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HomeMy WebLinkAboutCUP2005-03 (Target)CITY OF DIAMOND BAR COMMUNITY AND DEVELOPT SEF iiit:: CS.'iu-C F Ff I -1 11IVT Planning Division 21825 E. Copley Drive Diamond Barg CA 91765 Phone (909) 839-7030 Fax (909) 861-3117 WWW.CityofDiamond Bar.com ADMINISTRATIVE DEVELOPMENT REVIEW A DEVELOPMENT REVIEW APPLICATION RECORD OWNER APPLICANT NAME gf6W-0 NI Ami P_* NAME At,,( 1 K-C s t'l LAST NAME, FIRST) (LAST NAME, FIRST) ADDRESS ZZ2 'Ip00A 1 DDRESS D N,LQjkt H U CITY Thr U2 CITY n S Y` P - I & 1:11Jdd lf lls, I iIAVie.SO 61 zip '1176 G7 zip S 5 403 PHONE ( ) FAX PHONE (61S)7(o[-71Q2_ FAX (&(Z)_7(9j 3-7-77 FOR CITY USE DEPOSIT $ 21 DDO . RECEIPT # PLANNER JaVe& 0 APPLICANT'S AGENT NAME CQUI 9 V 0 v e/ l A T15NA EIRST ADDRESS -1901 - _ Red IAA I I 16. two CITY I UV1 zip PHONE (7[q) ZS1- 0,rQQ FAX ( 714) ZS' ' Sy 90 An application fee In accordance with. Section 22.44.040 of the Municipal Code must accompany this Application. The application fee iseitheraflatfeeoradepositpluspaymentoftheCity's processing costs computed on an hourly basis. The applicable fee or depositamountforthisapplicationIsIndicatedabove. If it Is a deposit, the applicant shall pay any processing costs that exceed the amount ofthedepositpriortoIssuanceofthepermit; If processing costs are less than the deposit, a refund Will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved, during the processing of this case. Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, anddirectorsofcorporations.) Consent of Owners: I certify that I am the owner of the herein -described property and permit the applicant tofilethisrequest. SIGNED Certification: I, the un correct to the best of i PRINT NAME PROJECT LOCATION ALL RECORD OWNERS) DATE ned, hereby certify under penalty of perjury that the information herein provided iswIedge. ucHN I UK AUENT ) Golizw S DATE qs Dr., T, aVAaid &0, CA PRESENT USE OF SITE: VN DEVE(,o L.,AN Q OcW S U N0 , LOT PROPOSED USE: IZq, oxo EF. T yr a ,\ ADMINISTRATIVE REVIEW APPLICATION / DEVELOPMENT REVIEW NkNRAt6 9$g Complete .Burden of Proof pages 3 & 4 LEGAL DESCRIPTION (All ownerships comprising.the proposed lot(s)/parcel(s), PROJECT SIZE:_ Q-to3, 04 , 5.r gross square feet LOT COVERAGE: 2 DENSITY: MAXIMUM HEIGHT: F-eG-(' NO. OF FLOORS:Ue RESIDENTIAL AI/fit UNITS TOTAL .UNITS. STUDIO 1 BEDROOM 2 OR MORE BEDROOMS PARKING TOTAL PARKING GARAGE CAPACITY CARPORTS UNCOVERED PARKING/ STALLS ARCHITECTURAL STYLE:. 19A1)mc)1 3h, -L_ COMMERCIAL/ INDUSTRIAL 1& 0 oNe Cl GROSS SQUARE. FEET NO. OF BUILDINGS PARKING TOTAL STANDARD STALLS HADI APP STALLS RESIDENTIAL & COMMERCIAL/ INDUSTRIALIAL LANDSCAPING GROSS SQ. FT.--+ 8 2 tFq GRADING:. YES or NO .0 TOTAL CUT: I aj0 ODD GY IMPORT : YES or NO EXPORT: v=0 . __ ki— r-, RETAINING WALLS MAXIMUM EXPOSED HEIGHT: GENERAL PLAN ZONING PA -3E FA - 3/,Sp 16 /l/0q--. Plate Elco. kev1tk za* m E11p.. sq. ft. IF YES TOTAL QUANTITY: (C SOD C•y. TOTAL FILL: 1.9 Q0 0 IF YES QUANTITY: IF YES QUANTITY: :30 000 G,Y. EE C f0 FEET f`'.X HOUSE NUMBERING MAP PREVIOUS CASES SC4k.9112 102_ ; 16 /l/0q--. Plate Elco. kev1tk za* m E11p.. Record Owner Last name first) ' Address city Zip Phone ( ) Fax ( ) CITY OF DIAMOND BAR T -PL PMIS—ViiCOMMUNITYANDI t7CVtLGFMCtVTDEt At`I nflENT Kase # C;UfP 0 Planning Division Deposit 5 218.25 E. Copley Drive (Receipt#' Diamond Bar, CA 91765 By Phone (909) 396-5676 Fax (909) 861-3117. Date Rec'd e-mail-info@ci.diamond-bar.'ca.us l FOR CITY USE XCONDITIONAL USE PERMIT MINOR CONDITIONAL USE PERMIT Applicant Applicant's Agent Last name first). Last name fir tSGtr ,l -tr P. AS- ZXVLjooaNICo (C efit r1a L1 Tl'N - I ZF I S1 o I i.y: uj l I doe . Zbb X IAV( cds . M i &We_S t'l T s-fiyl GA Phone( Phone r Vz 761-7loz (714-) 29g- D 5-60 Fax ( .) Fax An application fee in accordance with Section 22.44.040 of th.e Municipal Code must accompany thisApplication;. The application fee is either a flat fee or a deposit plus payment of the City's processingcostscomputed, on an hourly basis. The. applicable fee .or deposit amount for this applicatioabove. If itis. a deposit, the applicant shall pay any processing costs tn is indicated hat exceed the amount of thedepositpriortoissuanceofthepermit; if processing costs are less than the deposit, a refund will be paid. NOTE, It is the applicant's responsibility to notify the. City in writing of any change of the principals involved.during theprocessingofthiscase. (Attach separate sheet, if necessary, including names, addresses, partnerships, joint ventures, and directors of corporations.) and signatures of members of Consent: I certify that I am the owner of the herein -described property and permit the applicant to file thisrequest. Signed' All record owners) Date Certification: 1, the undersigned, hereby certify under penalty of perjury that the informationcorrecttothebestofmyknowledge. herein provided is. Print Name Applicant or Agent) Signed Applican or Ag nt) Location of project S Street address or tract an Zoning Cil Phi - ge Numbering Map Previousvious Cases Vl UTA STATS GCF,N Revised 2/5/03 Date Ml Project Size (gross acre., • t Project Density Previous Cases . 71 VI e. N6 USC settPlat F- = tJo. ? IPresentUseofSite J Re -vita- i %AJiM- I Nb..r1: - S/. tli l r VoI Eb f D &ID SCJL-F Pt l6 For Domestic Water Source Company/District. Mkt, JOT. URig Method of Sewage Disposal Sanitation District (ASN6El.ES C®OITY 5J1TTpN DIST, Grading of lots by Applicant? YES t/ NO Amount' 4v DOD C,u iG yids Show necessary grading design on site plan or tentative Map) Grading: YES NO If yes, Quantity: ,' D Do GUbiG y,s Cut: Fill: I Si Import: YES NO If yes, Quantity: Export: YES _ NO If yes, Quantity: 30 noo G. Parking:2 7 t- _ Total Standard PST 2 G c Compact Handicap Landscaping: Square feet LEGAL DISCRIPTION (All. ownership comprising the proposed lots)/parcels(s). <S fe ayAclaP'A Area devoted to structures 441Landscaping/Open space 30, 3 0$ 1;F Revised 2/5/03 2 0 CONDITIONAL USE PERMIT BURDEN OF PROOF TARGET — SEC Grand Ave. & Golden Springs Drive Diamond Bar, CA A Development Review or Administrative Development Review application shall be reviewed by the applicable review authority identified in Section 22.48.050 (Responsibility for Development Review), below and shall be approved, with or without condition, only if the following findings are made: 1. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., those areas, specific plans, community plans, boulevards or planned developments); The City of Diamond Bar General Plan land use element designates the property as mixed use, which provides a balance of development and preservation of open space areas. The proposed project is a mixed-use centrally located commercial -retail center development within proximity to quality high-density residential housing, off ce/business park, institutional facilities, and open space. The design of the proposed project is consistent with the commercial land use designation as well as the Diamond Bar Village Specific Plan regulations, development standards, design guidelines and architectural criteria. The proposed project is consistent with the General Plan and all applicable implementation policies in that the mixed-use land use designation permits retail that is proposed. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The design and layout of the proposed development would not interfere with the use and enjoyment of neighboring existing or future developments, and would not create traffic or pedestrian hazards in that the proposed project will not increase the number of persons visiting the site beyond that anticipated in the environmental documents prepared for the General Plan and the Diamond Bar Village Specific Plan. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan: The design of the proposed project would maintain and enhance the attractive, harmonious and orderly development of the Diamond Bar Village Specific Plan area contemplated by the City ofDiamond Bar in that the design of the building will enhance the area and is consistent in style, colors and materials with the Plan's Design Guidelines. The proposed project fits within the existing setting and is compatible with the physical characteristics of the surrounding uses through the use of varying building materials, architectural features and compatible landscaping. The proposed traditional themed style is consistent with the Specific Plan that includes accentuated entry tower, stone colonnade, walls and pilasters, deep "walk -under" vine covered arcades, extensive landscaping and walkway lighting. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; The design, architecture, site plan, and color pallet of the proposed development are consistent with the Diamond Bar Village Specific Plan Design Guidelines in that the design and layout of the proposed facility is consistent in style, colors and materials with the Design Guidelines, through the use of architectural interest, varying materials and consistent color application. 5. The proposed development will not be detrimental to the public health, safety or materially injurious (e.g., negative affect on property values or resale of property) to the properties or improvements in the vicinity; The project as proposed is in compliance with all applicable design, building, and other safety related laws, codes, and regulations. The purposed uses of land have not been designated as hazardous or ultra hazardous uses. The project as proposed will not involve the generation, disposal, use, release, or transportation of toxic or hazardous substances, and will not create noxious or offensive odor. The proposed project is consistent with the General Plan, Diamond Bar Village Specific Plan and all applicable implementation policies and it will assist the community in meeting its need for economic development. INITIAL STUDY QUESTIONNAIRE Project. No. L ---!!LC I -tVli se To be completed by applicant, attach additional sheets of paper if necessary) A•. General Information Project Applicant (Owner): Project Representative: AJA1MCo V, Dt) u4 CoU crName Z Z ?Z'o(d S rj Name r(V ^, JJ Addr ss t 4 S o f AlMnOW II7 oSAddress T.4s-h L4 , a 7 80 Phone Phone 7/4) . ZSq - O SD o Fax Fax 7( ZSR 580 1. Action requested and project description:L&. r i r1—' 6tOUSf- P'cymit (C. U. P9 rsalesofbeer. A, i o s . FKO 6f CowlrnneV-/ ia.( e 0 61aP' 2. Street location of project: S.E. G, " Cry.. 3. Legal description of project site: 4. Present Use of Site: 5 Previous use of site or structures 6. Project Description: a. Site size (total areaj _10 (,o3 .AC R&CJ b. Square footage (covered by structures, paving, etc.) Z q. , .;CS c.. Number of floors of construction ( d. Amount of off-street parking .provided e. Landscaping/open space: 12> s, r l f. Proposed schedWing:-rWYAf f,o stay - 1A Ch TM g Zfl45 g. Anticipated incremental development:. —– I rg29D<o h. If residential, include the number of units, schedule of unit sizes (range of sale prices or rents and type of ' household size expected): AIIA i If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area anloading facilities: J If industrial, indicate type.and loading facilities: %y/ 1. If institutional, indicate .the major function, estimated occupancy and loading facilities: NIA Doo Sr. M. If the project involves a Variance, Conditional Use Permit, Zone Change, General Plan Amendment, orDevelopmentReviewapplication, state this and indicate clearly why the applications) is required: os est .. 0 C U. P q o{- s e ev r -i f e ' of er w utee. SUM U i - eQ,V s wl D Vt- O mmn .CF= 2 7.•' j Please list all previous cases (i elated to this project: 5 ) IVU[Nl (S • i! Z q6l l Q L"T• H d i 8. List related permit(s)/appcoval(s) required... Specify type and granting agency: D° 9. Are future "phases planned for this project: YesNo V If yes, explain: 10. Present zoning: a. Number and type of units: b. Floor area of each unit: 11. General Plan Land Use Designation: PCQII/tyljl( 3 ; i x d Use lmvvi e cid demographic profile): Fr 1 LS5((TiiiD. Sales price/rent: 12.. Water and sewer service: Domestic Water Public Sewer Does service exist at site? If yes, do surveyors have Yes No Yes No capacity to meet demand of project and all other approved projects? Yes No Yes V No If domestic water or public sewers are not available, how will these services be provided? 13. Residential Projects: N/A a. Number and type of units: b. Floor area of each unit: C. Number of floors: e• Housing market targeted demographic profile): f• Sales price/rent: Describe proposed amenities: h. Minimum net lot size: i• Maximum net lot size: j• Average net lot size: 3 14. Non-residential projects (commercial, industrial, and institutional):' f. a, Distance to nearest residential use or sensitive use (school,. hospital,: etc:): E( 'n NC pPgoX. 70D F b. Number and floor area of buildings: L)NG RI )q TVA16 UUl TT4 /ZS. QQQ S nr-n C. Number of employees and shifts: s() Q P Y U F g d. Maximum number employees per shift: _ SD E ffi s I Pf OY 'Es PEP- St-r r. e. Operating hours: DO cB' — HQ DA SA- I elA f, Community benefit derived from theproject: -ke Cp/MOd1 UMIM lpr-44e-A+-Ai AA G 0114 XCIA se, loci ri r Gumdons' res 1A Usii Vi>°SSLVlSv '(NIG CS Q S cam. g. Identify any end products, waste products and means of disposal: i -the DVQQ6S&11 TAA,not s -in L -p GU! s°iUl Gl h. Do project operations use, store or produce "hazardous substances such as oil, pesticides, chemicals, paints, orradioactivematerials? yes No V If yes, explain in detail: 4 15 i. D6 vour operations reouireo, Osu;fed yts Nn • if yes, explain in detail,: j, Identify any flammable, reactive or explosive material to be located on-site: k. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? Yes No V/ If yes, explain in detail: 16. Describe public or private utility easements, utility lines, structures or other facilities that exist on or.below the surface of the project site: See, af`t-aolned C.i v l PIAMS_ 17. Describe any change in the appearance of the site resulting from the project as proposed: G s 1 av'csz- of e s wi [l ivtc n,id tfne S dAA_sur CC, te a, A s l s ss bpi ; 18. Describe how the proposed project will fit into its surroundings (i.e., Will. the,.project blend into the existinneighborhood? How will it relate to the size, scale, style and character of the existing surrounding g development?): e t'a os ed F ec-t iS CovtSiSt WS des i CIM yvle.cca avi s Gve s Di MV, V ( e S eGy Pfan tosaidd 2x S S° eellstfsil w sr'c,0 c irol cterisficseU6'U D Vld i Iii SeS, Sifes got o6ate ivt -Ibis o SceVLiG Q rke- fi 0 Spec , dmd is suloiecr l h vil [k deme[o mev t C,+Avk d, J des 9U ev ew -ia eJ/ISure eolnforM&MU_ p s am -4 P91"Cies es-t-ab iS i d 1 1 e peGITIGNaAA61dfkl Gi`f-y'S &eKew Pt", d. Vegetation: g. Other: 2• Environinental setting surrounding the project site: a. Existing uses/structures (types., densities, etc.): b•. Topography/slopes: R, J e. Watercourses: 3. Are there any,major trees on site, including oak, walnut, sycamore naturalized California pepper and arroyo willow? Yes No If yes, explain in detail (size, quantity, location, condition, etc.): 4. Will the project require grading: Yes No If yes,.how many cubic yards of cut and fill 5. Will earthwork be balanced on site? Yes No If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards.on the property including uncompacted fill? Yes No If yes, explain in demi' 7: Is the property located .within a high fire hazard area (hillsides with. moderately dense vegetation)? Yes No If yes, explain'in.detail; Distance .to the nearest fire station: .. 8• Existing noise sources at the site: Noise or vibration to be. generated by the project: 9. Fumes/odors to be generated by the project and toxicity? k, x 10. Dust, ash, or smoke to be generated by the project? 11. What energy -conserving designs or material will be used? 12: Describe any alteration of the existing drainage patterns or potential for changesin surface or ground water quality or quantity (i.e., Will the flow of any permanent or intermittent surface or subsurface water . change as a result of this project? If so,, explain how. Will there be any injection wells, septic systems, or other facilities that may affect surface or subsurface water quality?): 8 13. Describe any tion.proposed on filled land: (i. e.) Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluationto the best of rn abilit}; and that the facts, statements, and information presented are true and correctto the best of . my knowledge and belief.. Date: Signature: For: 9 N CIT t11.1 VIM U&II I' ': Planning Division Application Form Part 1 Community & Development Services Department – 21825 Copley Drive – Diamond Bar, CA 91765 – (909) 839-7030 – www.CityofDiamondBar.com GENERAL REQUIREMENTS '(PrintorType) Name of Proposed Project: Case# 6c, 1 u ll\ FPL # Location of Project: Deposit:/Fee B'70 L)QW2 Ij " i Receipt # Legal Description of Project (Assessor's Parcel No.): Date By Applicant's Namme:(// ( gyp Phone Number: Fax Number: Address: SCI s Legal Owner's Name (if different from above): Phone Number: Address: Diamond Bar Municipal Code Section 22.44.040 states an application fee must accompany this application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. Type of Review Requested (Please Check All Applicable Boxes) Administrative Review General Plan Amendment Subdivision Annexation Minor Conditional Use Permit Tree Permit Comprehensive Sign Program Minor Variance Variance Conditional Use Permit Planned Unit Development Zone Change Development Review Plot Plan Zoning Clearance Development Agreement Preliminary Review Development Code Amendment Specific krOther: m Plan Amendment wi/b Project .Description Detailed Description of Proposed Project (Attach Additional Sheets if Necessary) Owner Certification I 5pvV714t I am presently the legal owner of the above-descfbed property. Further, t acknowledge the filing of this application and certify that all ofeaboveformationistrueandcorect. (If t e undersigned s different from the legal property owner, a letter of authorization must accompany theform.) IRy Owner ) Applicant D Signature: D Sige{ature: Z25 Print Name and Title: Print Name and Title: Comm Dev/Appl/UniformAppl/Uniform Application—Updated 7/11/2005 PRc-) Fes:' Page 1 of 2 T Planning Division 4- Application Form Part 2 tggq Community & Development Services Department - 21825 Copley Drive - Diamond Bar, CA 91765 - (909) 839-7030 - www.CityofDiamondBar.com GENERAL 'R'EQUIREMENTS (Print offype).' Project Location: Staff Use Only 17 ' i I',,E_ c,) SLi- Case No. Applicant: Concurrent Case No. CoRltact Person: / Address: Phone Number: p / Fax: E -Mail Address: Ld 9 U 11 Additional Contact Person: (Please specify name, company, title) fir, Address: ' Phone Number: Fax: E -Mail Address: Legal Property Owner: Address: Phone Number: Architect: Address: Phone Number: Engineer: Address: Phone Number: Landscape Architect: Address: Phone Number: CommDev/AppVUniformAppl/Uniform Application—Updated 7/11/2005 E -Mail Address: E -Mail Address: E -Mail Address: E -Mail Address: Page 2 of 2 n 0 TREE PRESERVATION STATEMENT The subject property is '/2 acre or less and is exempt from Tree Preservation Requirements. The subject property contains no native coast live oak, california black walnut, california sycamore; arroyyo willow, or pepper trees.. PEI- PIkWWD vtu.5 lN[T(AL '5MvY. —DMD rim ZS) Zook-. The subject property contains one or more coast live oak, california black walnut, california sycamore, arroyo willow, or pepper trees. The applicant anticipates that no. activity (grading and/or, con- struction) will take place within five (5) feet of the outer dripline of any coast live oak, california black walnut, california sycamore, arroyo willow, or pepper tree. The subject property contains one or more coast live oak, california black walnut, california sycamore, arroyo willow, or pepper trees. The applicant states that activity (grading and/or construction) will take place within five (5) feet of the outer dripline of anycoastliveoak, california black walnut, california sycamore, arroyo willow, or pepper tree. A Tree ,Permit has been or will be applied for prior to any activityti.,Makin.g placo on, the property. Applicant ignature) ate) 8 it DL1JI0'_D Bt1R Development T.• ' • artment — 21825 Co 1- Planning Division Project Review Routing Sheet e Drive — Diamond Bar, CA 91765 — (909) 839-7030 — www.CityofDiamondBar.com 4 Building & Safety Routing Date: April 1, 2005 Public Works Submittal Date: April 1, 2005 T Hearing Date: Case/File No: CUP 2005-03, DR 2005-16 FPL No: 2005-143 Location: Northwest corner of Diamond Bar and Golden Springs Description: Target Store Estimated Review Time: Project Manager: Nancy Fong Comments Due: April 15, 2005 Ll Initial Study i 13 Site Plan Floor Plans L Environmental JInformation Reviewed By: Im d vraaing Nlan Ll Title Report La House Numbering Ll Map Project Conditions / Soil / Geotechnical Report Title: Total Review Time: P.O. No: Affidavit of easements Photos Retaining Wall Plans Irrigation / Landscaping Plans TP Map J TT Map tionsS itec13 ur Elevations Roo Plan J Other: Date: CommunityDevelopment/Applications/UniformApplications/PlanningRouting Sheet 4/1/2005 ORDINANCE NO. 03 (2004) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING THE DIAMOND BAR VILLAGE SPECIFIC PLAN SPECIFIC PLAN NO. 2004-01) THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDAINS AS FOLLOWS: Section 1. The City of Diamond Bar desires to adopt a specific plan pursuant to the provisions of Government Code Section 65450 et seq. and Chapter 22.60 of Title 22 of the Diamond Bar Municipal Code with respect to real property located at the southeast corner of Diamond Bar Boulevard and Grand Avenue in the City of DiamondBar (the "Diamond Bar Village Specific Plan Area"). The legal descriptions of said parcels are more particularly described in the proposed specific plan, attached hereto as Exhibit A and incorporated herein by reference. Section 2. The Planning Commission conducted a public hearing on June 22, 2004, and the City Council conducted a public hearing on June 29, 2004, to consider the proposed specific plan pursuant to Municipal Code Section 22.60.050. The Planning Commission recommended approval of the agreement. Both oral and written evidence was presented both to the Commission and the Council. Section 3. Based upon substantial evidence in the record of the proceedingincluding, without limitation, the written and oral staff reports, the Initial Study andAddendumpreparedfortheDiamondBarVillageprojectpursuanttotheCaliforniaEnvironmentalQualityAct, the General Plan, and the record and decision of the Planning Commission, the City Council hereby finds that the proposed specific plan is consistent with the General Plan of the City of Diamond Bar and other adopted goals and policies of the City. Specific Plan No. 2004-01 covers an area notated as a specific plan area under the General Plan (as amended) and includes those land uses providedforunderPA-3/SP (Planning Area-3/Spe`cific Plan). at consists of a mixed-use development that is appropriate for the area and meets all submittal requirements fortheCityofDiamondBarandGovernmentCodeSection65451. The proposed specificplanisconsistentwiththeGeneralPlanLandUseElementObjectives1.1 and 1.3 andStrategies1.1.9, 1.3.1, 1.3.2 and 1.3.5, and other adopted goals and policies of the Citybecausetheproposedspecificplanwillprovideinnovativeuseoflanddevelopmentwithitscombinationofresidential, office, retail, restaurant, institutional and parkingusesasspecificallydelineatedintheDiamondBarVillageSpecificPlanfortheareaoftheprojectsite. The implementation of the Specific will provide additional housing, additional employment and will provide revenue generation uses in a location thatservestheCity's needs. Additionally, the proposed specific plan has been preparedpursuanttotheprovisionsofGovernmentCodeSection65450. It is thereforeconsistentwiththeGeneralPlanandotherCitypolicies. s Section 4. The Specific Plan is in compliance with the provisions of the California Environmental Quality Act (CEQA). The Addendum for Diamond Bar Village, which is an addendum to the Medical Plaza and Revitalization EIRs, considers potential environmental impacts of DBV and the Specific Plan and meets all requirements for compliance with CEQA. Section 5. Based upon the foregoing, the City Council hereby approves the Diamond Bar Village Specific Plan (Specific Plan No. 2004-01) attached hereto as Exhibit "A" and does hereby incorporate Conditions of Project Approval, attached as Exhibit "B," and incorporated herein by reference, which shall be conditions to those matters specified in the Ordinance. PASSED, APPROVED AND ADOPTED THIS Eth DAY OFJ_uly 2004, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR Bob Zi , Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the -29±1day of junene, 2004 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the nth day of July , 2004 by the following vote: AYES: Council Members: Chang, Huff, O'Connor, MPT/Herrera, M/ Virbes NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None 4 0 0 • • 0 0 0 0 0 0 0 a a • • u rF Z z oo OQnn U F Z C 4 F Z z Cf) rF N N t7 a of C Cr Liz z U n L M to ChDQ C v. vtofAvisv S' appvZ N C. v a aG C. m CC v m H h •c cc y U O M . L ceiiieamEn A = U uu fn u= BD = L C Li] i C ud Qj IM7 41 cnL`9L. 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Q` 41 r = L — cv ` ;z -4c Inh i i _ _> y 9 > ° ani h y • ¢ N o V = + -o ' °J ¢ z zj C4 f3 u z Z i a OJ 6J CL 6nEn C o U >_> = h Q Oa CI O a v OU Uvcc I U y ea y o a R .x O y + o=D = ea Q m u] .= •: y WE 4) rdl m o CQON u C7v a O .>— n 10 rn o W A=„ cs m C L acav R y 4JVlN u ca 3 o = CU rz a v c = cu n zoh ea O u > .0 v O eQ O c.. o u¢ cui = O = y h Lr m O >' O uj H 2 U v N a_ Uooh ;-ocuy = R C C y E• o o v u'-= K 0 Z E U 2 Z O U z E c- Lj z LL) C7 u lit a O o ccc CJ LW w Lw O_ CAU Z C. Y v[ u 0 >'cqs a mxULvI a = O O N Z 0 h Ll L 7R ei ca C . o [ eo m 0 0 0 Exhibit B CONDITIONS OF PROJECT APPROVAL Condition of Project Approval No. 1. Total new non-residential gross leaseable square footage on the "lower parcels," as defined and delineated in the "Diamond Bar Village Specific Plan" Lewis Investment Company, LLC, May 25, 2004) shall not exceed 207,781 square feet unless a subsequent traffic study, addressing the traffic -related impacts associated with any such increase, is submitted to and deemed acceptable by the City or unless such increase can be determined by the City to not result in any substantial increase in project -related traffic. Condition of Project Approval No. 2. All exterior paints utilized for the project's initial construction shall conform to the following specification: All primers and topcoats shall contain 200 grams or less of VOC per liter of coating, less water, less exempt compounds, and less anycolorantaddedtotintbases. Alternatively, the Applicant shall demonstrate that the project's selected finishes and exterior wall features would result in a comparable reduction in -basin VOCemissions, such as might be attained through the use of pre -manufactured and pre -paintedmaterials. _ Condition of Project Approval No. 3. When operating within 100 feet of any church, educational facility, residential use, or other sensitive receptor, the Applicant shall limit allowable engine idling time to not more than five minutes for diesel -powered trucks and mobile heavyequipment. This condition is applicable to both construction and operational activities occurringontheprojectsite. Condition of Project Approval No. 4. The Applicant shall include as part of the real estatedisclosuredocumentation, as required by the California Department of Real Estate for purchasers of those residential units to be constructed on the project site, the disclosure that commercial activities are proposed on the adjacent property and that the operational characteristics of those activities may include trucking, delivery, and maintenance operations by diesel -fueled vehicles. Condition of Project Approval No. 5. If required by the City Engineer, a detailed hydrologicandhydraulicstudyshallbepreparedbyalicensedcivilengineerandsubmittedfortheCity'sreview and approval prior to the issuance of any grading permits in order to ensure the safe andeffectivedischargeofstormwatersfromtheprojectsiteintoareawidestormdrainconduits. Condition of Project Approval No. 6. Based on the current site plan and as determined by theCity. unless effective sound mitigation can be demonstrated once the project is operational orothercontrolsimposedondeliveryandrelatedactivitiesassociatedwiththeproposedhomeimprovementcenter, the number of delivery and related activities that occur within exterior areaandinproximitytotheloadingdockbetweenthehoursof10:00 PM and 7:00 AM shall notexceedthreetractortrailersandtwosmalltruckdeliveries. With respect to those operations, trucks and tractor trailers are not assumed to be comparable equipment such that one vehicle typecouldsubstitutefortheother. The facility operator shall maintain an on-site delivery manifestdocumentingdeliveryandoperationsbetweenthosehoursand, upon request, shall make thatmanifestavailableforinspectionbyCityinspectors. 0 0 Condition of Project Approval No. 7. Prior to the issuance of building permits, the Director shall review the project development plans with the Los Angeles County Sheriff's Department LACSD) to determine whether the LACSD has any recommendations regarding the project's design, development, and/or operations. The Director shall work with the Applicant to incorporate such recommendations, if any, into the final project design. Condition of Project Approval No. 8. The proposed project shall provide, in an amount and within a time period to be determined by the City, a "fair -share" contribution toward the cost of areawide street improvements to offset potential project -related and cumulative transportation impacts. Those "fair -share" contributions shall be based on the projected costs associated with areawide roadway improvement needs, as defined by the City Engineer. Condition of Project Approval No. 9. As determined by the City Engineer, the Applicant shall provide supplemental traffic information related to the assessment of areawide traffic conditions for review and approval by the City Engineer. The City will incorporate any information deemed pertinent by the City Engineer into the formulation of the Applicant's "fair -share" contribution toward areawide traffic improvements. Condition of Project Approval No. 10. At the City's discretion, the Applicant's "fair -share" contributions shall be provided to offset specific impacts at specific locations and/or may be utilized by the City to provide regional or other City-wide traffic and transportation benefits that may not be directly applicable to or located in close proximity to the project site. It is recognized that given the present traffic conditions in the City, innovative, alternative, bypass, and other transportation solutions may be the best method for addressing future transportation needs. Condition of Project Approval No. 11. The final site plan shall include and accommodate those traffic measures, improvements, and any other pertinent factors or facilities, as may be determined by the City Engineer. Condition of Project Approval No. 12. Prior to the approval of the final subdivision map, the Applicant shall submit and the City shall review and when deemed acceptable approve a shared parking study. The study shall present a quantification. of on-site parking needs, quantify the number of on-site parking spaces required under existing City regulations, discuss and evaluate opportunities for shared parking between on-site land uses, and examine the need and timing for the development of the proposed parking structure, if determined by the study to be required to accommodate on-site land uses. The number, type, and location of on-site parking shall be determined by the City based, in whole or in part, by the findings of that shared parking study. Condition of Project Approval No. 13. General Plan Amendment No. 2004-01, Zone Change No. 2004-02 and Specific Plan No. 2004-01 shall take effect only if Development Agreement No. 2004-01 takes effect. 2 Agenda: 6.8 Meeting Date: May 17, 2005 v CITY COUNCIL `tea AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: RESOLUTION NO. 2005 -XX ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES FROM, HIDDEN MANA CORP. AND LEWIS-DIAMOND BAR, LLC., THE OWNERS OF THE PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE INTERSECTION OF GOLDEN SPRINGS DRIVE AND GRAND AVENUE RECOMMENDATION: Accept and authorize the Director of Public Works to sign the Irrevocable Offer of Dedication. FINANCIAL IMPACT: This action has no financial impact on the City. BACKGROUND/DISCUSSION: As part of the Traffic Mitigations required for the proposed commercial and residential development at the southeast corner of the intersection of Grand Avenue and Golden Springs Drive, a second right hand turn lane from northbound Golden Springs Drive to eastbound Grand Avenue as well as an acceleration/deceleration lane along eastbound Grand Avenue will be constructed. In order to proceed with the construction and include these proposed improvements into the public street system, portions of the property at the southeast corner of the intersection must be dedicated to the City. Hidden Mana Corp. and Lewis -Diamond Bar, LLC have prepared the attached Legal Descriptions, Exhibits A as well as the Grand Avenue and Golden Springs Drive dedication maps, Exhibits B, which have been reviewed by staff. The documents conform to the City standards and staff recommends Council to accept this offer of dedication. The property owner has executed the attached Irrevocable Offer for the City's approval and acceptance. PREPARED BY: Kimberly Molina, Assistant Engineer REVIEWED BY: Ddv G. bu A09s D t fano Director of Public Works Assistant Citt Manager Attachments: Aerial Map Resolution No. 2005 -XX Irrevocable Offer of Dedication for Road Purposes RESOLUTION 2005 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACCEPTING AN IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES. A. RECITALS: i) WHEREAS, Hidden Mana Corp. and Lewis -Diamond Bar, LLC are the owners of the properties located at the southeast corner of the intersection of Grand Avenue and Golden Springs Drive and have offered the City of Diamond Bar a dedication for such portions of property more particularly described in Exhibits A and B of the Irrevocable Offer of Dedication for Road Purposes attached hereto; ii) WHEREAS, the City Engineer has reviewed, approved and recommends acceptance of the Irrevocable Offer of Dedication for Road Purposes; and iii) WHEREAS, all legal prerequisites to the acceptance of this offer and the adoption of this resolution have occurred. B. RESOLUTION: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE: Section 1. The City Council of the City of Diamond Bar does hereby find that all of the facts set forth in the recitals of this resolution are true and correct. Section 2. The City Council of the City of Diamond Bar does hereby accepts the Irrevocable Offer of Dedication for Road Purposes attached hereto from Hidden Mana Corp., and Lewis -Diamond Bar, LLC and consents to recordation of this offer of dedication. Section 3. The City Clerk of the City of Diamond Bar is hereby authorized and directed to cause the Irrevocable Offer of Dedication for Road Purposes to be recorded on behalf of the City in the Office of the County Recorder and to execute any and all other documents as may be necessary or convenient to effect the recordation, and to certify to the adoption of this resolution. PASSED, APPROVED AND ADOPTED this 17th day of May, 2005. Wen Chang, Mayor ATTEST: Linda C. Lowry, City Clerk I, LINDA C. LOWRY, City Clerk of the City of -Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 17th day of May, 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LINDA C. LOWRY, City Clerk City of Diamond Bar PLEASE COMPLETE INFORMATION RECORDING REQUESTED BY: Office of the City Clerk AND WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4177 THIS SPACE FOR RECORDER'S USE ONLY) IRREVOCABLE OFFER OF DEDICATION — ROAD PURPOSES City of Diamond Bar County of Los Angeles, State of California The undersigned, being the present title owner of the herein described parcel of land, do hereby make an IRREVOLCABLE OFFER OF DEDICATION to the City of Diamond Bar, a California Municipal Corporation, and its successors or assigns of a permanent easement and right-of-way for street and highway purposes, and incidents and appurtenances thereto over, under, along and across the real property situated in the City of Diamond Bar, County of Los Angeles, State of California more particularly described in Exhibit "A" and as shown in Exhibit "B", both attached hereto. It is understood and agreed that the City of Diamond Bar and its successors and assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein, until such offer has been accepted by resolution of the City Council of the City of Diamond Bar or its authorized designee. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns and personal representative of the respective parties hereto. }' f I WITNESS WHEREOF, these presents have execy teed this instrument this 7 day of r,.. a C4 !, fern; ca.:r jG7L 7K: t li 'rN -1 By- Its: y Its: f':-Z• ' S-Et 1'R I FciZ A i•T bNPt'L Si P- a5 This is to certify that the interest in real property conveyed by this instrument to the City of Diamond Bar, a California Municipal Corporation, is hereby accepted by the undersigned officer on behalf of the City of Diamond Bar. Date By: Its NOTE: NOTARY ACKNOWLEDGEMENTS FOR ALL SIGNATURES MUST BE ATTACHED LEWIS-DIAMOND BAR, LLC, a Delaware limited liability company By: LEWIS INVESTMENT COMPANY, LLC, a California limited liability company Its: Managing Member By: Lewis Opera ing Corp., a Califo is orporatio Its: Sole a ager By: Authorized Agent STATE OF G f1 ss. COUNTY OF On til--of before me, %7.% n9 A a Notary Public in -and -for said state, personally appeared — D. personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. EDNA A JOHNSON Commiulon 01419983 ff' m Notary Pubic . Canomja Notary Public in and f said State Son Bemardw CourMy jr My Comm. Expires Jun 4.2007 STATE OF i ' . ) ss. COUNTY OF L -C ') 14) \,a,C I c S ) On VY16ltik. 0 )efore me, ,'-:. . a Notary Public in and' for said') state, personally a tired K,z, ped ally known to me (or proved to me on the basis of satisfactory evidence) to be the -arson whose name is subscribed to the within instrument and acknowledged to that he executed the same in his authorized capacity, and that by his signature on e instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. my hand and official seal. STATE OF C ss. COUNTY OF Y ) Notary Public in and for said State On Y''l u' , . i Ste• ' ` . , before me, 7' l ` !. l' E` I . u..Gl.' IV J a Notary Public in and for said state, personally appeared r? c't f1 • ;; , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. r Notary# ublic in and for said State i ConVnbdM „ 5W1. tj0fXXY Futoccatww Courl„ 14MV COMM. DOMFGbq. 21 EXHIBIT "A" GRAND AVENUE) THAT PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO. 14819, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 154, PAGES 27 THROUGH 30 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A BRASS DISK IN A MONUMENT WELL AT THE INTERSECTION OF THE CENTERLINE OF GRAND AVENUE (100 FEET WIDE) WITH THE CENTERLINE OF GOLDEN SPRINGS DRIVE (80 FEET WIDE), SAID BEGINNING BEING ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3,000.