Year 2020 -2021 CDBG budget to the Los Angeles County Development Authority (LACDA) is in late February 2020, so the continuance will not affect the City’s standing with LACDA. PREPARED BY: REVIEWED BY: 7.1 Packet Pg. 58 Agenda #: 7.2 Meeting Date: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: DIAMOND BAR GENERAL PLAN 2040 AND CLIMATE ACTION PLAN. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: A. Open the public hearing to receive public testimony; B. Close the public hearing; C. Adopt Resolution No. 2019-43, certifying the Final Environmental Impact Report SCH NO. 2018051066), adopting Findings of Fact and Statements of Overriding Consideration, and approving the Mitigation Monitoring and Reporting Program for the Diamond Bar General Plan Update and Climate Action Plan; D. Adopt Resolution No. 2019-44, approving the Diamond Bar General Plan 2040; and E. Adopt Resolution No. 2019-45, approving the Diamond Bar Climate Action Plan 2040. FINANCIAL IMPACT: The Consulting Services Agreement with Dyett & Bhatia Urban and Regional Planners, approved by the City Council in June 2016, was for a not-to-exceed amount of 1,009,303 over the anticipated three-year process. Invoices to date total approximately $1,000,247. Other, non-consultant operating expenses, primarily related to GPAC meetings and public outreach since FY 2016/17, total approximately $46,460. BACKGROUND: The Diamond Bar General Plan 2040 presented for adoption is the product of a 3½-year public process, resulting in a comprehensive update to the City’s 1995 General Plan 7.2 Packet Pg. 59 that will enable Diamond Bar to proactively and opportunistically guide future decisions over the next twenty plus years. Public engagement played a significant role in developing the vision, guiding principles, goals and policies around which the General Plan Update is framed. Between August 2016 and October 2019, the public outreach and participation effort included 23 stakeholder interviews, 10 General Plan Advisory Committee meetings, five joint City Council/Planning Commission study sessions, two online surveys, two community workshops, and information booths at more than 17 separate events and venues. The Climate Action Plan (CAP) is concurre ntly presented for adoption. The CAP provides the documentation necessary to demonstrate that the City will be able to reduce its Greenhouse Gas emissions in compliance with State mandates and goals through implementation of the Goals and Policies set forth in the General Plan Update. The Environmental Impact Report (EIR) was prepared to evaluate the potential impacts of the proposed General Plan Update and Climate Action Plan. In accordance with the mandates of the California Environmental Quality Act (CE QA), the EIR is intended to inform decisionmakers and the general public of the potential significant environmental impacts of the General Plan and CAP. A detailed discussion of the General Plan Update, CAP and EIR is provided in the attached Planning Commission staff report, dated December 4, 2019 (Attachment 4). At its meeting on December 4, 2019, the Planning Commission unanimously recommended that the City Council adopt the proposed General Plan Update and CAP, certify the Final EIR, and adopt of a Statement of Overriding Considerations, supported by findings, that concludes that the economic, legal, social, technological, and other benefits of the General Plan Update and CAP outweigh the identified unavoidable environmental risks. The public hearing this evening represents the final step in the General Plan Update process. Three Resolutions have been included for City Council consideration to certify the EIR (Attachment 1), approve the Diamond Bar General Plan 2040 (Attachment 2), and approve the Diamond Bar Climate Action Plan 2040 (Attachment 3). With the adoption of these Resolutions, the comprehensive update to the General Plan will be complete. DISCUSSION AND ANALYSIS: General Plan California 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.” The Diamond Bar General Plan 2040 covers six of the seven mandatory elements. Because Housing Elements are the only element required under State law to be updated on a standard cycle, and subject to certification by the California Department of Housing and Community Development, the current 2014 -2021 Housing Element is incorporated by reference, but is not part of the comprehensive update. 7.2 Packet Pg. 60 Government Code Section 65303 further provides that a “general plan may include any other elements which, in the judgement of the legislative body, relate to the development of the city.” To better reflect the values of the community, the Diamond Bar General Plan 2040 includes optional elements related to economic development, community character and placemaking, public facilities and services, and community health and sustainability. The following table summarizes the required and optional general plan elements: Relationship between General Plan Elements and State Requirements Location in Diamond Bar General Plan Required Element Chapter 1: Introduction N/A Chapter 2: Land Use and Economic Development Land Use (Economic Development Optional) Chapter 3: Community Character & Place Making Optional Chapter 4: Circulation Circulation Chapter 5: Resource Conservation Conservation & Open Space Chapter 6: Public Facilities & Services Optional Chapter 7: Public Safety Safety & Noise Chapter 8: Community Health & Sustainability Optional Current 2014-2021 Housing Element Incorporated by reference Housing The potential buildout under the proposed General Plan is identified in Tabl e 2-3 on Page 2-17, which estimates up to 3,750 new housing units, 7,000 new jobs, and 8,800 new residents for a total population estimated at 66,700. It is expected that much of the growth would occur within the Town Center Mixed Use, Neighborhood Mixed Use, Transit Oriented Development and Community Core Overlay focus areas. In response to direction received at the September 25 and October 8, 2019 Joint City Council/Planning Commission Study Sessions, the Goals and Policies in the final version of the General Plan have been revised to express policy -level statements of intent rather than mandated regulations or development standards that would normally be found in the City’s Municipal Code. For instance, a policy “requiring” a developer to pay a fair-share fee toward future transportation improvements may be the general method for mitigating traffic impacts; but in some cases, the City may determine that the developer should instead construct street improvements adjacent to a project, because such improvements would provide a greater benefit to the traffic circulation network than the payment of an impact fee. The implementing regulations in the Municipal Code will set forth the standards to accomplish certain General Plan Goals and Policies. In response to public comments made on the Draft EIR, revisions were made to mitigation measures and figures related to biological resources. A new Figure 5 -5 was added to identify wildlife movement chokepoints. Figure 5 -2, Natural Communities, was revised to identify additional Coast Live Oak Woodland habitat (medium green) on the slopes with northerly/easterly exposures. Written public comments submitted to the Planning Commission during or immediately 7.2 Packet Pg. 61 prior to the December 4th meeting are included in Attachment 5. Responses to some of those comments are noted below. At the December 4th meeting, it was proposed during public comments that the portion of Tres Hermanos Ranch located within the City be redesignated from “Planning Area” to “Open Space”. The Planning Commission discussed the subject and added to its recommendation to adopt the General Plan Update that the City Council consider re - designating that portion of Tres Hermanos Ranch “when appropriate.” It is recommended that the existing land use designation be retained. Re-designating the property to “Open Space” at this late juncture would require additional study to determine its impact on the conclusions in the EIR, other General Plan elements, and the inconsistencies that would exist between the General Plan designation and the current zoning and Housing Element, and exposing the City to potential litigation. Since this would likely be considered a substantial modification, CEQA Guidelines would require that it be sent back to the Planning Commission for consideration and recommendation. Additionally, as the City Council is well aware, the City Council authorized litigation in 2017 to stop the development of a large solar farm on Tres Hermanos. The result of the litigation was a 2019 settlement between the cities of Industry, Chino Hills and Diamond Bar which transferred the 2,445-acre Tres Hermanos Ranch (695 acres in Diamond Bar and 1,750 acres in Chino Hills) to a re-constituted Tres Hermanos Conservation Authority (THCA). Diamond Bar is a member of the THCA along with the cities of Chino Hills and Industry. The stated purpose of the THCA is to coordinate the overall conservation, use and potential improvement of Tres Hermanos through collaboration by the member cities. In addition, the purported developer of the solar farm has filed litigation in an effort to overturn the transfer of the Tres Hermanos Ranch to the THCA, which litigation is being vigorously defended, but remains pending. Should the City Council desire to consider such a re-designation, the City would want to collaborate with its THCA partners consistent with the joint powers agreement and discuss the impacts of the pending litigation with legal counsel on any such re -designation. It would be more appropriate to consider such changes, if that is the City Council’s desire, as part of the next 2021-2029 Housing Element update cycle. The GPAC concurred with this approach at their March 21, 2019 meeting. Climate Action Plan Robert Cruz, Public Affairs Manager for SoCalGas, requested that policies promoting natural gas as part of a diverse portfolio of energy sources be incorporated into the CAP. Chapters 1 through 3 of the CAP provide a baseline inventory of greenhouse gas GHG) emissions generated within the City, together with greenhouse gas reduction forecasts for the City in 2030 and 2040. The CAP finds that through implementation of the General Plan Goals and Policies, the City will meet its State -mandated GHG reductions without imposing further requirements. Regional and statewide energy initiatives, and their influence on local GHG emissions, are considered beyond the purview of the CAP. 7.2 Packet Pg. 62 Chapter 4 of the Draft CAP includes optional measures to further reduce GHG emissions, but are not required to meet our 2040 GHG target based on the methodologies used to estimate GHG emissions. One of those (Residential Electrification), provides options to incentivize the conversion of natural gas water heaters to electric systems powered by solar energy. This is one of a broader palette of options that the City could consider in the future if it wishes to promote GHG reduction programs in the future. To reflect the City’s advocacy for balanced energy solutions, including, but not limited to, renewable natural gas as an additional energy option, staff recommends that the City’s Balanced Energy Resolution (Resolution No. 2019 -10, adopted on April 16, 2019) be included as an appendix to the CAP. The Balanced Energy Resolution is included as Exhibit B to the attached Resolution adopting the CAP (Attachment 3). Findings of Fact and Statement of Overriding Considerations The EIR identifies 23 measures to mitigate potentially significant impacts in the categories of Air Quality, Biological Resources, Cultural/Historic/Tribal Resources and Geology/Soils/Seismicity/Paleontology. The EIR also identifies four potentially significant impacts that cannot be avoided or mitigated to less than significant levels, even with the incorporation of mitigation measures. Those significant and unavoida ble impacts are in the categories of Air Quality, Cultural and Archaeological Resources and Transportation. It should be noted that these significant and unavoidable impacts would exist and likely become worse, if the General Plan is not updated. For example, the South Coast Air Basin currently exceeds State and federal levels for ozone and specified airborne pollutants. Any activity that emits such pollutants is considered a contributor to the cumulative air quality conditions in the Basin. In the category of cultural, historic and archaeological resources, the California Office of Historic Preservation considers buildings and structures more than 45 years old to be potentially significant historic resources. Without a Citywide inventory and assessment of every building in the City (including tract homes), the demolition or substantial alteration of such structures may be regarded as a loss of potentially significant historic or cultural resources. In the category of transportation, a significant impact would occur if total vehicle miles traveled (VMT) exceeds baseline conditions. Even though the General Plan Update promotes infill and 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, VMT will exceed baseline conditions for the foreseeable future. Should the City Council adopt the proposed General Plan Update and CAP in light of these unavoidable impacts, CEQA requires that it adopt a Statement of Overriding Considerations, supported by findings, that concludes that the economic, legal, social, technological, and other benefits of the General Plan Update outweigh the unavoidable environmental risks. 7.2 Packet Pg. 63 The required Findings of Fact and Statement of Overriding Considerations are provided as an exhibit to the attached resolution certifying the Final EIR (Exhibit A). Section 7.2 of Exhibit A identifies the following economic, legal, social, technological, and other benefits of the General Plan Update and CAP that outweigh the unavoidable adverse environmental impacts identified above: 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. 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 7.2 Packet Pg. 64 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 that would enable the City to adapt and thrive as new economic challenges and opportunities arise. 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. LEGAL REVIEW: The City Attorney has reviewed and approved the Resolutions as to form. PREPARED BY: 7.2 Packet Pg. 65 REVIEWED BY: Attachments: 1. 7.2.a Resolution No. 2019-43, Certifying the Final EIR, Adopting Findings of Fact and Statement of Overriding Considerations, and Approving the MMRP 2. 7.2.b Resolution No. 2019-44, Approving the Diamond Bar General Plan 2040 3. 7.2.c Resolution No. 2019-45, Approving the Diamond Bar Climate Action Plan 2040 4. 7.2.d Planning Commission 12/4/19 Staff Report (excluding attachments) 5. 7.2.e Comments submitted for 12/4/19 Planning Commission meeting 6. 7.2.f Final EIR 7.2 Packet Pg. 66 1 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 1. 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 7.2.a Packet Pg. 67 Resolution No. 2019-43 2 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 (“NOA”) was filed with the County of Los Angeles Clerk of the Board, as required by Public Resources Code Section 21092. Pursu ant 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. 7.2.a Packet Pg. 68 Resolution No. 2019-43 3 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: 1. 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 7.2.a Packet Pg. 69 Resolution No. 2019-43 4 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 17th day of December. Steve Tye, Mayor 7.2.a Packet Pg. 70 Resolution No. 2019-43 5 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 17th day of December, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Kristina Santana, City Clerk 7.2.a Packet Pg. 71 This page intentionally left blank 7.2.a Packet Pg. 72 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 7.2.a Packet Pg. 73 Diamond Bar General Plan and Climate Action Plan Final EIR This page intentionally left blank 7.2.a Packet Pg. 74 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 Impact 3.2-2 ............................................................................................. 12 Impact 3.2-3 ............................................................................................. 14 Impact 3.2-4 ............................................................................................. 16 4.2 Cultural, Historic, and Tribal Cultural Resources ............................................... 17 Impact 3.4-1 ............................................................................................. 