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 57012'01" WEST; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE OF GRAND AVENUE, 90.65 FEET THROUGH A CENTRAL ANGLE OF 1043'53" TO A RADIAL LINE OF SAID CURVE WHICH BEARS SOUTH 55°28'08" WEST; THENCE ON THE PROLONGATION OF SAID RADIAL SOUTH 55028'08" WEST, 67.00 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3067.00 FEET AND BEING CONCENTRIC WITH SAID CENTERLINE OF GRAND AVENUE, SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING; THENCE SOUTHEASTERLY 131.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE 2027'34" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 23.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 53000'35" EAST; THENCE SOUTHWESTERLY 35.76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89004'22"; THENCE SOUTH 37055'03" EAST, 54.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 23.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING CURVE BEARS SOUTH 37°55'03" EAST; THENCE NORTHEASTERLY 35.76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89004'22" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3067.00 FEET AND BEING 67.00 FEET SOUTHWESTERLY AND CONCENTRIC WITH SAID CENTERLINE OF GRAND AVENUE, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS SOUTH 51009'19" WEST; THENCE SOUTHEASTERLY 102.04 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1054'22" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 2417.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF COMPOUND CURVE BEARS SOUTH 49014'57" WEST; THENCE SOUTHEASTERLY 544.77 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 12054'50" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TOTHESOUTHWESTHAVINGARADIUSOF23.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 36020'07" 4-28-05. EAST; THENCE SOUTHWESTERLY 36.80 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91°40'54'; THENCE SOUTH 51°58'59" EAST, 32.00 FEET; THENCE NORTH 38001'01" EAST, 0.19 FEET; THENCE SOUTH 51°58'59" EAST, 38.00 FEET TO THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 27.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 51°58'59" WEST; THENCE SOUTHEASTERLY 41.84 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88047'22" TO THE SOUTHWESTERLY LINE OF SAID GRAND AVENUE, AND A POINT OF ENDING. SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. EXHIBIT `B" ATTACHED HERETO AND BY THIS MENTION MADE A PART HEREOF. MARK P!PFEILER EXPIRES: 12-31-06 5959 bAfE O SND SG'QL V MARK P. PFEIIER O J Exp. 12.31.06 No. 5959, rn rn 0 z v,rcl3 0 Al M 0 Q WmC) to o °<—° OD N01E. 0 1-4 cn 0 0 0 = O O X3 0. 0 ^ o yl cn W ODZIo 0 W 414 Q rn Al D D Z M ;u co Z D p 0 M D0 On Z Cmc TIO m ta 0 Z 4 z D lid X ; 250D conn v N I w 0- 0) I- N GOLDEN A, N SS' R/ GS 90.2243 E R=107 — _ — La. if, 9 81 D_ 13,12 X53L--249.0,5, 0 wo C-4 Q? / o I \ RADlq 67 I 50, o NI1 / pp, — o v O M Z C? /I I W Cc) O o DO v / 67 00, \ NI q po x 25 S \ o\ I lcn PRCN53'0 00, 35 »E Z 0 RADIAL o w o vcn \ AS a U) r17I c.,; rip I nr= co N m O l N 417 RCN5I*nn, 19 »E\/ RgDIqL I W Z O o P7 cl; 67 00, \ NI q IN 11 O 0 C °' I S49.14 57..w NIRADIAL ass 0c o owD,4L M K Z Z DCN N m ZN m r r Ln C: m Www 000 000c 00 00 00 v cacaRm r OD -0— 4 DcD= N N Z c r m A W (A D O I Ln Ln M o 'v 'v 0 Ln rn °) r 2 Z Ati, ox> 0D cD A cnrnm O W m N F m300Oco o0a 0 rn` to CD Z CD En 0m 00 I00 0 00 o o O 00 ® I0 Wc 3 v F O M INImoao m rN'+ IV rn o /\ , I LA N N P p v W 00 A I I 0 N OOC cD cD I s I I p N V I L4 Ot ( 1 C cD p v o D LnD m D pL I r s s o mix v III m c 0 jul I diad N C" M z I 3„LO OZ* 2ND o_ r w I CJ z Z I M 2 L; N \ ZrC r-_dladzi Z K U) m — 3„ LO,10.8CN v p m 00 ,6l'0 M> m z 3„ 0, 0.95:N I ypp (1j ' Vic,+ c) I 00 Z7 0< N L o Z 7S OLn z `° =00 05 o Z m z o I ° r I Ln I3..2 Zdla`d N rn to I D N ,00'05 O C T1 V N EXHIBIT "A" GOLDEN SPRINGS DRIVE) THAT PORTION OF PARCEL 1 AND PARCEL 4 OF PARCEL MAP NO. 14819, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 154, PAGES 27 THROUGH 30 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTH AND NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A BRASS DISK IN A MONUMENT WELL AT THE INTERSECTION OF THE CENTERLINE OF GRAND AVENUE (100 FEET WIDE) WITH THE CENTERLINE OF GOLDEN SPRINGS DRIVE (80 FEET WIDE), SAID BEGINNING BEING ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3,000.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING BEARS SOUTH 57°12'01" WEST; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE OF GRAND AVENUE, 90.65 FEET THROUGH A CENTRAL ANGLE OF 1043'53" TO A RADIAL LINE OF SAID CURVE WHICH BEARS SOUTH 55028'08" WEST; THENCE ON THE PROLONGATION OF SAID RADIAL SOUTH 55028'08" WEST, 67.00 FEET TO A POINT ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 3067.00 FEET AND BEING CONCENTRIC WITH SAID CENTERLINE OF GRAND AVENUE, SAID POINT BEING THE TRUE POINT OF BEGINNING, SAID POINT ALSO BEING THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 23.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 55°28'08" EAST; THENCE NORTHWESTERLY 36.05 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89048'59" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1079.81 FEET AND BEING 68.00 FEET SOUTHEASTERLY AND CONCENTRIC WITH THE CENTERLINE OF SAID GOLDEN SPRINGS DRIVE, A RADIAL LINE THROUGH SAID BEGINNING OF COMPOUND CURVE BEARS NORTH 34020'51" WEST; THENCE SOUTHWESTERLY 249.05 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13012'53" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 147.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS SOUTH 47°33'44" EAST; THENCE SOUTHWESTERLY 45.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17033'40" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 123.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 30000'04" WEST; THENCE SOUTHWESTERLY 48.01 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22021'53" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1095.81 FEET AND BEING 52.00 FEET SOUTHEASTERLY AND CONCENTRIC WITH THE CENTERLINE OF SAID GOLDEN SPRINGS DRIVE, A RADIAL LINE THROUGH SAID COMPOUND CURVE BEARS NORTH 52°21'57" WEST; THENCE X2076-:\ (.;(.)i.f)I.N SPRIG 4-_1ti-05 SOUTHWESTERLY 193.85 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10008'08" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 23.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF COMPOUND CURVE BEARS NORTH 62030'05" WEST; THENCE SOUTHEASTERLY 37.52 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93028'25"; THENCE SOUTH 24°01'30" WEST, 42.00 FEET; THENCE SOUTH 65058'30" EAST, 2.27 FEET; THENCE SOUTH 24°01'30" WEST, 42.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 23.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING BEARS NORTH 24°01'30" EAST; THENCE SOUTHWESTERLY 36.22 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90013'05" TO A LINE THAT IS PARALLEL WITH AND SOUTHEASTERLY 56.00 FEET MEASURED AT RIGHT ANGLES FROM THE CENTERLINE OF SAID GOLDEN SPRINGS DRIVE; THENCE ALONG SAID PARALLEL LINE SOUTH 23048'25" WEST, 82.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 177.00 FEET; THENCE SOUTHWESTERLY 60.45 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19034'09" TO THE BEGINNING OF A REVERSE CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 100.00 FEET, A RADIAL LINE THROUGH SAID BEGINNING OF REVERSE CURVE BEARS NORTH 46°37'26" WEST; THENCE SOUTHWESTERLY 34.15 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 19034'09" TO THE SOUTHEASTERLY LINE OF SAID GOLDEN SPRINGS DRIVE; THENCE CONTINUING ALONG SAID SOUTHEASTERLY LINE SOUTH 23048'25" WEST, 13.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 1190.00 FEET; THENCE SOUTHWESTERLY -138.80 FEET ALONG SAID CURVE AND SAID SOUTHEASTERLY LINE OF GOLDEN SPRINGS DRIVE THROUGH A CENTRAL ANGLE OF 6040'59" TO A POINT OF ENDING. SUBJECT TO ALL LEGAL HIGHWAYS AND EASEMENTS OF RECORD. EXHIBIT "B" ATTACHED HERETO AND BY THIS MENTION MADE A PART HEREOF. DTHP MARKKPPFVL.S.59 EXPIRES: 12-31-06 4- 8-05 N D U MARK P.PfEIIER Exp. 12.31.0(. No. 5959 CURVE RADIUS DELTA ANGLE ARC LENGTH C5 23.00' 89'48'59" 36.05' C'4 C6 147.00' 1733'40 45.06' FD. BRASS DISK GRAM) - 2 IN MONUMENT WELL. p --90.6,51 R_3000 r. 43 N 5300 D-20.23VEIV(JE so 38 L= 1067,82, 2 ^ T.P.O.B. +W' N`4.18, 1NR4O14L PCN --- 0'51- IqL TW LAJCO 0 co Q J 6 15' ire o o Ix P/ LY06j00 _ ZI `_ MCE` UNE i NO. 5 DIAMOND 2B3832p6 O.R. AR PARCEL I PM 14819 INgT T j, 6 / / ao 10, 5 / LAND o i / / / / MAR01K P. PFEILER LS. 5959 z MARK P PFEI R LS 959 DA EXPIRES 12-31-06 SHEET 1 OF 3 ITEMER & ASSOCIATES ENG INC. CIVII. ENGRUEdt M JI; LAND SURVEYING 660 N. Diamond Bar Blvd. Suite 100, Diamond Bar, Co 91765 Telephone (909) 860-5850 Fax (909) 860-3967 EXIIBIT V GOLDEN SPRINGS DRIVE STREET DEDICATION DIAMOND BAR, CALIFORNIA. 22076—A J' J CIJ V a0 X Z;/ jl I I Z I I I ao I 15' LLJ I J _ PRC S' 7'33'44"El O RADIA, T 0 o o Ix P/ LY06j00 _ ZI `_ MCE` UNE i NO. 5 DIAMOND 2B3832p6O.R. AR PARCEL I PM 14819 INgT T j, 6 / / ao 10, 5 / LAND o i / / / / MAR01K P. PFEILER LS. 5959 z MARK P PFEI R LS 959 DA EXPIRES 12-31-06 SHEET 1 OF 3 ITEMER & ASSOCIATES ENG INC. CIVII. ENGRUEdt M JI; LAND SURVEYING 660 N. Diamond Bar Blvd. Suite 100, Diamond Bar, Co 91765 Telephone (909) 860-5850 Fax (909) 860-3967 EXIIBIT V GOLDEN SPRINGS DRIVE STREET DEDICATION DIAMOND BAR, CALIFORNIA. 22076—A C7 O CITY OF DIAMOND BAR INST. II NO. 95-1383206 O.R. S.C.E. EASEMENT PER INST. C6 NO. 86-1060956 O.R. S.C.E. EASEMENT PER INST. NO. 85-1346160 O.R. CURVE 17'33'40" C14 00 06 PRC S47*33'44"E J RADIAL CS W I N 0 00 r W4D-,q 4 ao 0 r0 N52 Pc co- RADIAL r- I o I15 L C7 O CITY OF DIAMOND BAR INST. II NO. 95-1383206 O.R. S.C.E. EASEMENT PER INST. C6 NO. 86-1060956 O.R. S.C.E. EASEMENT PER INST. NO. 85-1346160 O.R. 0 0 00. 0 CO. N 0 o w oI RADIUS DELTA ANGLECURVE 17'33'40" C6 C7 9328'25" CS to C9 9 ao 0 0 00. 0 CO. N 0 o w oI RADIUS DELTA ANGLE 147.00' 17'33'40" 123.00' 22'21'53" 23.00' 9328'25" 23.00' 901305" PARCEL 9 FIN 14619 ARC LENGTH 45.06' 48.01' 37.52' 36.22' PNB 154 / 27-3000 N65'58'30"W 2.27' 6;()N'-500N2p0 N24 2 N N N Cg - Pl. W cP o - 9 w t N66i 2s D.f MARK.I 5959 DATE31— PARCEL 4 SHEET 2 OF 3 ASSOCIATES ENG INC. C1V1L ENC94EERM & IAM SU D EYM 660 N. DiamondBarr( 90) 86085850 Diamond Fox (909)0860 65 Blvd. Suit3967 offlmTT Ir GOLDEN SPRINGS DRIVE STREET DEDICATION DIAMOND BAR, CALIFORNIA. PARCEL 1 N N.W'LY LINE OF PARCEL 4 N a? Ncr s i 56 p\p,\. N \ o 0 N'37R246 6"W RADIAL Z RADIUS DELTA ANGLE ARC LENGTH 450. 23.00' 90' 13'05" 1 36.22' C10 177.00' 19'34'09" 60.45' C11 100.00' t0 L 34.15' w C10 I CURVE RADIUS DELTA ANGLE ARC LENGTH C9 23.00' 90' 13'05" 1 36.22' C10 177.00' 19'34'09" 60.45' C11 100.00' 19'34'09" 34.15' C1 I EC, 351 to 0 0 0 11 0 J 00 OD 0 0 6$'25V PARCEL 4 FM 14819 P M o 154 / 27-300 0 4 41/e7jl 4//:/;r-4<' -- MARK P. PFEIL R L. 5959 ATE EXPIRES 12-31-06 SHEET 3 OF 3 PFEIIMR & ASSOCIATES ENGNMS, INC. or CIM ENOR69MI G & LAND SURVEYING GOLDEN SPRINGS DRIVE 660 N. Diamond Bar Blvd. Suite 100, Diamond Bar, Ca 91765 STREET DEDICATION Telephone (909) 860-5850 Fax (909) 860-3967 DIAMOND BAR, CALIFORNIA. 22076-A PLANNING COMMISSION RESOLUTION NO. 2005-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2005-03 AND DEVELOPMENT REVIEW NO. 2005-16, FOR THE CONSTRUCTION OF A TARGET STORE APPROXIMATELY 130,000 SQUARE FEET ON APPROXIMATELY 13 ACRES OF LAND WITHIN THE DIAMOND BAR VILLAGE SPECIFIC PLAN, LOCATED AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 8293-045-006 THROUGH 009. A. RECITALS Target Corporation (the Applicant) has filed an application for the approval of Conditional Use Permit No. 2005-03 and Development Review No. 2005-13 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review requests shall be referred to as the "Application." 2. On April 15, 2005, public hearing notices were mailed to approximately 541 property owners within a 700 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On .April 26, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 4. All legal prerequisite prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution a -re true and correct. 2. Based upon the substantial evidence presented to the Planning Commission during the above referenced meeting on April 26, 2005, including written and oral staff reports, this Commission hereby specifically finds as follows: a) The application applies to property generally located at the southeast corner of Grand Avenue and Diamond Bar, and is presently undeveloped but rough graded. b) North of the property is the existing Diamond Bar Golf Course and zoned Open Space, south of the property is the future residential development and existing condominiums, west of the property is the existing Calvary church, east of the property are a developed commercial center and an apartment complex. c) The site is within the Diamond Bar Village Specific Plan. The Application with its site plan, building design, landscaping, and grading are in conformance with the development concept of the Specific Plan. d) The site has provided sufficient parking spaces in excess of City's minimum requirement to accommodate the proposed use. e) The Application conforms to development standards and design guidelines contained in the Diamond Bar Village Specific Plan. f) On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance of the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exists, therefore, no further environmental review is required. 3. The Planning Commission hereby specifically finds and determined that having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the proposed project herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, 2 this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Conditional Use Permit a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. The Commercial section of the Diamond Bar Specific Plan is under the C-3 Zoning District uses. Target is a general retail store, which is permitted under this zone. Off-site alcohol is also permitted under this zone. b) The proposed use is consistent with the General Plan and the Diamond Bar Village Specific Plan. Economic Development is a goal of the General Plan. The proposed project will implement this goal. The proposed use is consistent with the Diamond Bar Village Specific Plan. c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The design of the project and its operational characteristics are compatible with and compliment the adjacent existing and future land uses. The proposed project provides diversity of shopping amenities for the surrounding residents. d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The subject site is previously rough graded with a flat pad and is partially improved with a parking lot. The site is suitable for the development of the proposed project. e) Granting the ,conditional use permit will not be detrimental to the i— public interest, health, safety, convenience, or welfare, or injurious to W persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting this conditional use permit will improve the property and add value to the City in general. f) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQ). On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a*Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance of the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resources Code Section 21166 or. Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exist, therefore, no further environmental review is required. Development Review g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas e.g., theme areas, specific plans, community plans, boulevards or planned developments). A conceptual site plan was approved with the Diamond Bar Village Specific Plan. The design and layout of the proposed project is consistent with the previously approved conceptual site plan. h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The conceptual site plan approved under the Diamond Bar Village Specific Plan shows a mixed use development consisting of a mix of commercial, institutional, office and residential uses. The design and layout of the proposed project will compliment the neighboring uses and will provide an integrated development that reduces traffic conflict and encourages pedestrians to walk. ld i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed architecture is a contemporary style resembling some elements of the Diamond Bar Center. The front (south) of the building is highlighted by a tall tower and a projecting colonnade with strong vertical columns at the main entry that provide a focal point. The building walls are articulated with variation of building plane such as pop -out and recessed walls and trellis work. The building plane is treated with rich stacked stones materials. The east and west sides of the building are also treated with the same architectural elements as in the front but to a lesser degree. Staff believes that the building design meets the intent of the design guidelines of the Specific Plan. j) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed design of the building will provide a desirable 4 environment for its occupants and visiting public. The design will encourage the public to visit often, shop and enjoy the aesthetically pleasing environment. k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or. resale(s) of property) to the properties or improvements in the vicinity. The proposed project will improve the property and add value and positive impact to the City. I) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance of the Specific Plan Conceptual Site Plan. Furthermore, 5 it is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exists, therefore, no further environmental review is required. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the following conditions: A. General 1) The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the Planning Commission collectively attached hereto as Exhibit "A." 2) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 3) All conditions of approval contained in Development Agreement No 2004-01 and under Ordinance No. 04 (2004) shall apply. 4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of the Conditional Use Permit and Development Review, at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of it and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays all remaining Planning Division fees. 5) In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2005-03 and Development Review No. 2005-16 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims; and b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 6) Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 7) Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of a Building and Safety Division permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation as required by the City. 8) The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 9) The approval of CUP 2005-01 and DR2005-13 shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. I 7 10) Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed to the satisfaction of the Assistant City Manager. 11) Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Specific Plan in effect at the time of building permit issuance. 12) This approval is for the major anchor of the commercial center. Future building pads (Lots 3 and 4) shall be subject to separate Development Review process for Planning Commission approval. The two' pads shall be seeded and surface irrigated for erosion control. B. Planning 1) Revised site plans and building elevations incorporating all conditions of approval shall be submitted for Assistant City Manager review and approval, prior to issuance of building permits. 2) All site, grading, landscape and irrigation plans shall be coordinated for consistency prior to issuance of permits. 3) A detailed on-site lighting plan, including a photometric diagram shall be reviewed and approved by the Assistant City Manager prior to issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 4) Trash receptacle(s) are required and shall meet City standards. The final design, locations and the number of trash receptacles shall be subject to Assistant City Manager review and approval prior to issuance of building permits. 5) All ground -mounted utility appurtenances such as a transformer shall be located out of public view and screened. 6) A detailed landscape and irrigation plan shall be prepared by a licensed landscape architect and submitted for Assistant City Manager review and approval prior to issuance of building permits. 7) The signs indicated on the submitted plans are conceptual only and not part of this approval. A Comprehensive Sign Program for this development shall be submitted for Assistant City Manager review and approval prior to issuance of building permits. 8) Provide textured pavement across drive aisle at project entry off Grand Avenue to enhance and create an entrance statement. 9) Textured pavement shall be of materials such as interlocking concrete pavers, integral color textured concrete, and in a diamond pattern subject to the review and approval of the Assistant City Manager. 10) Provide rich hardscape along the store front of Target. 11) Submit detailed design for the replacement parking together with pedestrian connections for Assistant City Manager review and approval prior to issuance of grading permits. C. Engineering/Public Works 1) A tentative and/or parcel map shall be.required in accordance with the Diamond Bar Subdivision Ordinance and the Subdivision Map Act. The Map shall be submitted prior to grading plan check. 2) Written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 3). At the time of the tentative and/or parcel map approval, a title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted to the Engineering Division. The title report account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. 4) If any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into an agreement with the City and shall post the appropriate security. Cost Estimates for all 9 bond amounts shall be provided by the applicant and approved by the City Engineer. 5) All site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer and surety, shall be posted and an agreement executed guaranteeing completion of all public and private improvements. 6) Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies must be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 7) Prior to the issuance of grading permit(s), surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 8) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan, as approved by the City Engineer. 9) Applicant shall label and delineate on the detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. 10) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 11) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 12) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at no cost to the City for all improvements. 13) All improvements for the subject parcel shall be coordinated with any existing or proposed maps including TTM 62482 to the south. 10 14) Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be in accordance with the established fee schedule. 15) Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 16) All activities/improvements proposed for this project shall be wholly contained within site boundaries. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. 17) The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 18) The project shall be submitted to the Engineering Division for traffic circulation review and approval. Upon review, any changes that may be requested, for example, the median at the entrance along Golden Springs Drive may need to be moved out of the right-of-way, shall be performed prior to issuance of the certificate of occupancy. 19) Protective fencing/barrier shall be installed along the top of slope of the roadway south of the building to protect pedestrian access. Additionally, protective fencing shall be installed at the top of the retaining walls as additional protection for maintenance along the slopes. Vehicular barriers, such as bollards, shall be installed to protect vehicles traveling along the roadway at the top of slope. 20) Street/Right-of-Way Dedications along Golden Springs Drive and Grand Ave. shall be approved by the City Engineer priorto issuance of grading permits. 21) Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. Grading 22) Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 11 23) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analysis of daylight shear keys with ' a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map; C. Soil remediation measures shall be designed for a worst case" geologic interpretation subject to verification in the field during grading; d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base; and i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 24) Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and/or Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 25) Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering 12 geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 26) A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities, respectively. 27) All slopes in excess of five (5) feet in height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 1 — (28) An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 29) No grading or any staging or any construction shall be performed prior to the project map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to approval by the City Council. 30) Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 31) Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. Drainage 32) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage -flows entering, leaving, or within a parcel relative to which a building permit is requested. 13 33) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of- way or in easements satisfactory to the City Engineer and/or the LosAngeles County Public Works Department. 34) A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 35) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer priorto grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. 36) Prior to the issuance of a grading permit, a complete hydrology study and hydraulic calculations shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer. 37) A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Division for review and approval. Utilities 38) A water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, Walnut Valley Water District and Fire Department. 39) The applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire 14 flows as may be required by the City Engineer, WVWD and Fire Department. 40) The applicant shall provide separate underground utility services to each parcel per Section 13.04.380 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. Sewers 41) Applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 42) Each lot/parcel must be served by a separate and independent sewer lateral. Sewer laterals shall be constructed in accordance with the Los Angeles County Department of Public Works Standards. 43) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the project boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the detailed site plan and offered for dedication. 44) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. Traffic Mitigations 45) All traffic mitigations shall be implemented and constructed in accordance with the Development Agreement and Conditions of project approval for the Diamond Bar Village Specific Plan prior to issuance of the certificate of occupancy 15 FIRE 46) All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. D. Buildinq and Safet 1) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. 2) This project shall comply with the provision of the 2001 California Building Code regarding Building Restriction on the south property line to meet the 60 -foot Yard requirement per section 505.2 3) Fire Department approval is required. 4) The minimum design' load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. 5) This project shall comply with the energy conservation requirements of the State of California Energy Commission. 6) This project shall comply with all title 24 accessibility requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. 7) The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements. 8) Surface water shall drain away from building at a 2 percent minimum slope. 9) Specific location of tempered glass as required by code. 10) Specify 1/4 inch per feet slope for all flat surfaces/decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) 16 11) All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 12) Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. The Planning Commission shall: a) Certify to the adoption of this Resolution; and b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Target Corporation, 1000 Nicollett Mall, Suite TPN -12F, Minneapolis, MN 55403 APPROVED AND ADOPTED THIS 26th DAY OF APRIL 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMONZ. -BAR. ave /f Joe McManus, Chairman I, J 'mos DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 26th day of April 2005, by the following vote: AYES: Commissioner: Tanaka, Nolan, Tye, V/C Low, Chair/McManus NOES: Commissioner: None. ABSENT: Commissioner: None. ABSTAIN: Commissioner: None. ATTEST: a es DeSt 2fano, ecretary 17 PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 — www.CityofDiamondBar.com AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: APPLICANT: STAFF RECOMMENDATION: BACKGROUND: 7.3 April 26, 2005 April 15, 2005 Conditional Use Permit No. 2005-03 and Development Review No. 2005-16 Southeast corner of Grand Avenue and Golden Springs Drive To construct a Target store approximately 128,000 Square feet. Hidden Manna Group 22324 Golden Springs Drive Diamond Bar, CA 91765 Kareem Ali Target Corporation 1000 Nicollett Mall, TPN -12F Minneapolis, Minnesota, 55403 Approve The proposed project, Target store, is within Sub -Planning Area 1 of the approved Diamond Bar Village Specific Plan, a 70 acre project area located at the southeast corner of Grand Avenue and Golden Springs Drive. On June 29, 2004, the CityCouncilapprovedaGeneralPanAmendment, a Zone Change, a Development Agreement, and a Specific Plan with the purpose of guiding and facilitating a mixed use development for the project area that advances the goals and objectives of the General Plan. The City Council also certified an Addendum to a previous Environmental Impact Report, which provides environmental clearance for the project area. The Diamond Bar Village Specific Plan established special development standards and design guidelines for the project area with the goal of creating an aesthetically pleasing, distinctive identity and a sense of place for Diamond Bar. The proposed Target store is the first commercial project for the Specific Plan area. Staff anticipates the residential project, Brookfield Homes, will be before the Planning Commission for review in the near future. ANALYSIS: A. Site and Project Descriptions: The site is located on property owned by Calvary Chapel (Hidden Manna Group) and is approximately 13 acres in size and is generally undeveloped. Due to previous grading activities, the site is rough padded. The proposed Target store is approximately 128,000 square feet. The store will include a frozen food section, a garden store, a small section of wine sales and a pharmacy. Target has set aside interior space for restaurant and cafe uses such as a Pizza Hut and Starbucks. The site has provided a total of 615 parking spaces which exceed the City standards. B. Site and Surrounding Uses: The General Plan and Zoning for the site is Specific Plan. South of the site is undeveloped and is slated for a future residential development of 180 condominiums (Brookfield Homes). Above the future condominium site is the existing Montefino condominium complex. West of the site is the existing Calvary Church facility and is zoned Specific Plan. North of the site is the existing Diamond Bar Golf Course and zoned Open Space. East of the site is a developed commercial center and an apartment complex. It is zoned Commercial, Office and Medium Residential (R-4). C. Application/Review Authority: The proposed project requires two applications. A Conditional Use Permit for the development of a shopping center and a Development Review application for the design review of site plan, building, landscaping, grading, etc. Both applications require a public hearing and Planning Commission review. D. Conditional Use Permit: Per the Diamond Bar Village Specific Plan, the commercial project is under the C-3 zoning district for allowable uses. A general retail store like Target as well as off-site sale of alcohol, restaurant and cafe are permitted uses. Typically Target will open between 8 am to 10 pm, Monday through Saturday, and 8 am to 9 pm on Sunday. The proposed uses not only are compatible to the existing and planned uses that surround the site, they compliment them. They will provide a diversity of shopping amenities for Diamond Bar residents. The project will bring revenue to the City and increase the employment base. According to Target, they will have between 150 and 200 employees with 50 employees a shift. The proposed project will further the City's goals of economic development. 2 (GInancy/development projects/target/target pc rpt 42505.doc) E. Development Review: The proposed project is designed according to the Development Standards and the Design Guidelines contained in the Diamond Bar Village Specific Plan. SPECIFIC PLAN DEVELOPMENT PROPOSED PROJECT STANDARDS Maximum floor area of 170,000 Proposed floor area of 128,000 Side yard: None if next to commercial Side yard: Vary from 20 feet to 40 feet 10 feet if next to residential 20 feet if next to street Rear yard: 5 feet landscaping/walkway Rear yard: Vary from 25 feet to 125 feet 20 feet if next to street Parking setback: 20 feet Parking setback: 20 feet with a short segment that tapers to 5 feet (see analysis below) Building height: 50 feet Building height: 44 feet Retaining wall height: 40 feet Retaining wall height: vary from 4 feet to a high of 44 feet. The 44 feet retaining wall is for a distance of approximately 40 feet (see analysis below) Landscaping: 12 % Landscaping: 12 % Parking spaces required: 507 spaces Parking spaces provided: 615 spaces Target - 1/300 square feet Restaurant - 1/100 square feet Retail — 1/250 square feet 1. Site Design: The orientation of the building is in substantial conformance with the Specific Plan. However, a fire lane has been added at the back of the building to provide fire access. The loading area is oriented toward the southwest side of the site. To enhance pedestrian friendly environment for the center and to reinforce a design theme, staff recommends the improvements as described below. The Applicant has reviewed the recommendations by staff and the applicant has revised the site plan to reflect some of the recommendations as noted: a. Provide a continuous pedestrian sidewalk from the public sidewalk off Grand Avenue and off Golden Springs Drive to the on-site. (Applicant has revised site plan to reflect this recommendation.) 3 (GInancy/development projects/target/target pc rpt 42505.doc) b. The main driveway (future Lots A through D) separates the commercial center from Calvary Church and it includes a steep gradient with a meandering curve. Staff is concerned that this main driveway may become a short cut for avoiding the intersection at Grand Avenue and Golden Springs Drive. Staff recommends providing segments of rough textured pavement to discourage shortcut traffic and to slow auto speed. Applicant has revised site plan to reflect this recommendation.) c. Provide textured pavement across drive aisles at entries to enhance and create an entrance statement. (Applicant has revised site plan to reflect this recommendation.) d. Provide rich hardscape along the store front of Target. (Incorporated as a Condition.) e. In accordance with the Development Agreement, the applicant is required to provide replacement parking for Calvary Chapel. A condition has been placed to ensure that the applicant will show the existing number of parking spaces for Calvary Chapel and the location of the replacement parking spaces together with pedestrian connections. The detailed plans will be submitted for City staff review. (Incorporated as a Condition.) 2. Building Design: The proposed architecture is a unique contemporary style and designed specifically for Diamond Bar. The building design has elements that resemble the Diamond Bar Center. The front of the building is highlighted by a tall tower and a projecting colonnade with strong vertical columns at the main entry that provide a focal point. The building walls are articulated with variation of building plane such as pop -out and recessed walls and trellises. The building plane is treated with rich stacked stone materials. The east and west sides of the building are also treated with the same architectural elements as in the front, however, to a lesser degree. Staff deems that the building design meets the intent of the design guidelines of the Specific Plan. 3. Landscaping: The project will meet the minimum requirement of 12 percent. landscaping area. Staff recommends that special landscape treatment should be provided at project entries and along the storefront. 4. Parking Setback: The required parking setback from Golden Springs is 20 feet from the property line. As shown in the site plan, the parking setback for proposed Lot 3 falls short of the 20 feet after public improvement is completed. The closest point is five feet from the property line. Since there is no user yet identified for the pad, staff recommends that at the time of the development proposal, we will seek compliance with the 20 feet parking setback. 4 (GInancy/development projects/target/target pc rpt 42505.doc) 5. Retaining Wall Height: The maximum height of retaining wall under the Specific Plan is 40 feet. There is one segment, approximately 40 lineal feet, of the proposed retaining wall that exceeds the maximum height of up to 44 feet. This short segment of the retaining wall is located at the end of the fire lane cul-de-sac. The reason for the increase in height is because of the need to provide a fire lane for access to the rear of the building. Under the Specific Plan Implementation Section, the Assistant City Manager has the authority to approve minor modifications. 6. Grading and Drainage: The Engineering and Public Works staff has found the proposed project to be consistent with the Diamond Bar Village Specific Plan and recommended approval with conditions as shown in the attached draft resolution. 7. Sign: A Comprehensive Sign Program is required for the commercial center in accordance with the Specific Plan standards. A condition is placed in the attached draft resolution requiring the submittal of the Comprehensive Sign Program for staff review. 8. Additional Review: The Building and Safety staff and a representative of the Los Angles County Fire Department have reviewed the proposed project and their recommendations are included in the attached draft resolution as conditions of approval. 