17 4.3 Public Facilities and Recreation ........................................................................ 18 Impact 3.11-2 ........................................................................................... 18 4.4 Transportation ..................................................................................................... 19 Impact 3.12-2 ........................................................................................... 19 5.0 Findings Regarding Potentially Significant but Mitigable Impacts ........................ 21 5.1 Biological Resources .......................................................................................... 21 Impact 3.3-1 ............................................................................................. 21 Impact 3.3-2 ............................................................................................. 26 Impact 3.3-3 ............................................................................................. 30 Impact 3.3-4 ............................................................................................. 31 Impact 3.3-6 ............................................................................................. 34 5.2 Cultural, Historic, and Tribal Cultural Resources ............................................... 35 Impact 3.4-1 ............................................................................................. 35 5.3 Geology, Soils, and Seismicity ........................................................................... 36 Impact 3.6-6 ............................................................................................. 36 6.0 Findings Regarding Project Alternatives .................................................................. 37 6.1 Alternatives Selected for Evaluation ................................................................. 38 No Project Alternative ............................................................................. 38 Alternative 1: Town Center at Diamond Bar Blvd/Golden Springs ..... 41 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 7.2.a Packet Pg. 75 Diamond Bar General Plan and Climate Action Plan Final EIR This page intentionally left blank 7.2.a Packet Pg. 76 Findings of Fact and Statement of Overriding Considerations Page 1 of 48 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. 7.2.a Packet Pg. 77 Findings of Fact and Statement of Overriding Considerations Page 2 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 7.2.a Packet Pg. 78 Findings of Fact and Statement of Overriding Considerations Page 3 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. 7.2.a Packet Pg. 79 Findings of Fact and Statement of Overriding Considerations Page 4 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. 7.2.a Packet Pg. 80 Findings of Fact and Statement of Overriding Considerations Page 5 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. 1. 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. 7.2.a Packet Pg. 81 Findings of Fact and Statement of Overriding Considerations Page 6 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 7.2.a Packet Pg. 82 Findings of Fact and Statement of Overriding Considerations Page 7 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 (MTC02e) 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: 7.2.a Packet Pg. 83 Findings of Fact and Statement of Overriding Considerations Page 8 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; 7.2.a Packet Pg. 84 Findings of Fact and Statement of Overriding Considerations Page 9 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 l) Any other relevant materials required to be in the record of proceedings by PRC Section 21167.6(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 7.2.a Packet Pg. 85 Findings of Fact and Statement of Overriding Considerations Page 10 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; 7.2.a Packet Pg. 86 Findings of Fact and Statement of Overriding Considerations Page 11 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 7.2.a Packet Pg. 87 Findings of Fact and Statement of Overriding Considerations Page 12 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 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 O3. Operational emissions for the Proposed Project would exceed regulatory thresholds for VOC, NOx, CO, PM10, 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, PM10, and PM2.5 exceed regulatory thresholds, the regional operational emissions would be potentially significant. 7.2.a Packet Pg. 88 Findings of Fact and Statement of Overriding Considerations Page 13 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, 7.2.a Packet Pg. 89 Findings of Fact and Statement of Overriding Considerations Page 14 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 o ption 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. 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. 7.2.a Packet Pg. 90 Findings of Fact and Statement of Overriding Considerations Page 15 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 sensitiv e 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 7.2.a Packet Pg. 91 Findings of Fact and Statement of Overriding Considerations Page 16 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. 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: 7.2.a Packet Pg. 92 Findings of Fact and Statement of Overriding Considerations Page 17 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 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. Finding: 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: 7.2.a Packet Pg. 93 Findings of Fact and Statement of Overriding Considerations Page 18 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 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 3.11-2) Finding: The City hereby makes Finding 3. 7.2.a Packet Pg. 94 Findings of Fact and Statement of Overriding Considerations Page 19 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-8, PF-P-9, PF-11, 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 Impact 3.12-2 Implementation of the Proposed Project would conflict with or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b). 7.2.a Packet Pg. 95 Findings of Fact and Statement of Overriding Considerations Page 20 of 48 Finding: 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-11, 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. 7.2.a Packet Pg. 96 Findings of Fact and Statement of Overriding Considerations Page 21 of 48 5.0 Findings Regarding Potentially Significant but Mitigable Impacts 5.1 Biological Resources 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-BIO-1A 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 7.2.a Packet Pg. 97 Findings of Fact and Statement of Overriding Considerations Page 22 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-BIO-1B 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-1C Listed Endangered and Threatened Plants: In addition to MM BIO-1A and 1B, 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-BIO-1D 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 7.2.a Packet Pg. 98 Findings of Fact and Statement of Overriding Considerations Page 23 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-1E 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-1F 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 7.2.a Packet Pg. 99 Findings of Fact and Statement of Overriding Considerations Page 24 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 Woodlands Braunton’s milk vetch Moderate Native Shrublands and Scrub Coastal California gnatcatcher Braunton’s milk vetch High Moderate Riparian Woodlands and Scrub Willow flycatcher Least Bell’s vireo Tri-colored blackbird Low Moderate Moderate MM-BIO-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. 7.2.a Packet Pg. 100 Findings of Fact and Statement of Overriding Considerations Page 25 of 48 MM-BIO-1H 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-BIO-1I 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-BIO-1K 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 7.2.a Packet Pg. 101 Findings of Fact and Statement of Overriding Considerations Page 26 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. 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-BIO-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 1:1. On-site restoration/enhancement shall also be completed at a ratio of at least 1:1. 7.2.a Packet Pg. 102 Findings of Fact and Statement of Overriding Considerations Page 27 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-BIO-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: 1. 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-BIO-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 7.2.a Packet Pg. 103 Findings of Fact and Statement of Overriding Considerations Page 28 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 7.2.a Packet Pg. 104 Findings of Fact and Statement of Overriding Considerations Page 29 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-BIO-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 7.2.a Packet Pg. 105 Findings of Fact and Statement of Overriding Considerations Page 30 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-BIO-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. 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 7.2.a Packet Pg. 106 Findings of Fact and Statement of Overriding Considerations Page 31 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-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: If and when avoidance of drainage features is not feasible, the City shall implement Mitigation Measures MM-BIO-2 and MM-BIO-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-BIO-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. Impact 3.3-4 Implementation of the Proposed Project would not interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites. 7.2.a Packet Pg. 107 Findings of Fact and Statement of Overriding Considerations Page 32 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-BIO-6 Wildlife 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. 7.2.a Packet Pg. 108 Findings of Fact and Statement of Overriding Considerations Page 33 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 7.2.a Packet Pg. 109 Findings of Fact and Statement of Overriding Considerations Page 34 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. 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-11, 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-BIO-6 as discussed under Impact 3.3-4 would reduce potential impacts to less than significant. 7.2.a Packet Pg. 110 Findings of Fact and Statement of Overriding Considerations Page 35 of 48 5.2 Cultural, Historic, and Tribal Cultural Resources 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 7.2.a Packet Pg. 111 Findings of Fact and Statement of Overriding Considerations Page 36 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 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. Finding: 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-I-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 7.2.a Packet Pg. 112 Findings of Fact and Statement of Overriding Considerations Page 37 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 7.2.a Packet Pg. 113 Findings of Fact and Statement of Overriding Considerations Page 38 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 Project 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 same 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 118-acre portion north of Grand as recreational/park space. The Diamond Bar Blvd./Golden Springs Drive area would retain its current General Commercial designation. 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. 7.2.a Packet Pg. 114 Findings of Fact and Statement of Overriding Considerations Page 39 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 fewer jobs 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. Comparative Number of Impacts Alternative No Impact Less than Significant Less than Significant with Mitigation Significant and 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-1A 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 7.2.a Packet Pg. 115 Findings of Fact and Statement of Overriding Considerations Page 40 of 48 findings of the Hamilton Biological Report1, 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. 7.2.a Packet Pg. 116 Findings of Fact and Statement of Overriding Considerations Page 41 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. 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 7.2.a Packet Pg. 117 Findings of Fact and Statement of Overriding Considerations Page 42 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. 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. 7.2.a Packet Pg. 118 Findings of Fact and Statement of Overriding Considerations Page 43 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 ind icating 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. 7.2.a Packet Pg. 119 Findings of Fact and Statement of Overriding Considerations Page 44 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. 7.2.a Packet Pg. 120 Findings of Fact and Statement of Overriding Considerations Page 45 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 Diamo nd 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. 7.2.a Packet Pg. 121 Findings of Fact and Statement of Overriding Considerations Page 46 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. 7.2.a Packet Pg. 122 Findings of Fact and Statement of Overriding Considerations Page 47 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 7.2.a Packet Pg. 123 Findings of Fact and Statement of Overriding Considerations Page 48 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: 1. 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 3. 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. 7.2.a Packet Pg. 124 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 7.2.a Packet Pg. 125 This page intentionally left blank. 7.2.a Packet Pg. 126 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 1 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; 5. 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. 7.2.a Packet Pg. 127 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 2 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. 7.2.a Packet Pg. 128 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 3 This page intentionally left blank. 7.2.a Packet Pg. 129 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 4 2 Mitigation Monitoring and Reporting Plan Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial Air Quality 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 O3. 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 current USEPA standards, which are currently Tier 4 final off-road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Include in project conditions of approval. Prior to issuance of construction permit. City of Diamond Bar Community Development Department 7.2.a Packet Pg. 130 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 5 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial Technology (BACT) devices including a California Air Resources Board certified Level 3 Diesel Particulate Filter (DPF) or equivalent. This DPF 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 to 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, architectural coating phasing should be extended sufficiently to reduce the daily emissions of VOCs. Operational sources under the Proposed Project would generate emissions of VOC, NOx, CO, PM10, and PM2.5 that exceeds SCAQMD’s project-level thresholds and contribute to the MM-AQ-2: Future development. Under the Proposed Project, future development 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 Include in project conditions of approval. Prior to discretionary project approval. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 131 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 6 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial nonattainment designation of the SCAB for O3, PM2.5, and PM10. 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. Biological Resources 7.2.a Packet Pg. 132 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 7 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial Construction associated with implementation of the Proposed Project could have an adverse effect on special-status plant species. MM-BIO-1A 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 that would remain undisturbed. For those species that cannot be physically transplanted, the biologist(s) shall collect seeds from the plants. (Note: Lilies generally can be transplanted in bulb-form.) To the extent feasible the preconstruction surveys shall be completed when species are in bloom, typically between May and June and reference populations checked. Two species, the white rabbit-tobacco and San Bernardino Submittal of preconstruction surveys. Prior to issuance of construction permit. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 133 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 8 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. Construction associated with implementation of the Proposed Project could have an adverse effect on special-status plant species. MM-BIO-1B 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, an adaptive two-year monitoring program, any other necessary monitoring procedures, plant spacing, and maintenance requirements. In the event that the City of Diamond Bar determines that agreed success criteria are not met, additional remediation may be required beyond the two-year maintenance/monitoring period to ensure mitigation requirements are met. The City shall also require proof that the plan preparer consulted with US Fish and Submittal of Special Status Plant Planting Plan and appropriate documentation. Prior to start of ground disturbance activities. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 134 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 9 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial Wildlife Service and California Department of Fish and Wildlife personnel or appropriate herbarium botanists in order to maximize transplanting success. (Note: Appropriate botanists include those at CDFW in Ontario, the Rancho Santa Ana Botanical Gardens in Claremont, UC Riverside, or Cal Poly Pomona.) Construction associated with implementation of the Proposed Project could have an adverse effect on special-status plant species. MM-BIO-1C Listed Endangered and Threatened Plants: In addition to MM BIO-1A and -1B, the City shall require the project applicant to provide proof of the US Fish and Wildlife Service and California Department of Fish and Wildlife 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 and CDFW to take a listed species is required. Submittal of USFWS and CDFW permits and documentation. Prior to issuance of construction permit. Construction contractor; City of Diamond Bar Community Development Department Implementation of the Proposed Project could result in indirect impacts on special-status plant species, sensitive natural communities, preserved MM-BIO-1D 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: Implementation of Environmental Awareness Program. Ongoing. City of Diamond Bar Community Development Department 7.2.a Packet Pg. 135 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 10 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial open space, and wildlife corridors. The City shall implement an Environmental Awareness Program on its web site intended to increase awareness to developers, 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 inform developers, city workers, and residents and encourage active conservation efforts to 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 7.2.a Packet Pg. 136 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 11 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial awareness to the sensitive plants, wildlife and associated habitats which occur in the area. o The City shall provide future project applicants a brochure which includes a list of sensitive plant and tree species to avoid impacting as well as suggested plant palettes to be used in residential landscaping near natural areas to prevent the introduction of invasive plant species to the surrounding natural communities. Construction associated with implementation of the Proposed Project could have an adverse effect on special-status animal species. MM-BIO-1E 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) flag the area for avoidance and discuss possible seasonal avoidance measures with the developer. If avoidance is not feasible, the Project Submittal of preconstruction surveys. Prior to issuance of construction permit. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 137 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 12 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial Biologist, with a CDFG 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 CDFG 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 CDFG prior to relocating any animals. Implementation of the Proposed Project could cause direct or indirect impacts on suitable habitat for federally or state listed endangered or threatened species. MM-BIO-IF 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 Submittal of findings and documentation. Prior to discretionary project approval. City of Diamond Bar Community Development Department 7.2.a Packet Pg. 138 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 13 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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 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. 7.2.a Packet Pg. 139 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 14 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial Clearing and grading activities associated with implementation of the Proposed Project could disturb nesting bird habitats. MM-BIO-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. Submittal of findings and documentation. Prior to start of clearing and/or grading activities. City of Diamond Bar Community Development Department Implementation of the Proposed Project could MM-BIO-1H Protection of Eagle Nests: No development or project Submittal of findings and documentation. Ongoing. City of Diamond Bar 7.2.a Packet Pg. 140 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 15 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial disturb active golden eagle nests. activities shall be permitted within one- half mile of a determined 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. Note: Generally, information regarding the location of raptorial bird nests is kept highly confidential. As such it is recommended that representatives of CDFW, USFWS and/or the Chino Hills State Park be notified of any proposed projects in the SOI or Tres Hermanos portions of the Planning Area. In consultation with agency representatives, it can be determined if the project is within one-half mile of the eagle nest without the location being specifically identified.) Community Development Department 7.2.a Packet Pg. 141 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 16 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial Construction associated with implementation of the Proposed Project could disturb bat roosting habitat. MM-BIO-1I 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. Submittal of findings and documentation. During the November 1 through March 31 hibernation season and shortly thereafter. Construction contractor; City of Diamond Bar Community Development Department Construction associated with implementation of the Proposed Project could disrupt bat roosting habitat. 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, Submittal of findings and documentation. During the April 1 through August 31 maternity season. Surveys valid 30 days from survey date. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 142 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 17 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. Construction associated with implementation of the Proposed Project could disrupt bat roosting habitat. MM BIO-1K 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 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 Submittal of documentation. Prior to the time the bats are expected to use the roost as determined by a qualified biologist. Monitoring shall occur periodically over 5 years thereafter. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 143 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 18 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial provide a suitable roosting environment for the target bat species. Implementation of the Proposed Project could result in adverse impacts to sensitive shrubland and scrub natural communities. MM BIO-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 1:1. On-site restoration/enhancement shall also be completed at a ratio of at least 1:1. 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 Submittal of documentation. Prior to start of ground disturbance. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 144 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 19 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. Implementation of the Proposed Project could result in adverse impacts on jurisdictional waters. MM BIO-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. If replacement and/or restoration/enhancement would Submittal of documentation. Ongoing. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 145 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 20 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. Implementation of the Proposed Project could result in a loss of oak woodland. MM-BIO-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 appropriate by a qualified Submittal of final report. Ongoing. Mitigation areas shall be placed in a conservation easement within 6 months of a project’s completion. Project mitigation shall be monitored and reported on over a 7- year period. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 146 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 21 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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 7.2.a Packet Pg. 147 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 22 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. 7.2.a Packet Pg. 148 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 23 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. 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 7.2.a Packet Pg. 149 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 24 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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 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. Implementation of the Proposed Project could result in a loss of oak woodland. MM-BIO-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: Submittal of final report. Ongoing. Mitigation areas shall be placed in a conservation Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 150 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 25 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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 easement within 6 months of a project’s completion. Project mitigation shall be monitored and reported on over a 7- year period. 7.2.a Packet Pg. 151 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 26 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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 appropriate associated native vegetation in the 7.2.a Packet Pg. 152 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 27 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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-BIO-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. 7.2.a Packet Pg. 153 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 28 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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 7.2.a Packet Pg. 154 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 29 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. Implementation of the Proposed Project could diminish the integrity of the Tonner Canyon movement corridor. MM-BIO-6 Wildlife 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. Include in project conditions of approval. Prior to discretionary project approval. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 155 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 30 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. 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 7.2.a Packet Pg. 156 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 31 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. 7.2.a Packet Pg. 157 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 32 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial Plant native trees, shrubs, and other plants to provide food and cover, as well as nesting opportunities for birds. Management and Enforcement 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 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. Cultural, Historic, and Tribal Cultural Resources 7.2.a Packet Pg. 158 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 33 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial Implementation of the Proposed Project could cause adverse impacts on historical resources. MM-CULT-1 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 Submittal of findings and documentation. Prior to discretionary project approval. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 159 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 34 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. Implementation of the Proposed Project could cause adverse impacts on archaeological resources. 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 Submittal of archaeological resources assessment. Prior to discretionary project approval. Construction contractor; City of Diamond Bar Community 7.2.a Packet Pg. 160 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 35 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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 approval of project plans and publication of subsequent CEQA documents. The qualified archaeologist shall provide Development Department 7.2.a Packet Pg. 161 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 36 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. Geology, Soils, and Seismicity Implementation of the Proposed Project could cause adverse impacts on paleontological resources. 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 professional Submittal of technical report. Prior to discretionary project approval. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 162 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 37 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. Implementation of the Proposed Project could cause adverse impacts on paleontological resources. 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 Submittal of findings and documentation, followed by monitoring report. Prior to discretionary project approval. Monitoring report shall be prepared after cessation of ground disturbance. Construction contractor; City of Diamond Bar Community Development Department 7.2.a Packet Pg. 163 Mitigation Monitoring and Reporting Program for the City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 38 Impact Mitigation Measure Method of Verification Timing of Verification Responsibility for Verification Verification Complete Date Initial 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. 7.2.a Packet Pg. 164 RESOLUTION NO. 2019-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING THE DIAMOND BAR GENERAL PLAN UPDATE (“DIAMOND BAR GENERAL PLAN 2040”) A. RECITALS 1. 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. Government Code Section 65302 mandates every general plan to include the following seven topics (elements): land use, circulation, housing, open space, conservation, noise and safety. 3. Government Code Section Government Code Section 65303 further provides that a “general plan may include any other elements which, in the judgment of the legislative body, relate to the development of the city.” 4. On July 25, 1995, the City of Diamond Bar (“City”) adopted its first General Plan. The General Plan established goals, objectives and strategies to implement the community's vision for its future. The General Plan included the seven required elements, as well as an eighth element, Public Services and Facilities, in accordance with Government Code Section 65303. 5. 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. 6. 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. The process of updating these existing elements and drafting these new elements is referred to as the General Plan Update.” 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. 7. In September 2016, the City Council established a 15-member General Plan Advisory Committee to serve as an ad hoc, temporary advisory body to the Planning Commission and City Council in the preparation of the updated General Plan. 7.2.b Packet Pg. 165 Resolution No. 2019-44 2 8. Public engagement played a significant role in developing the vision, guiding principles, goals and policies around which the General Plan Update is framed. Between August 2016, and October 2019, the public outreach and participation effort included 23 stakeholder interviews, 10 GPAC meetings, five joint City Council/Planning Commission study sessions, two online surveys, two community workshops, and information booths at more than 17 separate events and venues. 9. Between April 19, 2018, and March 21, 2019, the GPAC held six meetings to review, revise, and ultimately endorse the draft goals and policies for the General Plan Update. Significant community input during these meetings played a major role in shaping the content and language of the goals and policies. 10. On September 16, 2019, the Diamond Bar General Plan 2040 Public Review Draft (“Public Review Draft”) was published for public review and comment. 11. On September 25, 2019, and October 8, 2019, the City Council and Planning Commission held two joint study sessions to receive public comments and provide feedback on the Public Review Draft. 12. On November 22, 2019, the Diamond Bar General Plan 2040 Public Hearing Draft (“Public Hearing Draft”) was published for public review and comment. The Public Hearing Draft incorporates corrections, clarifications and revisions to information contained in the Public Review Draft , including revisions to some of the goals and policies, in response to public comments received through October 31, 2019. Such corrections, clarifications and revisions do not alter the intent of the General Plan Update’s vision, guiding principles, goals or policies. 13. On December 4, 2019, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, concluded said hearing on that date , and adopted Planning Commission Resolution No. 2019-17 recommending that the City Council adopt the Diamond Bar General Plan Update, with the added recommendation that the City Council consider redesignating the portion of Tres Hermanos Ranch located within the City to Open Space when appropriate. 14. On December 6, 2019, Notification of the public hearing for the General Plan Update was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, and sent via email were sent to all 178 individuals who subscribed to receive General Plan Update notifications. In addition to the published and emailed notices, public notices were posted at the City’s designated community posting sites. 7.2.b Packet Pg. 166 Resolution No. 2019-44 3 15. In accordance to the provisions of California Environmental Quality Act CEQA) Guidelines Section 15168 et seq., an Environmental Impact Report EIR) was prepared, which found that the General Plan Update may have significant impacts on the environment. Pursuant to CEQA Guidelines Sections 15090 through 15093, the City Council must certify the EIR, make findings for each significant impact and adopt a statement of overriding considerations prior to or concurrently with the adoption of the General Plan Update. Concurrently herewith, the City Council adopted Resolution No. 2019-XX certifying the Final EIR, adopting Findings of Fact and a Statement of Overriding Considerations, and approving the Mitigation Monitoring and Reporting Program for the General Plan Update and Climate Action Plan; and Resolution No. 2019-XX adopting the Diamond Bar 2040 Climate Action Plan. 16. All legal prerequisites to the adoption of this resolution have occurred. 17. 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 Divisio n, 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: 1. That all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council, after due consideration of public testimony, staff analysis and the Council’s deliberations, has determined that the Diamond Bar General Plan Update, including all elements, goals and policies therein, satisfies all of the requirements of state law, and will appropriately guide the implementation of the Community Vision and Guiding Principles established by the people of Diamond Bar, as set forth in Section 1.4 of the General Plan Update. 3. The City Council hereby adopts the Diamond Bar General Plan 2040, which is incorporated herein by reference as Exhibit A. PASSED, APPROVED AND ADOPTED this 17th day of December. Mayor 7.2.b Packet Pg. 167 Resolution No. 2019-44 4 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 17th day of December, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Kristina Santana, City Clerk 7.2.b Packet Pg. 168 EXHIBIT A Diamond Bar General Plan 2040 Public Hearing Draft Provided under separate cover due to document size. The full document has been provided to the City Council. Also available at www.diamondbargp.com 7.2.b Packet Pg. 169 RESOLUTION NO. 2019-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING THE DIAMOND BAR CLIMATE ACTION PLAN (“DIAMOND BAR CLIMATE ACTION PLAN 2040”) A. RECITALS 1. Beginning in 2006, the State Legislature and Office of the Governor passed a series of laws and Executive Orders collectively mandating that California reduce its greenhouse gas (GHG) emissions to 80 percent below 1990 levels by 2050. SB 97 further requires that GHG emissions be analyzed as part of the CEQA review process (EIRs, for example). To reach these targeted reductions, the California Air Resources Board (CARB) recommends that local governments target six (6) metric tons carbon dioxide equivalent (MTCO2e) per person per year by 2030, and two (2) MTCO2e by 2050. 2. A Climate Action Plan (CAP) is a comprehensive inventory of specific activities a public agency should undertake to reduce greenhouse gas GHG”) emissions that originate within its jurisdiction. 3. In June 2016, the City initiated a comprehensive update to the Diamond Bar General Plan (“General Plan Update”). It was subsequently determined that the concurrent preparation of a CAP would be the most efficient and effective method for the City to document how it will be able to reduce its GHG emissions in compliance with state mandates and goals. 4. Because current regulations only set forth 2030 and 2050 targets, the Diamond Bar CAP interpolates four (4) MTCO2e to be the target for 2040 in order to align with the General Plan Update’s horizon year. 5. On September 16, 2019, the Diamond Bar CAP Public Review Draft (“Public Review Draft”) was published for public review and comment. 6. The Diamond Bar CAP finds that with the Policies set forth in the General Plan Update, the City 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. On September 25, 2019 and October 8, 2019, the City Council and Planning Commission held two joint study sessions to receive public comments and provide feedback on the Public Review Draft. 7.2.c Packet Pg. 170 Resolution No. 2019-45 2 8. On November 22, 2019, the Diamond Bar CAP Public Hearing Draft (“Public Hearing Draft”) was published for public review and comment. The Public Hearing Draft incorporates corrections, clarifications and revisions to information contained in the Public Review Draft, including revisions to some of the goals and policies, in response to public comments received through October 31, 2019. Such corrections, clarifications and revisions do not alter the initial findings of the Diamond Bar CAP. 9. On December 4, 2019, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, concluded said hearing on that date , and adopted Planning Commission Resolution No. 2019-18 recommending that the City Council adopt the CAP. 10. On December 6, 2019, Notification of the public hearing for the Climate Action Plan was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, and sent via email were sent to all 178 individuals who subscribed to receive General Plan Update notifications which also includes CAP notifications). In addition to the published and emailed notices, public notices were posted at the City’s designated community posting sites. 11. In accordance to the provisions of California Environmental Quality Act CEQA) Guidelines Section 15168 et seq., an Environmental Impact Report EIR) was prepared, which found that the General Plan Update and CAP may have significant impacts on the environment. Pursuant to CEQA Guidelines Sections 15090 through 15093, the City Council must certify the EIR, make findings for each significant impact and adopt a statement of overriding considerations prior to or concurrently with the adoption of the General Plan Update. Concurrently herewith, the City Council adopted Resolution No. 2019-XX certifying the Final EIR, adopting Findings of Fact and a Statement of Overriding Considerations, and approving the Mitigation Monitoring and Reporting Program for the General Plan Update and CAP; and Resolution No. 2019-XX adopting the Diamond Bar General Plan Update. 12. All legal prerequisites to the adoption of this resolution have occurred. 13. 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. 7.2.c Packet Pg. 171 Resolution No. 2019-45 3 B. RESOLUTION NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Diamond Bar, as follows: 1. That all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council, after due consideration of public testimony, staff analysis and the Council’s deliberations, has determined that the Diamond Bar CAP will effectively serve as Diamond Bar’s official GHG reduction strategy to reduce the City’s GHG emissions to four (4) MTCO2e per person per year by the year 2040. 3. The City Council hereby adopts the Diamond Bar Climate Action Plan, which is incorporated herein by reference as Exhibit A, with the addition of the City’s Balanced Energy Resolution (Resolution No. 2019-10) as Appendix E to the CAP and incorporated herein as Exhibit B. PASSED, APPROVED AND ADOPTED this 17th day of December. Mayor 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 17th day of December, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Kristina Santana, City Clerk 7.2.c Packet Pg. 172 EXHIBIT A Diamond Bar Climate Action Plan 2040 Public Hearing Draft Provided under separate cover due to document size. The full document has been provided to the City Council. Also available at www.diamondbargp.com 7.2.c Packet Pg. 173 EXHIBIT B 7.2.c Packet Pg. 174 7.2.c Packet Pg. 175 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: December 4, 2019 CASE/FILE NUMBER: Diamond Bar General Plan Update and Climate Action Plan RECOMMENDED ACTIONS: Adopt the attached resolutions recommending that the City Council take the following actions: 1. Certify the Final Environmental Impact Report, prepare and adopt a Statement of Overriding Considerations and adopt the Mitigation Monitoring and Reporting Program for the Diamond Bar General Plan Update and Climate Actio n Plan; 2. Adopt the Diamond Bar General Plan Update (“Diamond Bar General Plan 2040”); and 3. Adopt the Diamond Bar Climate Action Plan (“Diamond Bar Climate Action Plan 2040”). INTRODUCTION: In the years following the adoption of our first General Plan in 1995, Diamond Bar has grown and matured, and faces the new challenges and aspirations that arise with the passage of time. Planning concepts considered novel in the 1990s are now common practice in California and across the nation. The once -abstract principles of sustainability and managing greenhouse gas emissions are now integral to local, regional, statewide and multinational environmental regulations and policymaking. In 2014, the City Council determined that we have reached the appropriate point in time to revisit the guiding vision and policies expressed in Diamond Bar’s original General Plan, and established the General Plan Fund as part of the FY 2014/15 budget with an initial appropriation of $500,000 from the City’s share of the Site D sales . Subsequent contributions enabled the City to embark on a comprehensive General Plan Update program at the start of FY 2016/17. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.2.d Packet Pg. 176 Diamond Bar General Plan Update and Climate Action Plan Page 2 of 20 An updated General Plan will equip Diamond Bar with contemporary strategies needed to tackle the many governmental and environmental challenges facing us now, and in the years, ahead. Today, cities are left to deal with mandates (often unfunded) such as managing stormwater runoff and reducing vehicle miles traveled through the formulation of regional and subregional “sustainable community strategies” (arcane topics when our General Plan was first adopted in 1995). Diamond Bar’s population is aging, and we may wish to diversify our housing stock further so that our residents may age in place if they wish to. Our economic sustainability may be at risk unless we formulate new strategies to promote land uses that generate municipal revenues. A comprehensive update to our General Plan would enable us to proactively and opportunistically guide the City through another cycle of growth and change. A Climate Action Plan is a comprehensive inventory of specific activities a public agency should undertake to reduce greenhouse gas (“GHG”) emissions that originate within its jurisdiction. The City of Diamond Bar has prepared a draft Clim ate Action Plan to document how it will be able to reduce its GHG emissions in compliance with State mandates and goals. BACKGROUND General Plan Framework California 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.” A general plan is comprised of text, diagrams and maps to effectively communicate how it is to be implemented. General plans are required to cover seven mandatory topics, or “elements”: land use, circulation, conservation, open space, safety, noise, and housing. The combination of two or more elements within the chapters of a general plan is permitted. The Diamond Bar General Plan Update covers six of the seven mandatory elements. Because housing elements are the only element required under State law to be updated on a standardized cycle, and to be subject to certification by the California Department of Housing and Community Development, Diamond Bar’s 2014 -2021 Housing Element is incorporated by reference, but is not part of the comprehensive General Plan Update. The table below shows where the required elements can be found in the General Plan Update: 7.2.d Packet Pg. 177 Diamond Bar General Plan Update and Climate Action Plan Page 3 of 20 Relationship between General Plan Elements and State Requirements Required Element Location in Diamond Bar General Plan Land Use Chapter 2: Land Use and Economic Development Circulation Chapter 4: Circulation Conservation Chapter 5: Resource Conservation Open Space Chapter 5: Resource Conservation Safety Chapter 7: Public Safety Noise Chapter 7: Public Safety Housing Provided under separate cover Government Code Section 65303 further provides that a “general plan may include any other elements which, in the judgment of the legislative body, relate to the development of the city.” In order to better reflect the values of the community, the Diamond Bar General Plan Update incorporates the following elective elements: Economic Development (Chapter 2), Community Character & Placemaking (Chapter 3), Public Facilities & Services (Chapter 6), and Community Health & Sustainability (Chapter 8). With the exception of the housing element, there is no “expiration date” for a general plan. However, 20 years is generally regarded as the rule of thumb for a general plan’s lifecycle. In that light, a horizon year of 2040 has been defined for the Diamond Bar General Plan Update, and Diamond Bar General Plan 2040 is proposed to be the formal title for the document. General Plan Update Process The Public Hearing Draft General Plan, Public Hearing Draft Climate Action Plan and Final EIR are the products of a 3½-year work effort consisting of three phases. The Planning Commission and City Council adoption hearings comprise the final tasks of Phase 3. A summary of the tasks related to the General Plan Update preparation is provided below. Subsequent sections of this staff report discuss the scopes of work related to the CAP and EIR. Phase 1: Project Initiation, Visioning and Issue Identification (August 2016-March 2017) Phase 1 commenced with a Joint City Council/Planning Commission meeting on August 10, 2016. The 15-member, Council-appointed General Plan Advisory Committee GPAC) also held its first two meetings (October 12, 2016 and January 19, 2017). A community workshop was held at the Diamond Bar Center on November 9, 2016, where approximately 80 attendees took part in identifying common visions and themes for Diamond Bar’s future, and provided input on the major planning issues to be addressed in the General Plan Update. Phase 1 concluded with a second Joint City Council/Planning Commission meeting on March 29, 2017). 