9. Tentative Parcel Map: In addition to the two mentioned applications. The applicant is required to process a Tentative Parcel Map for the subdivision of the parcels. According to the applicant, they are working diligently on the proposed Tentative Parcel Map and anticipate submitting it for staff and Commission review. A condition of approval is placed in the attached draft resolution. F. Environmental Review: On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in substantial conformance to the Specific Plan Conceptual Site Plan. Based on the related Development Agreement, the project will have to comply with the Mitigation Monitoring Program approved under the Final EIR and will have to pay their fair share for impact fees and address the traffic mitigations. Additionally, the public improvements required for the project are under way. Furthermore, it is determined that no new environmental issue has been identified and that none of the elements set forth in Public Resources Code Section 21166 or 5 (G:/nancy/development projects/target/target pc rpt 42505.doc) Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exist, therefore, no further environmental review is required. NOTICE OF PUBLIC HEARING: On April 15, 2005, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition, public hearing notices were mailed to approximately 541 property owners within 700 -foot radius of the project site. Further, the project site was posted with a display board and the public notice was posted in three public places on April 15, 2005. RECOMMENDATION: Staff recommends the Planning Commission approve Conditional Use Permit No. 2005- 03 and Development Review No. 2005-13, through the adoption of the attached draft resolution. Prepared by: Reviewed by: Nancy Fong, AICP James DeStefano Planning Manager Assistant City Manager Attachments: 1. Draft Resolution of Approval for Conditional Use Permit No. 2005-03 and Development Review 2005-13 2. Exhibit "A" — Development Plans 3. Exhibit "B" — Burden of Proof for Conditional Use Permit and Development Review 4. Exhibit "C" - Approved Diamond Bar Village Specific Plan Conceptual Site Plan 6 (G:/nancy/development projects/target/target pc rpt 42505.doc) 0 7N aV V $ Ui o 11 11 41 It It z --- - Qoy a m2 I ICLWN8 ¢ N ci NaU cn V j NNvirm wp° N .DcryW m Wa CLL) a. 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The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., those areas, specific plans, community plans, boulevards or planned developments); The City of Diamond Bar General Plan land use element designates the property as mixed use, which provides a balance of development and preservation of open space areas. The proposed project is a mixed-use centrally located commercial -retail center development within proximity to quality- high-density residential housing, office/business park, institutional facilities, and open space. The design of the proposed project is consistent with the commercial land use designation as well as the Diamond Bar Village Specific Plan regulations, development standards, design guidelines and architectural criteria. The proposed project is consistent with the General Plan and all applicable implementation policies in that the mixed-use land use designation permits retail that is proposed. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The design and lavout of the proposed development would not interfere with the use and enjoyment of neighboring existing or fhtture developments, and would not create traffic or pedestrian hazards in that the proposed project will not increase the number ofpersons visiting the site bevond that anticipated in the environmental documents prepared for the General Plan and the Diamond Bar Village Specific Plan. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan: The design of the proposed project 11,0111d maintain and enhance the attractive, harmonious and orderly development oj'the Diamond Bar Village Specific Plan area contemplated by the Citic of Diamond Bar- in that the design of the building will enhance the area and is consistent in style, colors and materials with the Plan's Design Guidelines. The proposed project fits within the existing setting and is compatible with the phvsical characteristics of the surrounding uses through the itse of varying building materials, architectural feattrres and compatible landscaping. The proposed traditional themed style is consistent with the Specific Plan that includes accentuated entry tower, Exhibit "B" CUP No. 2005-03 April 26, 2005 stone colonnade, walls and pilasters, deep "walk -under " vine covered arcades, extensive landscaping and walk -way lighting. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; The design, architecture, site plan, and color pallet of the proposed development are consistent with the Diamond Bar Village Specific Plat Design Guidelines in that the designs and layout of the proposed facility is consistent in style, colors and materials'with the Design Guidelines, through the use of architectural interest, varying materials and consistent color application. 5. The proposed development will not be detrimental to the public health, safety or materially injurious (e.g., negative affect on property values or resale of property) to the properties or improvements in the vicinity; The project as proposed is in compliance with all applicable design, building, and other safety related laws, codes, and regulations. The purposed uses of land have not been designated as hazardous or ultra hazardous uses. The project as proposed will not involve the generation, disposal, use, release, or transportation of toxic or hazardous substances, and will not create noxious or offensive odor. The proposed project is consistent with the General Plan, Diamond Bar Village Specific Plan and all applicable implementation policies and it will assist the community in meeting its need for economic development. DEVELOPMENT REVIEW APPLICATION BURDEN OF PROOF TARGET — SEC Grand Ave. & Golden Springs Drive Diamond Bar, CA A Development Review or Administrative Development Review application shall be reviewed by the applicable review authority identified in Section 22.4S.050 (Responsibility for Development Review), below and shall be approved, with or without condition, only if the following findings are made: I. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., those areas, specific plans, community plans, boulevards or planned developments); The City of Diamond Bar General Plan land use element designates the property as mired use, which provides a balance of development and preservation of open space areas. The proposed project is a mixed-use centrally located commercial -retail center development within proximity to quality high-density residential housing, office/business park, institutional facilities, and open space. The design of the proposed project is consistent with the commercial land use designation as well as the Diamond Bar Village Specific Plan regulations, development standards, design guidelines and architectural criteria. The proposed project is consistent with the General Plan and all applicable implenientation policies in that the infixed -use land use designation permits retail that is proposed. 2. The desiun and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The design and layout of the proposed development would not interfere with the arse and enjoyment of neighboring existing or fuuture developments, and would not create traffic or pedestrian hazards in that the proposed project will not increase the number ofpersons visiting the site bevond that anticipated in the environmental documents prepared for the General Plan and the Diamond Bar Village Specific Plan. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan: The design of the proposed project would maintain and enhance the attractive, harmonious and orderly development of the Diamond Bar Village Specific Plan area contemplated by the City of Diamond Ban- in that the design of the building will enhance the area and is consistent nu style, colors and materials with the Plan's Design Guidelines. The proposed project fits within the existing setting and is compatible with the physical characteristics of the surrounding uses through the use of varying building materials, architectural features and compatible landscaping . The proposed traditional themed stvle is consistent with the Specific Plan that includes The entry tower, stone colonnade, balls and pilasters, deep "walk -under" vitae covered arcades, extensive landscaping and walkway lighting. 4. The design of the proposed development will provide a desirable enviromnent for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; The design, architecture, site plan, and color- pallet of the proposed development are consistent with the Diamond Bar Village Specific Plan Design Guidelines in that the design and layout of the proposed.facility is consistent it: style, colors and materials with the Design Guidelines, through the use of architectural interest, varying materials and consistent color application. The proposed development will not be detrimental to the public health, safety or materially injurious (e.g., negative affect on property values or resale of property) to the properties or improvements in the vicinity; The project as proposed is in compliance with all applicable design, building, and other safety related lairs, codes, and regulations. The purposed uses of land have not been designated as ha_ardoits or ultra hazardous uses. The project as proposed will not ini•olve the generation, disposal, use, release, or transportation of toxic or hazardous substances, and will not create noxious or offensive odor. The proposed project is consistent with the General Plan, Diamond Barr Village Specific Plan and all applicable implementation policies and it will assist the community in meeting its need for economic development. 1 LL«LL s Q 111 u f m sj Exhibit -G** CUP No. 2005-03 April 26, 2005 Ahdft AL Ak AkAft a o Am da A& Ahdft Amdft Ak Ak Ak Aft Ak40h AIML AWL Alk Alk &VL A&AOL AI& Ift jNL AWL W& lk U a 0 4 RESOLUTION NO. 2004- 35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR CERTIFYING THE ADDENDUM TO THE ENVIRONMENTAL IMPACT REPORTS FOR THE DIAMOND BAR MEDICAL PLAZA AND THE DIAMOND BAR ECONOMIC REVITALIZATION AREA; AND FINDINGS AND STATEMENTS OF FACT IN SUPPORT THEREOF, REGARDING DEVELOPMENT OF A 71 -ACRE PARCEL LOCATED SOUTH OF GRAND AVENUE AND EAST OF GOLDEN SPRINGS DRIVE; CONSISTING OF 200 MULTI -FAMILY RESIDENTIAL UNITS AND UP TO 270,000 SQUARE FEET OF COMMERCIAL, RETAIL AND INSTITUTIONAL USES. A. RECITALS Lewis Operating Corp. (the "Applicant") has submitted a request to the City of Diamond Bar (the "City") to develop the approximately 71 -acre parcel of property located south of Grand Avenue and east of Golden Springs Drive (the "Property") with 200 for -sale, multi -family residential housing units, 50,000 square feet of institutional uses and 220,000 square feet of commercial -retail uses (the "Diamond Bar Village," or "DBV"); 2. The Applicant has specifically requested the City to approve the following: a) A certification of an addendum to certain prior Environmental Impact Reports concerning the Property, as discussed below; b) General Plan Amendment No. 2004-01, changing the General Plan designation of a 14 -acre portion of the Property from Planning Area 3/Specific Plan/Professional Office to Planning Area 3/Specific Plan/High Density Residential; c) Zone Change No. 2004-02, modifying the City's Zoning Map to notate the Property as within the SP (Specific Plan) zoning district, with sub -areas of RH (High -Density Residential), OS (Open Space) and C-3 (Regional Commercial) uses; d) Specific Plan No. 2004-01, delineating the Applicant's proposal for development of Diamond Bar Village on the Property; and e) Finalization and execution of Development Agreement No. 2004-01 by the City Manager, concerning terms and conditions of the development of Diamond Bar Village on the Property; 3. Applicant's case materials, including a complete application for Diamond Bar Village, are on file with the City's Department of Community andDevelopmentServices, Planning Division; 2004-35 4. Pursuant to and in conformance with the California Environmental Quality Act, Pub. Res. Code § 21000 et seq. ("CEQA") and CEQA Guidelines, 14 Calif. Code Regs. § 15000 et seq., the City prepared an Environmental Impact Report for Diamond Bar Medical Plaza ("Medical Plaza EIR"), which was certified by the City Planning Commission on April 12, 1993, by Planning Commission Resolution No. 93-11 and is designated State Clearinghouse No. 91121027; 5. Also pursuant to and in conformance with CEQA, the City prepared an Environmental Impact Report for Diamond Bar Economic Revitalization Area (the "Revitalization EIR"), which was certified by the City Council on July 1, 1997, by Resolution No. 97-51 and is designated State Clearinghouse No. 96111047; 6. Also pursuant to and in conformance with CEQA, the City prepared an addendum to the Medical Plaza and Revitalization EIRs for Diamond Bar Village, as DBV is consistent with the type and intensity of land uses analyzed in such EIRs, there are neither new significant impacts nor a substantial_ increase in the severity of the impacts identified in such EIRs and no new mitigation measures are required; and 7. The Planning Commission held a duly -noticed public hearing to consider Diamond Bar Village on June 22, 2004, and upon its conclusion adopted Resolution No. 2004-22 recommending City Council approval of the addendum. 8. The City Council held a duly -noticed public hearing to consider Diamond Bar Village on June 29, 2004. B. RESOLUTION NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby approve and certify the Addendum to the Medical Plaza and Revitalization EIRs for Diamond Bar Village, which addendum is adequate for the purposes of CEQA based on the following findings: 1. The City of Diamond Bar certified the Diamond Bar Medical Plaza Environmental Impact Report by Planning Commission Resolution No. 93-11 on April 12, 1993, (the "Medical Plaza EIR") and certified the Diamond Bar Economic Revitalization Plan Environmental Impact Report by Resolution No. 97-51 on July 1, 1997, (the "Revitalization EIR"), which EIRs were prepared in compliance with CEQA, and which documents consider and analyze the environmental impacts of development on the Property or portions thereof. The Medical Plaza EIR identified significant and unmitigatable impacts on future traffic on Grand Avenue, Golden Springs Road, SR -57 and SR -60 and cumulative impacts to air quality. 2 2004-35 The City of Diamond Bar adopted findings and a statement of overriding considerations in Planning Commission Resolution No. 93-11 on April 12, 1993. In addition, the Revitalization EIR identified significant, unavoidable, adverse impacts to air quality, and the City of Diamond Bar adopted findings and a statement of overriding considerations in Resolution No. 97-51 on July 1, 1997. The Medical Plaza and Revitalization EIRs considered developments for the Property that were more intensive than Diamond Bar Village. Based on the Addendum for DBV, approval and development of DBV would result in environmental impacts no. more significant than those considered in the Medical Plaza and Revitalization EIRs. 2. Pursuant to Section 21090 of CEQA and Sections 15006, 15162, 15164 and 15168 of the CEQA Guidelines, the Project, as defined in the Addendurr.,, is an action considered under the Medical Plaza and Revitalizat;or. EIRs, and there is substantial evidence that there are no new significant environmental impacts, there is no substantial increase in the seventy of any previously identified impact and there are no new mitigation -measures required so as to warrant a supplemental or subsequent EIR or negative declaration. 3. The City has independently reviewed and considered the Addendum for Diamond Bar Village prior to taking action on the proposed project. 4. The information and analysis contained in the Addendum for Diamond Bar Village reflects the City's independent judgment as to the environmental consequences of the proposed project. 5. Diamond Bar Village is subject to the Mitigation Monitoring and ReportingPlan (the "MMRP") identified in the Diamond Bar Village Initial Study, which MMRP refines certain mitigation measures adopted in the Medical Plaza and Revitalization EIRs and incorporates them as integral elements of the DBV project. 6. The documents and other materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Department of Community and DevelopmentServices, Planning Division, 21825 Copley Drive, Diamond Bar, CA91765. APPROVED AND ADOPTED THIS 29th DAY OF JUNE, 2004. Bob Zirbes, Mayor 3 2004-35 I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, approved and adopted by the City Council on the 29thL day of June , 2004 with the following vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None Linda C. Lowry,City erk_ City of Diamond Bar 2004-35 ADDENDUM FOR DIAMOND BAR VILLAGE ADDENDUM TO THE DIAMOND BAR MEDICAL PLAZA ENVIRONMENTAL IMPACT REPORT AND THE DIAMOND BAR ECONOMIC REVITALIZATION AREA ENVIRONMENTAL IMPACT REPORT JUNE 18, 2004 Introdnetion Purpose of this Addendum This document is an Addendum to Environmental Impact Reports, prepared pursuant to the California Environmental Quality Act of 1970 (CEQA), as amended, to address the City of Diamond Bar's consideration of the proposed Diamond Bar Village Project Project"), which is located on an approximately 71 -acre parcel at the southeast corner of Grand Avenue and Golden Springs Drive (the "Project Site"). Preparation of this Addendum is in accord with CEQA, including all amendments thereto, and Guidelines for Implementation of the California Environmental Quality Act, 14 Code of California Regulations ("CCR") 15000 et seq. ("Guidelines"). This Addendum amends and updates the information regarding the development proposal and alternatives considered in the Diamond Bar Medical Plaza Environmental Impact Report, certified by Planning Commission Resolution No. 93-11 on April 12, 1993 (the Medical Plaza EIR") and the Diamond Bar Economic Revitalization Plan Environmental Impact Report, certified by Resolution No. 97-51 on July 1, 1997 (the "Revitalization EIR"). It incorporates the Diamond Bar Village Initial Study dated May 25, 2004 (the Initial Study") and the Diamond Bar Village Specific Plan dated May 25, 2004 (the Specific Plan"), which are available for review at the City of Diamond Bar, Planning Division, during normal business hours. The upper parcels (approximately 43 acres) of the Project Site were the subject of the Medical Plaza EIR. The Medical Plaza EIR examined the impacts associated with the proposed medical complex project, which involved the development on the graded portion of Parcel 2 of buildings for professional office and medical facility uses, as well as associated features such as an emergency helipad and the preservation of the hillside as open space. The currently proposed Project plans to develop the same previously graded area that was intended for development under the medical plaza plans, and similarly plans to preserve the hillside as open space. The currently proposed use for the development of Parcel 2 is residential (200 multi -family units) and open space. Even including the expanded development area (to include development of the lower parcels for commercial use), the proposed uses will be substantially less intensive than the uses associated with the previously proposed medical plaza project, and the environmental impacts resulting from the proposed Project will be significantly less than those contemplated by the medical plaza project. The full Project Site is located within the boundaries of the previously proposed Economic Revitalization Area that was the subject of the Revitalization EIR. The Revitalization plan contemplated development of the Project Site for approximately 180,000 square feet of commercial/retail uses, including specifically hardware, restaurant, and other retail establishments. The Revitalization EIR included sections analyzing potential impacts to land use and planning, population and housing, air quality, traffic and circulation, and schools. In all other topics, the City determined that the Revitalization Plan would not have a significant impact. The currently proposed use for the lower parcels (approximately 28 acres) is approximately 220,000 square feet of mixed commercial/retail. In addition, the Project proposes residential use on the upper parcels consistent with the City's General Plan policies favoring mixed-use development. The proposed project is of a far lesser scale than the full Revitalization project, which anticipated development of 903 net acres throughout the City. The site of the proposed Project encompasses only one small site that was included within the larger, overall Revitalization project. Correspondingly, the impacts associated with the proposed Project will be significantly less than those anticipated from the full Revitalization project. In order to reduce paperwork and delay, CEQA encourages Lead Agencies to use a previously prepared EIR when it adequately addresses the proposed project." Guidelines Sec. 15006 (f)). Guidelines Section 15162 provides that when considering later activities, such as the Diamond Bar Village Project, under a previously -certified EIR, such subsequent activities must be examined to determine whether an additional environmental document must prepared. Guidelines Section 15162 provides: a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in light of the whole record, one or more of the following: 1) Substantial changes are proposed in the project which require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental impacts or a 2 substantial increase in the severity of the previously identified significant effects; 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; C) Mitigation measures or alternatives previously found not to be feasible would be in fact feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or D) Mitigation measures or alternatives which are considered different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. Where none of the above -referenced conditions requiring the preparation of a subsequent EIR are met, but some changes or additions are necessary, the Guidelines require that the lead agency prepare an addendum to the previously -certified EIR, including a brief explanation, supported by substantial evidence, of the decision not to prepare a subsequent EIR in the addendum. (Guidelines Sections 15162 and 15164(a).) This brief explanation may also be included in the lead agency's required findings on the project or elsewhere in the record. Because there are no new or substantially more severe impacts, the addendum need not be circulated for public review; however, the decision-making body shall make the addendum available to the public at the public hearing on the project and consider it in conjunction with all the associated documents in the record prior to making a decision. (Guidelines Sec. 15164(d)). In accordance with the Guidelines, this Addendum was prepared to describe the details of the Project and analyze how the proposed impacts from this Project would relate to the setting, impacts and mitigation measures discussed in the Medical Plaza and Revitalization EIRs. As described below, substantial evidence shows that the change in the development proposal does not involve any new significant environmental impacts or a substantial increase in the severity of the significant impacts identified in the Medical Plaza or Revitalization EIRs, nor does it require imposition of new mitigation measures. Previous Medical Plaza and Revitalization EIRs The certified Medical Plaza and Revitalization EIRs fully identify potentially significant impacts, including growth -inducing and cumulative impacts, mitigation measures, and alternatives. Copies of the Medical Plaza and Revitalization EIRs are available for review at the City of Diamond Bar during normal business hours. Mitigation Monitoring and Reporting Plan CEQA requires the preparation of a Mitigation Monitoring and Reporting Plan MMRP") for any environmental document containing mitigation measures. As discussed in the Initial Study, the mitigation measures for the Medical Plaza and Revitalization EIRs, as refined to reflect changes in the Project description and current conditions, are adopted and incorporate as integral elements of the Diamond Bar Village Project. Thus, although there are no "mitigation measures" imposed on the Project, an MMRP is included for purposes of monitoring those Project elements that originated as mitigation measures from the Medical Plaza and Revitalization EIRs. Project Description The proposed Project is located on approximately 71 acres in the north central area of the City of Diamond Bar, east of Grand Avenue, south of Golden Springs Drive, north of Diamond Bar Boulevard, residential areas and a hillside designated as open space, and north of a residential area. The Project site consists of four parcels, and is divided into four separate "Sub -Planning Areas" (further described in the Specific Plan) including one Sub -Planning Area covering the majority of the two lower parcels (Parcels 1 & 4) intended for commercial and retail use, and three Sub -Planning Areas encompassing the upper two parcels (Parcels 2 & 3) intended for medium-high density residential and open space.' Details regarding the proposed Project are set forth in the Specific Plan and the Initial Study, which are hereby incorporated as the Project Description. Environmental Analysis This section of the Addendum incorporates the Initial Study, which analyzes environmental impacts in relation to the original Medical Plaza and Revitalization EIRs. Based on the analysis in the Initial Study, incorporated by reference herein, this Addendum concludes that there are no new significant environmental impacts or a substantial increase in the severity of the significant impacts identified in the Medical Plaza and Revitalization EIRs, and no new mitigation measures are required. The Initial 1 Note that the Specific Plan.and Initial Study proposed an office use for a Sub -Planning Area 3, which may be eliminated. If such office use is removed, Sub -Planning Area 2 will instead be extended to include Sub - Planning Area 3, with no resulting increase in the number of dwelling units proposed for the Project. E Study is available for review at the City of Diamond Bar, Planning Division, during normal business hours. Summary Based on the foregoing analysis, the proposed changes in the Project are consistent with the description of the environmental setting and environmental impacts as set forth in the originally certified Medical Plaza and Revitalization EIRs. The Project has no new significant or more severe impacts than those considered in the Medical Plaza and Revitalization EIRs, and no new mitigation measures are required. W1 Recorded at request of ) Clerk, City Council City of Diamond Bar When recorded return to City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Clerk Exempt from Filing Fees Gov. Code section 6103 DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT NO. 2004-01 A STATUTORY DEVELOPMENT AGREEMENT between CITY OF DIAMOND BAR a California municipal corporation and LEWIS-DIAMOND BAR, LLC, a Delaware limited liability company Developer") DEVELOPMENT AGREEMENT This Development Agreement (hereinafter "Agreement") is entered into effective on the Effective Date (defined below) by and between the City of Diamond Bar (hereinafter "CITY"), and Lewis -Diamond Bar, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"): RECITALS WHEREAS, CITY is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property, pursuant to Section 65864, et seq. of the Government Code and Chapter 22.62 of the City's Municipal Code collectively the "DA Laws"); and WHEREAS, DEVELOPER, as of the Effective Date, owns the real property which is the subject of this Agreement (the "Property") and has an option to acquire certain additional real property which may be annexed into this Agreement at a later date and made a part of the Property the "Annexable Property"); and WHEREAS, DEVELOPER has requested CITY to enter into a development agreement and proceedings have been taken in accordance with the DA Laws and all other rules and regulations of CITY; and WHEREAS, all of the rights and benefits of the Agreement shall inure to the benefit of the Property and to DEVELOPER. WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils of CITY by the obligations specified herein and limit the future exercise of CITY's ability to regulate development on the Property; and WHEREAS, the terms and conditions of this Agreement have undergone extensive review by CITY and the City Council and have been found to be fair, just and reasonable; and WHEREAS, the best interests of the citizens of the City of Diamond Bar and the public health, safety and welfare will be served by entering into this Agreement; and WHEREAS, all of the procedures of the California Environmental Quality Act have been met with respect to the Project and the Agreement, including the subsequent annexation of the Annexable Property (as defined herein); and WHEREAS, this Agreement and the Project are consistent with the Diamond Bar General Plan and any Specific Plan applicable thereto; and WHEREAS, all actions taken and approvals given by CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and WHEREAS, development of the Property in accordance with this Agreement will provide substantial benefits to CITY and will further important policies and goals of CITY; and WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, provide for public services appropriate to the development of the Property, and generally serve the purposes for which development agreements under the DA Laws are intended; and WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in excess of the generally applicable requirements in order to assure vesting of legal rights to develop the Property in accordance with this Agreement. COVENANTS NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS. 1.1 Definitions. The following terms when used in this Agreement shall be defined as follows: 1.1.1 "Agreement" means this Development Agreement. 1.1.2 "Annex able Property" means the real property described on Exhibit "A-2" and shown as a portion of Planning Area 1 on Exhibit "B". 1.1.3 "CITY" means the City of Diamond Bar, a municipal corporation and general law city. 1.1.4 "City Council" means the City Council of the CITY. 1.1.5 "Condominium" means an estate in real property as defined in Civil Code Sections 783 and 1351(f); Condominium units as defined in Civil Code Section 1351(f) are DU's as defined in this Agreement. 1.1.6 "Current Development Approvals" mean all Development Approvals approved or issued prior to the Effective Date. Current Development Approvals includes the Approvals incorporated herein as Exhibit "C" and all other Development Approvals that area matter of public record on the Effective Date. 1.1.7 "Development" means the improvement of the Property for the purposes of completing the structures, improvements and facilities comprising the Project including, but not limited to: grading; the construction of infrastructure and public and private facilities related to the 3 Project whether located within or outside the Property; the construction of buildings and structures; and the installation of landscaping. "Development" does not include the maintenance, repair, reconstruction or redevelopment of any building, structure, improvement or facility after the construction and completion thereof. 1.1.8 "Development Approvals" mean all permits and other entitlements for use subject to approval or issuance by CITY in connection with development of the Property including, but not limited to: a) specific plans and specific plan amendments; b) tentative and final subdivision and parcel maps; c) conditional use permits and site plans; d) zoning; e) design review approvals; and f) grading and building permits. 1.1.9 "Development Exaction" means any requirement of CITY in connection with or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the construction of improvements or public facilities, or the payment of fees in order to lessen, offset, mitigate or compensate for the impacts of development on the environment or other public interests. 1.1.10 "Development Impact Fee" means a monetary exaction other than a tax or special assessment, whether established for a broad class of projects by legislation of general applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to the applicant in connection with approval of a development project for the purpose of defraying all or a portion of the cost of public facilities related to the development project, but does not include fees specified in Government Code Section 66477, fees collected by CITY for other public agencies other than the CITY, fees for processing applications for governmental regulatory actions or approvals, fees collected under development agreements adopted pursuant to Article 2.5 (commencing with Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with redevelopment agencies which provide for the redevelopment of property in furtherance or for the benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the Health and Safety Code). "Development Impact Fee" expressly excludes processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance- with any Development Approvals granted or issued, including, without limitation, fees for zoning variarfces; zoning changes; use permits; building inspections; building permits; filing and processing applications and petitions filed with the local agency formation commission or conducting preliminary proceedings or proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000, Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of 4 maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section 66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3 commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66013, 66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public Utilities Code, as such codes may be amended or superceded, including by amendment or replacement. 1.1.11 "Development Plan" means the Current Development Approvals and the Existing Land Use Regulations applicable to development of the Property. 1.1.12 "DEVELOPER" means Lewis -Diamond Bar, LLC, and its successor in interest to all or any part of the Property. 1.1.13 "DU's" means single-family and Condominium/townhouse residential dwelling units, including detached and attached units for sale to the general public but do not include residential units developed for rental purposes. 1.1.14 "Effective Date" means the date that is 31 days following the date that this Agreement is approved by the City by final action of the City Council. 1.1.15 `BIR Addendum" means that certain Addendum to Environmental Impact Report Nos. SCH No. 91121027 and 96111047 as described in Exhibit "C" attached hereto. 1.1.16 "Existing Land Use Regulations" mean all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include the Regulations incorporated herein as Exhibit "D" and all other Regulations that are a matter of public record on the Effective Date. 1.1.17 "Land Use Regulations" mean all ordinances, resolutions, codes, rules, regulations and official written policies of CITY governing the development and use of land, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the property, as modified or supplemented by the Current Development Approvals. "Land Use Regulations" does not include any CITY ordinance, resolution, code, rule, regulation or official policy, governing: a) the conduct of businesses, professions, and occupations; b) taxes and assessments; c) the control and abatement of nuisances; d) the granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; or 5 e) the exercise of the power of eminent domain. 1.1.18 "Lot" means a legal subdivided lot. 1.1.19 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender, and their successors and assigns. 1.1.20 'Project" means the development of the Property as contemplated by the Development Plan as such Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.1.21 'Property" means the real property described on Exhibit "A-1" and shown as Planning Areas 2, 3, and 4 on Exhibit "B" to this Agreement. The Property shall include the Annexable Property" upon recordation of a Notice of Annexation by Developer in the form of Exhibit "A-3". 1.1.22 'Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY under Section 3.6 of this Agreement. 1.1.23 "Specific Plan" means the Diamond Bar Village Specific Plan No. 2004-01 approved , 2004 by the City. 1.1.24 "Subsequent Development Approvals" means all Development Approvals approved by the City subsequent to the Effective Date in connection with development of the Property. 1.1.25 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement. 1.2 Exhibits. The following documents are attached to, and by this reference made apart of, this Agreement: Exhibit "A-1" -- Legal Description of Property. Exhibit "A-2" - Description of Annexable Property Exhibit "A-3" — Notice of Annexation Exhibit "B" -- Map of Specific Plan Area Exhibit "C" -- Current Development Approvals. Exhibit "D" -- Existing Land Use Regulations. Exhibit "E" — Grand Avenue Improvements. Exhibit "F-1" — Commercial Component Description Exhibit "F-2" — Letter of Credit Form Schedule 1 — List of Pre -Approved Developers Schedule 2 — Entitlement Processing Schedule Schedule 3 — Project Impact Fees 0 2. GENERAL PROVISIONS. 2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Development of the Property is hereby authorized and shall be carried out only in accordance with the terms of this Agreement. 2.2 Ownership/Option. DEVELOPER represents and covenants that, as of the Effective Date, it is the owner of the fee simple title to the Property and has an agreement to purchase the Annexable Property. The Annexable Property is not owned or controlled by DEVELOPER and is not a part of this Agreement;. provided CITY and DEVELOPER agree that if DEVELOPER acquires title to the Annexable Property, DEVELOPER agrees (i) to record a Notice of Annexation to annex that Annexable Property into this Agreement within thirty (30) days after its acquisition of title to the Annexable Property, (ii) that the Annexable Property will be developed by DEVELOPER consistent with the Specific Plan and this Agreement; (iii) that the annexation of the Annexable Property is not a discretionary act and is not a project within the meaning of CEQA, and (iv) that the environmental consequences of annexing the Annexable Property have been evaluated in the Addendum. In the event DEVELOPER fails to record the Notice of Annexation within the aforementioned 30 -day period, the CITY shall have the unilateral right to execute and record that Notice of Annexation without DEVELOPER's signature on the Notice. 2.3 Term. The term of this Agreement shall commence on the Effective Date and shall continue for a period of five (5) years thereafter. This Agreement shall be void and of no force and effect if DEVELOPER is not the owner of fee simple title to the Property as of the Effective Date. 2.4 Assignment. 2.4.1 Right to Assign. DEVELOPER shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision Map Act, Government Code Section 66410, et seg.), to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement; provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and be made in strict compliance with the following conditions precedent: a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. b) Concurrent with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of DEVELOPER under this Agreement. 