7.2.d Packet Pg. 178 Diamond Bar General Plan Update and Climate Action Plan Page 4 of 20 Phase 2: Options and Strategies (April 2017-January 2018) A variety of outreach tools were deployed during this phase to promote awareness of the General Plan Update and to seek community input on a variety of topics, including where to locate a future downtown (“Town Center”), which is one of the cornerstones of the Community Vision formulated during Phase 1. General Plan Chapter 1 Introduction) provides a detailed overview of the outreach efforts undertaken during this phase. The GPAC met twice during Phase 2, and a second community workshop at the DBC was held on October 19, 2017, where approximately 130 community members provided feedback to help define the framework of the preferred land use plan. Phase 2 concluded with a Joint City Council/Planning Commission meeting where the preferred land use plan, incorporating the following new land use designations, was selected: Town Center Mixed Use (TC-MU) – Diamond Bar Boulevard, between Golden Springs Drive and the SR 60 Freeway overpass. Neighborhood Mixed Use (N-MU) – Diamond Bar Boulevard, between Sunset Crossing Road and Highland Valley Road; Transit Oriented Mixed Use (TOD-MU) – Brea Canyon Road, between Lycoming Avenue and Washington Street. Community Core Overlay (CCO) – The site of the County-owned Diamond Bar Golf Course. The purpose of the CCO is to proactively guide the future use of the site in the event that Los Angeles County should ever close or reduce the size of the golf course. Phase 3: Draft and Final Documents (February 2018-December 2019) The GPAC held six meetings during this phase to review, revise, and ultimately endorse the draft Goals and Policies for the General Plan Update at its tenth and final meeting on March 21, 2019. Significant community input during these meetings played a major role in shaping the content and language of the Goals and Policies. The Public Review Draft General Plan was released for public review on September 16, 2019. The City Council and Planning Commission held two joint study sessions on September 25, 2019 and October 8, 2019 to receive public comments, and provide feedback to facilitate the preparation of the Public Hearing Draft General Plan. At the September 25, 2019 joint meeting, the joint bodies expressed concerns that several draft policies were regulatory in tone and written as directives rather than statements of intent to guide the implementation of the General Plan. In response, staff presented revisions to several of the draft Goals and Policies at the October 8 study 7.2.d Packet Pg. 179 Diamond Bar General Plan Update and Climate Action Plan Page 5 of 20 session that avoid words and phrases more commonly associated with code regulations, without altering the intent of the draft Goals and Policies. The majority of the City Council and Planning Commission accepted the revisions and directed staff to incorporate them into the Public Hearing Draft General Plan. GENERAL PLAN UPDATE SUMMARY Phases 1 and 2 of the General Plan update process created the outline from which the Diamond Bar General Plan 2040 document was written. The fundamental building blocks of the document are the Community Vision and Guiding Principles (Section 1.4), together with the Goals and Policies that form the basis for Chapters 2 through 8. The primary purpose of the document as a whole is to establish the underlying context for the Community Vision, Guiding Principles, Goals and Policies. The design and layout of the General Plan Update are intended to make for a user- friendly, easy-to-use document. For example, document navigation is facilitated by color-coded page headers (e.g., green for Chapter 1, orange for Chapter 2, etc.). Also, key topics within the chapters are highlighted within text boxes. Photos and other vivid graphics are used to convey the ideas and vision for the community presented in the text. Chapter 1 – Introduction This Chapter provides an overview of the purpose, authority, scope, organization and administration of the General Plan. Section 1.3 summarizes the General Plan update process, including the multi-faceted public outreach and participation efforts which included stakeholder interviews, surveys, community workshops, pop-up events, newsletters, social media and website campaign, the ten GPAC meetings, and the workshops and public hearings leading to the ultimate adoption of the General Plan. The Community Vision Statement and Guiding Principles were developed though the collective input that was received, and sets the stage for the collective aspirations and readiness for the future of Diamond Bar. Chapter 2 – Land Use and Economic Development Chapter 2 has the broadest scope of all the chapters and provides the overall framework for the physical development of the community and the distribution and intensity of land uses upon which many of the goals and policies in other chapters are based. Important to the Chapter is the Land Use Diagram (Figure 2-2) which illustrates the distribution of land uses throughout the City. The Land Use Diagram, combined with the defined land use classifications, determine how properties may be developed. The proposed Land Use Diagram is much more detailed than its 1995 predecessor, with land uses now designated at the parcel level given the technological advances in mapping and graphic capabilities. 7.2.d Packet Pg. 180 Diamond Bar General Plan Update and Climate Action Plan Page 6 of 20 For the majority of the community, the Land Use Diagram reflects the current built environment. No changes to any of the residential neighborhoods have been proposed. The Land Use Diagram incorporates previously approved developments, open space areas, parks and other facilities that have been approved since the 1995 General Plan to provide a more comprehensive and current inventory of land uses. As mentioned in the Background section of this staff report, much effort and community outreach focused on developing a “preferred” land use plan, which was selected at the January 30, 2018 Joint City Council/Planning Commission Study Session. That Preferred Plan, and now the Land Use Diagram, reflects the desire to create four new focus areas as part of a strategy to provide walkable mixed-use activity centers in an otherwise built-out environment. The focus areas provide opportunities for infill development that can incorporate a variety of housing, retail, entertainment and restaurant uses to meet the needs of the existing and future residents of the City. These focus areas include: Town Center Mixed Use - A “Town Center” is identified along Diamond Bar Boulevard between SR-60 and Golden Springs Drive that could accommodated a more traditional downtown’ type development with entertainment, retail restaurant, community gathering spaces and ancillary residential uses to create a walkable environment. A maximum Floor Area Ratio (FAR) of 1.25 and a maximum residential density of 20 dwelling units per acre is permitted. Source: Fig. 3-3, Diamond Bar General Plan 2040 Town Center Mixed Use 7.2.d Packet Pg. 181 Diamond Bar General Plan Update and Climate Action Plan Page 7 of 20 Neighborhood Mixed Use – The Neighborhood Mixed Use focus area is envisioned as a combination of residential and neighborhood serving retail and services to promote revitalization of North Diamond Bar Boulevard between Sunset Crossing Road and Highland Valley Road. A maximum FAR of 1.25 and a maximum residential density of 30 dwelling units per acre is permitted. Source: Fig. 3-2, Diamond Bar General Plan 2040 Transit Oriented Mixed Use – This focus area is intended to leverage underutilized sites around the Metrolink station to provide higher-density housing, offices and supporting commercial uses close to regional transit. A maximum FAR of 1.5 with residential densities between 20 and 30 dwelling units per acre is permitted. Source: Fig. 3-3, Diamond Bar General Plan 2040 Neighborhood Mixed Use Transit-Oriented Mixed Use 7.2.d Packet Pg. 182 Diamond Bar General Plan Update and Climate Action Plan Page 8 of 20 Community Core Overlay – This focus area covers the County owned and operated golf course. Should the County choose to discontinue operation of the golf course, the Overlay would envision a master-planned, mixed-use, pedestrian- oriented community and regional destination. The majority of site north of the existing clubhouse would support park, open space and other community and civic uses. The area from the clubhouse south would accommodate a mix of uses emphasizing destination and specialty retail, dining, and entertainment, including opportunities for residential, hospitality, and community and civic uses. Source: Fig. 3-3, Diamond Bar General Plan 2040 The land use density and intensity standards for all land use categories are identified in Table 2-2 on Page 2-16. The potential buildout under the proposed General Plan is identified in Table 2-3 on Page 2-17 which estimates up to 3,750 new housing units, 7,000 new jobs, and 8,800 new residents for a total population estimated at 66,700 that could result from the 2040 General Plan. It is expected that much of the growth would occur within the four focus areas mentioned above. The Goals and Polices contained in this Chapter provide direction to achieve the future growth anticipated by the land use plan and apply both Citywide and specific to various land use categories such as residential, non-residential, public facilities and open space. The majority of the Goals and Policies are related to the new opportunities within the four mixed-use focus areas. Community Core Overlay 7.2.d Packet Pg. 183 Diamond Bar General Plan Update and Climate Action Plan Page 9 of 20 Chapter 3 – Community Character & Placemaking This Chapter guides the physical form and character of the City by providing strategies to strengthen the City’s identity through both new development and public improvements. Placemaking elements include features such as monuments and decorative treatments that define City entry points, public art installations, decorative streetscape elements at key intersections or districts, and landscaping that creates a memorable and unified character. The desired character for the community is to retain and build upon the recent efforts to create placemaking elements that tell the story of Diamond Bar’s early ranch origins. This includes continued expansion of the entry monuments signs and decorative intersection treatments throughout the community. The Goals and Polices contained in this Chapter provide direction to incorporate such elements into both new development projects and public improvements. The majority of the Goals and Policies are related to the new opportunities within the four mixed-use focus areas and encourage walkable and pedestrian-oriented neighborhoods. Chapter 4 – Circulation This Chapter is aimed at improving 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. It is important to note that the California Complete Streets Act was passed in 2008 which requires circulation elements of general plans to include Complete Streets policies to balance the needs of all users of the streets, including pedestrians, bicyclists, motorists, and transit riders of all ages and abilities. The Circulation Diagram (Figure 4-1) defines the City’s roadway system, which is designed to accommodate the existing and anticipated development under the Land Use Plan. The Circulation Chapter introduces boulevards as a roadway classification that was not part of the 1995 General Plan. Boulevards are a type of arterial designed to connect major destinations within the City, and are highly visible and aesthetically landscaped with shade trees and wide sidewalks. Boulevards provide consolidated access to adjacent commercial and residential uses while balancing the needs of motorists, bicyclists, and pedestrians with sidewalks and protected bicycle facilities. Figure 4 -1 designates Diamond Bar Boulevard, Golden Springs north of the 57/60 Confluence overpass, and Grand Avenue between Montefino and Chisolm Trail as boulevards. 7.2.d Packet Pg. 184 Diamond Bar General Plan Update and Climate Action Plan Page 10 of 20 Chapter 5 – Resource Conservation Conservation and open space elements are among the seven general plan elements mandated under State law. A conservation element is required to provide guidance for the conservation, development, and utilization of natural resources, including water quality and hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and others as applicable to each jurisdiction. An open space element is intended to ensure that cities and counties recognize that open space land is a limited and valuable resource, and that they prepare and carry out open space plans to guide the comprehensive long-range preservation and conservation of open space land. The Resource Conservation Chapter is a combination of these two required elements, as several of the issues addressed under each topic are closely related. Local natural resources play a major role in making the Diamond Bar a unique and desirable place to live. When asked what they love about their City, Diamond Bar residents rank its open spaces and the diversity of plants and wildlife that inhabit those areas alongside our safe, attractive neighborhoods and excellent schools. The General Plan Update recognizes that Diamond Bar is largely built out, and to preserve and protect the character of our natural setting, most new growth must be achieved through infill development and by accommodating intensification within the identified focus areas. The Resource Conservation Chapter provides policies to guide the City’s stewardship of its resources, ensuring the conservation and enhancement of open spaces, biological resources, water and air quality, and cultural resources. Chapter 6 – Public Facilities & Services This Chapter sets forth the policy framework for the City to manage infrastructure and services, identify areas for improvement, and ensure that public utilities, services, and programs can meet the needs of the community into the future. This Chapter is organized into three major topics areas: Parks and Recreation; Schools and Community Facilities; and Utilities. The Goals and Policies applicable to these topics emphasize the following strategies: Parks and Recreation o Maintain and expand the City’s system of parks, recreation facilities, open spaces and trails to meet current and future recreational needs. o Prioritize the dedication new parks over the payment of in -lieu fees in conjunction with residential development where possible. Schools and Community Facilities o Continue to support efforts to maintain the excellence of our public schools 7.2.d Packet Pg. 185 Diamond Bar General Plan Update and Climate Action Plan Page 11 of 20 o Continue to provide all residents with access to high quality learning opportunities in cooperation with the two school districts, the L.A. County Library system and community organizations o Continue to provide and expand opportunities for all residents to gather, interact, exchange ideas, and establish and realize common goals. Utilities o Maintain and upgrade the City’s infrastructure systems to ensure that utilities and municipal services meet the current and future needs of the City. o Work with telecommunications providers to deliver the best services possible to Diamond Bar residents, businesses and visitors. Chapter 7 – Public Safety The purpose of this Chapter is to identify the natural and man-made public health and safety hazards that exist within the City, and to establish preventative and responsive policies and programs to mitigate their potential impacts, particularly in light of our unique environmental, seismic, and topographic conditions. This Chapter also addresses the excellent public safety services provided by the L.A. County Sheriff’s and Fire Departments, and endorses the continuation of the contract model of government for the continuation of these services. Lastly, the Public Safety Chapter addresses noise and serves to limit the exposure of the community to excessive noise levels. The Chapter includes up-to-date and detailed maps of the City’s hazard areas by category, which are to be used to guide the ongoing development of plans and strategies to prepare for and protect the community from wildfire threats, geologic events, and other potential hazards. The Goals and Policies emphasize partnerships with local, regional and State agencies to ensure the City’s readiness for public safety threats through action plans and educational efforts. Chapter 8 – Community Health and Sustainability The topics covered in this Chapter include relatively recent State law requirements that general plans include “environmental justice” policies that identify any disadvantaged communities within the Planning Area, and provide policies to reduce the unique or compounded health risks facing those communities. The additional health -related sections of this chapter are not required by State law, but address issues identified through community outreach efforts to be important to Diamond Bar residents. The Goals and Policies in this Chapter identify strategies to facilitate healthy and active lifestyles, social connections and celebrating diversity, access to healthy food, and climate change resilience. Many of these strategies could be incorporated into existing or future City programs and Development Code standards. 7.2.d Packet Pg. 186 Diamond Bar General Plan Update and Climate Action Plan Page 12 of 20 CLIMATE ACTION PLAN Beginning in 2006, the State Legislature and Office of the Governor passed a series of laws and Executive Orders collectively mandating that California reduce its greenhouse gas (GHG) emissions to 80 percent below 1990 levels by 2050. SB 97 further requires that GHG emissions be analyzed as part of the environmental review process pursuant to the California Environmental Quality Act (CEQA). To reach these targeted reductions, the California Air Resources Board (CARB) recommends that local governments reduce per capita GHG emissions to 6 metric tons carbon dioxide equivalent (MTCO2e) per year by 2030, and 2 MTCO2e by 2050. A Climate Action Plan (CAP) is a comprehensive inventory of specific activities a public agency should undertake to reduce GHG emissions that originate within its jurisdiction. The City of Diamond Bar has prepared a Climate Action Plan to document how it will be able to reduce its GHG emissions in compliance with State mandates and goals. The Diamond Bar CAP applies broadly accepted climate science methodologi es to estimate the City’s per capita MTCO2e emissions for the General Plan’s horizon year of 2040. Because current regulations only set forth 2030 and 2050 targets, the Diamond Bar CAP interpolates 4 MTCO2e to be the target for 2040. The CAP finds that 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. In addition to validating the General Plan Update’s role in meeting Diamond Bar’s GHG reduction targets, the City would benefit from adopting a Climate Action Plan in two more ways. First, CAPs are currently the most defensible approach to CEQA GHG analyses. Previous attempts to apply statewide GHG reduction standards have been successfully overturned by the California Supreme Court.1 Because CAPs specifically tailor GHG reductions to the local level (which may be more restrictive than statewide standards), they more likely to survive legal challenges. Secondly, CAPs enable streamlined GHG analyses for future development projects. Once a climate action plan has been adopted, later, project-specific environmental documents may rely upon that plan and its environmental impact report to streamline project-level evaluation of GHG impacts under CEQA. This approach has been tested and upheld by the California Supreme Court.2 This streamlining process should also help to reduce costs when preparing environmental analyses for subsequent projects. 1 Ctr. for Biological Diversity v. Dep't of Fish & Wildlife, (2015) 62 Cal.4th 204, 225, as modified on denial of reh'g (Feb. 17, 2016). 2 Center for Biological Diversity v. Department of Fish & Wildlife (2015) 62 Cal.4th 204, 230; Mission Bay Alliance v. Office of Community Investment & Infrastructure (2016) 6 Cal.App.5th 160. 7.2.d Packet Pg. 187 Diamond Bar General Plan Update and Climate Action Plan Page 13 of 20 For example, if individual projects are consistent with the CAP, then GHG impacts are unlikely to be significant and no additional mitigation and monitoring measures should be required. ENVIRONMENTAL IMPACT REPORT An Environmental Impact Report (EIR) was prepared to evaluate the potential impacts of the proposed Diamond Bar Update and Climate Action Plan. For the purposes of the EIR, the General Plan Update and CAP are collectively referred to as the “Proposed Project.” In accordance with the mandates of CEQA, the EIR is intended to inform decisionmakers and the general public of the potential significant environmental impacts of the Proposed Project. The EIR also considers the availability of mitigation measures to minimize significant impacts and evaluates reasonable alternatives to the Proposed Project that may reduce or avoid one or more significant environmental effects. This EIR is classified as a “program EIR” that examines the potential effects resulting from implementing designated land uses and policies in the Proposed Project. The impact assessment evaluates the Proposed Project as a whole and identifies the broad, regional effects that may occur with its implementation. As a programmatic document, the EIR does not assess site-specific impacts. Any future development project made possible by the Proposed Project would be subject to individual, site -specific environmental review, as required by State law. This EIR represents the best effort to evaluate the Proposed Project given its planning horizon through the year 2040. It can be anticipated that conditions will change; however, the assumptions used are the best available at the time of preparation and reflect existing knowledge of patterns of development. The EIR is comprised of two separately-prepared volumes: Draft EIR – The Draft EIR analyzes the potential environmental effects that may result from the implementation of the General Plan Update and Climate Action Plan and addresses potentially significant environmental effects in the areas of aesthetics; air quality; biological resources; cultural, historic and tribal cultural resources; energy, climate change and greenhouse gases; geology, soils, seismicity and paleontology; hazards, hazardous materials and wildfire; hydrology and water quality; land use and housing; noise; public facilities and recreation; transportation; and utilities and service systems. Where potentially significant adverse impacts were identified, the EIR proposed measures to mitigate them. The mitigation measures compiled in Table ES-4 (Summary of Impacts and Mitigation Measures) in the Draft EIR’s Executive Summary, and in Exhibit “A” of the attached EIR certification resolution. Response to Comments (RTC) – The RTC contains all of the comments from public agencies, public interest organizations and individuals that provided comments on the Draft EIR; written responses to those comments; and an errata containing all of the revisions to the Draft EIR warranted by the comments received on the Draft EIR, as well as corrections and clarifications to the Draft EIR. 7.2.d Packet Pg. 188 Diamond Bar General Plan Update and Climate Action Plan Page 14 of 20 The Draft EIR and RTC together comprise the Final EIR. Common usage typically refers to the RTC alone as the “Final EIR” because it is routinely bound as a separate volume. Opportunities for Public Input Outreach to solicit participation from public agencies and interested persons during the EIR process included the following efforts: Notice of Preparation: May 31, 2018, the City circulated a Notice of Preparation (NOP) to solicit comments on the scope and content of the Environmental Impact 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 th e 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. 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. A copy of the NOP along with NOP comments are provided in Appendix A of the EIR. Scoping Meeting: The City conducted a public scoping meeting on June 21, 2018 at Diamond Bar City Hall Windmill Community Room. Approximately 30 persons attended the meeting, and ten attendees spoke on the topics that they requested to see addressed in the EIR. Notice of Completion/Availability: On September 13, 2019, 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, 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 and at the Diamond Bar Public Library. The State -mandated 45-day public review period for the Draft EIR ran from September 16, 2019 to October 31, 2019. Draft EIR Comments and Responses: Comments received on the Draft EIR are provided in Chapter 2 of the Final EIR, and responses to those comments are provided in Chapter 3 of the Final EIR. The Response to Comments address all comments received during the 45-day EIR review period. CEQA Guidelines Section 15132(d) requires that the Final EIR include “The responses of the Lead Agency to significant environmental points raised in the review and consultation process.” Where appropriate, changes to the EIR have been made in response to comments received. Some EIR comments related to issues which, absent a physical change in the environment are not issues within the scope of CEQA, and are so noted in the responses. 7.2.d Packet Pg. 189 Diamond Bar General Plan Update and Climate Action Plan Page 15 of 20 Significant and Unavoidable Impacts The Draft EIR identifies 23 mitigation measures to mitigate potentially significant impacts in the categories of Air Quality, Biological Resources, Cultural/Historic/Tribal Resources and Geology/Soils/Seismicity/Paleontology. The Draft EIR also identifies four potentially significant impacts that cannot be avoided or mitigated to less than significant levels; those significant and unavoidable impacts, even with the incorporation of mitigation measures, are in the categories of Air Quality, Cultural and Archaeological Resources and Transportation. It should be noted that these significant and unavoidable impacts exist even if the General Plan is not updated. For example, the South Coast Air Basin currently exceeds State and federal levels for ozone and specified airborne pollutants. Any activity that emits such pollutants is considered a contributor the cumulative air quality conditions in the Basin. In the category of cultural, historic and archaeological resources, the California Office of Historic Preservation considers buildings and structures more than 45 years old to be potentially significant historic resources. Without a Citywide inventory and assessment of every building in the City (including tract homes), the demolition or substantial alteration of such structures may be regarded as a loss of a potentially significant historic or cultural resources. In the category of transportation, a significant impact would occur if total vehicl e miles traveled (VMT) 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, VMT will exceed baseline conditions for the foreseeable future. Environmental Conclusions If significant new information is added to an EIR after notice of public review has been given, but before final certification of the EIR, the Lead Agency must issue a new notice and recirculate the EIR for further comments and consultation. Significant new information is that which discloses that: A new significant environmental impact would result from the project or from a new mitigation measure proposed to be implemented; A substantial increase in the severity of an environmental impact would result unless mitigation measures are adopted that reduce the impact to a level of insignificance; A feasible project alternative or mitigation measure considerably different from others previously analyzed would clearly lessen the significant environmental impacts of the project, but the project’s proponents decline to adopt it; or 7.2.d Packet Pg. 190 Diamond Bar General Plan Update and Climate Action Plan Page 16 of 20 The Draft EIR was so fundamentally and basically inadequate and conclusory in nature that meaningful public review and comment were precluded. Corrections or clarifications to the Draft EIR identified in the Final EIR do not constitute significant new information pursuant to Section 15088.5 of the CEQA Guidelines; this new information merely clarifies and makes insignificant changes to an adequate EIR. Information presented in the Draft EIR and Final EIR support this determination. As stated, implementation of the General Plan Update is expected to result in significant and unavoidable significant impacts. Should the City Council adopt the proposed General Plan Update and CAP regardless of these unavoidable impacts, CEQA requires that it adopt a Statement of Overriding Considerations, supported by findings, that concludes that the economic, legal, social, technological, and other benefits of the Proposed Project outweigh the unavoidable environmental risks. If the Planning Commission recommends adoption of the General Plan and CAP, Findings of Fact and a Statement of Overriding Considerations will be presented to the City Council for consideration. Mitigation Monitoring and Reporting Program (MMRP) Public Resources Code Section 21081.6(a)(1) requires a lead or responsible agency that approves or carries out a project where an 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 MMRP for the General Plan Update and CAP is included as Exhibit “A” to the attached resolution recommending certification of the Final EIR. 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; 5. 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, 7.2.d Packet Pg. 191 Diamond Bar General Plan Update and Climate Action Plan Page 17 of 20 will then determine if modification to the project is required, and/or whether alternative mitigation is appropriate. MINOR REVISIONS TO THE GENERAL PLAN UPDATE AND EIR Comments received during the public review period for the Public Review Draft General Plan Update, CAP and Draft EIR resulted in minor revisions, corrections and clarifications to the Final EIR and Public Hearing Draft General Plan Update. Chapter 4 of the Final EIR compiles these amendments and serves as the errata to the Draft EIR, and are summarized below. Updated Goals and Policies In response to the direction received at the September 25, 2019 and October 8, 2019 study sessions and other comments received, several Goals and Policies were revised to read as statements of intent, rather than regulations. Revision to the Neighborhood Mixed Use District Boundaries As stated during the September 25, 2019 study session public comments, the parcel along Diamond Bar between Sunset Crossing Road (south of Wienerschnitzel) and the SR-60 on and offramps is highly constrained due to topography and ingress/egress restrictions. As such, it is unlikely that the site could be developed in conformance with the Neighborhood Mixed Use District goals and policies. Staff concurs with the commenter’s remarks, and recommends that the parcels south of Sunset Crossing Road be detached from the Neighborhood Mixed Use District Boundaries. The proposed Land Use Diagram (Figure 2-2) of the Public Hearing Draft General Plan Update has thus been revised as shown below: Public Review Draft Public Hearing Draft 7.2.d Packet Pg. 192 Diamond Bar General Plan Update and Climate Action Plan Page 18 of 20 The revisions to the map do not change the environmental conclusions reached in the Draft EIR. DEIR Chapter 3.3: Biological Resources Text, mitigation measure language and figures were revised to incorporate comments received during the Draft EIR public review period. A new figure depicting wildlife migration corridor chokepoints was also added to the Final EIR. The new and revised figures were also incorporated into the Public Review Draft General Plan, as shown below. Figure 5.2: Vegetation Communities Public Review Draft Public Hearing Draft The revised figure above on the right shows areas previously designated as California Walnut Woodland (yellow) along slopes and canyons to be California Walnut Woodland/Coast Live Oak Woodland (medium green). The woodland mosaics shown within this terrain is based on the slope orientations, where slopes with westerly/southerly exposures are depicted as walnut woodlands, and slopes with northerly/easterly exposures are depicted as walnut/oak woodlands. The revisions to the map do not change the environmental conclusions reached in the Draft EIR. 7.2.d Packet Pg. 193 Diamond Bar General Plan Update and Climate Action Plan Page 19 of 20 New Figure 5.5: Wildlife Movement Choke Points The new figure to the right shows various nodes throughout the City where wildlife movement is constrained by existing development and other physical and topographical features. The figure has been added to the Final EIR and General Plan Update to inform staff and the general public of these sensitive linkages in order to avoid impacting them further in conjunction with future planning efforts. The incorporation of this figure does not change the environmental conclusions reached in the Draft EIR. NEXT STEPS: If the Planning Commission closes the public hearing and adopts the attached resolutions as submitted or amended, a City Council hearing to consider certification of the Final EIR, adopting Findings of Fact and Statement of Overriding Considerations, and adoption of the General Plan Update and CAP will be scheduled for December 17, 2019. PREPARED