7 Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by DEVELOPER under this Agreement. Notwithstanding the failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or assignee until and unless such agreement is executed, and the CITY approves of such purchaser, transferee, or assignee, which approval shall not be unnecessarily withheld so long as the requirements for Release of DEVELOPER are met in Section 2.4.2 below. 2.4.2 Release of DEVELOPER. Notwithstanding any sale, transfer or assignment, DEVELOPER shall continue to be obligated under this Agreement as to that portion of the Property sold, transferred or assigned unless DEVELOPER is given a release in writing by CITY, which release shall be provided by CITY upon the full satisfaction by DEVELOPER of the following conditions: a) DEVELOPER no longer has a legal or equitable interest in all or any part of the Property sold; b) DEVELOPER is not then in default under this Agreement; c) DEVELOPER has provided CITY with the notice and executed agreement required under Paragraph (b) of Subsection 2.4.1 above; d) The purchaser, transferee or assignee provides CITY with security equivalent to any security previously provided by DEVELOPER to secure performance of its obligations hereunder; and e) The purchaser, transferee, or assignee is a merchant home builder of DU's and/or a developer of commercial/retail/office projects generally recognized by the Southern California Building Industry Association as a quality, financially sound, developer, such as those developers listed in Schedule 1 attached hereto. 2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and conditions of this Section. 2.4.4 Partial Release of Purchaser Transferee or Assignee of Lot A purchaser, transferee or assignee of a Lot, that has been finally subdivided as provided for in the Development Plan and for which a site plan for development of the Lot has been finally approved pursuant to the Development Plan, may submit a request, in writing, to CITY to release said Lot from the obligations under this Agreement relating to all other portions of the Property. Within thirty (30) days of such request, CITY shall review, and if the above site plan condition is satisfied shall approve the request for release and notify the purchaser, transferee or assignee in writing thereof. No such release approved pursuant to this Subsection 2.4.4 shall cause, or otherwise effect, a release of DEVELOPER from its duties and obligations under this Agreement as to the remainder of the Property (exclusive of such Lot). E-', 2.4.5 Termination of Agreement With Respect to Individual Lots Upon Sale to Public and Completion of Construction. The restrictions and requirements of Subsection 2.4.1 shall not apply to the sale or lease (for a period longer than one year) of any (i) Lot that has been finally subdivided and/or any (ii) Condominium unit that is described on a condominium plan approved by the City as defined in Civil Code Section 135l (e) (the "Condominium Plan") individually (and not in bulk") to a member of the public or other ultimate user. Notwithstanding any other provisions of this Agreement, this Agreement shall terminate with respect to any Lot or Condominium unit and such Lot or Condominium unit shall be released and no longer be subject to this Agreement without the execution or recordation of any further document upon satisfaction of both of the following conditions: a) The Lot has been finally subdivided and individually (and not in "bulk") sold or leased (for a period longer than one year) to a member of the public or other ultimate user; b) The Condominium unit is described on a Condominium Plan approved by the City and individually (and not in bulk) sold or leased (for a period longer than one year) to a member of the public or other ultimate user; and, c) A final certificate of occupancy or similar certificate has been issued for a building on the Lot or for the Condominium unit, and the fees set forth under Section 4 of this Agreement have been paid. 2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or cancelled in whole or in part only by written consent of all parties or their respective successors or assigns with respect to their respective portions of the Property in the manner provided for in Government Code Section 65868. This provision shall not limit any remedy of CITY or DEVELOPER as provided by this Agreement. 2.6 Termination. This Agreement shall be deemed terminated and of no further effect upon the occurrence of any of the following events: a) Expiration of the stated term of this Agreement as set forth in Section 2.3. b) Entry of a final judgment setting aside, voiding or annulling the adoption of the ordinance approving this Agreement. c) The adoption of a referendum measure overriding or repealing the ordinance approving this Agreement. d) Completion of the Project in accordance with the terms of this Agreement, including, without limitation, issuance of all required occupancy permits and acceptance by CITY or applicable public agency of all required dedications. Termination of this Agreement shall not constitute termination of any other land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination or with respect to any default in the performance of the 7 provisions of this Agreement that has occurred prior to such termination or with respect to any obligations that are specifically set forth as surviving this Agreement. 2.7 Notices. a) As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. b) All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company after transmission by telegraph to the recipient named below. All notices shall be addressed as follows: If to CITY: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Manager with a copy to: Jenkins & Hogin 1230 Rosecrans Ave., Suite 110 Manhattan Beach, CA 90266 Attn: Michael Jenkins, Esq. If to DEVELOPER: Lewis -Diamond Bar, LLC Attn: John M. Goodman P. O. Box 670 Upland, CA 91785-0670 1156 N. Mountain Avenue Upland, CA 91786-3633 10 with a copy to: Lewis Operating Corp. Attn: W. Bradford Francke, Esq. P. O. Box 670 Upland, CA 91785-0670 1156 N. Mountain Avenue Upland, CA 91786-3633 c) Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3. DEVELOPMENT OF THE PROPERTY. 3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with, and to the extent of, the Development Plan. The Project shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. Except as otherwise provided expressly in this Agreement, the permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the design, improvement, and construction standards applicable to development of the Property, and provisions for reservation and dedication of land for public purposes and Development Exactions shall be those set forth in the Development Plan. Without limiting the foregoing, CITY and DEVELOPER agree that the maximum density permitted for the Property is 200 DU's as provided in the Specific Plan, 3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided expressly under the terms of this Agreement including the Reservations of Authority, the rules, regulations and official policies of the City governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement and construction standards and specifications applicable to development of the Property shall be the Existing Land Use Regulations as modified by the Specific Plan and as reflected in the other Current Development Approvals. In connection with any Subsequent Development Approval, CITY shall exercise its discretion in accordance with the Development Plan, and as provided by this Agreement including, but not limited to, the Reservations of Authority. CITY shall accept for processing, review and action all applications for Subsequent Development Approvals, and such applications shall be processed in the normal manner for processing such matters, provided CITY shall use its best efforts to comply with the processing schedule attached hereto as Schedule 1. 3.3 Timing of Development. The parties acknowledge that DEVELOPER cannot at this time predict when or the rate at which phases of the Property will be developed. Such decisions depend upon numerous factors that are not within the control of DEVELOPER, such as market orientation and demand, interest rates, absorption, completion and other similar factors. Since the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Ca1.3d 11 465, that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that DEVELOPER shall have the right to develop the Property in such order and at such rate and at such times as DEVELOPER, in its sole and absolute discretion deems appropriate, subject only to any timing or phasing requirements set forth in the Development Plan. 3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing requirements established by the Development Plan. 3.5 Changes and Amendments. The parties acknowledge that development of the Project will require Subsequent Development Approvals and may include changes that are appropriate and mutually desirable in the Current Development Approvals. In the event DEVELOPER finds that a change in the Current Development Approvals is necessary or appropriate, DEVELOPER shall apply for a Subsequent Development Approval to effectuate such change and CITY shall process and act on such application in accordance with the Existing Land Use Regulations, except as otherwise provided by this Agreement, including, without limitation, the Reservations of Authority. If approved, any such change in the Current Development Approvals shall be incorporated herein as an addendum to Exhibit "C", and may be further changed from time to time as provided in this Section. Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the Current Development Approvals shall be deemed "minor" and not require an amendment to this Agreement but instead require only the approval of the City Manager (or its designee) provided such change does not: a) Alter the permitted uses of the Property as a whole; or, b) Increase the density or intensity of use of the Property as a whole; or, c) Increase the maximum height of permitted buildings; or, d) Delete a requirement for the reservation or dedication of land for public purposes within the Property as a whole or modify the Development Exactions; or, e) Constitute a project requiring a subsequent or supplemental environmental impact report pursuant to Section 21166 of the Public Resources Code; or f) Permit material changes to the architecture, design, or materials provided for in the Current Development Approvals or Subsequent Development Approvals for the Project; or g) Extend the term of this Agreement; or h) Reduce the benefits to the CITY or Development Exactions provided for in this Agreement. . 12 3.6 Reservations of Authority. 3.6.1 Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the development of the Property. a) Processing fees and charges of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued. b) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. c) Regulations governing construction standards and specifications including, without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code, Fire Code and Grading Code that are applied uniformly and on a City-wide basis to all development projects of a similar type as the Project. d) Regulations imposing Development Exactions except as set forth in this Agreement; provided, however, that no such subsequently adopted Development Exaction shall be applicable to development of the Property unless such Development Exaction is applied uniformly to development, either throughout the CITY or within a defined area of benefit that includes the Property. No such subsequently adopted Development Exaction shall apply if its application to the Property would prevent or increase the cost of development of the Property for the uses and to the density or intensity of development set forth in the Development Plan. In the event any such subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent such fees fulfill the same purposes. e) Regulations that may be in conflict with the Development Plan but that are reasonably necessary to protect the public health and safety of the residents of the Project or immediate community. To the extent possible, any such regulations shall be applied and construed so as to provide DEVELOPER with all of the rights and assurances provided under this Agreement. f) Regulations that are not in conflict with the Development Plan. Any regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of the Property shall be deemed to conflict with the Development Plan and shall therefore not be applicable to the development of the Property. g) Regulations that are in conflict with the Development Plan provided DEVELOPER has given written consent to the application of such regulations to development of the Property. h) Regulations that impose non-discriminatory City-wide taxes. assessments and/or fees, including but no limited to franchise fees or business taxes upon all residents or 13 nonresidential users (commercial or industrial) of real property in the CITY similar to the DU's or the Commercial Component but not including any Development Exaction or other fee designed to mitigate the impacts of the development of the Project. 3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations that do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval on the basis of the Existing Land Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan. Without limiting the foregoing, DEVELOPER acknowledges that nothing in this Agreement limits the right of the City to conduct design review in accordance with its Existing Land Use Regulations prior to issuing any building permits for improvements on the Property. DEVELOPER further acknowledges that such design review may result in modifications to the conceptual elevations and site plans included in the Specific Plan. 3.6.3 Modification or Suspension by State or Federal Law. In the event that State or Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its authority to limit its police power by contract and that the foregoing limitations, reservations and exceptions are intended to reserve to CITY all of its police power that cannot be so limited. This Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such power and authority that cannot be restricted by contract. 3.7 Public Works. If DEVELOPER is required by this Agreement to construct any improvements that will be dedicated to CITY or any other public agency upon completion, and if required by applicable laws to do so, DEVELOPER shall perform such work in the same manner and subject to the same requirements as would be applicable to CITY or such other public agency should it have undertaken such construction. 3.8 Provision of Real Property Interests by CITY. In any instance where DEVELOPER is required to construct any public improvement on land not owned by DEVELOPER, DEVELOPER shall at its sole cost and expense provide or cause to be provided, the real property interests necessary for the construction of such public improvements. In the event DEVELOPER is unable, after exercising commercially reasonable efforts, for a period of ninety (90) days, to acquire the real property interests necessary for the construction of such public improvements, and if so instructed by DEVELOPER and upon DEVELOPER'S provision of adequate security for costs CITY may reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow DEVELOPER to construct the public improvements as required by this Agreement and, if necessary, in accordance with the procedures established by law, use its power of eminent domain to acquire such required real property interests. DEVELOPER shall pay all costs associated with such 14 acquisition or condemnation proceedings. This Section 3.8 is not intended by the parties to impose upon the DEVELOPER an enforceable duty to acquire land or construct any public improvements on land not owned by DEVELOPER, except to the extent that the DEVELOPER elects to proceed with the development of the Project, and then only in accordance with valid conditions consistent with the Development Plan imposed by the CITY upon the development of the Project under the Subdivision Map Act or other legal authority. 3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of CITY possess authority to regulate aspects of the development of the Property separately from or jointly with CITY and this Agreement does not limit the authority of such other public agencies. 3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section 66452.6 of the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter approved in connection with development of the Property, shall be granted an extension of time except in accordance with the Existing Land Use Regulations. 3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final parcel map, heretofore or hereafter approved in connection with development of the Property, is a vesting map under the Subdivision Map Act (Government Code Section 66410, et seg.) and if this Agreement is determined by a final judgment to be invalid or unenforceable insofar as it grants a vested right to develop to DEVELOPER, then and to that extent the rights and protections afforded DEVELOPER under the laws and ordinances applicable to vesting maps shall supersede the provisions of this Agreement. Except as set forth immediately above, development of the Property shall occur only as provided in this Agreement, and the provisions in this Agreement shall be controlling over any conflicting provision of law or ordinance concerning vesting maps. 4. PUBLIC BENEFITS. 4.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs that will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on DEVELOPER that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on DEVELOPER by providing more fully for the satisfaction of the public needs resulting from the Project. 4.2 Development Impact Fees/Grand Avenue Improvements/Traffic Fee. 4.2.1 Grand Avenue Fee. DEVELOPER shall pay to the City a development impact fee (the "Grand Avenue Impact Fee") equal to the "fair share" cost of the Grand Avenue Improvements identified in Exhibit "E" attached hereto allocable to the Property (and allocable to the Annexable Property when annexed to this Agreement). DEVELOPER and CITY agree that such fair share" cost is as set forth in Schedule 3 and was determined in accordance with Government Code Section 60001(b). 15 4.2.2 City Traffic Fee. In addition to the Grand Avenue Impact Fee, DEVELOPER shall pay an additional traffic impact fee for the Property (and for the Annexable Property when annexed to the Property) in the amounts set forth in Schedule 3 (the "City Traffic Fee"). 4.2.3 Time of Payment. The Grand Avenue Impact Fee and City Traffic Fee required pursuant to Subsections 4.2.1 and 4.2.2 for the Property (and for the Annexable Property) shall be paid to CITY on the dates set forth in Schedule 3. During the term of this Agreement, commencing as of the Effective Date, the Grand Avenue Impact Fee and City Traffic Fee shall not be increased with respect to this Project, 4.2.4 In -Lieu Construction. DEVELOPER shall be entitled to credit against the Grand Avenue Impact Fee and/or City Traffic Fee for the construction of any of the improvements for which those fees are paid. Such credit shall be equal to the City's program costs for such improvement(s) listed on the "Fair Share" studies used by City to determine those fees. 4.3 Project Park Requirement. 4.3.1 Quimby Fees. DEVELOPER currently contemplates the construction of 200 Condominium/townhouse DU's for which DEVELOPER shall pay Quimby Act Fees in the amount and at the times set forth in Schedule 3 attached hereto in accordance with Chapter 21.32.040(D) of the City's Municipal Code (the "Quimby Act Fees"). CITY agrees that the Quimby Act Fees shall not be increased during the term of this Agreement. CITY and DEVELOPER agree that the Quimby Act Fees were determined by using the fair market value of land located in the CITY reasonably suitable for park purposes as mutually agreed by CITY and DEVELOPER. 4.3.2 Improvement Credits. DEVELOPER shall receive credit against the Quimby Act Fees for any offsite park improvements or land dedications made by DEVELOPER. 4.3.3 Private Park Improvements. DEVELOPER shall design and construct private park improvements for the exclusive use of the future residents of the DU's (the "Private Park Improvements") of a type, size and quality reasonably approved by CITY. CITY and DEVELOPER shall engage in good faith negotiations following execution of this Development Agreement for the purpose of developing a conceptual design of the Private Park Improvements. DEVELOPER's construction of the Private Park Improvements and payment of the Quimby Act Fees fully and completely satisfies DEVELOPER's Quimby Act Fee obligation imposed against the DU's constructed in the Project. 4.3.4 Park Credit. DEVELOPER may be entitled to credit against the Quimby Act Fees for the value of private open space within the Property which is improved with Private Park Improvements for active recreational uses in accordance with Government Code Section 60477(e) as determined by the City in its reasonable discretion. 4.4 Development Agreement Fees. 4.4.1 Residential Fees. Developer agrees to pay to the CITY a development agreement fee at the issuance of certificates of occupancy for each DU in the Project as follows: 16 5,000 per DU for the first 75 DU's 12,000 per DU for the second 75 DU's 14,500 per DU for the final 50 DU's 4.5 Commercial Fee. 4.5.1 Commercial Anchor/Letter of Credit. DEVELOPER acknowledges that the development of the DU's will result in fiscal impacts to the CITY by reason of the need to furnish CITY services, including, without limitation, police, fire, and utility services for which the DU's do not generate tax revenue to offset the cost of those services. DEVELOPER intends to purchase the Annexable Property and to develop that Property in accordance with the Specific Plan for the commercial and retail uses described in Exhibit "F-1" attached hereto (the "Commercial Component") that will generate significant sales tax revenue to the CITY. DEVELOPER acknowledges and agrees that CITY would suffer the fiscal impacts of the DU's if DEVELOPER fails to purchase the Annexable Property and/or timely develop the Commercial Component with a Home Depot, Target, Lowes, or comparable sales tax generator reasonably approved by the CITY, containing at least 130,000 square feet (the "Commercial Anchor"). As such, DEVELOPER agrees, within thirty (30) days following the Effective Date of this Agreement, and provided there are no lawsuits filed challenging this Agreement or any of the Current Development Approvals, or the Project's CEQA compliance, to post a Two Million Dollar ($2,000,000.00) Letter of Credit to the City to ensure timely development of the Commercial Anchor. The Letter of Credit shall be in the form of Exhibit "F-2" attached hereto. If construction of a Commercial Anchor does not commence on the Annexable Property on or prior to June 1, 2005, of if the Commercial Anchor is not open to the general public by April, 2006, (each an "LC Default"), then the CITY may draw down the Letter of Credit at the rate of Forty-one Thousand Six Hundred Sixty-six Dollars ($41,666.00) per month until the earlier of (i) the date the applicable LC Default is cured, or (ii) until the $2,000,000 Letter of Credit is exhausted. following: 4.5.2 The right of the CITY to draw down the Letter of Credit is conditioned on the a) Permitted delays set forth in Section 10.10 of this Agreement. b) Timely CITY processing of Subsequent Development Approvals, as provided in Section 3.6.2 and Schedule 2 herein. c) Final CITY approval of all Subsequent Development Approvals required for construction of the DU's and for construction of the Commercial Anchor. d) CITY completion of the Grand Avenue Improvements benefitting the Commercial Component, within the schedule set forth in Exhibit "E". e) CITY shall not otherwise be in material default under this Agreement. 17 4.5.3 The Letter of Credit, and CITY's rights to draw against the Letter of Credit, shall be the sole remedy available to CITY if DEVELOPER fails to acquire the Annexable Property or timely develop the Commercial Anchor. CITY acknowledges that DEVELOPER shall not be liable for any failure of the Commercial Component, including the Commercial Anchor, after completion thereof, to generate sales tax revenue in amounts projected or anticipated by the CITY. 4.6 No Additional Impact Fees. Except for the Grand Avenue Impact Fee, City Traffic Fee, and the Quimby Fees, the City may not impose any new, additional, or increased Development Impact Fees upon the Property during the term of this Agreement. 5. REVIEW FOR COMPLIANCE. 5.1 Periodic Review. The City Manager (or its designee) shall review this Agreement annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith compliance by DEVELOPER with the terms of the Agreement. DEVELOPER shall submit an Annual Monitoring Report, in a form acceptable to the City Manager (or its designee), within 30 days after written notice from the City Manager (or its designee). The Annual Monitoring Report shall be accompanied by an annual review and administration fee sufficient to defray the estimated costs of review and administration of the Agreement during the succeeding year. The amount of the annual review and administration fee shall be set annually by resolution of the City Council. 5.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager (or its designee) shall conduct such special reviews. 5.3 Procedure. a) During either a periodic review or a special review, DEVELOPER shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on DEVELOPER. b) Upon completion of a periodic review or a special review, the City Manager or its designee) shall submit a report to the City Council setting forth the evidence concerning good faith compliance by DEVELOPER with the terms of this Agreement and his or her recommended finding on that issue. c) If the City Council finds on the basis of substantial evidence that DEVELOPER has complied in good faith with the terms and conditions of this Agreement, the review shall be concluded. d) If the City Council makes a preliminary finding that DEVELOPER has not complied in good faith with the terms and conditions of this Agreement, the City Council may modify or terminate this Agreement as provided in Section 5.4 and Section 5.5. Notice of default as provided under Section 7.4 of this Agreement shall be given to DEVELOPER prior to or concurrent with, proceedings under Section 5.4 and Section 5.5. 5.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3, CITY determines to proceed with modification or termination of this Agreement, CITY shall give written notice to DEVELOPER of its intention so to do. The notice shall be given at least ten calendar days prior to the scheduled hearing and shall contain: a) The time and place of the hearing; b) A statement as to whether or not CITY proposes to terminate or to modify the Agreement; and, c) Such other information as is reasonably necessary to inform DEVELOPER of the nature of the proceeding. 5.5 Hearing on Modification or Termination. At the time and place set for the hearing on modification or termination, DEVELOPER shall be given an opportunity to be heard. DEVELOPER shall be required to demonstrate good faith compliance with the terms and conditions of this Agreement. The burden of proof on this issue shall be on DEVELOPER. If the City Council finds, based upon substantial evidence, that DEVELOPER has not complied in good faith with the terms or conditions of the Agreement, the City Council may terminate this Agreement or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. 5.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, DEVELOPER is found to be in compliance with this Agreement, CITY shall, upon request by DEVELOPER, issue a Certificate of Agreement Compliance ("Certificate") to DEVELOPER stating that after the most recent periodic or special review and based upon the information known or made known to the City Manager (or its designee) and City Council that (1) this Agreement remains in effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form, shall contain information necessary to communicate constructive record notice of the finding of compliance, shall state whether the Certificate is issued after a periodic or special review and shall state the anticipated date of commencement of the next periodic review. DEVELOPER may record the Certificate with the Los Angeles County Recorder. Whether or not the Certificate is relied upon by assignees or other transferees or DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Manager (or its designee) or City Council. 6. PREVAILING WAGES. 6.1 Public Works Determination. DEVELOPER has been alerted to the requirements of California Labor Code section 1770 et seg., including, without limitation S.B. 975, which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Development Agreement constitutes a public works contract. It shall be the sole responsibility of DEVELOPER to determine whether to pay prevailing wages for any or all work required by this Development Agreement. As a material part of this Development Agreement, DEVELOPER agrees 19 to assume all risk of liability arising from any decision not to pay prevailing wages for work required by this Development Agreement. 6.2 Indemnification. As a further material part of this Development Agreement, DEVELOPER agrees to indemnify, defend and hold harmless the CITY, its officials, officers, employees, consultants and agents from any and all claims, liability, loss, costs, damages, expenses, fines and penalties, of whatever type or nature, including all costs of defense and attorneys' fees, arising from any alleged failure of the DEVELOPER or DEVELOPER's contractors to comply with the prevailing wage laws of the State of California. If the CITY or any of the other indemnified parties is named as a party in any dispute arising from the failure of DEVELOPER or DEVELOPER's contractors to pay prevailing wages, DEVELOPER agrees that the CITY and those other indemnified parties may appoint their own independent counsel, and DEVELOPER agrees to pay all attorneys' fees and defense costs of the CITY and the other indemnified parties as billed, in addition to all other damages, fines, penalties, and losses incurred by the CITY and those other indemnified parties as a result of the action. 7. DEFAULT AND REMEDIES. 7.1 Remedies in General. It is acknowledged by the parties that neither party would have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement, except that neither party shall be liable in damages to the other party, or to any successor in interest of such party, or to any other person, and each party covenants not to sue for damages or claim any damages: a) For any breach of this Agreement or for any cause of action that arises out of this Agreement; or b) For the taking, impairment or restriction of any right or interest conveyed or provided under or pursuant to this Agreement; or c) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 7.2 Specific Performance. The parties acknowledge that money damages and remedies at law generally are inadequate and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: a) Money damages are unavailable against CITY or DEVELOPER as provided in Section 7.1 above; provided nothing in this Agreement precludes CITY from exercising its rights to enforce bonds or other security furnished by DEVELOPER to CITY as required in the Development Plan. 20 b) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, DEVELOPER may be foreclosed from other choices it may have had to utilize the Property or portions thereof. DEVELOPER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money that would adequately compensate DEVELOPER for such efforts. 7.3 Release. Except for nondamage remedies, including the remedy of specific performance as provided in Section 7.2, and judicial review as provided for in Section 5.5, DEVELOPER, for itself, its successors and assignees, hereby releases the CITY, its officials, officers, .agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance that seeks to impose any other liability or damage, whatsoever, upon the CITY because it entered into this Agreement or because of the terms of this Agreement. 7.4 Termination or Modification of Agreement for Default of DEVELOPER. Subject to the provisions contained in Subsection 5.5 herein, CITY may terminate or modify this Agreement for any failure of DEVELOPER to perform any material duty or obligation of DEVELOPER under this Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as default"); provided, however, CITY may terminate or modify this Agreement pursuant to this Section only after providing written notice to DEVELOPER of default setting forth the nature of the default and the actions, if any, required by DEVELOPER to cure such default and, where the default can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 7.5 Termination of Agreement for Default of CITY. DEVELOPER may terminate this Agreement only in the event of a default by CITY in the performance of a material term of this Agreement and only after providing written notice to CITY of default setting forth the nature of the default and the actions, if any, required by CITY to cure such default and, where the default can be cured, CITY has failed to take such actions and cure such default within 60 days after the effective date of such notice or, in the event that such default cannot be cured within such 60 day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such 60 day period and to diligently proceed to complete such actions and cure such default. 8. TFHRD PARTY LITIGATION. 8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with its General Plan, and that the General Plan meets all requirements of law. DEVELOPER has reviewed the General Plan and concurs with CITY's determination. 21 CITY shall have no liability in damages under this Agreement for any failure of CITY to perform under this Agreement or the inability of DEVELOPER to develop the Property as contemplated by the Development Plan of this Agreement as the result of a judicial determination that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law. 8.2 Third Party Litigation Concerning Agreement. DEVELOPER shall defend, at its expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officials, officers, independent contractors, subcontractors, and employees from any claim, action or proceeding against CITY, its agents, officials, officers, independent contractors, subcontractors, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any Subsequent Development Approval granted pursuant to this Agreement. CITY shall promptly notify DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, DEVELOPER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may, in its discretion, participate in the defense of any such claim, action or proceeding. 8.3 Indemnity. In addition to the provisions of Section 8.2 above, DEVELOPER shall indemnify and hold CITY, its officials, officers, agents, employees and independent contractors free and harmless from any liability whatsoever, based or asserted upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors and independent contractors, for property damage, bodily injury, or death (DEVELOPER's employees included) or any otherelement of damage of any kind or nature, relating to or in any way connected with or arising from the activities contemplated hereunder, including, but not limited to, the study, design, engineering, construction, completion, failure or conveyance of the public improvements, save and except claims for damages to the extent arising through the gross active negligence or willful misconduct of CITY. DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials, agents, employees, subcontractors and independent contractors in any action or proceeding based upon such alleged acts or omissions. CITY may, in its discretion, participate in the defense of any such action or proceeding. 8.4 Environment Assurances. DEVELOPER shall indemnify and hold CITY, its officers, officials, agents, independent contractors, subcontractors, and employees free and harmless from any liability, based or asserted, upon any act or omission of DEVELOPER, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials, independent contractors, subcontractors, agents and employees in any action based or asserted upon any such alleged act or omission. CITY may, in its discretion, participate in the defense of any such action. ° 8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves the right to either (1) approve the attorney(s) that DEVELOPER selects, hires or otherwise engages to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its 22 own defense, provided, however, that DEVELOPER shall reimburse CITY forthwith for any and all reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting therefor. 8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the termination of this Agreement. 9. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit DEVELOPER, in any manner, at DEVELOPER's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. CITY acknowledges that Mortgagees providing such financing may require certain Agreement interpretations and modifications and agrees upon request, from time to time, to meet with DEVELOPER and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be entitled to the following rights and privileges: a) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgag8 on the Property made in good faith and for value, unless otherwise required by law. b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or any part thereof, which Mortgagee, has submitted a request in writing to the CITY in the manner specified herein for giving notices, shall be entitled to receive written notification from CITY of any default by DEVELOPER in the performance of DEVELOPER's obligations under this Agreement. c) If CITY timely receives a request from a Mortgagee requesting a copy of any notice of default given to DEVELOPER under the terms of this Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed such party under this Agreement. d) Any Mortgagee who comes into possession of the Property, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of DEVELOPER's obligations or other affirmative covenants of DEVELOPER hereunder, or to guarantee such performance; provided, however, that to the extent. that any covenant to be performed by DEVELOPER is a condition precedent to the performance of a covenant by CITY , the performance thereof shall continue to be a condition precedent to CITY's performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee in possession shall be subject to the provisions of Section 2.4 of this Agreement. 23 10. MISCELLANEOUS PROVISIONS. 10.1 Recordation of Agreement. This Agreement and any amendment or cancellation thereof shall be recorded with the Los Angeles County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code. 10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth therein, are essential elements of this Agreement and CITY would not have entered into this Agreement but for such provisions, and therefore in the event such provisions are determined to be invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and effect whatsoever. 10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 10.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 10.6 Singular and Plural. As used herein, the singular of any word includes the plural. 10.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 10.8 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 10.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. No other person shall have anyrightofactionbaseduponanyprovisionofthisAgreement. 24 10.10 Force Majeure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control, (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance by either party of any of its obligations hereunder may be extended by the written agreement of the parties for the period of time that such events prevented such performance, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years. 10.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of the covenants to be performed hereunder by such benefitted party. 10.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and, (c) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof. 10.13 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 10.14 Jurisdiction and Venue. Any action at law or inequity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 10.15 Proiect as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and DEVELOPER is that of a government entity regulating the development of private property and the developer of such property. 10.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent 25 and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 0 10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain. 10.18 Agent for Service of Process. In the event DEVELOPER is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer resident of the State of California, or it is a foreign corporation, then in any such event, DEVELOPER shall file with the City Manager (or its designee), upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon DEVELOPER. If for any reason service of such process upon such agent is not feasible, then in such event DEVELOPER may be personally served with such process out of Los Angeles County and such service shall constitute valid service upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction of the Court referenced in Section 10.14 so obtained and waives any and all objections and protests thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638). 10.19 Authority to Execute. The person or persons executing this Agreement on behalf of DEVELOPER warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind DEVELOPER to the performance of its obligations hereunder. 10.20 DEVELOPER ACKNOWLEDGES AND AGREES THAT DEVELOPER THOROUGHLY REVIEWED THIS AGREEMENT THE RIGHTS AND OBLIGATIONS OF DEVELOPER UNDER THIS AGREEMENT, WITH LEGAL COUNSEL, AND DEVELOPER HAS EQUAL BARGAINING POWER AND THE REQUISITE EXPERIENCE, SOPHISTICATION, AND FINANCIAL STRENGTH TO UNDERSTAND, INTERPRET, AND AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LMTATION, THE TERMS OF SECTION 4.4 OF THIS AGREEMENT. DEVELOPER ACKNOWLEDGES AND AGREES THAT IT HAS EVALUATED THE RISKS AND MERITS OF OBLIGATIONS AND BENEFITS OF THIS AGREEMENT AND IS WILLING AND ABLE TO BEAR THE ECONOMIC RISK OF THIS AGREEMENT AND ALL REMEDIES RELATED THERETO. 26 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year set forth below. WBF: km\949\G2303D-DevAgmt;061604 DEVELOPER" LEWIS-DIAMOND BAR, LLC a California corporation By: Name: Title: CITY" CITY OF DIAMOND BAR By: Name: Title: 27 EXHIBIT "A-1" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Legal Description of Property THE LAND SITUATED IN THE STATE OF CALIFORNIA, CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES: PARCEL A: PARCELS 2 AND 3 OF PARCEL MAP NO. 14819, IN THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 154, PAGES 27 TO 30 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL & GAS AND OTHER HYDROCARBONS AND MINERALS NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER AS RESERVED IN DEED OF TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION, RECORDED MARCH 29, 1968, BOOK D3955 PAGE 185, OFFICIAL RECORDS. AND RE- RECORDED JUNE 19, 1969, BOOK D4407, PAGE 591, OFFICIAL RECORDS. ALL SURFACE RIGHTS TO A DEPTH OF 500 FEET WERE QUITCT .ARMED BY INSTRUMENT RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553, OFFICIAL RECORDS. PARCEL A 1: THOSE CERTAIN NON-EXCLUSIVE PERPETUAL ROAD EASEMENTS GRANTED IN ACCORDANCE WITH SECTIONS 5.01, 5.02, AND 5.03 OF THAT CERTAIN DECLARATION OF RESTRICTIONS, SLOPE DEVELOPMENT, MAINTENANCE AND EASEMENT DATED MARCH 2, 1983, AND RECORDED MARCH 2, 1983 AS INSTRUMENT NO. 83-237794, OFFICIAL RECORDS. Exhibit "A-1" EXHIBIT "A-2" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Description of Annexable Property Annexable Property is that portion of Planning Area 1 which provides for commercial -retail development of the type generally shown on Exhibit "F-1" attached hereto. Exhibit "A-2" EXHIBIT "A-3" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Notice of Annexation Recording requested by: TITLE COMPANY Order No. When recorded return to: Space Above This Line for Recorder's Use Only) NOTICE OF ANNEXATION FOR DIAMOND BAR VILLAGE Exhibit "A -Y NOTICE OF ANNEXATION DIAMOND BAR V11.LAGE DEVELOPMENT AGREEMENT THIS NOTICE OF ANNEXATION ("Notice of Annexation") is executed by the City of Diamond Bar ("City") and Lewis -Diamond Bar, LLC, a Delaware limited liability company Developer") this day of , 200_ pursuant to and in accordance with that certain Diamond Bar Village Development Agreement between the City of Diamond Bar and Developer dated , 2004 (the "Development Agreement'). RECITALS A. Developer is the owner of that certain real property located in the City of Diamond Bar, County of Los Angeles, State of California, more particularly described and set forth in Exhibit "A" attached hereto and incorporated herein by this reference (the "Annexable Property"). B. Section 1.1.22 of Development Agreement requires that Developer annex the Annexable Property into the Development Agreement within thirty (30) days after its acquisition of title to the Annexable Property. NOW, THEREFORE, in accordance with the foregoing recitals and pursuant to Section 1. 1.22 of the Development Agreement, City and Developer agree as follows: : ARTICLE 1 ANNEXATION 1.1 Annexation of Annexable Property. City and Developer hereby declare that the Annexable Property is annexed to and made part of the Property already subject to the Development Agreement. This Notice of Annexation constitutes a notice of annexation as described in Section 1.1.20 of the Development Agreement. By virtue of such annexation, the Annexation Property is and shall be part of the Property and subject to each and all of the terms and conditions of the Development Agreement. ARTICLE 2 GENERAL PROVISIONS 2.1 Amendment. This Notice of Annexation may be amended only in accordance with the provisions of the Development Agreement. 2.2 Inurement. This Notice of Annexation, and each of the covenants, conditions, restrictions, reservations, easements, liens and charges set forth in the Development Agreement, shall run with the Annexable Property and shall inure to the benefit of and be binding upon Developer and its successors -in -interest to the Annexable Property, for such duration and according to such terms and provisions as set forth in the Development Agreement. 2.3 Defined Terms. Unless otherwise defined herein, all capitalized words and phrases used in Exhibit "A-3" Assignment / Notice of Annexation Page 2 this Notice of Annexation shall have the same meanings given them in the Development Agreement. IN WITNESS WHEREOF, the City and Developer have executed this Notice of Annexation as of the date first above written to be effective upon its recordation in the Official Records of Los Angeles County, California. CITY" CITY OF DIAMOND BAR Lo Name: Title: DEVELOPER" LEWIS-DIAMOND BAR, LLC, a Delaware limited liability company By: LEWIS OPERATING CORP., a California corporation By: Name: Title: Exhibit "A-3" STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me, , a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature STATE OF CALIFORNIA ) ss. COUNTY OF 1 On before me, , a Notary Public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature Exhibit "A-3" IM.14M1:30r1 ANNEXABLE PROPERTY Exhibit "A-3" EXHIBIT "B" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Map of Specific Plan Area Exhibit "B" EXHIBIT "C" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Current Development Approvals General Plan Amendment No. 2004-01 Zone Change No. 2004-02 Diamond Bar Village Specific Plan No. 2004-01 Addendum to Medical Plaza Final Environmental Impact Report, SCH No. 91121027 and Diamond Bar Economic Revitalization Area Final Environmental Impact Report, SCH 96111047 Development Agreement No. 2004-01 Exhibit "C" Resolution No. Ordinance No. Ordinance No. Resolution No. Ordinance No. EXHIBIT "D" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Existing Land Use Regulations 1. City of Diamond Bar, Development Code Adopted November 3,1998. 2. City of Diamond Bar, General Plan Adopted July 25, 1995. Exhibit "D" EXHIBIT "E" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Grand Avenue Improvements The proposed Grand Avenue Beautification/Betterment Project consists of modifications/improvements to the existing center median islands, architectural treatment and aesthetic enhancement to the roadway and intersections. The center median modifications will include reconstruction of curbs for proper channelization of traffic, replacement of existing irrigation systems, landscape, hardscape, planting, and concrete improvements. Included in the project will be traffic safety enhancements such as street widening in the vicinity of Golden Springs Drive, installation and/or modification of signals, street lights, signal timing synchronization, striping, drainage improvements and other streetscape improvements To be determined - Developer's Fair Contribution Description and Construction Schedule Start of Construction - April 2005. Completion of construction — March 2006 Exhibit "E" EXHIBIT "F-1" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Commercial Component Description Exhibit "F-1" EXHIBIT "F-2" TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Letter of Credit Form FINANCIAL INSTITUTION NAME ADDRESS Contact Phone: Email: IRREVOCABLE STANDBY LETTER OF CREDIT Beneficiary: Letter of Credit No.: City of Diamond Bar 21825 Copley Drive Date: , 2004 Diamond Bar, CA 91765 Ladies and Gentlemen: At the request and for the account of Lewis -Diamond Bar, LLC, a Delaware limited liability company, 1156 North Mountain Avenue, Upland, California 91786, we hereby establish our Irrevocable Letter of Credit in favor of the City of Diamond Bar in the amount of Two Million and 00/100 United States Dollars (US $2,000,000.00) available with us at our above office by payment of your draft(s) drawn on us at sight accompanied by your signed and dated statement worded pursuant to either A or B below: A. "The undersigned, an authorized representative of the City of Diamond Bar, hereby certifies that: 1. Lewis -Diamond Bar, LLC, a Delaware limited liability company, has failed to timely perform its obligations under Section 4.5.1 of that certain Diamond Bar Village Development Agreement (the 'Development Agreement") dated , 2004, by and between the City of Diamond Bar, a municipal corporation of the State of California ('Beneficiary"), and Lewis -Diamond Bar, LLC, a Delaware limited liability company ("Lewis"), with respect to the development of the Commercial Component as defined in the Development Agreement; and 2. None of the conditions in Section 4.5.2 of the Development Agreement apply; and 3. Written notice of default and intent to draw on this Letter of Credit was delivered by Beneficiary to Lewis thirty (30) days prior to the date of this request to draw on the Letter of Credit; and therefore, Exhibit "F-2" 4. Pursuant to Section 4.5.1 of the Development Agreement, a monthly draw in the Amount of $41,666.00 is due and payable to Beneficiary on , 200_ and on the same day of each month thereafter until written notice that Lewis is not in default is executed by Beneficiary and delivered to us; or B. "The undersigned, an authorized representative of the City of Diamond Bar, hereby certifies that: 1. Lewis -Diamond Bar, LLC, a Delaware limited liability company, has failed to meet its obligations under Section 4_5 of that certain Development Agreement for the (the Development Agreement") dated , 2004, by and between the City of Diamond Bar, a municipal corporation. of the State of California ('Beneficiary"), and Lewis - Diamond Bar, LLC, a Delaware limited liability company ("Lewis"), because [FINANCIAL INSTITUTION NAME] delivered written notice not to extend the Letter of Credit and Lewis failed to deliver a replacement Letter of Credit or to extend term of this Letter of Credit at least ten (10) days before expiration of this Letter of Credit; and therefore, 2. Pursuant to Section 4.5.1 of the Development Agreement, the Amount of is due and payable to Beneficiary." Each draft must be accompanied by the original of this Letter of Credit for our endorsement on this Letter of Credit in the amount of our payment on such draft. Each draft drawn hereunder must be marked 'Drawn under [FINANCIAL INSTITUTION NAME] Letter of Credit No. , dated .2004". This Letter of Credit expires at our above office on , 2005 but shall be automatically extended, without written amendment, first to , 2006, then to , 2007, and then to, but not beyond , 2008 unless we have sent written notice to you at your above address by registered mail or express courier that we elect not to extend this Letter of Credit beyond the date specified in such notice, which date will be 2005, or , 2006, or ,20(7and be at least thirty (30) calendar days after the date we send you such notice. Partial drawings are permitted (more than one draft may be drawn and presented under the Letter of Credit). The aggregate amount of all drafts presented to us under and in compliance with the terms of this Letter of Credit on or before 2005, or the expiration date as extended, may not exceed $2,000,000.00. This Letter of Credit is subject to the Uniform Customs and Practice for DocumentaryCredits (1993 Revision), International Chamber of Commerce Publication No. 500. Exhibit "F-2" We hereby engage with you that all drafts drawn under and in compliance with the terms of this Credit will be duly honored by us if drawn and presented for payment at our office on or before the expiration date as specified herein. FINANCIAL INSTITUTION NAME LO Name: Title: Exhibit "F-2" SCHEDULEI TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Brookfield Home Depot, Lowes, Target List of Pre -Approved Developers Schedule 1 SCHEDULE2 TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Entitlement Processing Schedule To be determined Schedule 2 SCHEDULE 3 TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT Project Impact Fees FEE DESCRIPTION AMOUNT TIME OF PAYMENT Grand Avenue Residential $ per DU Commercial $ per sq. ft. City Traffic Residential $ per DU Commercial $ per sq. ft. Quimby Fee 2,175 per DU Schedule 3 Residential — 15 days after City approval of Tentative Tract Map Commercial — prior to issuance of first building permit Residential — prior to each certificate of occupancy Commercial — prior to each certificate of occupancy Prior to 1. The zoning designation for the following properties identified as APN 8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293- 045-008 and 8293-045-009 is hereby designated SP - Specific Plan and shall allow land uses as listed within the Diamond Bar Village Specific Plan. 2. The City Clerk is directed to amend the Zoning Map to reflect the referenced properties' new zone designation. PASSED, APPROVED AND ADOPTED THIS E+ -h DAY OF,u.4 2004, BY THECITYCOUNCILOFTHECITYOFDIAMONDBAR BY: _ B--;brbes, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the CityofDiamondBarheldonthe22tdayofgyp, 2004 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day ofJuly , 2004 by the following vote: AYES: Council Members: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: Council Members: none ABSENT: Council Members: None ABSTAIN: Council Members: No7re` 41tyClerk, "City of Di .ond Bar Exhibit A CONDITIONS OF PROJECT APPROVAL Condition of Project Approval No. 1. Total new non-residential gross leaseable square footage on the "lower parcels," as defined and delineated in the `Diamond Bar Village Specific Plan" Lewis Investment Company, LLC, May 25, 2004) shall not exceed 207,781 square feet unless a subsequent traffic study, addressing the traffic -related impacts associated with any such increase. is submitted to and deemed acceptable by the City or unless such increase can be determined by the City to not result in any substantial increase in project -related traffic. Condition of Project Approval No. 2. All exterior paints utilized for the project's initial construction shall conform to the following specification: All primers and topcoats shall contain 200 grams or less of VOC per liter of coating, less water, less exempt compounds, and less any colorant added to tint bases. Alternatively, the Applicant shall demonstrate that the project's selected finishes and exterior wall features would result in a comparable reduction in -basin VOC emissions, such as might be attained through the use of pre -manufactured and pre -painted materials. Condition of Project Approval No. 3. When operating within 100 feet of any church, educational facility, residential use, or other sensitive receptor, the Applicant shall limit allowable engine idling time to not more than five minutes for diesel -powered trucks and mobile heavy equipment. This condition is applicable to both construction and operational activities occurring on the project site. Condition of Project Approval No. 4. The Applicant shall include as part of the real estate disclosure documentation, as required by the California Department of Real Estate for purchasers of those residential units to be constructed on the project site, the disclosure that commercial activities are proposed on the adjacent property and that the operational characteristics of those activities may include trucking, delivery, and maintenance operations by diesel -fueled vehicles. Condition of Project Approval. No. 5. If- 'red by the City Engineer, a detailed hydrologic and hydraulic study shall be prepared by a. bcensed civil engineer and submitted for the City's review and approval prior to the issuance of any grading permits in order to ensure the safe and effective discharge of storm waters from the project site into areawide storm drain conduits. Condition of Project Approval No. 6. Based on the current site plan and as determined by the City, unless effective sound, mitigation can be demonstrated once the project is operational or other controls imposed on delivery and related activities associated with the proposed home improvement center, the number of delivery and related activities that occur within exterior area and in proximity to the loading dock between the hours of 10:00 PM and 7:00 AM shall not exceed three tractor trailers and two small truck deliveries. With respect to those operations, trucks and tractor trailers are not assumed to be comparable equipment such that one vehicle type could substitute for the other. The facility operator shall maintain an on-site delivery manifest documenting delivery and operations between those hours and, upon request, shall make that manifest available for inspection by City inspectors. Condition of Project Approval No. 7. Prior to the issuance of building permits, the Director shall review the project development plans with the Los Angeles. County Sheriff's Department LACSD) to determine whether the LACSD has any recommendations regarding the project's design, development, and/or operations. The Director shall work with the Applicant to incorporate such recommendations, if any, into the final project design. Condition of Project Approval No. 8. The proposed project shall provide, in an amount and within a time period to be determined by the City, a "fair -share" contribution toward the cost of areawide street improvements to offset potential project -related and cumulative transportation impacts. Those "fair -share" contributions shall be based on the projected costs associated with areawide roadway improvement needs, as defined by the City Engineer. Condition of Project Approval No. 9. As determined by the City Engineer, the Applicant shall provide supplemental traffic information related to the assessment of areawide traffic conditions for review and approval by the City Engineer. The City will incorporate any information deemed pertinent by the City Engineer into the formulation of the Applicant's "fair -share" contribution toward areawide traffic improvements. Condition of Project Approval No. 10. At the City's discretion, the Applicant's "fair -share" contributions shall be provided to offset specific impacts at specific locations and/or may beutilizedbytheCitytoprovideregionalorotherCity-wide traffic and transportation benefits that may not be directly applicable to or located in close proximity to the project site. It is recognized that given the present traffic conditions in the City, innovative, altemative, bypass, and other transportation solutions may be the best method for addressing future transportation needs. Condition of Project Approval No. 11. The final site plan shall include and accommodate thosetrafficmeasures, improvements, and any other pertinent factors or facilities, as may bedeterminedbytheCityEngineer. Condition of Project Approval No. 12. Prior to the approval of the final subdivision map; theApplicantshallsubmitandtheCityshallreviewandwhendeemedacceptableapproveasharedparkingstudy. The study shall present a gWtification of on-site parking needs, quantify thenumberofon-site parking spaces required. under existing City regulations, discuss and evaluate opportunities for shared parking between on-site land uses, and examine the need and timing forthedevelopmentoftheproposedparkingstructure, if determined by the study to be required toaccommodateon-site land uses. The number, type, and location of on-site parking shall bedeterminedbytheCitybased, in whole or in part, by the findings of that shared parking study. Condition of Project Approval No. 13. General Plan Amendment No. 2004-01, Zone ChangeNo. 2004-02 and Specific Plan No. 2004-01 shall take effect only if Development Agreement No. 2004-01 takes effect. ON RESOLUTION NO. 2004 - 36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMONDBAR, APPROVING GENERAL PLAN AMENDMENT NO. 2004-01; AMENDING THE LAND USE ELEMENT PERTAINING TO PLANNINGAREA - 3 IN ORDER TO PERMIT HIGH DENSITY RESIDENTIAL USES UPON A VACANT 14 ACRE SITE GENERALLY LOCATED NEAR THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE IDENTIFIED AS A PORTION OF PARCEL 2 OF PARCEL MAP14819. WHEREAS, the applicant, Lewis -Diamond Bar, LLC, (the "Applicant") acting as theagentforthepropertyowner, Inter Community Health Services, has filed an applicationforGeneralPlanAmendmentNo. 2004-01 for property described as Parcel 2 of ParcelMapNo. 14819 located on Grand Avenue in Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject General Plan Amendment shall bereferredtoasthe "Application"; and WHEREAS, the Applicant has submitted a request to the City of Diamond Bar (theCity") to develop the 14 -acre portion of property located south of Grand Avenue andeastofGoldenSpringsDrive (the "Property") with 200 for -sale, multi -family residentialhousingunitsandanoptional50,000 square foot office building, as components of a. proposed 71 -acre "Diamond Bar Village," or "DBV" Specific Plan; and WHEREAS, the Applicant has requested City approval of an addendum to certain priorEnvironmentalImpactReportsconcerningtheProperty, and General Plan AmendmentNo. 2004-01, changing the General Plan land use designation of the approximately14.3 acre flat portion of Parcel 2 of Parcel Map No. 14819 from Planning Area 3 / Specific Plan / Professional Office to Planning Area 3 / Specific Plan / High DensityResidentialpermittingamaximumof200dwellingunitswithanoptiontodevelopa50,000 square foot office building upon 2.7 acres of the property; and WHEREAS, pursuant to and in conformance with the California Environmental QualityAct, Pub. Res. Code § 21000 et seq. ("CEQA") and CEQA Guidelines, 14 Calif. CodeRegs. § 15000 et seq., the City prepared an Environmental Impact Report for DiamondBarMedicalPlaza ("Medical Plaza EIR"), which was certified by the City PlanningCommissiononApril12, 1993, by Planning Commission Resolution No. 93-11 and isdesignatedStateClearinghouseNo. 91121027, and; WHEREAS, pursuant to and in conformance with CEQA, the City an - Environmental Impact Report for Diamond Bar Economic Revitalization r A ead( theRevitalizationEIR"), which was certified by the City Council on July 1, 1997, byResolutionNo. 97-51 and is designated State Clearinghouse No. 96111047;and 2004-36 WHEREAS, pursuant to and in conformance with CEQA, the City prepared an addendum to the Medical Plaza and Revitalization EIRs for Diamond Bar Village property, as DBV is consistent with the type and intensity of land uses analyzed in such EIRs, there are neither new significant impacts nor a substantial increase in the severity of the impacts identified in such EIRs and no new mitigation measures are required; and WHEREAS, pursuant to Section 21090 of CEQA and Sections 15006, 15162, 15164 and 15168 of the CEQA :Guidelines, the Project, as defined in the Addendum, is an action considered under the Medical Plaza and Revitalization EIRs, and there is substantial evidence that there are no new significant environmental impacts, there is no substantial increase in the severity of any previously identified impact and there are no new mitigation measures required so as to warrant a supplemental or subsequent EIR or negative declaration. WHEREAS, on June 16, 2004, public hearing notices for the City Council meeting of June 29, 2004, were mailed to approximately 906 property owners of record within a 700 - foot radius of the project. Furthermore, on June 17, 2004, the property was posted with a display board and public notices were posted in three public places. On June 18, 2004, notification of the public hearing for this Application was provided in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. WHEREAS, on June 22, 2004, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing regarding the proposed Application and adopted its Resolution No. 2004-24, recommending City Council approval of General Plan Amendment No. 2004-01; and WHEREAS, on June 29, 2004, the City Council of the City of Diamond Bar conducted a duly noticed public hearing regarding the proposed Application. NOW, THEREFORE, IT IS RESOLVED that the City Council of the City of Diamond Bar does hereby find, order and resolve the following: Section 1. This City Council hereby specifically finds that all of the facts set forth in this Resolution are true and correct. Section 2. The City Council does hereby approve the Addendum and General Plan Amendment No. 2004-01 in conformance with California Government Code Section 65358. The City Council believes that the proposed General Plan amendment represents a logical, appropriate and rational alternate land use designation. Section 3. The existing approximate 14 -acre site located on the south side of Grand Avenue more particularly described as Parcel 2 of Parcel Map No. 14819 -is hereby designated with a General Plan Land Use designation of Planning Area 3 - Specific Plan permitting Office Professional and High Density Residential uses. K 2004-36 Section 4. The amendment to the General Plan is internally consistent with the i adopted goals and policies of the City. General Plan Amendment No. 2004-01 will permit residential, in an area adjacent to existing residential developments. The General Plan Amendment promotes appropriate mixing of land uses, allows construction of a mixed-use development that includes office, residential, open -space preservation and is adjacent to a proposed commercial -retail use that adds to the City'staxbase. Therefore, the General Plan Amendment is consistent with City policies and is in the public interest. Section 5. Pursuant to the provisions of the California Environmental Quality ActCEQA), Article 6, Sections 15162 and 15072, the City has determined that approval of the addendum reflects the independent judgment of the City of Diamond Bar. Section 6. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into. and/or conditioned upon the proposed project set forth in the Application, there is no evidence before this CityCouncilthattheprojectproposedhereinwillhavethepotentialofanadverseeffectonwildliferesourcesorthehabitatuponwhichthewildlifedepends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained ir. Section 753.5 (d) of Title 14 of the California Code of Regulations. Section 7. The City Council does hereby incorporate Conditions of Approval, attached as Exhibit A, and incorporated herein by reference, which shall be conditionstothosemattersspecifiedinthisResolution. The City Clerk shall: a) Certify to the adoption of this Resolution; and b) Amend the General Plan to reflect the new land use classification. PASSED, APPROVED AND ADOPTED THIS 29TH DAY OF JUNE 2004. 3 Bob Zirbes, Mayor 2004-36 I, Linda C. Lowry, City Clerk, do hereby certify that the foregoing Resolution was duly + introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 29th day of June 2004, by the following vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:None ABSTAIN: COUNCIL MEMBERS: None i da C. Lowry, City Cleric City of Diamond Bar 4 2004-36 Exhibit A CONDITIONS OF PROJECT APPROVAL Condition of Project Approval No. 1. Total new non-residential gross leaseable square footage on the "lower parcels," as defined and delineated in the "Diamond Bar Village Specific Plan" Lewis Investment Company, LLC, May 25, 2004) shall not exceed 207,781 square feet unless a subsequent traffic study, addressing the traffic -related impacts associated with anv such increase. is submitted to and deemed acceptable by the City or unless such increase can be determined by the City to not result in any substantial increase in project -related traffic. Condition of Project Approval No. 2. All exterior paints utilized for the project's initial construction shall conform to the following specification: All primers and topcoats shall contain 200 grams or less of VOC per liter of coating, less water, less exempt compounds; and less anycolorantaddedtotintbases. Alternatively, the Applicant shall demonstrate that the project's selected finishes and exterior wall features would result in a comparable reduction in -basin VOCemissions, such as might be attained through the use of pre -manufactured and pre -paintedmaterials. Condition of Project Approval No. 3. When operating within 100 feet of any church, educational facility, residential use, or other sensitive receptor, the Applicant shall limit allowable engine idling time to not more than five minutes for diesel -powered trucks and mobile heavyequipment. This condition is applicable to both construction and operational activities occurringontheprojectsite. Condition of Project Approval No. 4. The Applicant shall include as part of the real estatedisclosuredocumentation, as required by the California Department of Real Estate for purchasers of those residential units to be constructed on the project site, the disclosure that commercial activities are proposed on the adjacent property and that the operational characteristics of thoseactivitiesmayincludetrucking, delivery, and maintenance operations by diesel -fueled vehicles. Condition of Project Approval No. 5. If required by the City Engineer, a detailed hydrologicandhydraulicstudyshallbepreparedbyalicensedcivilengineerandsubmittedfortheCity'sreviewandapprovalpriortotheissuanceofanygradingpermitsinordertoensurethesafeandeffectivedischargeofstormwatersfromtheprojectsiteintoareawidestormdrainconduits. Condition of Project Approval No. 6. Based on the current site plan and as determined by theCity, unless effective sound mitigation can be demonstrated once the project is operational orothercontrolsimposedondeliveryandrelatedactivitiesassociatedwiththeproposedhomeimprovementcenter, the number of delivery and related activities that occur within exterior areaandinproximitytotheloadingdockbetweenthehoursof10:00 PM and 7:00 AM shall notexceedthreetractortrailersandtwosmalltruckdeliveries. With respect to those operations, trucks and tractor trailers are not assumed to be comparable equipment such that one vehicle tycouldsubstitutefortheother. The facility operator shall maintain an on pe site delivery manifestdocumentingdeliveryandoperationsbetweenthosehoursand, upon request, shall make thatmanifestavailableforinspectionbyCityinspectors. Condition of Project Approval No. 7. Prior to the issuance of building permits, the Director shall review the project development plans with the Los Angeles County Sheriffs Department LACSD) to determine whether the LACSD has any recommendations regarding the project's design, development, and/or operations. The Director shall work with the Applicant to incorporate such recommendations, if any, into the final project design. Condition of Project Approval No. 8. The proposed project shall provide, in an amount and within a time period to be determined by the City, a "fair -share" contribution toward the cost of areawide street improvements to offset potential project -related and cumulative transportation impacts. Those "fair -share" contributions shall be based on the projected costs associated with areawide roadway improvement needs, as defined by the City Engineer. Condition of Project Approval No. 9. As determined by the City Engineer, the Applicant shall provide supplemental traffic information related to the assessment of areawide traffic conditions for review and approval by the City Engineer. The City will incorporate any information deemed pertinent by the City Engineer into the formulation of the Applicant's "fair -share" contribution toward areawide traffic improvements. Condition of Project Approval No. 10. At the City's discretion, the Applicant's "fair -share" contributions shall be provided to offset specific impacts at specific locations and/or may be utilized by the City to provide regional or other City-wide traffic and transportation benefits that may not be directly applicable to or located in close proximity to the project site. It is recognized that given the present traffic conditions in the City, innovative, alternative, bypass, and other transportation solutions may be the best method for addressing future transportation needs. Condition of Project Approval No. 11. The final site plan shall include and accommodate those traffic measures, improvements, and any other pertinent factors or facilities, as may be determined by the City Engineer. Condition of Project Approval No. 12. Prior to the approval of the final subdivision map, the Applicant shall submit and the City shall review and when deemed acceptable approve a shared parking study. The study shall present a quantification of on-site parking needs, quantify the number of on-site parking spaces required under existing City regulations, discuss and evaluate opportunities for shared parking between on-site land uses, and examine the need and timing for the development of the proposed parking structure, if determined by the study to be required to accommodate on-site land uses. The number, type, and location of on-site parking shall be determined by the City based, in whole or in part, by the findings of that shared parking -study. Condition of Project Approval No. 13. General Plan Amendment No. 2004-01, Zone Change No. 2004-02 and Specific Plan No. 2004-01 shall take effect only if Development Agreement No. 2004-01 takes effect. 2 AGREEMENT FOR PAYMENT OF PREPARATION AND PROCESSING COSTS FOR CONDITIONAL USE PERMIT 2005-03 AND DEVELOPMENT REVIEW 2005-16 THIS AGREEMENT is made thiscm iay of June, 2005, by and between the City of Diamond Bar (hereinafter called "CITY") and Target Corporation, (hereinafter called APPLICANT"). 1. Recitals. APPLICANT has requested the CITY approve Conditional Use Permit 2005-03 and Development Review 2005-16 within the CITY. Accordingly, CITY requires activities be performed for and under the direction of CITY but at APPLICANT's expense for consideration in conjunction with the application as is required by the CITY'S Development Code and the state and local regulations promulgated pursuant thereto. 2. Payment. APPLICANT agrees to pay CITY in full for all costs and expenses incurred pursuant to the contract between CITY and consultants as deemed necessaryfor the CITY to complete the necessary evaluations for APPLICANT's project. APPLICANT agrees to pay CITY in full for all CITY personnel (full-time and part-time positions) staff costs incurred in managing the application and contract with any consultant selected by the CITY and other costs related to the processing of the above -referenced applications for development entitlements. APPLICANT shall pay CITY the sum of $54,000.00, which sum represents the CITY's best estimate of APPLICANT's ultimate obligation hereunder. APPLICANT has submitted, concurrently with the application, the sum of $4,000.00 to the CITY and shall fund additional monies as requested herein. APPLICANT shall pay CITY the remaining sum of $50,000.00 in two (2) installments. The following payment schedule will be as follows: Installment No. 1 $25,000.00 prior to June 20, 2005 Installment No. 2 $25,000.00 prior to July 20, 2005 In the event CITY determines the actual expense incurred in processing the application will exceed the deposited amounts, APPLICANT shall pay to CITY upon demand a lump sum in the amount of the estimated cost excess. Work shall be suspended until and unless said payments are made to CITY and in such event, APPLICANT shall be responsible for all costs incurred as a result of the suspension of work. After a final decision is made on the review authority, or prior abandonment by APPLICANT pursuant to Section 3 below, and satisfaction of all liabilities to CITY's consultant and reimbursement of all CITY staff expense, CITY shall refund to APPLICANT any amount of APPLICANT's payments that remain unexpended. 3. Abandonment of Proiect. In the event APPLICANT abandons the project and upon written request from APPLICANT directed to the City Manager of the CITY, the CITY will suspend processing the application activities and avoid further expense. Upon abandonment of APPLICANT and satisfaction of all liabilities to CITY's consultants and reimbursement of all CITY staff expense, CITY shall refund to APPLICANT any amount of APPLICANT's deposited funds, which remain unexpended. 