BY: REVIEWED BY: Attachments: 7.2.d Packet Pg. 194 Diamond Bar General Plan Update and Climate Action Plan Page 20 of 20 A. Resolution Recommending Certification of the FEIR, Preparation of Findings of Fact and a Statement of Overriding Considerations, and Adoption of the Mitigation Monitoring and Reporting Program B. Resolution Recommending Adoption of the Diamond Bar General Plan Update C. Resolution Recommending Adoption of the Diamond Bar Climate Action Plan D. Diamond Bar General Plan 2040 Public Hearing Draft E. Diamond Bar Climate Action Plan 2040 Public Hearing Draft F. Diamond Bar General Plan 2040 & Diamond Bar Climate Action Plan 2040 Final EIR G. Diamond Bar General Plan 2040 & Diamond Bar Climate Action Plan Mitigation Monitoring and Reporting Program H. Diamond Bar General Plan 2040 & Diamond Bar Climate Action Plan 2040 Draft EIR 7.2.d Packet Pg. 195 1 Greg Gubman From:Medak, Christine <christine_medak@fws.gov> Sent:Tuesday, December 3, 2019 3:42 PM To:Greg Gubman Cc:Cynthia Robin Smith; Erinn Wilson; angelica.gonzalez@SIERRACLUB.ORG Subject:Fwd: [EXTERNAL] Diamond Bar Gnatcatcher Input Request Attachments:03 Responses to Comments (Matrix).pdf; Chino_CAGN.pdf Mr. Gubman, This message is in response to a request from the public to provide specific information to the City of Diamond Bar (City) regarding critical habitat for the federally threatened coastal California gnatcatcher (Polioptila californica californica, gnatcatcher”) as it relates to gnatcatcher observations in the vicinity of the City of Diamond Bar. This information is provided for your consideration prior to finalization of the 2040 General Plan. The attached figure displays the location of designated critical habitat and gnatcatcher observations in the vicinity of the Chino/Puente Hills. Please note the attached map was prepared in 2017 and does not contain more recent observations of gnatcatchers within the City. In addition, we track only positive findings and do not track areas that have been surveyed with negative results or areas that have not been surveyed. The City of Diamond Bar is located south of critical habitat Unit 12 (Bonelli Regional Park population within East Los Angeles) and north of critical habitat Unit 9 (East Los Angeles County-Matrix/NCCP Subregion of Orange County). These units contain large blocks of high-quality habitat capable of supporting persistent populations of gnatcatchers and also provide for connectivity between significant gnatcatcher populations and coastal sage scrub (habitat for the gnatcatcher) within other critical habitat units, including Unit 7 (Orange County Central-Coastal NCCP) and Unit 10 Western Riverside County Multi-Species Habitat Conservation Plan). Substantial gnatcatcher populations are known to occur both north and south of the City. Consequently, open space areas in the City that contain coastal sage scrub may also harbor gnatcatcher territories. The potential for dispersal of gnatcatchers from the San Jose Hills, including Bonelli Regional County Park (Unit 12), south to occupied gnatcatcher habitat in the Chino/Puente Hills (Unit 9) is tenuous due to the paucity of available habitat between these areas. Remaining fragmented patches of coastal sage scrub within the City may provide important stepping stones for gnatcatcher population dispersal and genetic exchange. As such, we recommend that focus areas for future development avoid remaining open space with the potential to harbor the gnatcatcher. Please feel free to contact me if you have any questions regarding this message. Christine L. Medak Fish and Wildlife Biologist U.S. Fish and Wildlife Service 2177 Salk Avenue, Suite 250 Carlsbad, CA 92008 Phone: (760) 431-9440 ext. 298 Fax: (760) 431-9624 http://www.fws.gov/carlsbad/ Follow us on Facebook at http://facebook.com/USFWSPacificSouthwest Follow us on Twitter at http://twitter.com/USFWSPacSWest I'd like to offer a plug for actually having the natural processes instead of having to simulate them." 2-1 7.2.e Packet Pg. 198 2 Nadav Nur, PRBO Conservation Science Forwarded message --------- From: Cynthia Robin Smith <diamondbarbeautiful@gmail.com> Date: Mon, Dec 2, 2019 at 1:58 PM Subject: [EXTERNAL] Diamond Bar Gnatcatcher Input Request To: Medak, Christine <christine_medak@fws.gov> Cc: Angelica Gonzalez <angelica.gonzalez@sierraclub.org>, Wilson, Erinn@Wildlife <erinn.wilson@wildlife.ca.gov> TO: United States Fish, Wildlife Services, Christine Medak, Fish & Wildlife Biologist From: Diamond Bar - Pomona Valley Sierra Club Task Force, Robin Smith RE: Request Input, California Gnatcatcher, City of Diamond Bar Dear Christine, I am grateful for your previous information and guidance about the California Gnatcatcher population discovered in the City of Diamond Bar. This Wednesday, December 4, 2019, Public Hearing, the city Planning Commission will be considering the quality of biological reporting, related to the general plan 2040/FEIR proposal. This hearing impacts the final policies in the new General Plan 2040, up for adoption December 17, 2019. The agenda report for Dec. 4th hearing, omits recognition of CNDDB mapped gnatcatcher findings. Plus, the FEIR minimizes the value of the recent independent reports. The city's principal environmental consultant, Steve Nelson/PCR/ESA has not recorded the gnatcatcher in Diamond Bar, and appears to display erroneous ideas about the presence, local habitat and surrounding critical habitat relationship to this endangered species. Background Data Refer to the city's "response to comments" to read the city's response to Robb Hamilton's Oct. 31st comments, attached. (Previously submitted to the city, Feb. 2019, Hamilton's biological resources report was commissioned by concerned residents and the Sierra Club. You already have this document on file.) Dec. 4th Special Planning Meeting agenda report link: http://diamondbarca.iqm2.com/Citizens/FileOpen.aspx?Type=1&ID=1502&Inline=True Input Request If at all possible, can you please write a brief explanation about the California Gnatcatcher's critical habitat map as it relates to gnatcatcher findings in the City of Diamond Bar - and submit it to the city by December 4th, 4 p.m.? Community Development Director, Greg Gubman is the contact: Ggubman@diamondbarca.gov. It is our hope the USFWS input may improve environmental literacy and the preservation of the California Gnatcatcher in the City of Diamond Bar. 2-2 7.2.e Packet Pg. 199 3 Thank you for all you do, Chris. I greatly appreciate any effort you can afford us in this matter. On the Public's Behalf, Respectfully, C. Robin Smith, Diamond Bar - Pomona Valley Sierra Club, chair cc: Sierra Club, Angeles Chapter, Conservation Program Mgr. Sierra Club, Angeles Chapter Associates CDFW, Region 5, Erinn Wilson Cynthia "Robin" Smith, Editor, Research & Development, Naturalist Diamond Bar Is Beautiful Blog: www.diamondbarisbeautiful.com California Native Trees, Landscapes; Wildlife Habitat Conservation Diamond Bar - Pomona Valley Sierra Club Task Force, Chair A Public Benefit, Non-Profit Organization 324 S. Diamond Bar Blvd., #230 Diamond Bar CA 91765 909-861-9920 Desk 951-675-6760 Cell 2-3 7.2.e Packet Pg. 200 U.S. Fish and WildlifeServiceCarlsbadFishandWildlifeOffice2177SalkAve., Suite 250, Carlsbad, CA 92008 California G natcatch er O bservation! California G natcatch er Critical Hab ita t 0 3.5 7Miles Ü staff/ChrisMedak/ChinoHills/Chino_Cagn.mxd Source: USFWS CFWO, CDFWCNDDBDate: 8 March 2017 2-3 7.2.e Packet Pg. 201 December 4,2019 To:City of Diamond Bar,Planning Commission From:James Flournoy,Save the Montebello Hills,Sierra Club Task Force RE:FEIR Proposal Dear Honorable Planning Commission, Thank you for the opportunity of contributing to the City of Diamond Bar general plan/EIR process. I have studied the FEIR and general plan documents and have noticed a lack in clarity and specific language which would accomplish the preservation of oak woodlands in your community. The oak woodland,natural community distributed throughout the Puente Hills contributes to natural solutions”for climate instability,passive recreation and overall quality of life in the San Gabriel Valley Basin and beyond. Please receive and consider the California Oaks Foundation template,to implement quality preservation of the critically important oak woodlands,savanna habitats. Respectfully, James Flournoy,Save the Montebello Hills Sierra Club Task Force jf.banjo@gmail.com Attached:California Oaks Foundation template: PROPOSED GENERAL PLAN PROVISIONS FOR THE CONSERVATION OF OAK WOODLANDS 3-1 7.2.e Packet Pg. 202 1 California Oak Foundation Sample Language for PROPOSED GENERAL PLAN PROVISIONS FOR THE CONSERVATION OF OAK WOODLANDS GOAL Oak trees, oak woodlands, and associated habitats have intrinsic aesthetic, environmental, ecological, wildlife and economic values. Therefore, the conservation of oak dominated landscapes is important to the health, safety and general welfare of the citizens of the city/county. (Woodlands are defined as lands on which there is tree cover of 10%, and oak woodlands exist where the ma jority of the trees are of the genus Quercus.) The city/county finds that it is necessary to enact general plan policies and implement ordinances to protect the oak habitats from unnecessary damage, removal or destruction. The city/county also finds that it is necessary to take actions to encourage the planting of native oak trees where appropriate to enhance or restore damaged or degraded oak woodland habitats and mitigate unavoidable losses. Additionally, the city/county must educate landowners and the general public about oak woodland ecological values. POLICIES 1. Protect and extend the diversity of oak woodlands and associated habitats (defined as lands on which the majority of the trees are of the genus Quercus) through site design and land use regulations. 2. Reduce in scale, redesign, modify, or if no other alternative exists, deny any project which cannot sufficiently mitigate significant adverse impacts to oak woodlands. 3. Encourage property owners to establish Open Space Easements or deed restrictio ns for areas containing oak woodlands, and allow access to enable scientific study. 4. Encourage concentration of development on minimum number of acres (density exemptions) in exchange for maximizing long term open space. 5. As a mitigation option, allow as a condition of development approval, restoration of any area of oak woodland which is in a degraded condition, with the magnitude of restoration commensurate with the scope of the project which may include planting of native oak trees, removal of non-native or invasive species on appropriate sites with consideration for long term viability, management and protection, and/or modification of existing land uses. The object of habitat restoration shall be to enhance the functional capacity and biological produc tivity of the oak woodland and to restore it to a condition where it can be self-sustaining through natural occurrences such as fire, natural hydrological processes, etc. 3-2 7.2.e Packet Pg. 203 2 ACTIONS 1. The Planning Department shall inventory the land in the city/county to determine the location of the oak woodlands. City/county actions shall be guided by a no net loss of oak woodlands. The inventory shall include the type of oak woodland habitats using the classification system of the California Wildlife Habitat Relationships system (WHR) Mayer and Laudenslayer 1988) available from the California Department of Fish and Game. The inventory shall break down the habitat types using the WHR canopy cover classes and indicate total acres of each oak woodland type by each cover class found in the city/county. 2. Any project (as defined in Public Resources Code Section 21065) proposed for oak woodlands shall be specifically analyzed for ways in which the development affects oak woodlands and their attendant ecological, economic, and aesthetic values. The placement of proposed roads and structures shall avoid oak trees and their drip lines. City/county planners and the project proponent shall consider transferring density, creating parcels with unusual lot line configurations, placing roads within lot boundaries, and other creative design techniques to avoid impacts to oak woodlands. 3. After consulting with citizens, natural resource specialists or ecologists, the Planning Department shall annually report to the city/county on the status and condition of oak woodlands in the city/county. This may be accomplished through a citizen advisory board. The Department shall recommend any actions it believes are necessary to maintain and/or improve the status and condition of oak woodlands in the city/county. 4. The city/county shall develop and distribute information to residents on at least the following subjects: the appropriate native oak trees to plant for particular locations; the proper planting and care of oak trees; the identification of oak tree diseases; the barriers to oak tree regeneration; and the values of oak trees. In developing and distributing this information, the city/county arborist, forester, planner or other representative can seek assistance from the agricultural commissioner, U.C. Cooperative Extension, the county or regional parks department and local representatives of state resource management agencies. 5. The Parks Department will evaluate oak woodlands in the city/county and identify sites which should be acquired for public open space because of their recreation and natural value. A mitigation plan will be developed for each city/county to preserve current species. 6. Encourage policies to maintain privately owned oak woodlands as a cost-effective conservation strategy. 3-3 7.2.e Packet Pg. 204 3 POLICY RESOLUTION FOR OAK WOODLANDS CONSERVATION WHEREAS, oak trees (genus Quercus) and oak woodlands have intrinsic aesthetic, environmental and ecological values, and WHEREAS, the preservation of oak woodlands is important to the health, safety, welfare, and economic health of the community, and WHEREAS, it is necessary to enact general plan policies and implement ordinances to protect oak trees and oak woodlands from unnecessary damage, removal or destruction, and WHEREAS, it is also necessary to encourage planting of native oak trees as appropriate to restore oak woodlands and mitigate unavoidable loss of genus Quercus. NOW, THEREFORE, BE IT RESOLVED, (name of governmental jurisdiction) hereby establishes the following policies as part of its (general plan, master plan, planning, acquisition and resource management guidelines): Woodlands on which the majority of trees are oaks are to be protected to the maximum extent possible through site design and use regulations. Any project which cannot significantly mitigate adverse impacts to oak woodlands will be reduced in scale, redesigned, modified, or, if no other alternative exists, denied a permit. Property owners are encouraged to establish open space easements or deed restrictions for areas containing oak woodlands, and allow access for scientific study. Land divisions in oak woodlands are allowed only at densities compatible with protection of the resources as determined by environmental assessment. As a condition of development approval, restoration is required of any oak woodland which is in a degraded condition, with the magnitude of restoration to be commensurate with the scope of the project. This may include planting of native oaks, removal of non-native or invasive species, and/or modification of existing land uses. The objective of restoration shall be to enhance the functional capacity and biological productivity of the oak woodland to make it self-sustaining through natural processes. BE IT FURTHER RESOLVED, that the (name of agenc y) (department – planning, resources, parks) shall inventory the land in the (jurisdiction) to determine location of oak woodlands, using the classification system of the California Wildlife Habitat Relationships. 