4. Independent Consultants a) During existence of CITY's contract with a Consultant assigned to APPLICANT's project and for a time period of one (1) year from final resolution of APPLICANT's application, neither APPLICANT, nor any of its representatives, agents or other persons acting in concert with APPLICANT will enter into any financial or business 2 relationship with any such Consultant or propose to enter into any future such relationship with any such Consultant. b) APPLICANT hereby acknowledges and agrees as follows: i) CITY has sole discretion to select which of its employees are assigned to work on APPLICANT's application; ii) CITY has sole discretion to determine which persons CITY will hire as employees and contractors to work on the APPLICANT's application. iii) CITY has sole discretion to direct the work and evaluate the performance of the employees and contractors whom the CITY hires to work on APPLICANT's application and CITY retains the right to terminate or replace at anytime any employee or contractor who is assigned to work on APPLICANT's application. iv) CITY has sole discretion to determine the amount of compensation paid to employees or contractors hired by CITY to work on APPLICANT's application. v) CITY, not APPLICANT, shall pay employees and contractors hired or assigned by CITY to work on APPLICANT's application from a CITY account under the exclusive control of CITY. c) CITY and APPLICANT hereby acknowledge and agree that processing of APPLICANT's application is not contingent on the hiring of any specific contractor. d) CITY and APPLICANT hereby acknowledge and agree that the APPLICANT's duty to reimburse the CITY is not contingent upon the CITY's approval or disapproval of the proposed project or upon the result of any action of the CITY. e) Neither APPLICANT nor its officers, employees or agents, shall 3 communicate with the Consultant selected by the CITY during the term of this Agreement without prior authorization from the CITY. 5. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California. 6. Assignment. This Agreement shall not be assigned in whole or in part, without the prior written consent of CITY. 7. Notice. Any notice required to be given to the APPLICANT shall be deemed duly and properly given upon delivery, if sent to APPLICANT postage prepaid to: Target Corporation 1000 Nicollett Mall Suite TPN — 12th Floor Minneapolic, MN 55403 or personally delivered to APPLICANT at such address or other address specified to the CITY in writing by the APPLICANT. Any notice required to be given to the CITY shall be deemed duly and properly given upon delivery, if sent to the CITY postage prepaid to: Linda C. Lowry City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 or personally delivered to CITY at such address. 8. Entire Agreement. This agreement represents the entire integrated agreement between CITY and APPLICANT, and supersedes all prior negotiations, tv 06/01/2005 08:23 909-861-3117 CITY OF DIAMOND BAP, PAGE 08 representations or agreements, either written or oral. Only a written instrument signed by both CITY and APPLICANT may amend this Agreement. 9. Litigation Costs. Should any dispute under this Agreement lead to litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the prosecution of the action. 10. Governing Law. This Agreement shall be governed by the laws of the State of California. 11. Authori . The persons signing this Agreement warrant that each of them has the authority to execute this Agreement on behalf of the party on whose behalf said person is,purporting to execute this Agreement, and that this Agreement is a binding obligation of said parties. EXECUTED on the day and year first above written. CITY" CITY OF DIAMOND BAR ATTEST: CITY CLERK APPLICANT" TARGET CORPORATION By Cf Its VIce President` vracra ir; 5 Order Number: 1775897 (58) Page Number: 1 First American Title Company 520 North Central Avenue Glendale, CA 91203 Walt Mitchell Lewis Development Company 1156 N. MOUNTAIN AVE UPLAND, CA 91786 Phone: Fax: Customer Reference: Tract 62744 Order Number: 1775897 (58) Title Officer: Fernando Alegre Phone: (818) 242-5800 ext 5574 Fax No.: (818) 244-8939 E -Mail: falegre@firstam.com Property: 22324 Golden Springs Drive Diamond Bar, CA PRELIMINARY REPORT In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in Exhibit A attached. Copies of the Policyformsshouldberead. They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may notlistallliens, defects, and encumbrances affecting title to the land. Tb is report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of titleinsuranceandnoliabilityisassumedhereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, aBinderorCommitmentshouldberequested. U r•_: C__' FirstAmerican Title Order Number: 1775897 (58) Page Number: 2 Dated as of March 21, 2005 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: Hidden Manna Corp., a California Corporation dba Calvary Chapel West Covina The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2005-2006, a lien not yet due or payable. 2. General and special taxes and assessments for the fiscal year 2004-2005 First Installment: 8,658.08, PAID Penalty: 865.81 Second Installment: 8,658.07, DUE Penalty: 875.81 Tax Rate Area: 10152 A. P. No.: 8293-045-006 Affects Parcel A) 3. General and special taxes and assessments for the fiscal year 2004-2005 First Installment: 3,506.42, PAID Penalty: 350.64 Second Installment: 3,506.41, DUE Penalty: 360.64 Tax Rate Area: 10037 A. P. No.: 8293-045-007 First American Title Order Number: 1775897 (58) Page Number: 3 Affects a portion of Parcel B) General and special taxes and assessments for the fiscal year 2004-2005. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: Affects a portion of Parcel B) 30,458.90, PAID 3,045.89 30,458.89, DUE 3,055.89 10152 8293-045-008 5. General and special taxes and assessments for the fiscal year 2004-2005. First Installment: 661.50, PAID Penalty: 66.15 Second Installment: 661.49, DUE Penalty: 76.15 Tax Rate Area: 10153 A. P. No.: 8293-045-009 Affects a portion of Parcel B) 6. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 7. Any facts, rights, interests or claims which may exist or arise by reason of a recital on Parcel Map No. 14819 which states that portions of Parcel(s) 1, 3 and 4 are subject to geological hazard. 8. An easement for public utilities and incidental purposes, recorded September 11, 1911 as Instrument No. 135 in Book 4706, Page 125 of Deeds. In Favor of: Southern California Edison Company Affects: A portion of said land described in detail therein 9. An easement for ingress and egress for storm drain and incidental purposes, recorded August 18, 1976 as Instrument No. 2908 in Book D4805, Page 762 of Official Records. In Favor of: The County of Los Angeles Affects: A portion of said land as shown on the parcel map of said land 10. Covenants, conditions, restrictions and easements in the document recorded December 27, 1968 as Instrument No. 1855 in Book M3080, Page 710 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. FirstAmerican Title Order Number: 1775897 (58) Page Number: 4 Document(s) declaring modifications thereof recorded April 30, 1973 as Instrument No. 2550 of Official Records. Document(s) declaring modifications thereof recorded October 15, 1981 as Instrument No. 81- 1019700 of Official Records. 11. Abutter's rights of ingress and egress to or from Golden Springs Drive and Grand Avenue have been dedicated or relinquished on the filed Map. 12. Covenants, conditions, restrictions and easements in the document recorded March 18, 1981 as Instrument No. 81-278445 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 13. Provisions of the dedication statement on the map of Tract: Parcel Map No. 14819 Which recite: "We hereby grant to the County of Los Angeles the right to restrict direct vehicular ingress and egress to Grand Avenue; We hereby dedicate to the County of Los Angeles easements for storm drain ingress and egress and the right to make connections therewith; We hereby dedicate to the County of Los Angeles the right to restrict the erecting of buildings or other structures within those areas designated on the map as restricted use areas". 14. An easement shown or dedicated on the Map as referred to in the legal description For: Storm drain & storm drain ingress and egress and incidental purposes. 15. Covenants, conditions, restrictions and easements in the document recorded March 2, 1983 as Instrument No. 83-237794 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. First American Title Order Number: 1775897 (58) Page Number: 5 16. An easement for underground electrical supply systems and communication systems and incidental purposes, recorded July 22, 1985 as Instrument No. 85-840404 of Official Records. In Favor of: General Telephone Company of California, a corporation Affects: A portion of said land described in detail therein 17. An easement for water pipe lines and utilities and incidental purposes, recorded September 4, 1985 as Instrument No. 85-1023703 of Official Records. In Favor of: Walnut Valley Water District, a public corporation Affects: A portion of said land described in detail therein 18. An easement for underground electrical supply systems and communication systems and incidental purposes, recorded November 13, 1985 as Instrument No. 85-1346160 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: A portion of said land described in detail therein 19. An easement for underground electrical supply systems and communication systems and incidental purposes, recorded August 15, 1986 as Instrument No. 86-1060956 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: A portion of said land described in detail therein 20. Covenants, conditions, restrictions and easements in the document recorded February 24, 1989 as Instrument No. 89-300827 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 21. The fact that the ownership of said land does not include any rights of access, said rights having been relinquished, condemned or reserved in a document Recorded: August 24, 1995 as Instrument No. 95-1383206 From: Portions of Parcel 1 of Parcel Map No. 14819 Said restriction for direct vehicular ingress and egress was accepted by a Resolution of the City Council of the City of Diamond Bar (No. 95-26) on June 12, 1995 as disclosed by and made a part of the instrument shown above. 22. A deed of trust to secure an original indebtedness of $2,800,000.00 recorded June 28, 1991 as Instrument No. 91-993754 of Official Records. Dated: June 1, 1991 Trustor: Hidden Manna Corp., a California Corporation, dba Calvary Chapel West Covina Trustee: Burrow Escrow Co., a California Corporation Beneficiary: Calvary Chapel F Costa Mesa, a California Non -Profit Corporation First American Title Order Number: 1775897 (58) Page Number: 6 Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust. ii. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18500.5 of the California Probate Code in a form satisfactory to the Company 23. A deed of trust to secure an original indebtedness of $3,000,000.00 recorded June 18, 1996 as Instrument No. 96-956111 of Official Records. Dated: June 7, 1996 Trustor: Hidden Manna, a California Non -Profit Corporation Trustee: First Santa Clara Corporation, a California Corporation Beneficiary: Bank of the West, a California Banking Corporation A document entitled "Assignment of all Leases and Rents" recorded June 18, 1996as Instrument No. 96-956112 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust. 24. A deed of trust to secure an original indebtedness of $3,000,000.00 recorded November 30, 1998 as Instrument No. 98-2177664 of Official Records. Dated: November 12, 1998 Trustor: Hidden Manna Corp., a California Non -Profit Corporation Trustee: First Santa Clara Corporation, a California Corporation Beneficiary: Bank of the West, a California Banking Corporation Document(s) declaring modifications thereof recorded February 6, 2002 as Instrument No. 02- 287221 of Official Records. 25. A deed of trust to secure an original indebtedness of $6,000,000.00 recorded October 16, 2003 as Instrument No. 03-3089498 of Official Records. Dated: October 8, 2003 Trustor: Hidden Manna Corp., a California Corporation, dba Calvary Chapel West Covina Trustee: S.B.S. Trust Deed Network, a California Corporation Beneficiary: Christian Community Credit Union, a California Corporation A document entitled "Assignment of Rents" recorded October 16, 2003 as Instrument No. 03- 3089499 of Official Records, as additional security for the payment of the indebtedness secured by the deed of trust. FirstAmerican Title Order Number: 1775897 (58) Page Number: 7 26. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. Prior to the issuance of any policy of title insurance, the Company will require: 27. With respect to Hidden Manna Corp., a corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 28. Full copies of all unrecorded leases affecting the land. First American Title Order Number: 1775897 (58) Page Number: 8 INFORMATIONAL NOTES 1. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Land known as 22324 Golden Springs Drive, Diamond Bar, California. First American Title Order Number: 1775897 (58) Page Number: 9 WIRE INSTRUCTIONS for First American Title Company - Los Angeles, Title Department Los Angeles County, California First American Trust Company Santa Ana Branch 421 North Main Street Santa Ana, California 92701 ABA 122241255 Credit to First American Title Company Los Angeles Account No. 14101 Reference Title Order Number 1775897, and Title Officer Fernando Alegre Funds for other loans being insured by First American Title Company must not be combined into one wire - or funds may be returned. All wires must reference (1) First American Title Company - Los Angeles and (2) our Account Number - or funds may be returned. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FirstAmerican Title Order Number: 1775897 (58) Page Number: 10 LEGAL DESCRIPTION Real property in the City of Diamond Bar, County of Los Angeles, State of California, described as follows: PARCEL A: 8293-045-006 PARCEL 4 OF PARCEL MAP NO. 14819, IN THE CITY OF DIAMOND BAR, AS PER MAP FILED IN BOOK 154, PAGES 27 TO 30 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: 8293-045-007, 8293-045-008 AND 8293-045-009 PARCEL 1 OF PARCEL MAP NO. 14819, IN THE CITY OF DIAMOND BAR, AS PER MAP FILED IN BOOK 154, PAGES 27 TO 30 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND HYDROCARBON SUBSTANCES IN AND UNDER SAID LAND LYING BELOW A DEPTH OF 500 FEET FROM THE SURFACE, WITHOUT HOWEVER, THE RIGHT OF SURFACE ENTRY, AS RESERVED IN A DEED RECORDED MARCH 29, 1968 IN BOOK D3955 PAGE 185 AND RE-RECORDED JUNE 19, 1969 IN BOOK D4407 PAGE 591, BOTH OF OFFICIAL RECORDS. ALL RIGHTS OF SURFACE ENTRY TO A DEPTH OF 500 FEET BELOW THE SURFACE WERE QUITCLAIMED BY A DEED RECORDED OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM THOSE PORTIONS THEREOF CONVEYED TO THE CITY OF DIAMOND BAR BY A DEED RECORDED AUGUST 24, 1995 AS INSTRUMENT NO. 95-138206 OF OFFICIAL RECORDS. First American Title Order Number: 1775897 (58) Page Number: 11 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title Order Number: 1775897 (58) Page Number: 12 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) 1. CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which aria by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notice of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excludingfromcoverageanytakingwhichhasoccurredpriortoDateofPolicywhichwouldbebindingontherightsofapurchaserforvaluewithoutknowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; c) resulting in no loss or damage to the insured claimant; d) attaching or created subsequent to Date of Polity; or e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability orfailureofanysubsequentowneroftheindebtedness, to comply with applicable "doing business" laws of the state in which the land issituated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by theinsuredmortgageandisbaseduponusuryoranyconsumercreditprotectionortruthinlendinglaw. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by their policy or the transaction creatingtheinterestoftheinsuredlender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. 2. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating orprohibitingtheoccupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now orhereaftererectedontheland, or prohibiting a separation in ownership or a reduction in the dimensions of area of the land, or the effect ofanyviolationofanysuchlaw, ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the pudic records atDateofPolicy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant; (b) notknowntotheCompanyandnotshownbythepublicrecordsbutknowntotheinsuredclaimanteitheratDateofPolicyoratthedatesuchclaimantacquiredanestateorinterestinsuredbythispolicyandnotdisclosedinwritingbytheinsuredclaimanttotheCompanypriortothedatesuchinsuredclaimantbecameaninsuredhereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or First American Title Order Number: 1775897 (58) Page Number: 13 created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 3. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY FORM B - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 2 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 4. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE SCHEDULE OF EXCLUSIONS FROM COVERAGE 1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) restricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law ordinance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy or acquired the insured mortgage and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder, (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent insurance is afforded herein as to any statutorylienforlaborormaterialortotheextentinsuranceisaffordedhereinastoassessmentsforstreetimprovementsunderconstructionor completed at Date of Policy). 4. Unenforceability of the lien of the insured mortgage because of failure of the insured at Date of Policy or of any subsequent owner of theindebtednesstocomplywithapplicable "doing business" laws of the state in which the land is situated. S. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1970 WITH REGIONAL EXCEPTIONS When the American Land Title Association Lenders Policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy, the exclusionssetforthinparagraph4aboveareusedandthefollowingexceptionstocoverageappearinthepolicy. SCHEDULE B This policy does not insure against loss or damage by reason of the matters shown in parts one and two following: Part One I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on realpropertyorbythepublicrecords. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said landorbymakinginquiryofpersonsinpossessionthereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, andwhicharenotshownbypublicrecords. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title towater. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the publicrecords. First American Tit/e Order Number: 1775897 (58) Page Number: 14 6. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH A.L.T.A. ENDORSEMENT FORM 1 COVERAGE EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy; b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; b) not known to the Company, not recorded in the public records at Date of Polity, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; c) resulting in no loss or damage to the insured claimant; d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or the extent insurance is afforded herein as to assessments for street improvements under construction or completed at date of policy); or e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable "doing business" laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policytheinsuredhasadvancedorisobligatedtoadvance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: a) to timely record the instrument of transfer; or b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 7. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forthinparagraph6aboveareusedandthefollowingexceptionstocoverageappearinthepolicy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on realpropertyorbythepublicrecords. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of saidlandorbymakinginquiryofpersonsinpossessionthereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, andwhicharenotshownbypublicrecords. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title towater. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the publicrecords. 8. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 First American Title Order Number: 1775897 (58) Page Number: 15 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: a) created, suffered, assumed or agreed to by the insured claimant; b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; c) resulting in no loss or damage to the insured claimant; d) attaching or created subsequent to Date of Policy; or e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: a) to timely record the instrument of transfer; or b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 9. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY - 1992 WITH REGIONAL EXCEPTIONS When the American Land Title Association policy is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 8 above are used and the following exceptions to coverage appear in the policy. SCHEDULE B This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said landorbymakinginquiryofpersonsinpossessionthereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the publicrecords. 10. AMERICAN LAND TITLE ASSOCIATION RESIDENTIAL TITLE INSURANCE POLICY - 1987 EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoningordinancesandalsolawsandregulationsconcerning: land use * land division improvements on the land * environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date. This exclusion does not limit the zoning coverage described in items 12 and 13 of Covered Title Risks. First American Title Order Number: 1775897 (58) Page Number: 16 2. The right to take the land by condemning it, unless: a notice of exercising the right appears in the public records on the Policy Date the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking. 3. Title Risks: that are created, allowed, or agreed to by you that are known to you, but not to us, on the Policy Date - unless they appeared in the public records that result in no loss to you that first affect your title after the Policy Date - this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5. Lack of a right: to any land outside the area specifically described and referred to in Item 3 of Schedule A, or in streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage in Item 5 of Covered Title Risks. 11. EAGLE PROTECTION OWNER'S POLICY CLTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE - 1998 Covered Risks 14 (Subdivision Law Violation). 15 (Building Permit). 16 ("Zoning) and 18 (Encroachment of boundary walls or fences) are subject to Deductible Amounts and Maximum Dollar Limits of Liability EXCLUSIONS In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: a. building b. zoning c. land use d. improvements on the land e. land division f. environmental protection This exclusion does not apply to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This exclusion does not limit the coverage described in Covered Risk 14, 15, 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: a. a notice of exercising the right appears in the Public Records at the Policy Date; or b. the taking happened before the Policy Date and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they appear in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they appear in the Public Records at the Policy Date; c. that result in no loss to You; or d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your Title. 6. Lack of a right: a. to any Land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land. This exclusion does not limit the coverage described in Covered Risk 11 or 18. 12. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees orexpenseswhicharisebyreasonof: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the Land; (iii) a separation in ownership or a change in the dimensions or area of the Land or any parcel of which the Land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the Land has been recorded in the Public Records at Date of Policy. This exclusion First American Title Order Number: 1775897 (58) Page Number: 17 does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the Public Records at Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 12, 13, 14 and 16 of this policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the Public Records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without Knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: a) created, suffered, assumed or agreed to by the Insured Claimant; b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c) resulting in no loss or damage to the Insured Claimant; d) attaching or created subsequent to Date of Policy (this paragraph does not limit the coverage provided under Covered Risks 8, 16, 18, 19, 20, 21, 22, 23, 24, 25 and 26); or e) resulting in loss or damage which would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of the Insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the Land is situated. 5. Invalidity or unenforceability of the lien of the Insured Mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, except as provided in Covered Risk 27, or any consumer credit protection or truth in lending law. 6. Real property taxes or assessments of any governmental authority which become a lien on the Land subsequent to Date of Policy. This exclusion does not limit the coverage provided under Covered Risks 7, 8 (e) and 26. 7. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This exclusion does not limit the coverage provided in Covered Risk 8. 8. Lack of priority of the lien of the Insured Mortgage as to each and every advance made after Date of Policy, and all interest charged thereon, over liens, encumbrances and other matters affecting title, the existence of which are Known to the Insured at: a) The time of the advance; or b) The time a modification is made to the terms of the Insured Mortgage which changes the rate of interest charged, if the rate of interest is greater as a result of the modification than it would have been before the modification. This exclusion does not limit the coverage provided in Covered Risk 8. 9. The failure of the residential structure, or any portion thereof to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This exclusion does not apply to violations of building codes if notice of the violation appears in the Public Records at Date of Policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: NONE. 13. SECOND GENERATION EAGLE LOAN POLICY AMERICAN LAND TITLE ASSOCIATION EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (10/13/01) WITH REGIONAL EXCEPTIONS When the American Land Title Association loan policy with EAGLE Protection Added is used as a Standard Coverage Policy and not as an Extended Coverage Policy the exclusions set forth in paragraph 12 above are used and the following exceptions to coverage appear in the policy. SCHEDULEB This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Part One: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on realpropertyorbythepublicrecords. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said landorbymakinginquiryofpersonsinpossessionthereof. 3. Easements, claims of easement or encumbrances which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, andwhicharenotshownbypublicrecords. 5. Unpatented mining claims; reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights, claims or title towater. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereafter furnished, imposed by law and not shown by the publicrecords. Part Two: First American Title Order Number: 1775897 (58) Page Number: 18 The following existing statutes, reference to which are made part of the ALTA 8.1 Environmental Protection Lien Endorsement incorporated into this Policy following item 28 of Covered Risks: None. First American Title You may be entitled to receive a $20.00 discount on escrow services if you purchased, sold or refinanced residential property in California between May 19, 1995 and October 8, 2002. If you had more than one qualifying transaction, you may be entitled to multiple discounts. If your previous transaction involved the same property that is the subject of this Preliminary Report, you do not have to do anything; First American will provide the discount. If your previous transaction involved property different from the property that is the subject of your current transaction, you must inform First American of the earlier transaction, provide the address of the property involved in the previous transaction, and the date or approximate date that the escrow closed to be eligible for the discount. Unless you inform First American of the prior transaction on a property that is not the subject of this transaction, First American has no obligation to conduct an investigation to determine if you qualify for a discount. If you provide First American information concerning a prior transaction, First American is required to determine if you qualify for a discount." Escrow Services" shall be defined as either title premium or escrow fee payable by you in connection with this transaction. In the event you are entitled to a credit but are not responsible for paying either a title premium or an escrow fee at the close of this transaction, then no credit can be given. First American Title PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information — particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of yourpersonalinformation. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we mayuseinformationwehaveobtainedfromanyothersource, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair.Information Values, a copy of which can be found on our website at www.firstam.com. 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Such information may be used for any internal purpose, such as qualitycontroleffortsorcustomeranalysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property andcasualtyinsurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisalcompanies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to otherfinancialinstitutionswithwhomweorouraffiliatedcompanieshavejointmarketingagreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products orservicestoyou. We will use our best efforts to train and oversee our employees and agents to ensure that your information wi II behandledresponsiblyandinaccordancewiththisPrivacyPolicyandFirstAmerican's Fair Information Values. We currently maintainphysical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. 2001 The First American Corporation • All Rights Reserved Lawson & Associates Geotechnical Consulting, Inc. May 18, 2005 Project No.: 041069-02 Mr. Darren McCleve Lewis Operating Corp. 1156 North Mountain Ave. Upland, CA 91785 Sub' sect: Response to Geotechnical Review Sheet by Kleinfelder, Inc., dated March 18, 2005, Pertaining to LGC's Report Regarding Geotechnical Evaluation, Proposed Residential Development, Parcels 2 and 3 of Parcel Map 14819, City of Diamond Bar, California Reference: Lawson & Associates Geotechnical Consulting, Inc., 2005, Geotechnical Evaluation, Proposed Residential Development, Parcels 2 and 3 of Parcel Map 14819, City of DiamondBar, California, Project No. 041069-02, dated January 19, 2005. Introduction In accordance with your request, Lawson and Associates Geotechnical Consulting, Inc. (LGC) has preparedthisresponse -report to address the review comments issued by the City of Diamond Bar's geotechnical1reviewer (Kleinfelder, Inc.) in their Geotechnical Review Sheet dated March 18, 2005, regarding the abovereferencedreport (LGC, 2005). Based upon the comments made by Kleinfelder, we supplemented our previous geotechnical work by drilling, sampling, and logging three additional bucket auger borings andthreehollowstemaugerboringstofurtherevaluatethenatureofthesubsurfacesoilandgeologiccharacteristicsofthesite. We also performed additional detailed geologic mapping of the slope and canyon areas above the site and updated our slope stability analysis. A brief summary of recent field investigation, followed by our itemized responses to the City review comments, is provided herein. Supplemental Subsurface Work Our additional subsurface exploration was conducted on April 81', 15th, and 27th, 2005, and inclUded the= excavation, logging, and sampling of three large -diameter bucket auger borings (LGC-B-7 through LSC -B,=9)=._ to depths of approximately 31 to 51 feet below the ground surface, and three hollow stem auger borings'ao ::; depths of approximately 16.5 to 71 feet below the ground surface. The approximate locations of our Fecent aril=:: previous borings are illustrated on Plate 1 (geotechnical map). W` The purpose of the large diameter borings was to obtain more geologic data in the vicinity of t~lie natural' ridge and slopes represented by Cross -Sections I -I' and J -J'. The hollow stem auger borings Qe drilledthroughthedeeperfillareastosupplementprevioussubsurfaceworkbyothers, and to confirm the deptiftobedrockinthevicinityofCrossSectionD -D'. In addition, the borings were drilled to obtain samples forfurtherlaboratorytestingandevaluation. The earth materials observed were visually classified in the field. 1319 Calle Avanzado • San Clemente • CA 92673-6351 • 949.369.6141 • Fax: 949.369.6142 - www.lgcgeo.com Samples collected were transported to our office for selected laboratory testing. Data obtained from the borings indicated that site fills are primarily medium -dense to dense (based on blow counts), and are comprised of predominately silty sands and clayey sands. The boring logs are provided in Appendix B. Laboratory testing was performed on representative bulk and driven samples to evaluate the in-situ dry density and moisture content, laboratory compaction (maximum dry density and optimum moisture content), direct shear, and consolidation. Consolidation testing was performed on four samples obtained from our recent investigation and indicated relatively low compressibility. Laboratory test results are presented in Appendix C, attached to the end of this response. Earth materials encountered during our recent subsurface exploration consist of fill, colluvium, weathered bedrock, and Puente Formation sedimentary bedrock in the large diameter borings, and fill and Puente Formation sedimentary bedrock in the hollow stem auger borings. The fill materials observed within the relatively level pad area of the site generally consist of silty sand and clayey sand with various amounts of sedimentary bedrock fragments. Colluvial materials observed on the natural slope (LGC-B-9, vicinity of Cross Sections I -I' and J -J') generally consist of sandy materials and extend to a depth of approximately 9 feet where encountered. The bedrock encountered in the recent borings consists of interbedded sandstone and sandy siltstone that is similar to the bedrock types previously encountered across the site. The siltstone is generally thinly bedded and the sandstone is thickly bedded to massive. Bedding planes observed in borings LGC-B-7, LGC-B-B, and LGC-B-9 are sub -horizontal to very gently north/northeast-dipping. Detailed descriptions of the subsurface soil and geologic conditions are presented on the boring logs attached to this response in Appendix B, and illustrated on Cross Sections I -I' and J -P. Groundwater was not encountered in the borings and surface water was not observed flowing along the canyon bottom areas of the site at the time of our exploration. The geologic information obtained from our recent exploration was transferred to pertinent cross-sections and updated slope stability analysis was performed. Slope stability analysis indicated adequate static and pseudo -static factors of safety. Slope stability analysis is presented in Appendix D. Responses to Citv Review Comments For convenience and ease of reference, the review comments have been repeated and precede our responses. A copy of the review sheet prepared by Kleinfelder is provided in Appendix A. Comment No. I Please clearly indicate if the site will be connected to a sewer or utilize an on-site septic disposal system. If an onsite system is planned please provide the results of the percolation test." Response to Comment No 1 Future site improvements will connect to the public sewerage system. On site disposal systems are not planned. Project No. 041069-02 Page 2 May 18, 2005 Comment No. 2 Cross -Sections D -D' and E -E' utilize geologic data from MAWA Boring 13 projected along topographic contours to the respective cross-sections. Would the cross-sections differ if the geologic data were projected along strike of bedding into respective cross-sections? Please construct a geologic cross-section perpendicular to D -D' and passing through B-13 southward." Response to Comment No. 2 Projection of the geologic structure along strike, versus along contour, does not significantly change the illustrated subsurface conditions shown on Cross -Sections D -D' and E -E'. As requested, Cross -Section EE - EE' (Plate 6A) was constructed through MAWA B-13, perpendicular to Cross -Section D -D'. The geologic structure shown on these three sections clearly indicates that the local geology dips favorably into the ridge. The geologic structure is also favorable with respect to the ridge flank slopes. Comment No. 3 Geologic Cross -Section F -F' illustrates Af at the base of the natural slope in the area of construction. Leighton boring B-4 indicates the presence of alluvium beneath the fill. Please extend Cross -Section E -E' to Leighton boring B-4 to illustrate the relation between the fill and buried alluvium." Response to Comment No. 3 As requested, Cross -Section E -E' has been revised. The interpreted subsurface conditions are based upon information from Leighton & Associates (Leighton) boring B-4 and the pre -grading topographic expressions illustrated on the Geologic Map prepared by H.V. Lawmaster & Co. dated August 20, 1979. A copy of the H.V. Lawmaster map and report is retained in our files and is available for review upon request. Comment No. 4 Geologic Cross -Section I -I' illustrates out of slope bedding. The stability section illustrates a circular failure mode utilizing strengths across bedding. Is the circular failure analysis justified, please explain?" Response to Comment No. 4 The results of our recent subsurface work indicates that the local geologic structure is generally favorable with respect to westerly facing slopes, such as the one illustrated by Cross -Sections I -I'. Although some westerly dipping bedding planes were observed below the toe of slope, the over-all geology is dipping very gently toward the north/northeast. In addition, the bedrock observed at depth is hard and indurated, and the bedding observed is undulating rather than planar. Therefore, significant out of slope bedding conditions are not present and the circular failure mode analysis utilizing cross bedding strengths are appropriate for the site geologic conditions. However, to address the reviewer's comment, we performed additional analysis for planar failures along bedding. The results indicate adequate static and pseudo -static factors of safety, aspresentedinAppendixD. I Project No. 041069-02 Page 3 May 18, 2005 Comment No. S Geologic Cross -Section J -J' bedding representation does not match the bedding portrayal on the corresponding stability section. Please explain. The stability section analyzed is more conservative that the geologic section, which is OK. Show results as reanalyzed." Response to Comment No. 5 An overly conservative approach was originally taken due to a relative lack of geologic data along Cross - Section J -J' (LGC, 2005). The results of our recent exploration indicate a more favorable (flatter) geologic condition. Revisions have been made to Cross -Section J -J' and our stability analysis has been re-evaluated indicating adequate static and pseudo -static factors of safety. Refer to the Geotechnical Map (Plate 1) and Cross -Section J -J' (Plate 11) for the approximate buttress fill dimensions. Comment No. 6 Please present the referenced data for the shear strength parameters used for fill." Response to Comment No. 6 The previous shear strength value (friction angle = 27 degrees and cohesion = 300 psf) for compacted artificial fill was obtained from the approximate average of three remolded shear tests performed by Medall, Aragaon, Worswick & Associates in 1980 (Medall, et al, 1980a). The report does not provide the test plots and other related relevant information to the performed tests. From our recent investigation, selected samples were remolded to 90 percent relative compaction and direct shear tests were performed for various normal loads and shear rates depending on the soil type. Results of the tests on a composite plot indicated a peak friction angle of 35.0 degrees and cohesion of 375 psf, and at 1/4 -inch deformation a friction angle of 34.7 degrees and a cohesion of 190 psf. Based on our recent laboratory testing, the static design shear strength of the fill in our slope stability analysis was updated to a friction angle of 32 degrees and cohesion of 190 psf. 0 A summary of the laboratory data is presented in Appendix C Comment No. 7 Please further explain how you arrived at the strength parameters for across bedding conditions. The laboratory data indicate fast shear and some slower shear tests. How is that data considered and utilized? How do the parameters selected compare with the standard of practice for this formation?" Response to Comment No. 7 The shear rate for the direct shear tests was based on the soil type. Tests were performed slower for the fine- grained siltstone samples in order to obtain drained shear strength parameters. Due to the nature of the geology (interbedded sedimentary bedrock), it is not practical to separate sandstone from siltstone zones on cross sections for slope stability analysis. Therefore, a composite plot of site bedrock samples including both sandstone and siltstone was plotted on one graph and a single shear strength value was assigned for bedrock. The shear strength parameters selected for bedrock (friction angle of 33 degrees and cohesion of 830 psf) is Project No. 041069-02 Page 4 May 18, 2005 in our opinion within an acceptable laboratory test results. This value is geologic conditions in the site vicinity. Comment No. 8 range for this formation, based upon our field observations and similar to strength parameters used by other consultants for similar Please discuss the basis for shear strength parameters selected for along bedding conditions." Response to Comment No. 8 The value selected for along bedding (friction angle of 18 degrees and cohesion of 200 psf) is a typical value that we have used to model undisturbed silt (non -clay) bedding planes within formational bedrock material. Due to the thinly bedded/laminated and interbedded (with sand) nature of the silt beds encountered, an adequate amount of in-situ sample along bedding could not be obtained for laboratory testing. Therefore, the value used for undisturbed silt beds is based primarily on engineering judgment, and is in our opinion conservative, thereby resulting in conservative slope stability factors of safety. Comment No. 9 Following the same parameters and method of analysis as presented, a cursory slope stability analysis of Section C -C' using across bedding and along bedding strengths for wedge plane indicated safety factors less than 1.5 for static conditions. Please provide analyses with wedge failures along bedding for sections B and C." Response to Comment No. 9 Geologic units encountered in LGC-B-2 (vicinity of Sections B and C) include hard sandstone and indurated siltstone. The geologic structure consistently dips into the slope at inclinations of 10 to 20 degrees, and sometimes steeper. Furthermore, bedding observed across the site is often undulating and not planar. In addition, significant joint or fracture orientations (out of slope) were not observed. Therefore, the rotational L' failure mode analysis utilizing across bedding strengths is appropriate for Cross -Sections B -B, and C -C' considering site geologic conditions. rComment No. 10 In your oversize rock disposal detail, please indicate the maximum length and width of windrows and the soil classification (USCS or ASTM) of the materials that will be approved for jetting or flooding over the oversize material" Response to Comment No. 10 Limited amounts of oversize material (greater than 8 -inches in maximum dimension) may be generated from excavations into the ascending slopes. The use of windrows is not anticipated due to the limited nature of grading for site preparation. We recommend that oversize rocks either be crushed or disposed of off site. This recommendation will be repeated upon review of the grading plan. I Project No. 041069-02 Page 5 May 18, 2005 I Comment No. 11 Leighton boring B-4 indicates eight feet of slightly moist, loose to medium dense alluvium beneath 55 feet of fill. Do the properties of the alluvium indicate potential for hydroconsolidation if the alluvium becomes wetted? What implications does this have on your settlement calculations for the site?" Response to Comment No. 11 Given that any remnant alluvial materials below the site have been subject to approximately 20 years of long-term consolidated from compacted fill over -burden, it is our opinion that the potential for additional hydroconsolidation is very low, provided that the proposed grading does not include any significant changes to the existing pad elevation. Therefore, the estimated settlement in LGC, 2005 remains valid based on our current understanding of the proposed development. Refer to our response to Comment No. 12 regarding the lateral extent of alluvium. Comment No. 12 Your report states on page 3 that `quantities of alluvium were left mostly in-place along canyon bottoms.' How widely distributed is the alluvium? Have you included the alluvium in your settlement estimates for the site?" Response to Comment No. 12 LGC did not encounter alluvial materials in LGC-HS-1 and LGC-HS-2, which were purposefully drilled along former canyon axes. In addition, Leighton only reported remnant alluvium within boring B-4. Therefore, we conclude that remnant alluvial materials below the site are isolated to the former canyon axis areas and are not widely distributed below the site. The approximate limits of alluvium mapped by H.V. Lawmaster (1979) prior to site grading have been transferred to the Geotechnical Map. The mapped limits have been modified to reflect the results of Leighton's and our subsurface exploration. Our previous settlement estimates are based upon the assumption that the remnant alluvium is confined to the former canyon axis areas, which comprise a relatively minor portion of the site. Furthermore, our settlement estimation considers that the remnant alluvial materials present at depth have been subject to 20 years of long-term consolidation. Comment No. 13 The current consultant shall indicate that the existing fills and underlying alluvium are acceptable to remain and support the proposed development, or recommend complete removal of the existing fill and replacement with properly compacted engineered fill." Response to Comment No. 13 Based upon our review of the geotechnical data prepared during original site development, and the results of our subsurface exploration (boring logs/blow count data) and laboratory testing, it is our professional opinion that the existing fill materials below the site are suitable for support of the proposed residential development and may remain in place provided that our recommendations are implemented during construction. I Project No. 041069-02 Page 6 May 18, 2005 Comment No. 14 What are the criteria for recommended embedment of the retaining wall foundations? Please further discuss the wall support at the top of slope." Response to Comment No. 14 The retaining wall locations illustrated on the geotechnical map and cross-sections are conceptual. We anticipate that retaining walls located at the base of ascending slopes will be supported on conventional footings. Retaining walls located along the top of slopes will be supported on deepened foundations to satisfy code setback requirements. Additional geotechnical analyses will be performed once the grading plans have been finalized and presented to LGC for review. LGC will provide recommendations for top -of -slope retaining walls in our geotechnical grading plan review report. Comment No. 15 It appears that no exploration was conducted in the central part of the site that is proposed for development. Please provide suitable subsurface exploration of this area to characterize the conditions that exist there." Response to Comment No. 15 Leighton previously drilled and logged two borings through the central portion of the site (B-1 and B-4). In addition, during our recent investigation three additional hollow -stem borings (LGC-HS-1, LGC-HS-2, and LGC-HS-3) were drilled, logged, and sampled to supplement the data obtained by Leighton. The results of our exploration are discussed at the beginning of this response letter. Comment No. 16 Please provide surficial stability analysis for the natural slope, descending to the site. The strength parameters should be those for weathered surface materials. What is the expected depth of potential slumpfailure?" Response to Comment No. 16 It is our opinion that there is not sufficient understanding within the geotechnical industry, of the relationship between weathered surface materials and vegetation, to provide traditional surficial stability analysis for natural slopes. Based upon our site observations, natural slopes within the subject study area performed well during the recent rainy season, with no significant debris impacting the graded pad. This observation is a reasonable indication of future natural slope performance. However, several small and isolated surficial slump failures were observed on the natural slopes (see Plate 1). Depths of the isolated surficial slump failures were generally less than 4 feet. Geotechnical recommendations for debris catchment basins, freeboard above the top of retaining walls, and building setback from toe -of -slope will be provided in our upcoming Geotechnical grading plan review report based on the proposed grading plan. Project No. 041069-02 Page 7 May 18, 2005 11 I Comment No. 17 Have the detention basins been designed to accept slump failures and still perform as water retention structures?" Response to Comment No. 17 Significant amounts of surficially eroded material are not anticipated to be deposited into the basins. However, LGC recommends that the debris basins be monitored and cleared of any loose or accumulated debris on a routine basis, especially prior to and during the rainy season. If you should have any questions regarding the content of this response, please do not hesitate to contact our office. Respectfully, LAWSON & ASSOCIATES GEOTECHNICAL CONSULTING, INC. t tira GanrNo. 22 t/)J GE a Geoffrey DItokes, CEG 22661 O E nCERTIIO . Brad Zellmer, 2618 Project Geologist ENGINEERING Associate Engineer GEOLa I GDS/BTZ/TJL/sec EXP Attachments: Appendix A — Review Sheet by Kleinfelder, Inc., dated March 18, 2005 Appendix B — Boring Logs Appendix C — Laboratory Test Results Appendix D — Slope Stability Analyses Plate 1 — Geotechnical Map (In Pocket) Plates 3, 4, 5, 6, 6A, 10, and 11 — Geotechnical Cross -Sections (Rear of Report) Distribution: (3) Addressee (wet -signed copies) 2) Brookfield Homes Attention: Mr. John O'Brien 2) Kleinfelder, Inc. Attention: Mr. Doug Cook (wet -signed copies) 2) City of Diamond Bar Attention: Ms. Kimberly Molina (wet -signed copies) 1) Hunsaker & Associates, Inc. Attention: Mr. Fred Graylee Project No. 041069-02 Page 8 No. 2618 EXP. 12/31/06 May 18, 2005 Appendix A Review Sheet by Kleinfelder, Inc., Dated March 18, 2005 Mar 22 05 10:41a City of Diamond Bar 909-396-7486 p.2 CYEOTECffNICAL 12>VZEW SHEET w 5 l t CITY r; KLEINFELDLR, INC. PREPARED FOR CITY OF DIAMOND BAR an BAR 2.2 DEPARTMENT OF PUBLIC WORKS Lot &. Tract(s): TT 62482, Lots 1 and 2 Date: _March 18 2005 Parent Tract: Owner,; Brookfield Hones Site Address: West Side of Grand Avenue Diamond Bar CA Geologist: Geoffrey Daniel Stokes (Stokes CEG 2266) Developer: Lewis Operating Corn_ Soils Engineer: Lawson & Associates Geotechnical ConsultingLawson GE 2626) Civil Engineer/Arch.: flunsaker and Associates REVIEW OF: "Geotechnical Evaluation, Proposed Residential Development, Parcels 2 and 3 of Parcel Map 14819, City of Diamond Bar, California" dated January 19, 2005, byLawson & Associates Geotechnical Consulting, Project No. 041069-02. Grading P.C. No,: Geologist Report(s) Dated: Soils Repori(s) Dated: Geology and Soils Report(s) Dated: Jan uary 19 2005 Previous Submittals Dated: Previous Reviews Dated: Other: ACTION: Plan/Report is geotechnically approved AlanlReport is geotechnieally recommended for approval subject to conditions below_ COMMENTS: Platl/Report NOT A -P 'ROVED for comments below. Please include a copy of this Review Sheet in the response submittal. 1. please clearly indicate if the site will be connected to a sewer or utilize an onsite septic disposal system. if an onsite system is planned please provide the results of the percolation tests. 2, Cross Sections D -D' and E -E' utilize geologic data from MAWA Boring B-13 projected along topographic contours to the respective cross sections. Would the cross sections differ if the geologic data were projected along strike of bedding into respective cross sections? Please construct a geologic cross section perpendicular to D -D' and passing through B-13 southward. 3. Geologic Cross section F -F' illustrates Af at the base Of the natural slope in the area of construction. Leighton boring 8-4 indicates the presence of alluvium beneath the fill. Please extend Cross Section E -E' to Leighton boring B-4 to illustrate the relation between the fill and the buried alluvium. Vol11L1sers\oCOoK\Diamond Ear ReviewslD$64 Parcels 2 M4 3 Of Parcel Map 14819 A,Aoc Marc2RIiiQELDER1370V,)Hey Vista Drive. Suite "150, Diarrlom:l B,1r, CA 91765-3910 (9091396-0335 h 1818,005h ,2 005 24 fax Mar 22 05 10:41a I I City of Diamond Bar 909-396-74BG p.3 GEOTECHNICAL REVIEW SHEET KLEINFELDER., INC. PREPARED FOR CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS 4. Geologic Cross Section I -I' illustrates out of slope bedding. The stability section illustrates a circular failure mode utilizing strengths across bedding. Is the circular failure analysis justified, please explain? 5. Geologic Cross Section J -J' bedding representation does not match the bedding portrayal on the corresponding stability section. Please explain. The stability section analyzed is more conservative than the geologic cross section, which is OK. Show results as reanalyzed. 6. Please present the referenced data for the shear strength parameters used for the fill. 7. Please further explain how you arrived at the strength parameters for across bedding conditions. The laboratory data indicate fast shear and some slower shear tests. How is that data considered and utilized? Flow do the parameters selected compare with the standard of practice for this formation? 8. Please discuss the basis for the shear strength parameters selected for along bedding conditions. 9. Following the same parameters and method of analysis as presented, a cursory slope stability analysis of Section C -C' using across and along bedding strengths for wedge plane indicated safety factors less than 1.5 for static conditions. Please provide analyses with wedge failures along bedding for both sections B and C. 10. in your oversize rock disposal detail, please indicate the maximum length and width of windrows and the soil classification (USC or ASTM) of the materials that will be approved for jetting or flooding over the oversize material. 11. Leighton boring B4 indicates eight feet of slightly moist, Ioose to medium dense alluvium beneath 55 feet of fill. Do the properties of the alluvium indicate potential for hydro consolidation if the alluvium becomes wetted? Wbat implications does this have on your settlement calculations for the site? r12. Your report states on page 3 that "...quantities of alluvium were teff mostly in-place along the. canyon bottoms." How widely distributed is the alluvium? Have you included the alluvium in your settlement estimates for the site? 13. The current consultant shall indicate that the existing fills and underlying alluvium are acceptable to remain and support the proposed development, or recommend complete removal. of the existing fill and replacement with properly compacted engineered fill. 14. What are the criteria for recommended embedment of the retaining wall foundations? Please further discuss the wall support at rhe top of the slope. 10.58.1-1\VoliAhersTQC00K\Diamond Bar Rcvicws0B64 Parcels 2 AW 3 Of parcel map 14819 A.Docgai,3449f.DGR 1370 Valley Vista Drive, Suite 150, Diamond bar, C5 97765-3910 (9091 3%-0335 March 18, 2005 909) 396-1324 fax I Mar 22 05 10:41a kl i , I I I City of Diamond Bar 909-396-7486 p.4 GEOTECHNICAL REVIEW SHEET KLEINFELDER, INC. PREPARED FOR CITY OF DIAMOND BAR DEPARTMENT OF PUBLIC WORKS 15. It appdars that no exploration was conducted in the central part of the site that is proposed for development- Please provide suitable subsurface exploration of this area to characterize the conditions that exist there. 16. Please provide surficial stability analysis for the natural slope, descending to the site. The strength parameters should be those for weathered surface materials- What is the expected depth of potential slump failures? 17.14ave the detention basins been designed to accept slump failures and still perform as water retention Structures? Reviewed by Date; 3 12,`- racqu oy, GB 207 l Date,16r 47 Paul D. Ouptill, CE I 1 10.58,1.1\Voll\Users\POCOOK\lli=ond Sar FnvleWs\DB64 Parcels 2 Ang 3 Of Parcci Map 14819 A.Doc Murch 18, 2005 0r4, 9[JLDER 1370 Vallev Vista Drive, Suite 150, Di; -mond Bar, CA 91765-3910 (909) 396-0335 (909) 396-1324 fax Mar 22 05 10:40a City oP Diamond Bar 909-396-7486 DATE: 22 -Mar -05 TO: NAME: AGENCY: FROM: 21825 EAST COPLEY DRIVE DIAMOND BAR, CA 91765-4177 909-839-7040 FAX 909-861-3117 FAX COVER SHEET Geoffrey Stokes TELEPHONE: FAX NO: 949-3 NUMBER OF PAGES: 4 Including Fax Cover Sheet NAME: Kimberly Molina Assistant Engineer City of Diamond Bar, Public Works Division TELEPHONE: 909-839-7044 FAX NO.: 909-861-3117 MESSAGE/COMMENTS: Please respond to all comments. Additionally, please note that all submittals shall be submitteddirectlytoCityHall. A copy of these comments are being sent to John O'Brien. Should you have any questions, please do not hesitate to contact me at 909-839-7044. Than P.1 Appendix B Borings Logs I APPENDIX C Laboratory Testing- Procedures and Test Results The laboratory test program was formulated towards providing quantitative data relating to the relevant engineering properties of the anticipated site soil conditions. Samples considered representative of site conditions were tested in general accordance with American Society for Testing and Materials (ASTM) procedure and/or California Test Methods (CTM), where applicable. The following summary is a brief outline of the test type and a table summarizing the test results. Moisture and Density Determination Tests: Moisture content (ASTM D2216) and dry density determinations (ASTM D2937) were performed on relatively undisturbed samples obtained from the test borings and test pits. The results of these tests are presented in the boring and test pit logs. Where applicable, only moisture content was determined from undisturbed or disturbed samples. Expansion Index: The expansion potential of selected samples were evaluated by the Expansion Index Test, U.B.C. Standard No. 18-2 and/or ASTM D4829. Specimens are molded under a given compactive energy to approximately the optimum moisture content and approximately 50 percent saturation. The prepared 1 -inch -thick by 4 -inch -diameter specimens are loaded to an equivalent 144 psf surcharge and are inundated with tap water until volumetric equilibrium is reached. The results of these tests are presented in the table below: Grain Size Distribution: Representative samples were dried, weighed, and soaked in water until individual soil particles were separated (per ASTM D421) and then washed on a No. 200 sieve. Where appropriate a hydrometer analysis was done to determine the distribution of soil particles passing the No. 200 sieve. Direct Shear: Direct shear tests were performed on selected samples, which were soaked for a minimum of 24 hours under a surcharge equal to the applied normal force during testing. The samples were tested under various normal loads, a motor -driven, strain -controlled, direct -shear testing apparatus. The test plots are provided in this Appendix. Maximum Densi . Tests: The maximum dry density and optimum moisture content of typical materials were determined in accordance with ASTM D1557. The results of these tests are presented in the table below: Sample Location Sample Description Maximum Dry Density (Pcf) Optimum Moisture Content LGC-HS-01 @ 2.0'-6.0' Silty Sand with Clay 117.5 17.5 LGC-HS-02 @ 2.0'-6.0 Silty Sand with Clay 122.5 11.0 LGC-B-07 @ 3.0'-7.0' Slightly Clayey Silty Sand 121.0 12.0 LGC-B-08 @ 5.0'-6.0' Slightly Clayey Silty Sand 118.0 13.0 1 Project No. 041069-02 May 16, 2005 I I APPENDIX C Laboratory Testing Procedures and Test Results (Cont'd) Consolidation: Consolidation tests were performed on selected, relatively undisturbed ring samples Modified ASTM Test Method D2435). Samples (2.42 inches in diameter and 1 inch in height) were placed in a consolidometer and increasing loads were applied. The samples were allowed to consolidate under double drainage" and total deformation for each loading step was recorded. The percent consolidation for each load step was recorded as the ratio of the amount of vertical compression to the original sample height. The consolidation curves are presented in this Appendix. I I I Project No. 041069-02 May 16, 2005 Geotechnical Boring Log Borehole LGC-HS-1 Date: 4/15/05 Company: Cal Pac Project Name: Lewis Diamond Bar Drilling Type of Rig: Mobile B-61 Project Number: 041069-02 Drop: 30" Auto Trip Hammer Hole Diameter: 8" Elevation of Top of Hole: 832' MSL Drive Weight: 140 pounds Hole Location: See Geotechnical Map Page: 1 of 3 4-- Logged By: GDS O a a Q Sampled By: GDS O 3C o C O J V Z O O Cn C N Q U 3 a U a W io m o DESCRIPTION 832' p Compacted Fill (Afl 0-60' DSB-1 @ MD 2-6' EI 827'S R-1 9 108.4 18.6 SC/SM Clayey SAND and Silty SAND; brown and grey brown, CN 13 moist, medium dense; scattered siltstone and sandstone 19 rock fragments 822' 10 R-2 9 105.0 19.0 SM Silty SAND; brown and orange brown, moist, medium 17 dense 24 817' 15 R-3 10 110.0 15.4 SC/SM Clayey SAND and Silty SAND; brown and grey brown, CN 12 moist, medium dense, scattered sandstone rock 28 fragments 812' 20 R-4 25 119.6 10.3 SC Clayey SAND; brown and grey brown and orange, moist, 50 very dense; scattered siltstone rock fragmentsfor5" 807' 25 R-5 12 119.9 6.1 SM Silty SAND; yellow-brown, moist, medium dense; 19 medium grained sand 23 802'-130 LAWSON AND ASSOCIATES THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF SAMPLE TYPES: TEST TYPES: B BULK SAMPLEGEOTECHNICALCONSULTING, INC. DRILLING. SUBSURFACE CONDITIONS MAY DS DIRECT SHEAR R RING SAMPLE MD MAXIMUM DENSITY DIFFER AT OTHER LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE G GRAB SAMPLE SA SIEVE ANALYSIS SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS TEST SAMPLE EI EXPANSION INDEX CN LIDATIONCONSRRO ENCOUNTERED. CR COOSION AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R -VALUE Geotechnical Boring Log Borehole LGC-HS-1 Date: 4/15/05 Drilling Company: Cal Pac Project Name: Lewis Diamond Bar Type of Rig: Mobile B-61 Project Number: 041069-02 Drop: 30" Auto Trip Hammer Hole Diameter: 8" Elevation of Top of Hole: 832' MSL Drive Weight: 140 pounds Hole Location: See Geotechnical Map Page: 2 of 3 Logged By: GDS N U QQ - o Sampled By: GDS o Z3 c o E NC O J U Z O 3A O a Q U p cn ICU E 0 CL w o D U) m o 2 DESCRIPTION 802' 30 R-6 17 23 116.4 6.4 SM Silty SAND; yellow brown, moist, medium dense; 29 medium grained sand 797' 35 SPT -1 9 SM Silty SAND; medium brown, grey brown, orange brown, SA 10 moist, medium dense; trace clay 13 792' 40 R-7 16 113.0 9.1 SM Silty SAND; brown and grey brown, moist, medium 23 dense; 25 787' 45 SPT -2 8 SM Silty SAND; grey brown and orange brown, moist, SA 15 dense, contains scattered sandstone and siltstone rock 17 fragments 782' 50 R-8 18 117.0 8.7 SM Silty SAND; brown and orange brown, moist, dense; 29 scattered siltstone rock fragments 37 778' 55 SPT -3 14 SM Silty SAND; grey brown and orange brown, moist, dense; SA17finetomediumgrained; scattered siltstone rock fragments 21 772' 60 LAWSON AND ASSOCIATES THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF SAMPLE TYPES: TEST TYPES: B BULK SAMPLE GEOTECHNICAL CONSULTING, INC. DRILLING. SUBSURFACE CONDITIONS MAY DS DIRECT SHEAR R RING SAMPLE MD MAXIMUM DENSITY DIFFER AT OTHER LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE G GRAB SAMPLE SA SIEVE ANALYSIS SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS TEST SAMPLE EI EXPANSION INDEX CN CONSOLIDATIONMRVENCOUNTERED. CR CORROSION AL ATTERBERG LIMITS CO COLLAPSE/SWELL R -VALUE Geotechnical Boring Log Borehole LGC-HS-1 Date: 4/15/05 DrillingCompany: Cal Pac Project Name: Lewis Diamond Bar Type of Rig: Mobile B-61 Project Number: 041069-02 Drop: 30" Auto Trip Hammer Hole Diameter: 8" Elevation of Top of Hole: 832' MSL Drive Weight: 140 pounds Hole Location: See Geotechnical Map Page: 3 of 3 Logged By: GDS Sampled By: GDS O o E O J Z O O in C a) N Cn CU M Q V Q- C/)OC w m E Ln U CU o c0 m o 22 DESCRIPTION 772' 60 R -g50047 107.8 9.5 Bedrock Puente Formation for 2" SAN DSTONE;Yellow-brown, moist, hard; slightly cemented; medium grained; massive; 767' 65 R-10 39 108.6 7.1 Yellow and orange with grey siltstone interbed 50 for 4" Total depth: 66.5' No ground water Backfilled with cuttings 762' 70 Fill to 60' 757' 75- 752'— 80 747' 85 742' 90 LAWSON AND ASSOCIATES THISSUMMARYAPPLIES ONLY ATTHE LOCATION OF THIS BORING AND AT THE TIME OF SAMPLE TYPES: TEST TYPES: B BULK SAMPLE GEOTECHNICAL CONSULTING, INC. DRILLING. SUBSURFACE CONDITIONS MAY DS DIRECT SHEAR R RING SAMPLE MD MAXIMUM DENSITY III DIFFER AT OTHER LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE G GRAB SAMPLE SA SIEVE ANALYSIS SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS TEST SAMPLE EI EXPANSION INDEX CN CONSOLIDATION ENCOUNTERED. CR CORROSION AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R -VALUE vemecnnical tsoring Log tsorenole TUU -h5-1 Date: 4/15/05 Drilling Company: Cal Pac Project Name: Lewis Diamond Bar Type of Rig: Mobile B-61 Project Number: 041069-02 Drop: 30" Auto Trip Hammer Hole Diameter: 8" Elevation of Top of Hole: 842' MSL Drive Weight: 140 pounds Hole Location: See Geotechnical Map Page: 1 of 3 Logged By: GDS O Q E U 0 Sampled By: GDS OCn o O U N O C/) c Q Q o E N v W o D U) m Z) DESCRIPTION 842' 0 Compacted Fill (Afl 0-67' 837' 5 B -1/R-1 15 104.7 18.1 SM Silty SAND; brown and orange -brown, moist, medium MD 20 dense, scattered siltstone and sandstone rock fragments EI 22 832' 10 R-2 11 107.8 17.6 SM Silty SAND; brown and grey -brown, moist, medium CN 11 dense; scattered siltstone rock fragments 29 827' 15 R-3 13 100.3 23.0 SC Clayey SAND; grey, grey -brown and orange, moist, 20 medium dense; abundant siltstone rock fragments 26 822 20 R-4 15 102.3 19.0 SC Clayey SAND; grey, grey -brown, orange, moist, dense; CN 25 abundant siltstone and sandstone fragments 34 817' 25 R-5 45 114.0 9.4 SM Silty SAND, brown, moist, very dense; medium grained 50 sand for 4" 812' 30 LAWSON AND ASSOCIATES THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF SAMPLE TYPES: TEST TYPES: B BULK SAMPLEGEOTECHNICALCONSULTING, INC. DRILLING. SUBSURFACE CONDITIONS MAY Ds DIRECTSHEAR R RING SAMPLE MD MAXIMUM DENSITY DIFFER AT OTHER LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE G GRAB SAMPLE SA SIEVE ANALYSIS SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS TEST SAMPLE EI EXPANSION INDEX CN CONSOLIDATION ENCOUNTERED. CR CORROSION AL ATTERBERG LIMITS Co COLLAPSE/SWELL RV R -VALUE Geotechnical Boring Log Borehole LGC-HS-2 Date: 4/15/05 DrillingCompany: Cal Pac Project Name: Lewis Diamond Bar Type of Rig: Mobile B-61 Project Number: 041069-02 Drop: 30" Auto Trip Hammer Hole Diameter: 8" Elevation of Top of Hole: 842' MSL Drive Weight: 140 pounds Hole Location: See Geotechnical Map Page: 2 of 3 I- Logged By: GDS E Q- 0 Sampled By: GDSa, O 3 C: o E p J Z O C O CA O M V a U p L7 0 W 0C 0 m D DQ DESCRIPTION 812 30 R-6 18 35 SM Silty SAND; brown and grey brown, moist, very dense; 50 medium grained sand; scattered sandstone rock fragments 807' 35 SPT -1 10 SM Silty SAND; brown and orange brown, moist, medium SA 11 dense; fine to medium grained sand 13 802' 40 R-7 14 SM Silty SAND; brown and grey brown, moist, dense; trace 30 clay; scattered siltstone rock fragments 30 797' 45 SPT -2 12 SM/SC Silty SAND to Clayey SAND; brown, grey brown and SA 17 orange, dense, scattered sandstone rock fragments 19 792' 50 R-8 16 SM Silty SAND; brown and grey brown, moist, medium 17 dense; scattered siltstone rock fragments 23 787' 55 782' 60 LAWSON AND ASSOCIATES GEOTECHNICAL CONSULTING, INC. THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND ATTHE TIME OF DRILLING. SUBSURFACE SAMPLE TYPES: TEST TYPES: B BULK SAMPLE DS DIRECT SHEAR RCONDITIONSMAY DIFFER AT OTHER LOCATIONS AND MAY RING SAMPLE MD MAXIMUM DENSITYGGRABSAMPLESASIEVEANALYSIS CHANGE AT THIS LOCATION 1MTH THE PASSAGE OF TIME. THE DATA PRESENTED IS A SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER TEST SAMPLE EI EXPANSION INDEX SIMPLIFICATION OF THE ACTUAL CONDITIONS ENCOUNTERED. CR COCN CONRRSOLIDATION OSION AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R -VALUE Geotechnical Boring Log Borehole LGC-HS-2 Date: 4/15/05 Drillin Company: Cal Pac Project Name: Lewis Diamond Bar Type of Rig: Mobile B-61 Project Number: 041069-02 Drop: 30" Auto Trip Hammer Hole Diameter: 8" Elevation of Top of Hole: 842' MSL Drive Weight: 140 pounds Hole Location: See Geotechnical Map Page: 3 of 3 Logged By: GDS Q- o Sampled By: GDS o n o E Q) O U O O C N U)4~ a a U C/) O EU LU o D cn m o Z) DESCRIPTION 782' 60 SPT -312 SM Silty SAND; grey brown to dark grey, moist, medium SA 16 dense; scattered siltstone rock fragments 778' 65 Drilling gets harder @ 67' Bedrock (Puente Formation) 772' 70 R-9 N 50 101.5 13.8 SANDSTONE; orange and white, moist; some grey; for 5" siltstone interbeds; medium grained Total depth: 71' 767' 75 No ground water Backfilled with cuttings Fill to Approximately 67' 762' 80 757' 85 752' 90 LAWSON AND ASSOCIATES THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF SAMPLE TYPES: TEST TYPES: B BULK SAMPLE GEOTECHNICAL CONSULTING, INC. DRILLING. SUBSURFACE CONDITIONS MAY DS DIRECT SHEAR R RING SAMPLE MD MAXIMUM DENSITY DIFFER AT OTHER LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE G GRAB SAMPLE SA SIEVE ANALYSIS SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS TEST SAMPLE EI EXPANSION INDEX CN CONSOLIDATION ENCOUNTERED. CR CORROSION AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R -VALUE I I I 11 I I Geotechnical Boring Log Borehole LGC-HS-3 Date: 4/15/05 Drillin Com an : Cal Pac Project Name: Lewis Diamond Bar Type of Rig: Mobile B-61 Project Number: 041069-02 Drop: 30" Auto Trip Hammer Hole Diameter: 8" Elevation of Top of Hole: 845' MSL Drive Weight: 140 pounds Hole Location: See Geotechnical Map Page: 1 of 1 Logged By: GDS E Sampled By: GDS O 4-1 4 o E n O V O O C N U)~ a Q Q U 0 a U o a) E 0 U a Lu 0 0 U) m DESCRIPTION 845' 0 Compacted Fill (Af) 0-5' SM Silty SAND; brown, and grey -brown, moist, medium dense scattered siltstone and sandstone rock fragments Weathered Bedrock 840' 5 R-114 ML Remnant SILTSTONE with interbedded sandstone; 18 yellow, grey, orange, moist, dense 39 Bedrock (Puente Formation) 835' 10 R-2 38 SILTSTONE; orange, brown, yellow, grey, moist; weakly 50 indurated to hard; interbedded sandstone; thinly bedded for 5" 830' 15 R-3 23 Sandy SILTSTONE; dark grey brown, moist; indurated 50 and hard for 3" Total depth: 16.5' 825' 20 No ground water Backfilled with cuttings Fill to 5' 820' 25- 5 815'--1815' 30 LAWSON AND ASSOCIATES GEOTECHNICAL CONSULTING, INC. THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF DRILLING. SUBSURFACE SAMPLE TYPES: TEST TYPES: B BULK SAMPLE DS DIRECT SHEAR CONDITIONS MAY DIFFER AT OTHER LOCATIONS AND MAY R RING SAMPLE MD MAXIMUM DENSITY G GRAB SAMPLE SA SIEVE ANALYSIS CHANGE AT THIS LOCATION WITH THE PASSAGE OF TIME. THE DATA PRESENTED IS A SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER TEST SAMPLE EI EXPANSION INDEXLIMSIMPLIFICATIONOFTHEACTUALCONDITIONS ENCOUNTERED. CN CONSOLIDATION CR CORROSION AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R -VALUE Geotechnical Boring Log LGC-B-07 Date: 04/08/05 Drilling Company: Al Roy Project Name: Lewis Diamond Bar Type of Rig: Truck Mounted Bucket Auger Project Number: 041069-02 Drop: 12" Hole Diameter: 28" Elevation of Top of Hole: 840' MSL Drive Weight: Kelly Bar Hole Location: See Geotechnical Map Page: 1 of 2 Logged By: GDSOU Sampled By: GDS o ECn C O J U U O Z O Z3 O U C 1 U) i— Q 0 N O E n U ai W o 0 Q U) m o DESCRIPTION 840' 0 Compacted Fill 0-8' Clayey silty SAND; yellow-brown, dark -brown, moist, loose; root hairs; pebbles 835' 513.4push 0.1 Bedrock (Puente Formation) B-1 SILTSTONE; grey, red -orange, moist, moderately hard; thinly bedded ED push 2.8830' 1000.0R-2 @ 12.5' B:N55E,5NW @ 14' @14.5' Becomes grey, red -orange, yellow-brown 825' 15 B:N35E,sub-horizontal to approx 3 NW R-3 2 7.9 3.9 SILTSTONE; indurated; thin) bedded toY R-4 laminated; undulating@15' B:N10W,15SW @19' Slight Seepage 820` 20 R-5 s 89.6 22.6 @19.5' becomes Interbedded SILTSTONE and SANDSTONE; light grey, red -orange, moist; fine to medium grained sand; thinly to thickly bedded; hard and indurated 815' 25 @28' Becomes predominately SANDSTONE; @28' B: N75E,10S red -orange, e, moist, hard; medium to coarse grained 810' 30 LAWSON AND ASSOCIATES THIS SUMMARY APPLIES ONLY AT THE SAMPLE TYPES: TEST TYPES: LOCATION OF THIS BORING AND AT THE TIME OF B BULK SAMPLE GEOTECHNICAL CONSULTING, INC. DS DIRECT SHEAR DRILLING. SUBSURFACE CONDITIONS MAY R RING SAMPLE MD MAXIMUM DENSITY DIFFER AT OTHER LOCATIONS AND MAY G GRAB SAMPLE SA SIEVE ANALYSIS CHANGE AT THIS LOCATION WITH THE PASSAGE SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER TEST SAMPLE EIEXPANSION INDEXOFTIME. THE DATA PRESENTED IS A CN CONSOLIDATIONSIMPLIFICATIONOFTHEACTUALCONDITIONSCRCORROSION ENCOUNTERED. AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R -VALUE Geotechnical Boring Log LGC-B-07 Date: 04/08/05 Drilling Company: Al Roy Project Name: Lewis Diamond Bar Type of Rig: Truck Mounted Bucket Auger Project Number: 041069-02 Drop: 12" Hole Diameter: 28" Elevation of Top of Hole: 840' MSL Drive Weight: Kelly Bar Hole Location: See Geotechnical Map Page: 2 of 2 Logged By: GDS Q o Sampled By: GDS o c E N O J U N z O 3`. O C N U 4- O CLQ LU 0 D Q U) m 0 2 DESCRIPTION 810' 30 R_6 f0,80. 06.0 19.0 Puente Formation (cont,) @30' SANDSTONE becomes cemented and very hard T. D. 31805' 35 Slight Seepage at 19' Fill to 8' Backfilled 04/08/05 800' 40- 795'— 45- 790'— 50 785' 55- 78T— 60 LAWSON AND ASSOCIATES THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF SAMPLE TYPES: TEST TYPES: B BULK SAMPLEGEOTECHNICALCONSULTING, INC. DRILLING. SUBSURFACE CONDITIONS MAY DS DIRECTSHEAR R RING SAMPLE MD MAXIMUM DENSITY DIFFER AT OTHER LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE G GRAB SAMPLE SA SIEVE ANALYSIS SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER OF TIME, THE DATA PRESENTED IS A CN TEST SAMPLE EI EXPANSION INDEX SIMPLIFICATION OF THE ACTUAL CONDITIONS CR CORROSION ION ENCOUNTERED. AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R -VALUE Geotechnical Boring Log LGC-B-08 Date: 04/08/05 Drilling Company: Al Roy Project Name: Lewis Diamond Bar Type of Rig: Truck Mounted Bucket Auger Project Number: 041069-02 Drop: 12" Hole Diameter: 28" Elevation of Top of Hole: 840' MSL Drive Weight: Kelly Bar Hole Location: See Geotechnical Map Page: 1 of 2 Logged By: GDS Q) U 0 Sampled By: GDS O E a C O U Cn a) Z 3 O En C n F— Q v U a) D o 3 U a> W 0 U Q U) m o D DESCRIPTION 840' 0 Compacted Fill 0-10' ML/SM Sandy SILT to silty SAND; mottled red -orange, gray -brown, moist, firm to medium dense; fine to medium grained sand 835' 5 R-1 2 B-1 MD EI 830' 10 @ 10, Contact: R-2 pus ri roots and rootlets to 10' N45E,10-20NW Weathered Bedrock Clayey SILT/remnant siltstone, grey, orange, @ 13' yellow, moist, firm B:N65E,5NW 13' transition to un -weathered bedrock 825' 15 R-3 2 Bedrock (Puente Formation) B:N70E,6N SILTSTONE with SANDSTONE interbeds; brown, grey, orange -brown, moist, hard and indurated @15.5' SANDSTONE layer 3" think, not continuous around hole (pinches out) 820' 20 R-4 3 @20'Polished surfaces within siltstone beds; roots @ 22' B:N75W,5N @ 210-15SW @24' Seepage in Sandstone 815' 25 B:N25- @25 becomes predominately SANDSTONE; red -brown, moist, hard; medium grained @ 29' 810' 30 B:EW,horizontal to 1S LAWSON AND ASSOCIATES THIS SUMMARY APPLIES ONLY AT THE LOCATION OF THIS BORING AND AT THE TIME OF SAMPLE TYPES: TEST TYPES: B BULK SAMPLE GEOTECHNICAL CONSULTING, INC. DRILLING. SUBSURFACE CONDITIONS MAY DS DIRECT SHEAR R RING SAMPLE MD MAXIMUM DENSITY DIFFER AT OTHER LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE G GRAB SAMPLE SA SIEVE ANALYSIS SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER OF TIME. THE DATA PRESENTED IS A TEST SAMPLE EI EXPANSION INDEX CN CONSOLIDATION SIMPLIFICATION OF THE ACTUAL CONDITIONS CR CORROSION ENCOUNTERED. AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R -VALUE Geotechnical Borinq Loq LGC-B-08 Date: 04/08/05 Drilling Company: Al Roy Project Name: Lewis Diamond Bar Type of Rig: Truck Mounted Bucket Auger Project Number: 041069-02 Drop: 12" Hole Diameter: 28" Elevation of Top of Hole: 840' MSL Drive Weight: Kelly Bar Hole Location: See Geotechnical Map Page: 2 of 2 Logged By: GDS E o Sampled By: GDS J Z o n4-1 E c O O O C N Cn s c Q Q U a) p Cn O m CEu o 21-,o U a w0 D Q co 00 0 DESCRIPTION 810' 30 R-5 5 Puente Formation (cont) SANDSTONE; red -brown, moist, hard; medium grained T.D. 31' 805' 35 Seepage at 24' Fill to 10' Backfilled 04/08/05 800' 40- 795L- 45- 790'_ 50- 785'-- 55- 780'— 60 LAWSON AND ASSOCIATES THIS SUMMARY APPLIES ONLY AT THE LOCATION OF TH IS BORING AND AT THE TIME OF SAMPLE TYPES: TEST TYPES: B BULK SAMPLEGEOTECHNICALCONSULTING, INC. DRILLING. SUBSURFACE CONDITIONS MAY DS DIRECT SHEAR R RING SAMPLE MO MAXIMUM DENSITY DIFFER AT OTHER LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE G GRAB SAMPLE SA SIEVE ANALYSIS SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER OF TIME. THE DATA PRESENTED IS A TEST SAMPLE EI EXPANSION INDEXLIMCNSIMPLIFICATIONOFTHEACTUALCONDITIONSCONSOLIDATION CR CORROSIONENCOUNTERED. AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R -VALUE Geotechnical Boring Log LGC-B-09 Date: 4/27/05 Drilling Company: Roy Bros. Project Name: Lewis Diamond Bar Type of Rig: Lo Drill Track Mounted Project Number: 041069-02 Drop: 12" Hole Diameter: 24" Elevation of Top of Hole: 905' MSL Drive Weight: Kelly Bar Hole Location: See Geotechnical Map Page: 1 of 2 Logged By: GDS o Sampled By: GDS O E C o E C O U N Z O O C D 3: 0 U C/) O NU w 0 Q U) m o- DESCRIPTION 905 0 Colluvium 0-9' SM Silty SAND; medium brown, and orange brown, moist, medium dense; scattered gravel size sandstone bedrock fragments SC @4' Clayey SAND; dark brown, orange brown, 900 5 moist, medium dense, some cobble to small boulder size sandstone bedrock fragments SM/SC @5' Silty SAND and clayey SAND; brown, dark brown, orange brown, moist medium dense Remnant (weathered) Bedrock 895 10 11 108.8 12.8 SM Silty SAND; brown, yellow-brown, moist, dense; massive Bedrock (Puente Formation) 890 15 N10W,0-5W, undulating SANDSTONE with thin Siltstone interbeds; dark @,6.5' brown, light grey, brown, orange, moderatelyN-S,o-5w hard, cemented and indurated 16.5', 3" thick SILTSTONE interbed elow 16.5' SANDSTONE; brown and dark brown, moist, hard; massive; coarse grained 885 20 @zo-z,' 95.6 20.0 @20'-21' SILTSTONE interbeds horizontal toHorizontal, slightly 11 slightly undulating undulating below 21' SANDSTONE; brown and dark brown, moist, hard; massive; coarse grained @24' N60E,4NW @ 24', 2" thick SILTSTONE 880 25 below 24' SANDSTONE; dark brown, grey, yellow-brown, moist, hard; fine grained; thickly bedded; medium to coarse grained @29' N45E,4-7NW @ 29', 2" thick SILTSTONE, slightly undulating87530 LAWSON AND ASSOCIATES GEOTECHNICAL CONSULTING, INC. THIS SUMMARY APPLIES ONLY AT THE LOCATION OF TH IS BORING AND AT THE TIME OF DRILLING. SUBSURFACE SAMPLE TYPES: TEST TYPES: B BULK SAMPLE DS DIRECTSHEAR R RING SAMPLECONDITIONSMAY DIFFER AT OTHER LOCATIONS AND MAY MD MAXIMUM DENSITY G GRAB SAMPLE SA SIEVE ANALYSIS CHANGE AT THIS LOCATION WITH THE PASSAGE OF TIME, THE DATA PRESENTED IS A SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER TEST SAMPLE EI EXPANSION INDEX SIMPLIFICATION OF THE ACTUAL CONDITIONS ENCOUNTERED. CN CR CORROSION ION AL ATTERSERG LIMITS CO COLLAPSE/SWELL RV R -VALUE Geotechnical Boring Log LGC-B-09 Date: 4/27/05 Drilling Company: Roy Bros. Project Name: Lewis Diamond Bar Type of Rig: Lo Drill Track Mounted Project Number: 041069-02 Drop: 12" Hole Diameter: 24" Elevation of Top of Hole: 905' MSL Drive Weight: Kelly Bar Hole Location: See Geotechnical Map Page: 2 of 2 Logged By: GDS o Sampled By: GDS o c 4- o O J N O C a) Q CL E 3 n a) U w D Q U) m o DESCRIPTION 875 30 14 97.8 11.1 Puente Formation (cont) @32.5 SANDSTONE; dark brown, grey, yellow-brown, E-W,5N moist, hard; fine grained; thickly bedded; medium to coarse grained @32.5' SANDSTONE bed 2' thick; very hard and 870 35 cemented @ 34.5' SANDSTONE; dark brown, grey, yellow-brown, moist, hard; fine grained; thickly bedded; medium to coarse grained 865 40— @41 22 104.3 11.1 N70E,11NW @ 41', 1" thick SILTSTONE below 41' SANDSTONE; brown, yellow-brown, orange, moist, hard; thick beds to massive; medium to coarse grained 860 45 @45' N65E,8NW 0 45', 2" thick fine SANDSTONE bed elow 45' SANDSTONE; dark brown, brown, moist, hard; coarse grained Total depth: 51' 855 50 No ground water. 