3-4 7.2.e Packet Pg. 205 4 BE IT FURTHER RESOLVED, that any project (as defined in Public Resources Code Section 21065) proposed for oak woodlands shall be specifically analyzed for ways in which the development affects oak woodlands and their ecological, economic and aesthetic values. BE IT FURTHER RESOLVED, that after consulting with a citizen (advisory board, tree council or other related group), the (planning, resource management or other pertinent department assigned) shall annually report to the (jurisdiction) on the status and condition of its oak woodlands, includ ing any recommended actions it believes are necessary. BE IT FURTHER RESOLVED, that the (jurisdiction) arborist shall develop and distribute information to residents on appropriate planting of native oak trees, and information on compatible plants, proper maintenance methods, identification of oak tree diseases and treatments, as well as the values of oak trees to the community. BE IT FURTHER RESOLVED, that the (department) will evaluate oak woodlands in the jurisdiction) and identify sites which should be acquired or otherwise preserved through conservation easements, dedications, and mitigation agreements for public open space, because of their natural and recreational enhancement values. Moved by (name and title), seconded by (name and title), and approved this (day), (month), year) by the following vote: FOR: AGAINST: ABSTAIN: ABSENT: 3-5 7.2.e Packet Pg. 206 December 4, 2019 TO: City of Diamond Bar Planning Commission, Staff FROM: C. Robin Smith, Diamond Bar – Pomona Valley Sierra Club Task Force RE: Public Hearing, Deny Approval of Proposed FEIR As Is; Revisions Report Item 7.1 The Sierra Club is the oldest environmental group, founded on May 28, 1892, in San Francisco, California, by Scottish-American preservationist John Muir, who became its first president. John Muir and the Sierra Club formed the National Park system and fostered regard for natural wildlands, everywhere. The DBPV Sierra Club priority in conserving local natural resources is to first, “do no harm.” To educate ecological awareness and preservation by advocating avoidance of practices which disturb, damage or convert natural ecosystems. The Diamond Bar general plan and FEIR document as it is offered at this hearing, is a disappointment. Overall, it displays information, which is vague, fragmented, erroneous and curiously different than scientific, standard definitions used by the established ecological monitoring community and state and federal conservation agencies. Standardized, specific language in natural resources conservation is important to define, defend, protect and restore natural communities. The language and descriptions used in the Diamond Bar Resource Conservation chapter and FEIR are inconsistent with standards. Examples: 1. Vegetation Communities Figure 5.2, revisions depicted on packet page 40, are still incorrect, misrepresenting measurable, existing conditions and official definitions of the habitats as stated in the Manual of California Vegetation. The city/consultant map portrays native tree dominant natural community of “California Walnut/Coast Live Oak woodland” distributed throughout the city as walnut dominant. Based on our ground-truth surveys, the habitat dominated by oaks and the map ought to be titled, oak/walnut savanna, woodland” or “oak/walnut mixed hardwood savanna, woodland”. 2. Figure 5.2: Sycamore Canyon Park is depicted as “coast live oak woodland” (yes, there are many oaks in this region) but it is a “sycamore riparian/alluvial” habitat. Why else, is it called “sycamore canyon”?! Why is it not designated “sycamore riparian”? Attached, find three, formal definitions of these natural communities, taken from the Manual of California Vegetation, Second Edition, text book. Notice that each name of the dominant alliance, the presence of walnut trees or oak trees are included in the habitat. Why are ESA designations confusing and inconsistent with the authority source, ESA claims to refer to? 3. The City received new reports of California Gnatcatchers distributed in the city. Yet, the revision report has excluded this important find. Why is this data missing from the updated changes? The general plan language minimizes and misdirects understanding of the species. We have requested the United States Fish, Wildlife Services, explain the significance of gnatcatcher presences in the city and its critical habitat areas. 4-1 7.2.e Packet Pg. 207 4. The revision comments claim the map changes do not change the environmental conclusions in the DEIR. This is false. Consider the following: Incorrect information can lead to many, expensive problems, including potential litigation. Mis-identifying existing condition natural communities contribute to mistakes in conservation planning, causing degradation or conversion (loss) of a natural system. Example: The recent Sycamore Canyon Park erosion repair project suffered the removal of authentic oak/willow/mulefat thicket watershed habitat on the slopes being repaired. At least (4) mature, coast live oaks, (3) willow and extensive companion trees/shrubs were removed with no permits and no replacement of native vegetation. The area is classified as “sycamore riparian” per the Cal Veg Manual. The city displays no habitat identity consistent with standards. During grubbing activities May 2019, the field manager told me “the oaks are not protected” so they could be removed. Later, a city project manager told me, the area is “not a riparian habitat” minimizing the importance of the natural watershed. Sycamore Canyon is a registered riparian on the USGS map. At the conclusion of the erosion repair Nov. 2019, the biodiverse, natural watershed has now been planted with ornamental, Acacia Redolens, an Australian, invasive, short-lived, highly flammable shrub community. Biodiversity is reduced to a monoculture. The Sycamore Canyon trail restoration project is inferior due to the conversion (loss) of important watershed habitat, which contributes to the Diamond Bar Creek. The city’s continued choice of installing invasive, ornamental plants to “mitigate” is bad practice and must cease, if the city’s claim to embrace authentic conservation planning practices are to be believed. Overall, there is ignorance and neglect, which affect Diamond Bar wildland management practices. Aside from the “eco-vandalism” incurred, the practices are measurably, fiscally wasteful. Precise language in Diamond Bar’s guidance and policy documents is essential to achieve best practices and reliable management methods, which must be taught to staff, and utilized to first, do no harm, and preserve the irreplaceable, rare flora/fauna species, which make our community unique. On behalf of a concerned public and myself as a long time resident, I respectfully request the City of Diamond Bar planning commission reject the shoddy work of the proposed FEIR without first making corrections, which are critical to future success in local conservation. Thank you. C. “Robin” Smith, Diamond Bar resident, Diamond Bar – Pomona Valley Sierra Club, chair 909-861-9920 eMail: diamondbarbeautiful@gmail.com Reference Attachments: Manual of California Vegetation: Walnut, Oak, Sycamore habitat (9) pages. Sycamore Canyon Park, converted watershed, planted with Acacia Redolens Nov. 2019 4-2 7.2.e Packet Pg. 208 Sycamore Canyon Park,converted watershed to ornamental Acacia Redolens”.New planting Nov.2019.Observe,former planting.Systemic conversion of natural sycamore riparian/oak woodland watershed. 4-12 7.2.e Packet Pg. 218 7.2.e Packet Pg. 219 ATTACHMENT 6 Diamond Bar General Plan 2040 & Diamond Bar Climate Action Plan 2040 Final EIR Submitted under separate cover due to document size. The full document has been provided to the City Council. Also available at www.diamondbargp.com 7.2.f Packet Pg. 220 Agenda #: 8.1 Meeting Date: December 17, 2019 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ANNUAL APPOINTMENT OF COUNCIL MEMBERS TO SERVE ON LOCAL AND REGIONAL BOARDS, COMMISSIONS AND COMMITTEES. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Ratify the Mayor's appointments, dissolve the Sphere of Influence/Annexation City Council Standing Committee, and adopt Resolution No. 2019-46 confirming appointments to the San Gabriel Valley Council of Governments. FINANCIAL IMPACT: No financial impact. BACKGROUND: Following the annual reorganization of the City Council, it is customary for the newly selected Mayor to appoint Council Members to serve on various local and regional organizations of which the City is a member. In addition, the Mayor also makes appointments to the various standing committees and ad -hoc committees created by the City Council. It is proposed that the Sphere of Influence/Annexation City Council Standing Committee be dissolved as it was last active in 2008 and there is no present need for it. The Mayor’s recommended appointments are included in Attachment 1. Pursuant to the bylaws of the San Gabriel Valley Council of Governments (SGVCOG), a resolution must be adopted to formalize the Mayor’s new appointments to the SGVCOG. Resolution No. 2019-46 confirming the appointments will be sent to the SGVCOG upon adoption (Attachment 2). LEGAL REVIEW: The City Attorney has reviewed and approved the Resolution as to form. 8.1 Packet Pg. 221 PREPARED BY: REVIEWED BY: Attachments: 1. 8.1.a 2020 City Council Appointments 2. 8.1.b Resolution No. 2019-46 8.1 Packet Pg. 222 1 2020 CITY COUNCIL APPOINTMENTS Effective 12/17/2019 COMMITTEE DELEGATE/ALTERNATE California Contract Cities Association Board of Directors membership – CCCA bylaws specify that voting delegate and alternate needs to be any City elected official) 17315 Studebaker Road, Suite 210, Cerritos, CA 90701 Executive Director Marcel Rodarte 562-622-5533 FAX 562-222- 8183 Meets 3rd Wednesday of each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various restaurant locations of host City. Reservations required. Andrew Chou/Delegate Ruth Low/Alternate Foothill Transit Board Foothill Transit is governed by a Joint Powers Authority of 22 member cities and the County of Los Angeles. The larger Governing Board is divided into five regional clusters that elect representatives one a year at the agency’s annual meeting to serve on a five-member Executive Board – City of Diamond Bar –Cluster 4) Doran Barnes, Exec. Dir., 100 S. Vincent Ave., Suite 200, West Covina, CA 91790, 626-931-7300, FAX 626-915-1143 Meets last Friday of each month at 8:00 a.m. at above address. Carol Herrera/Delegate Nancy Lyons/Alternate Four-Corners Transportation Coalition Carol Herrera, City of Diamond Bar, Chairperson - Meets as needed. Carol Herrera/Delegate Steve Tye/Alternate Greater Los Angeles County Vector Control District Appointment of Trustee – does not have to be an elected official. Appointment is for 2-year term.) 12545 Florence Ave., Santa Fe Springs, CA 90670, 562-944- 9656, FAX 562-944-7976 Meets 2nd Thursday at address above at 7:00 p.m. Steve Tye/Trustee 8.1.a Packet Pg. 223 2 Joint Powers Insurance Authority Board of Directors membership – Delegate must be any elected official appointed by the Mayor. Alternate may be elected official or staff member.) Jon Shull, Executive Director, 8081 Moody St., La Palma, CA 90623, 800-229-2343, FAX 562-860-4992 General Board Committee meets annually each July - location to be announced. Ruth Low/Delegate Nancy Lyons/Alternate L.A. County Sanitation District No. 21 Board of Directors Membership – Mayor is automatically delegate per Health & Safety Code Sec. 4730.1. Alternate is required to be an elected official whose appointment is confirmed by City Council action) Grace Hyde, Chief Engineer & General Manager, 1955 Workman Mill Rd., Whittier CA 90607-4998 Mailing: P.O. Box 4998, Whittier CA 90607-4998, 562-699-7411 x1500, FAX 562-695-8660 Meets 4th Wednesday of each month at 1:30 p.m. at District Office. Steve Tye/Delegate Carol Herrera/Alternate L.A. County City Selection Committee Board of Directors membership - Mayor and Mayor Pro Tem are automatically designated as Delegate and Alternate, respectively) Patrick Ogawa, Acting Executive Officer, Board of Supervisors, Kenneth Hahn Hall of Administration, 500 W. Temple St., Room 383, Los Angeles, CA 90012, 213-974-1401, FAX 213-620-0636 Meets: After the League of California Cities - L.A. County Division Meeting - (Approx. 8:30 p.m.) Steve Tye/Delegate Nancy Lyons/Alternate League of California Cities - L.A. County Division Board of Directors membership – Delegate and alternate must be elected officials. Mayor does not have to be appointed) Jennifer Quan, P.O. Box 1444, Monrovia, CA 91017, 626-786- 5142, FAX 626-460-8034 Meets 1st Thursday each month at 6:30 p.m. at various locations. Andrew Chou/Delegate Ruth Low/Alternate 8.1.a Packet Pg. 224 3 San Gabriel Valley Council of Governments Board of Directors membership – Delegate and alternate must be elected officials. Adoption of a resolution confirming the appointment is usually made at the next City Council meeting.) Marisa Creter, Assistant Executive Director/Interim Executive Director, 1000 S. Fremont Ave., Unit 42, Building A-10N, Suite 10- 210, Alhambra, CA 91803, 626-457-1800, FAX 626-457-1285 sgv@sgvcog.org. Meets 3rd Thursday of each month at 6:00 p.m. at Upper San Gabriel Valley Municipal Water District Offices, 602 E. Huntington Dr., Suite B, Monrovia, CA 91016. Executive Session 5:00 p.m. Nancy Lyons/Delegate Ruth Low/Alternate Southern California Association of Governments (SCAG) Board of Directors membership – Delegate and alternate must be elected officials but there is no requirement that delegate be the Mayor) Appointment to SCAG District 37 is not contingent on appointment as delegate or alternate by the City.) 900 Wilshire Boulevard, Suite 1700, Los Angeles, CA 90017, 213-236-1800, FAX 213-236-1816 General Assembly meets annually each March - location to be announced. Steve Tye/Delegate Ruth Low/Alternate Take Back Our Community Coalition Delegate and alternate selected by the City Council) c/o City of Monrovia, City Manager 415 S. Ivy Avenue, Monrovia, CA 91016 626) 932-5585 Meets quarterly at the Doubletree Hotel 924 West Huntington Drive, Monrovia, CA 91016 Nancy Lyons/Delegate Ruth Low/Alternate Tres Hermanos Conservation Authority 2 Board of Directors Memberships – Council may appoint anyone) c/o City of Industry, Troy Helling, Executive Director Meets 3rd Wednesday of each month at 6pm at City of Industry, 15651 E. Stafford St., Industry, CA 91744 Steve Tye/Delegate Nancy Lyons/Delegate Carol Herrera/Alternate 8.1.a Packet Pg. 225 4 Wildlife Corridor Conservation Authority (WCCA) Board of Directors Membership – Council may appoint anyone.) Joseph Edmiston, Executive Director, Contact Judi Tamasi 5810 Ramirez Canyon Rd., Malibu, CA 90265, 310-589-3230 x121, FAX 310-589-3237 Ruth Low/Delegate Andrew Chou/Alternate CITY COUNCIL STANDING COMMITTEES COMMITTEE MEMBERS City Audit Committee Steve Tye Nancy Lyons City Council Goals/City Manager Evaluation Steve Tye Nancy Lyons Economic Development (Meets quarterly) Carol Herrera Nancy Lyons Fee Study Sub-Committee Ruth Low Nancy Lyons Industry East Development Advisory Committee Carol Herrera Steve Tye LLAD Council Sub-Committee Carol Herrera Andrew Chou Legislative Carol Herrera Ruth Low Neighborhood Improvement (Meets quarterly) Nancy Lyons Andrew Chou Public Safety Committee (Mayor and Mayor Pro Tem meets quarterly) Steve Tye Nancy Lyons Council Handbook Review Subcommittee Steve Tye Ruth Low 8.1.a Packet Pg. 226 5 CITY COUNCIL LIAISON COMMITTEE MEMBERS Chamber of Commerce Andrew Chou/Delegate Nancy Lyons/Alternate D.B. Community Foundation Steve Tye/Delegate Nancy Lyons/Alternate Library Nancy Lyons/Delegate Ruth Low/Alternate PUSD/City Andrew Chou/Delegate Ruth Low/Alternate Senior Citizen Nancy Lyons/Delegate Andrew Chou/Alternate WVUSD/City Nancy Lyons/Delegate Andrew Chou/Alternate 8.1.a Packet Pg. 227 RESOLUTION NO. 2019-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of Governments Joint Powers Agreement; and WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of Governments requires each member city to appoint a Delegate Government Board Representative and an Alternate Governing Board Representative to represent the City in conducting the affairs of the San Gabriel Valley Council of Governments . NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Nancy Lyons has been designated to serve as the City of Diamond Bar Delegate to the Governing Board of the San Gabriel Valley Council of Governments. SECTION 2. Ruth Low has been designated to serve as the City of Diamond Bar Alternate Delegate to the Governing Board of the San Gabriel Valley Council of Governments. SECTION 3. That the individuals designated in this Resolution serve until replaced by resolution or until they become ineligible pursuant to the terms of the Joint Powers Agreement of the San Gabriel Valley Council of Governments. SECTION 4. That the City Clerk shall certify the adoption of this resolution. SECTION 5. That a certified copy of the resolution be circulated to the San Gabriel Valley Council of Governments. PASSED, APPROVED AND ADOPTED this 17th Day of December, 2019. Steve Tye, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly and regularly passed, approved and adopted by the 8.1.b Packet Pg. 228 Resolution No. 2019-46 2 City Council of the City of Diamond Bar, California, at its regular meeting held on the 17th day of December, 2019, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Kristina Santana, City Clerk 8.1.b Packet Pg. 229