22 1 81.5 17.2 Backfilled with cuttings. 850 55- 845— 60 LAWSONANDASSOCIATES TH I S S UMMARY AP P L IES ON LY AT THE LOCATION OF THIS BORING AND AT THE TIME OF SAMPLE TYPES: TEST TYPES: B BULK SAMPLE DSGEOTECHNICALCONSULTING, INC. DRILLING. SUBSURFACE CONDITIONS MAY DIRECT SHEAR R RING SAMPLE MD MAXIMUM DENSITY DIFFER AT OTHER LOCATIONS AND MAY CHANGE AT THIS LOCATION WITH THE PASSAGE G GRAB SAMPLE SA SIEVE ANALYSIS SPT STANDARD PENETRATION S&H SIEVE AND HYDROMETER OF TIME. THE DATA PRESENTED IS A SIMPLIFICATION OF THE ACTUAL CONDITIONS TEST SAMPLE EI EXPANSION INDEX CN CONSOLIDATIONLEMENCOUNTERED, CR CORROSION AL ATTERBERG LIMITS CO COLLAPSE/SWELL RV R-VALUE Appendix C Laboratory Test Results I APPENDIX C Laboratory Testing Procedures and Test Results The laboratory test program was formulated towards providing quantitative data relating to the relevant engineering properties of the anticipated site soil conditions. Samples considered representative of site conditions were tested in general accordance with American Society for Testing and Materials (ASTM) I' procedure and/or California Test Methods (CTM), where applicable. The following summary is a brief outline of the test type and a table summarizing the test results. Moisture and Density Determination Tests: Moisture content (ASTM D2216) and dry density determinations (ASTM D2937) were performed on relatively undisturbed samples obtained from the test borings and test pits. The results of these tests are presented in the boring and test pit logs. Where applicable, only moisture content was determined from undisturbed or disturbed samples. Expansion Index: The expansion potential of selected samples were evaluated by the Expansion Index Test, U.B.C. Standard No. 18-2 and/or ASTM D4829. Specimens are molded under a given compactive energy to approximately the optimum moisture content and approximately 50 percent saturation. The prepared 1 -inch -thick by 4 -inch -diameter specimens are loaded to an equivalent 144 psf surcharge and are inundated with tap water until volumetric equilibrium is reached. The results of these tests are presented in the table below: Grain Size Distribution: Representative samples were dried, weighed, and soaked in water until individual soil particles were separated (per ASTM D421) and then washed on a No. 200 sieve. Where appropriate a hydrometer analysis was done to determine the distribution of soil particles passing the No. 200 sieve. Direct Shear: Direct shear tests were performed on selected samples, which were soaked for a minimum of 24 hours under a surcharge equal to the applied normal force during testing. The samples were tested under various normal loads, a motor -driven, strain -controlled, direct -shear testing apparatus. The test plots are provided in this Appendix. Maximum Densi , Tests: The maximum dry density and optimum moisture content of typical materials were determined in accordance with ASTM D1557. The results of these tests are presented in the table below: Sample Location Sample Description Maximum Dry Density (Pcf) Optimum Moisture Content LGC-HS-01 @ 2.0'-6.0' Silty Sand with Clay 117.5 17.5 LGC-HS-02 @ 2.0'-6.0' Silty Sand with Clay 122.5 11.0 LGC-B-07 @ 3.0'-7.0' Slightly Clayey Silty Sand 121.0 12.0 LGC-B-08 @ 5.0'-6.0' Slightly Clayey Silty Sand 118.0 13.0 Project No. 041069-02 May 16, 2005 i I APPENDIX C Laboratory Testing Procedures and Test Results (Cont'd) Consolidation: Consolidation tests were performed on selected, relatively undisturbed ring samples Modified ASTM Test Method D2435). Samples (2.42 inches in diameter and 1 inch in height) were placed in a consolidometer and increasing loads were applied. The samples were allowed to consolidate under double drainage" and total deformation for each loading step was recorded. The percent consolidation for each load step was recorded as the ratio of the amount of vertical compression to the original sample height. The consolidation curves are presented in this Appendix. I I I Project No. 041069-02 May 16, 2005 100 80 70 t3: 60 a m C) 50 C LL C 40 v d M 30 20 im GRAVEL SAND FINES (SILT AND CLAY) N at 0 CO O CO LO O O O O M T r ch co xt 4k ori 7Ejt E s i 1 i i i i I i 0 i 100 10 1 0.1 0.01 0.001 Particle Size (mm) Location: Sample No.: Depth ft.) Soil Type Gravel Sand Fines LGC-HS-1 SPT -1 35 SM 4 66 29 Sample Description: Silty Sand Project Number: 041069-02 PARTICLE SIZE ANALYSIS Date: Apr -05 ASTM D 422) Lewis Diamond Bar OM 70 LM 4) 60 M a) 50 IL 4- r- 40 D PL 4) Q. 30 20 M GRAVEL SAND FINES (SILT AND CLAY) N (O O O O OCONC7 N CO T r C7 CO 4t It 41-- 44: 3k - I 1 0.1 0.01 0.001 Particle Size (mm) Location: Sample No.: Depth ft.) Soil Type Gravel Sand Fines LGC-HS-1 SPT -2 45 SM 12 56 32 Sample Description: Silty Sand PARTICLE SIZE ANALYSIS ASTM D 422) Project Number: 041069-02 Date: Apr -05 Lewis Diamond Bar GRAVEL SAND FINES (SILT AND CLAY) CV C CO CO O O O O O CO T r CO(h tt ztt Yt t 7t CV 100 i 90 s 80 i 70 60 A m S 50 LL C 40 U i i a 30 20 I 10 _ i E 0 f 100 10 1 0.1 0.01 0.001 Particle Size (mm) Location: Sample No.: Depth ft.) Soil Type Gravel N Sand FinesI (%) LGC-HS-1 SPT -3 55 SM 11 68 1 20 Sample Description: Silty Sand r Project Number: 041069-02 w PARTICLE SIZE ANALYSIS Date: Apr -05 ASTM D 422) Lewis Diamond Bar M 80 t 70 60 a m 50 LC L a 40 m v M 30 20 10 GRAVEL SAND FINES (SILT AND CLAY) N O O O O O V CID CO O O i I I i k fi f I i I I i l I I i UH H I 0 ! , , , , , , I , ! , , I , , I I --- -1 1 1 1 1 ., . I 100 10 1 0.1 0.01 0.001 Particle Size (mm) Location: Sample No.: Depth ft.) Soil Type Gravel Sand Fines LGC-HS-2 SPT -1 35 SM 6 76 17 Sample Description: Silty Sand Project Number: 041069-02 PARTICLE SIZE ANALYSIS Date: Apr -05 ASTM D 422) Lewis Diamond Bar 1I 70 ZA 60 a m as 50 c I.L. C 40 v a 30 20 M GRAVEL SAND FINES (SILT AND CLAY) N 0 O O O CO M O O M T r CO CO *k 4t: 44- CV 10 1 0.1 0.01 0.001 Particle Size (mm) Location: Sample No.: Depth ft.) Soil Type Gravel M) Sand M) Fines M) LGC-HS-2 SPT -2 45 SM/SC 5 68 27 Sample Description: Silty Sand/Clayey Sand Project Number: 041069-02 PARTICLE SIZE ANALYSIS Date: Apr -05 ASTM D 422) Lewis Diamond Bar 100 80 70 60 m 50 C LL G 40 N PL W a 30 20 M GRAVEL SAND FINES (SILT AND CLAY) NCO O O O OVaDCOCO N 10 1 0.1 0.01 0.001 Particle Size (mm) Location: Sample No.: Depth ft.) Soil Type Gravel Sand Fines LGC-HS-2 SPT -3 60 SM 3 68 29 Sample Description: Silty Sand Project Number: 041069-02 PARTICLE SIZE ANALYSIS Date: Apr -05 ASTM D 422) Lewis Diamond Bar 5.0- Sample No.: Depth (ft) Sample Type I Dry Density Initial Moisture Final Moisture 4 Friction Angle = 44.0° Friction Angle = 41.6° Cohesion (psf) = 215 Cohesion (psf) = 100 pcf) i i j A Peak O Deformation at 1/4" 4.0- i I Content (%) Content (%) LGC-6 B-4 35 Remolded 0.05 107.1 10.0 18.8 3.0 NY_ N L V/ L N 2.0 1.0- 0.0 0.0 1.0 2.0 3.0 4.0 5.0 Normal Stress (ksf) Sample Description: Silty Sand Remolded to 90% Relative Compaction Project Number: 041069-02 DIRECT SHEAR PL®T Date: Mar-05 i'. Lewis Diamond Bar Boring No.: Sample No.: Depth (ft) Sample Type I Dry Density Initial Moisture Final Moisture 4 Friction Angle = 44.0° Friction Angle = 41.6° Cohesion (psf) = 215 Cohesion (psf) = 100 inch/min) pcf) i I Content (%) Content (%) LGC-6 B-4 35 Remolded 0.05 107.1 10.0 Boring No.: Sample No.: Depth (ft) Sample Type Shear Rate Dry Density Initial Moisture Final Moistureinch/min) pcf) Content (%) Content (%) LGC-6 B-4 35 Remolded 0.05 107.1 10.0 18.8 0.1 1 10 100VerticalStress (ksf) Location: Sample No.: Depth (ft) Dry Density Initial Moisture 1.0 0.0 pct) Content (%) 1.0 LGC-HS-1 R-1 2.0 108.4 0 20.2 C O c"0 3.0 E L O 4.0 5.0 6.0 7.0 8.0 0.1 1 10 100VerticalStress (ksf) Location: Sample No.: Depth (ft) Dry Density Initial Moisture Final Moisture pct) Content (%) Content (%) LGC-HS-1 R-1 5 108.4 18.6 20.2 Sample Description: Silty Sand /Clayey Sand Project Number: 041069-02 ONE-DIMENSIONAL CONSOLIDATION Date: May -05 Lewis Diamond Bar 2.0 go M in 2.0 0- 5.0 M rK9J 8.0 1 0.1 8 Inundated Field Moisture 1 10 Vertical Stress (ksf) Location: Sample No.: Depth (ft) Dry Density Initial Moisture Final Moisturepcf) Content (%) Content (%) LGC-HS-1 R-3 15 110.0 15.4 19.5 Sample Description: Silty Sand / Clayey Sand ONE-DIMENSIONAL CONSOLIDATION Project Number: 041069-02 Date: May -05 Lewis Diamond Bar Ire 2.0 6a1] no 4.0 out] 6.0 rL1] 8.0 J_ 0.1 9 Inundated 6- Field Moisture 1 10 Vertical Stress (ksf) Location: Sample No.: Depth (ft) Dry Density Initial Moisture Final Moisture pct) Content (%) Content (%) LGC-HS-2 R-2 10 107.8 17.6 20.2 Sample Description: Slightly Clayey Silty Sand ONE-DIMENSIONAL CONSOLIDATION Project Number: 041069-02 Date: May -05 Lewis Diamond Bar Rall 0.0 1101 we] 6.0 7.0 8.0 -L 0.1 0 Inundated G--•Field Moisture 1 Vertical Stress (ksf) 10 Location: Sample No.: Depth (ft) Dry Density Initial Moisture Final Moisture pct) Content (%) Content (%) LGC-HS-2 R-4 20 102.3 19.0 27.7 Sample Description: Clayey Sand ONE-DIMENSIONAL CONSOLIDATION Project Number: 041069-02 Date: May -05 Lewis Diamond Bar F, Appendix D Slope Stability Analyses I Project No. 041069-02 May 16, 2005 Static Soil Shear Strength Parameters Soil Type Degrees) Cohesion (psf) Bedrock Cross Bedding 33 830 Along Silt Bedding 18 200 Compacted Fill A 32 190 I Project No. 041069-02 May 16, 2005 Slo a Stability Anal sis Results Section Static F.S. Seismic F.S. Description Section I -I' 2.14 1.40 Existing Section J -J' 1.99 1.44 Proposed Buttress — Rotational Section J -J' 2.30 1.26 Proposed Buttress — Block I Project No. 041069-02 May 16, 2005 Ou 0W) v 0 A s O o o M V 4- 0O O N M U d O M r N c c o LL N N d n fl. m N ~ A m m R L r V Q tl1 O OO mr LL A 12m ON O 5 N O aM N pn OO 00 N O n V Oo q N LO C O L N m a C ciO m L CO 0 9 N i W 3 Z Q w c+ NtCF) O o O O o O i O a O SN Ou 0W) v 0 A s O o o M V 4- 0O O N M U d O M r N c c o LL N N d n fl. m N ~ A m m R L r V Q tl1 O OO mr LL A 12m ON Oti O N O ti Q> N pn OO 00 O n ON m Q M:\2004pr-1\0410693\engine-l\gstabl-2\xi-ll.OUT Page 1 GSTABL7 *** GSTABL7 by Garry H. Gregory, P.E. ** Original Version 1.0, January 1996; Current Version 2.002, December 2001 ** All Rights Reserved -Unauthorized Use Prohibited) SLOPE STABILITY ANALYSIS SYSTEM Modified Bishop, Simplified Janbu, or GLE Method of Slices. Includes Spencer & Morgenstern -Price Type Analysis) Including Pier/Pile, Reinforcement, Soil Nail, Tieback, Nonlinear Undrained Shear Strength, Curved Phi Envelope, Anisotropic Soil, Fiber -Reinforced Soil, Boundary Loads, Water Surfaces, Pseudo -Static Earthquake, and Applied Force Options. Analysis Run Date: 5/16/2005 Time of Run: 4:232M Run By: SR Input Data Filename: Maxi -11. Output Filename: Maxi-ll.OUT Unit System: English Plotted Output Filename: M:xi-11.PLT PROBLEM DESCRIPTION: 041069-02 Lewis Diamond Bar Section I -I' Static BOUNDARY COORDINATES Note: User origin value specified. Add 0.00 to X -values and 720.00 to Y -values listed. 7 Top Boundaries 10 Total Boundaries Boundary X -Left Y -Left X -Right Y -Right Soil Type No. (ft) (ft) ft) ft) Below Bnd 1 0.00 120.00 72.50 124.00 2 2 72.50 124.00 87.00 124.00 1 3 87.00 124.00 87.10 127.00 1 4 87.10 127.00 200.00 170.00 1 S 200.00 170.00 240.00 185.00 1 6 240.00 185.00 297.50 190.00 1 7 297.50 190.00 465.00 190.00 1 8 0.00 75.00 40.00 90.00 1 9 40.00 90.00 60.00 100.00 1 10 60.00 100.00 77.00 124.00 1 Default Y -Origin = 0.00(ft) ISOTROPIC SOIL PARAMETERS 2 Type(s) of Soil Soil Total Saturated Cohesion Friction Pore Pressure Piez. Type Unit Wt. Unit Wt. Intercept Angle Pressure Constant Surface No. (pcf) (pcf) (psf) deg) Param. (psf) No. 1 125.0 130.0 830.0 33.0 0.00 0.0 0 2 120.0 125.0 190.0 32.0 0.00 0.0 0 ANISOTROPIC STRENGTH PARAMETERS 1 soil type(s) Soil Type 1 Is Anisotropic Number Of Direction Ranges Specified 3 Direction Counterclockwise Cohesion Friction Range Direction Limit Intercept Angle No. (deg) psf) deg) 1 0.0 830.00 33.00 2 6.0 200.00 18.00 3 90.0 830.00 33.00 ANISOTROPIC SOIL NOTES: 1) An input value of 0.01 for C and/or Phi will cause Aniso C and/or Phi to be ignored in that range. 2) An input value of 0.02 for Phi will set both Phi and C equal to zero, with no water weight in the tension crack. 3) An input value of 0.03 for Phi will set both Phi and C equal to zero, with water weight in the tension crack. Janbus Empirical Coef is being used for the case of c & phi both > 0 A Critical Failure Surface Searching Method, Using A Random M:\2004pr-1\0410693\engine-l\gstabl-2\xi-ll.OUT Page 2 Technique For Generating Sliding Block Surfaces, Has Been Specified. 5000 Trial Surfaces Have Been Generated. 2 Boxes Specified For Generation Of Central Block Base Length Of Line Segments For Active And Passive Portions Of Sliding Block Is 20.0 Box X -Left Y -Left X -Right Y -Right Height No. (ft) (ft) (ft) (ft) (ft) 1 90.00 125.00 90.00 125.00 0.00 2 95.00 124.00 275.00 140.00 10.00 Following Are Displayed The Ten Most Critical Of The Trial Failure Surfaces Evaluated. They Are Ordered - Most Critical First. Safety Factors Are Calculated By The Simplified Janbu Method Total Number of Trial Surfaces Evaluated = 5000 Statistical Data On All Valid FS Values: FS Max = 184.982 FS Min = 2.138 FS Ave = 5.070 Standard Deviation = 9.549 Coefficient of Variation 188.34 % Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 5 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Factor of Safety 2.138 *** Individual data on the 8 slices Water Water Tie Tie Earthquake Force Force Force Force Force Surcharge Slice Width Weight Top Bot Norm Tan Hor Ver Load No. (ft) (lbs) (lbs) (lbs) (lbs) (lbs) (lbs) (lbs) lbs) 1 2.5 489.7 0.0 0.0 0. 0. 0.0 0.0 0.0 2 110.0 262891.1 0.0 0.0 0. 0. 0.0 0.0 0.0 3 18.4 87004.3 0.0 0.0 0. 0. 0.0 0.0 0.0 4 13.9 61962.3 0.0 0.0 0. 0. 0.0 0.0 0.0 5 7.7 26389.6 0.0 0.0 0. 0. 0.0 0.0 0.0 6 4.1 10830.2 0.0 0.0 0. 0. 0.0 0.0 0.0 7 13.2 18760.3 0.0 0.0 0. 0. 0.0 0.0 0.0 8 3.1 863.2 0.0 0.0 0. 0. 0.0 0.0 0.0 Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 5 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Factor of Safety 2.138 *** Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 5 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Factor of Safety 2.138 *** 1 M:\2004pr-1\0410693\engine-l\gstabl-2\xi-ll.OUT Page 3 Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 5 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Factor of Safety 2.138 *** Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 5 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Factor of Safety 2.138 *** Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 5 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Factor of Safety 2.138 *** Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 5 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Factor of Safety 2.138 *** Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 S 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Factor of Safety 2.138 *** Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 M:\2004pr-1\0410693\engine-l\gstabl-2\xi-ll.OUT Page 4 5 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Factor of Safety 2.138 *** Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 87.72 127.24 2 90.00 125.00 3 219.09 137.60 4 232.86 152.11 5 246.82 166.42 6 260.71 180.82 7 264.39 187.12 Factor of Safety 2.139 *** END OF GSTABL7 OUTPUT **** OLO 0 LO 0 0 O t L M O m M - a r E C (n E 0 c N N m a J Q N N w ea N 4- 0 O W L O to LL O0 OW) O JO O e OLO 0 LO 0 0 O t L M O m M - a r E C (n E 0 c N N m a J Q N N w ea N 4- 0 O W L O to LL O0 OW) O JO O 1 O 1 O M 1 N Q av V NV E N o N rco 2 U) T Om N 1 m N r O J QE m U) r 3 Qi Z J w M CV rn O o a o W s r a O o 0 SN OLO 0 LO 0 0 O t L M O m M - a r E C (n E 0 c N N m a J Q N N w ea N 4- 0 O W L O to LL O0 OW) O JO O O O O O pNj O M O N Q 1 r M:\2004PR-1\0410693\ENGINE-1\GSTABL-2\XI-11S.OUT Page 1 GSTABL7 *** GSTABL7 by Garry H. Gregory, P.E. ** Original Version 1.0, January 1996; Current Version 2.002, December 2001 ** All Rights Reserved -Unauthorized Use Prohibited) SLOPE STABILITY ANALYSIS SYSTEM Modified Bishop, Simplified Janbu, or GLE Method of Slices. Includes Spencer & Morgenstern -Price Type Analysis) Including Pier/Pile, Reinforcement, Soil Nail, Tieback, Nonlinear Undrained Shear Strength, Curved Phi Envelope, Anisotropic Soil, Fiber -Reinforced Soil, Boundary Loads, Water Surfaces, Pseudo -Static Earthquake, and Applied Force Options. Analysis Run Date: 5/16/2005 Time of Run: 4:24PM Run By: SR Input Data Filename: M:XI-11S. Output Filename: M:XI-11S.OUT Unit System: English Plotted Output Filename: M:XI-11S.PLT PROBLEM DESCRIPTION: 041069-02 Lewis Diamond Bar Section I -I' Seismic BOUNDARY COORDINATES Note: User origin value specified. Add 0.00 to X -values and 720.00 to Y -values listed. 7 Top Boundaries 10 Total Boundaries Boundary X -Left Y -Left X -Right Y -Right Soil Type No. (ft) ft) ft) ft) Below Bnd 1 0.00 120.00 72.50 124.00 2 2 72.50 124.00 87.00 124.00 1 3 87.00 124.00 87.10 127.00 1 4 87.10 127.00 200.00 170.00 1 5 200.00 170.00 240.00 185.00 1 6 240.00 185.00 297.50 190.00 1 7 297.50 190.00 465.00 190.00 1 8 0.00 75.00 40.00 90.00 1 9 40.00 90.00 60.00 100.00 1 10 60.00 100.00 77.00 124.00 1 Default Y -Origin = 0.00(ft) ISOTROPIC SOIL PARAMETERS 2 Type(s) of Soil Soil Total Saturated Cohesion Friction Pore Pressure Piez. Type Unit Wt. Unit Wt. Intercept Angle Pressure Constant Surface No. (pcf) (pcf) psf) deg) Param. (psf) No. 1 125.0 130.0 830.0 33.0 0.00 0.0 0 2 120.0 125.0 190.0 32.0 0.00 0.0 0 ANISOTROPIC STRENGTH PARAMETERS 1 soil type(s) Soil Type 1 Is Anisotropic Number Of Direction Ranges Specified = 3 Direction Counterclockwise Cohesion Friction Range Direction Limit Intercept Angle No. (deg) psf) deg) 1 0.0 830.00 33.00 2 6.0 200.00 18.00 3 90.0 830.00 33.00 ANISOTROPIC SOIL NOTES: 1) An input value of 0.01 for C and/or Phi will cause Aniso C and/or Phi to be ignored in that range. 2) An input value of 0.02 for Phi will set both Phi and C equal to zero, with no water weight in the tension crack. 3) An input value of 0.03 for Phi will set both Phi and C equal to zero, with water weight in the tension crack. A Horizontal Earthquake Loading Coefficient Of0.150 Has Been Assigned M:\2004PR-1\0410693\ENGINE-1\GSTABL-2\XI-11S.OUT Page 2 A Vertical 2 Earthquake Loading Coefficient Of0.000 Has Been Assigned Cavitation Pressure = 0.0(psf) Janbu's Empirical Coef. is being used for the case of c & phi both > 0 Trial Failure Surface Specified By 7 Coordinate Points Point X -Surf Y -Surf No. ft) (ft) 1 87.48 127.14 2 90.00 125.00 3 218.43 136.52 4 232.29 150.94 5 244.14 167.05 6 257.34 182.08 7 260.46 186.78 Janbu's Empirical Coefficient (fo) = 1.068 Factor Of Safety Is Calculated By The Simplified Janbu Method Factor Of Safety For The Preceding Specified Surface = 1.401 Table 1 - Individual Data on the 8 Slices*** Water Water Tie Tie Earthquake Force Force Force Force Force Surcharge Slice Width Weight Top Bot Norm Tan Hor Ver Load No. (ft) lbs) (lbs) (lbs) lbs) (lbs) (lbs) (lbs) lbs) 1 2.5 489.0 0.0 0.0 0.0 0.0 73.3 0.0 0 2 110.0 262884.0 0.0 0.0 0.0 0.0 39432.6 0.0 0 3 18.4 86994.6 0.0 0.0 0.0 0.0 13049.2 0.0 0 4 13.9 61988.9 0.0 0.0 0.0 0.0 9298.3 0.0 0 5 7.7 26381.3 0.0 0.0 0.0 0.0 3957.2 0.0 0 6 4.1 10838.6 0.0 0.0 0.0 0.0 1625.8 0.0 0 7 13.2 18758.7 0.0 0.0 0.0 0.0 2813.8 0.0 0 8 3.1 863.4 0.0 0.0 0.0 0.0 129.5 0.0 0 Table 2 - Base Stress Data on the 8 Slices*** Slice Alpha X-Coord. Base Available Mobilized No. (deg) Slice Cntr Leng. Shear Strength Shear Stress ft) (ft) psf) psf) 1 -40.40 88.74 3.31 2073.06 103.59 2 5.13 145.00 110.44 960.45 570.55 3 5.13 209.21 18.50 1705.20 1126.92 4 46.13 225.36 20.00 3635.94 3689.42 5 53.66 236.14 13.01 3159.94 3060.45 6 53.66 242.07 6.99 2619.58 2341.62 7 48.71 250.74 20.00 1738.79 1208.45 8 56.42 258 90 5 64 1075 OS 0 0 0 0 0 0 0 0 53.51 Sum of the Resisting Forces (including Pier/Pile, Tieback, Reinforcing Soil Nail, and Applied Forces if applicable) = 313560.06 (lbs) Average Available Shear Strength (including Tieback, Pier/Pile, Reinforcing, Soil Nail, and Applied Forces if applicable) = 1584.45(psf) Sum of the Driving Forces = 239100.67 (lbs) Average Mobilized Shear Stress = 1208.20(psf) Total length of the failure surface = 197.90(ft) END OF GSTABL7 OUTPUT **** T U LDC) O O d Cn g mm o C O C K T LLQaQM C ++ O ON0 T O c a Q v- r9,3, o U O Ln mC?o aCNNo N O O -O T N C/)Z YUUO -_ Q N m U- C7 . 0 0 0 0 0 0 0 0 T CV N N (V N NCV N N k C4 U 'O N v- m L •- • OLO O 0 OW) r - O47 M 2 CD N M:\2004pr-1\0410693\engine-1\gstabl-2\xj-br.OUT Page 1 GSTABL7 *** GSTABL7 by Garry H. Gregory, P.E. ** Original Version 1.0, January 1996; Current Version 2.002, December 2001 ** All Rights Reserved -Unauthorized Use Prohibited) SLOPE STABILITY ANALYSIS SYSTEM Modified Bishop, Simplified Janbu, or GLE Method of Slices. Includes Spencer & Morgenstern -Price Type Analysis) Including Pier/Pile, Reinforcement, Soil Nail, Tieback, Nonlinear Undrained Shear Strength, Curved Phi Envelope, Anisotropic Soil, Fiber -Reinforced Soil, Boundary Loads, Water Surfaces, Pseudo -Static Earthquake, and Applied Force Options. Analysis Run Date: 5/13/2005 Time of Run: 2:48PM Run By: SR Input Data Filename: M:xj-br. Output Filename: M:xj-br.OUT Unit System: English Plotted Output Filename: M:xj-br.PLT PROBLEM DESCRIPTION: 041069-02 Lewis Diamond Bar. Section J -J', Static, Proposed Buttress BOUNDARY COORDINATES Note: User origin value specified. Add 0.00 to X -values and 700.00 to Y -values listed. 7 Top Boundaries 14 Total Boundaries Boundary X -Left Y -Left X -Right Y -Right Soil Type No. (ft) (ft) ft) ft) Below Bnd 1 0.00 139.00 25.00 139.00 2 2 25.00 139.00 124.00 185.00 2 3 124.00 185.00 137.00 191.00 1 4 137.00 191.00 160.00 199.00 1 5 160.00 199.00 200.00 204.00 1 6 200.00 204.00 235.00 203.50 1 7 235.00 203.50 400.00 204.00 1 8 25.00 140.00 26.00 130.00 2 9 26.00 130.00 47.00 130.00 2 10 47.00 130.00 70.00 130.00 1 11 70.00 130.00 124.00 185.00 1 12 0.00 110.00 15.00 116.00 1 13 15.00 116.00 40.00 124.00 1 14 40.00 124.00 47.00 130.00 1 Default Y -Origin = 0.00(ft) ISOTROPIC SOIL PARAMETERS 2 Type(s) of Soil Soil Total Saturated Cohesion Friction Pore Pressure Piez. Type Unit Wt. Unit Wt. Intercept Angle Pressure Constant Surface No. (pcf) (pcf) (psf) deg) Param. (psf) No. 1 125.0 130.0 830.0 33.0 0.00 0.0 0 2 120.0 125.0 190.0 32.0 0.00 0.0 0 ANISOTROPIC STRENGTH PARAMETERS 1 soil type(s) Soil Type 1 Is Anisotropic Number Of Direction Ranges Specified 3 Direction Counterclockwise Cohesion Friction Range Direction Limit Intercept Angle No. (deg) psf) deg) 1 5.0 830.00 33.00 2 11.0 200.00 18.00 3 90.0 830.00 33.00 ANISOTROPIC SOIL NOTES: 1) An input value of 0.01 for C and/or Phi will cause Aniso C and/or Phi to be ignored in that range. 2) An input value of 0.02 for Phi will set both Phi and C equal to zero, with no water weight in the tension crack. M:\2004pr-1\0410693\engine-l\gstabl-2\xj-br.OUT Page 2 3) An input value of 0.03 for Phi will set both Phi and C equal to zero, with water weight in the tension crack. ANISOTROPIC STRENGTH DATA HAS BEEN SUPPRESSED A Critical Failure Surface Searching Method, Using A Random Technique For Generating Circular Surfaces, Has Been Specified. 5000 Trial Surfaces Have Been Generated. 100 Surface(s) Initiate(s) From Each Of 50 Points Equally Spaced Along The Ground Surface Between X = 15.00(ft) and X = 30.00(ft) Each Surface Terminates Between X = 95.00(ft) and X = 400.00(ft) Unless Further Limitations Were Imposed, The Minimum Elevation At Which A Surface Extends Is Y = 0.00(ft) 10.00(ft) Line Segments Define Each Trial Failure Surface. Following Are Displayed The Ten Most Critical Of The Trial Failure Surfaces Evaluated. They Are Ordered - Most Critical First. Safety Factors Are Calculated By The Modified Bishop Method Total Number of Trial Surfaces Evaluated = 5000 Statistical Data On All Valid FS Values: FS Max = 7.700 FS Min = 1.990 FS Ave = 4.189 Standard Deviation = 1.393 Coefficient of Variation = Failure Surface Specified By 12 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 26.63 139.76 2 36.63 139.76 3 46.59 140.64 4 56.44 142.39 5 66.09 145.01 6 75.47 148.47 7 84.51 152.75 8 93.14 157.81 9 101.29 163.60 10 108.89 170.10 11 115.89 177.24 12 121.19 183.69 33.24 % Circle Center At X = 31.70 ; Y = 252.58 ; and Radius = 112.93 Factor of Safety 1.990 *** Individual data on the 11 slices 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Water Water Tie Tie Earthquake Force Force Force Force Force Surcharge Slice Width Weight Top Bot Norm Tan Hor Ver Load No. ft) lbs) lbs) lbs) lbs) lbs) lbs) (lbs) (lbs) 1 10.0 2788.9 0.0 0.0 0. 0. 0.0 0.0 2 10.0 7795.9 0.0 0.0 0. 0. 0.0 0.0 3 9.8 11582.4 0.0 0.0 0. 0. 0.0 0.0 4 9.7 14066.6 0.0 0.0 0. 0. 0.0 0.0 5 9.4 15231.1 0.0 0.0 0. 0. 0.0 0.0 6 7 9.0 8.6 15123.0 13852.0 0.0 0.0 0.0 0.0 0. 0. 0. 0. 0.0 0.0 0.0 0.0 8 8.1 11585.6 0.0 0.0 0. 0. 0.0 0.0 9 7.6 8543.5 0.0 0.0 0. 0. 0.0 0.0 10 7.0 4989.2 0.0 0.0 0. 0. 0.0 0.0 11 5.3 1270.0 0.0 0.0 0. 0. 0.0 0.0 Failure Surface Specified By 12 Coordinate Points Point X -Surf Y -Surf No. ft) ft) 1 27.55 140.19 2 37.54 139.75 3 47.52 140.34 4 57.40 141.94 S 67.05 144.54 6 76.39 148.11 7 85.32 152.62 8 93.74 158.01 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 M:\2004pr-1\0410693\engine-l\gstabl-2\xj-br.OUT Page 3 9 101.57 164.23 10 108.72 171.22 11 115.13 178.90 12 117.06 181.78 Circle Center At X = 36.85 ; Y = 237.29 ; and Radius = 97.55 Factor of Safety 2.012 *** Failure Surface Specified By 12 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 25.41 139.19 2 35.39 138.64 3 45.38 139.13 4 55.26 140.66 5 64.93 143.21 6 74.28 146.75 7 83.21 151.25 8 91.63 156.65 9 99.43 162.91 10 106.54 169.94 11 112.88 177.67 12 114.93 180.78 Circle Center At X = 35.76 ; Y = 234.04 and Radius = 95.41 Factor of Safety 2.013 *** Failure Surface Specified By 12 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 28.16 140.47 2 38.16 140.66 3 48.10 141.74 4 57.91 143.70 5 67.50 146.53 6 76.80 150.20 7 85.74 154.68 8 94.24 159.95 9 102.24 165.95 10 109.67 172.64 11 116.48 179.97 12 118.34 182.37 Circle Center At X = 31.14 ; Y = 252.04 and Radius = 111.61 Factor of Safety 2.018 *** Failure Surface Specified By 12 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 30.00 141.32 2 39.98 140.71 3 49.97 141.16 4 59.85 142.68 5 69.52 145.25 6 78.85 148.84 7 87.75 153.40 8 96.11 158.89 9 103.84 165.24 10 110.84 172.38 11 117.03 180.23 12 118.39 182.40 Circle Center At X = 40.78 ; Y = 233.77 and Radius = 93.08 Factor of Safety 2.021 *** Failure Surface Specified By 12 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 26.33 139.62 2 36.29 138.77 3 46.29 139.04 M:\2004pr-1\0410693\engine-l\gstabl-2\xj-br.OUT Page 4 4 56.19 140.43 5 65.87 142.93 6 75.22 146.49 7 84.10 151.08 8 92.41 156.64 9 100.05 163.10 10 106.91 170.38 11 112.91 178.38 12 114.10 180.40 Circle Center At X = 38.92 ; Y = 227.37 and Radius = 88.65 Factor of Safety 2.029 *** Failure Surface Specified By 12 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 25.71 139.33 2 35.69 140.04 3 45.58 141.51 4 55.33 143.73 5 64.88 146.70 6 74.17 150.40 7 83.15 154.80 8 91.76 159.88 9 99.96 165.61 10 107.69 171.95 11 114.91 178.87 12 117.84 182.14 Circle Center At X = 21.70 ; Y = 268.50 and Radius = 129.23 Factor of Safety 2.036 *** Failure Surface Specified By 13 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 15.00 139.00 2 24.89 137.53 3 34.88 137.05 4 44.87 137.58 5 54.75 139.10 6 64.43 141.61 7 73.81 145.08 8 82.79 149.47 9 91.30 154.73 10 99.22 160.83 11 106.50 167.68 12 113.06 175.23 13 117.97 182.20 Circle Center At X = 34.62 ; Y = 236.70 and Radius = 99.65 Factor of Safety 2.037 *** Failure Surface Specified By 11 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 29.69 141.18 2 39.69 140.93 3 49.66 141.73 4 59.49 143.57 5 69.07 146.43 6 78.30 150.27 7 87.08 155.06 8 95.31 160.74 9 102.90 167.25 10 109.77 174.52 11 114.35 180.52 Circle Center At X = 37.06 ; Y = 236.33 and Radius = 95.43 Factor of Safety 2.042 *** Failure Surface Specified By 12 Coordinate Points M:\2004pr-1\0410693\engine-l\gstabl-2\xj-br.OUT Page 5 Point X-Surf Y-Surf No. (ft) (ft) 1 22.04 139.00 2 31.99 138.02 3 41.99 138.14 4 51.92 139.37 5 61.64 141.69 6 71.06 145.07 7 80.04 149.46 8 88.48 154.83 9 96.28 161.09 10 103.33 168.17 11 109.57 175.99 12 111.62 179.25 Circle Center At X = 35.92 ; Y = 227.92 and Radius = 90.00 Factor of Safety 2.042 *** END OF GSTABL7 OUTPUT **** a r O a 0 oo o 0 0 o N m r r M:\2004pr-1\0410693\engine-l\gstabl-2\xj-bs.OUT Page 1 GSTABL7 *** GSTABL7 by Garry H. Gregory, P.E. ** Original Version 1.0, January 1996; Current Version 2.002, December 2001 ** All Rights Reserved -Unauthorized Use Prohibited) SLOPE STABILITY ANALYSIS SYSTEM Modified Bishop, Simplified Janbu, or GLE Method of Slices. Includes Spencer & Morgenstern -Price Type Analysis) Including Pier/Pile, Reinforcement, Soil Nail, Tieback, Nonlinear Undrained Shear Strength, Curved Phi Envelope, Anisotropic Soil, Fiber -Reinforced Soil, Boundary Loads, Water Surfaces, Pseudo -Static Earthquake, and Applied Force Options. Analysis Run Date: 5/16/2005 Time of Run: 4:25PM Run By: SR Input Data Filename: M:xj-bs. Output Filename: M:xj-bs.OUT Unit System: English Plotted Output Filename: M:xj-bs.PLT PROBLEM DESCRIPTION: 041069-02 Lewis Diamond Bar. Section J -J', Seismic, Proposed Buttress BOUNDARY COORDINATES Note: User origin value specified. Add 0.00 to X -values and 720.00 to Y values listed. 7 Top Boundaries 14 Total Boundaries Boundary X -Left Y -Left X -Right Y -Right Soil Type No. (ft) (ft) 1 0.00 139.00 ft) 25.00 ft) Below 139.00 Bnd 2 2 25.00 139.00 124.00 185.00 2 3 124.00 185.00 137.00 191.00 1 4 137.00 191.00 160.00 199.00 1 S 160.00 199.00 200.00 204.00 1 6 200.00 204.00 235.00 203.50 1 7 235.00 203.50 400.00 204.00 1 8 25.00 140.00 26.00 130.00 2 9 26.00 130.00 47.00 130.00 2 10 47.00 130.00 70.00 130.00 1 11 70.00 130.00 124.00 185.00 1 12 0.00 110.00 15.00 116.00 1 13 15.00 116.00 40.00 124.00 1 14 40.00 124.00 47.00 130.00 1 Default Y -Origin = 0.00(ft) ISOTROPIC SOIL PARAMETERS 2 Type(s) of Soil Soil Total Saturated Cohesion Friction Pore Pressure Piez. Type Unit Wt. Unit Wt. Intercept Angle Pressure Constant Surface No. (pcf) (pcf) (psf) deg) Param. (psf) No. 1 125.0 130.0 830.0 33.0 0.00 0.0 0 2 120.0 125.0 190.0 32.0 0.00 0.0 0 ANISOTROPIC STRENGTH PARAMETERS 1 soil type(s) Soil Type 1 Is Anisotropic Number Of Direction Ranges Specified 3 Direction Counterclockwise Cohesion Friction Range Direction Limit Intercept Angle No. (deg) psf) deg) 1 5.0 830.00 33.00 2 11.0 200.00 18.00 3 90.0 830.00 33.00 ANISOTROPIC SOIL NOTES: 1) An input value of 0.01 for C and/or Phi will cause Aniso C and/or Phi to be ignored in that range. 2) An input value of 0.02 for Phi will set both Phi and C equal to zero, with no water weight in the tension crack. I I M:\2004pr-1\0410693\engine-1\gstabl-2\xj-bs.OUT Page 2 3) An input value of 0.03 for Phi will set both Phi and C equal to zero, with water weight in the tension crack. ANISOTROPIC STRENGTH DATA HAS BEEN SUPPRESSED A Horizontal Earthquake Loading Coefficient Of0.150 Has Been Assigned A Vertical Earthquake Loading Coefficient Of0.000 Has Been Assigned Cavitation Pressure = 0.0(psf) Trial Failure Surface Specified By 12 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 26.63 139.76 2 36.63 139.76 3 46.59 140.64 4 56.44 142.39 5 66.09 145.01 6 75.47 148.47 7 84.51 152.75 8 93.14 157.81 9 101.29 163.60 10 108.89 170.10 11 115.89 177.24 12 121.19 183.69 Circle Center At X = 31.70 ; Y = 252.56; and Radius = 112.92 Factor Of Safety Is Calculated By The Modified Bishop Method Factor Of Safety For The Preceding Specified Surface = 1.437 Table 1 - Individual Data on the 11 Slices*** Water Water Tie Tie Earthquake Force Force Force Force Force Surcharge Slice No. Width Weight Top Bot Norm Tan Hor Ver ft) (lbs) (lbs) (lbs) (lbs) (lbs) (lbs) (lbs) Load lbs) 1 10.0 2786.3 0.0 0.0 0.0 0.0 417.9 0.0 0.0 2 10.0 7790.0 0.0 0.0 0.0 0.0 1168.5 0.0 0.0 3 9.9 11589.6 0.0 0.0 0.0 0.0 1738.4 0.0 0.0 4 9.6 14070.2 0.0 0.0 0.0 0.0 2110.5 0.0 0.0 5 9.4 15231.1 0.0 0.0 0.0 0.0 2284.7 0.0 0.0 6 9.0 15123.1 0.0 0.0 0.0 0.0 2268.5 0.0 0.0 7 8.6 13852.2 0.0 0.0 0.0 0.0 2077.8 0.0 0.0 8 8.1 11588.7 0.0 0.0 0.0 0.0 1738.3 0.0 0.0 9 7.6 8539.5 0.0 0.0 0.0 0.0 1280.9 0.0 0.0 10 7.0 4985.8 0.0 0.0 0.0 0.0 747.9 0.0 0.0 11 5.3 1269.4 0.0 0.0 0.0 0.0 190.4 0.0 0.0 Table 2 - Base Stress Data on the 11 Slices*** Slice Alpha X-Coord. Base Available Mobilized No. deg) Slice Cntr Leng. Shear Strength Shear Stress ft) (ft) (psf) psf) 1 2 0.02 31.63 10.00 364.07 5.05 41.61 10.00 653.61 11.99 80.49 3 10.07 51.51 10.00 858.86 214.56 4 15.19 61.26 10.00 984.80 380.60 5 20.25 70.78 10.00 1038.11 539.15 6 25.34 79.99 10.00 1024.41 658.92 7 30.38 88.82 10.00 950.59 712.27 8 35.39 97.21 10.00 823.94 683.27 9 40.54 105.09 10.00 650.24 566.93 10 45.57 112.39 10.00 439.91 367.97 11 50.61 118.54 8.35 222.05 131.73 Sum of the Resisting Forces (including Pier/Pile, Tieback, ReinforcingSoilNail, and Applied Forces if applicable) = 79754.94 (lbs) Average Available Shear Strength (including Tieback, Pier/Pile, Reinforcing, Soil Nail, and Applied Forces if applicable) = 736.06(psf) Sum of the Driving Forces = 55511.36 (lbs) Average Mobilized Shear Stress = 512.31(psf) Total length of the failure surface = 108.35(ft) CAUTION - Factor Of Safety Is Calculated By The Modified Bishop Method. This Method Is Valid Only If The Failure Surface Approximates A Circular Arc. M:\2004pr-1\0410693\engine-l\gstabl-2\xj-bs.OUT Page 3 END OF GSTABL7 OUTPUT **** N N L dr COW CL o N Oo QN O M a 6= U N a r m O N L) a) m U H m W V _z C 0 Ow co CG iOM 6 N O 3 T O N J O C CO O r It O EEN m U N ,p Z O O g a En . Li< 0QN - M N0 0 D 2N O L N C O O C Q U- oo U O LO i 0 c B vv ! o c Q oN Z D 0 a 0 C, U) z YU Q N LL m O O O O O N N N N N MM M M M M M M Cl) Cl) N N N N N N N N N N kLUL fC- U'0 Nw ( mL• CD 0 LO O GD Q) N \ N N 00 00 ON r d N R0 1- a m E Ue L H L r m CD m V m U JT m O cn LO co M:\2004pr-1\0410693\engine-1\gstabl-2\xj-b.OUT Page 1 GSTABL7 *** GSTABL7 by Garry H. Gregory, P.E. ** Original Version 1.0, January 1996; Current Version 2.002, December 2001 ** All Rights Reserved -Unauthorized Use Prohibited) SLOPE STABILITY ANALYSIS SYSTEM Modified Bishop, Simplified Janbu, or GLE Method of Slices. Includes Spencer & Morgenstern -Price Type Analysis) Including Pier/Pile, Reinforcement, Soil Nail, Tieback, Nonlinear Undrained Shear Strength, Curved Phi Envelope, Anisotropic Soil, Fiber -Reinforced Soil, Boundary Loads, Water Surfaces, Pseudo -Static Earthquake, and Applied Force Options. Analysis Run Date: 5/13/2005 Time of Run: 2:09PM Run By: SR Input Data Filename: M:xj-b. Output Filename: M:xj-b.OUT Unit System: English Plotted Output Filename: M:xj-b.PLT PROBLEM DESCRIPTION: 041069-02 Lewis Diamond Bar. Section J -J', Static, Proposed Buttress. BOUNDARY COORDINATES Note: User origin value specified. Add 0.00 to X -values and 700.00 to Y -values listed. 7 Top Boundaries 14 Total Boundaries Boundary X -Left Y -Left X -Right Y -Right Soil Type No. (ft) (ft) ft) ft) Below Bnd 1 0.00 139.00 25.00 139.00 2 2 25.00 139.00 124.00 185.00 2 3 124.00 185.00 137.00 191.00 1 4 137.00 191.00 160.00 199.00 1 5 160.00 199.00 200.00 204.00 1 6 200.00 204.00 235.00 203.50 1 7 235.00 203.50 400.00 204.00 1 8 25.00 140.00 26.00 130.00 2 9 26.00 130.00 47.00 130.00 2 10 47.00 130.00 70.00 130.00 1 11 70.00 130.00 124.00 185.00 1 12 0.00 110.00 15.00 116.00 1 13 15.00 116.00 40.00 124.00 1 14 40.00 124.00 47.00 130.00 1 Default Y -Origin = 0.00(ft) ISOTROPIC SOIL PARAMETERS 2 Type(s) of Soil Soil Total Saturated Cohesion Friction Pore Pressure Piez. Type Unit Wt. Unit Wt. Intercept Angle Pressure Constant Surface No. (pcf) (pcf) (psf) deg) Param. (psf) No. 1 125.0 130.0 830.0 33.0 0.00 0.0 0 2 120.0 125.0 190.0 32.0 0.00 0.0 0 ANISOTROPIC STRENGTH PARAMETERS 1 soil type(s) Soil Type 1 Is Anisotropic Number Of Direction Ranges Specified 3 Direction Counterclockwise Cohesion Friction Range Direction Limit Intercept Angle No. (deg) psf) deg) 1 5.0 830.00 33.00 2 11.0 200.00 18.00 3 90.0 830.00 33.00 ANISOTROPIC SOIL NOTES: 1) An input value of 0.01 for C and/or Phi will cause Aniso C and/or Phi to be ignored in that range. 2) An input value of 0.02 for Phi will set both Phi and C equal to zero, with no water weight in the tension crack. M:\2004pr-1\0410693\engine-l\gstabl-2\xj-b.OUT Page 2 3) An input value of 0.03 for Phi will set both Phi and C equal to zero, with water weight in the tension crack. Janbus Empirical Coef is being used for the case of c & phi both > 0 A Critical Failure Surface Searching Method, Using A Random Technique For Generating Sliding Block Surfaces, Has Been Specified. 2500 Trial Surfaces Have Been Generated. 3 Boxes Specified For Generation Of Central Block Base Length Of Line Segments For Active And Passive Portions Of Sliding Block Is 25.0 Box X -Left Y -Left X -Right Y -Right Height No. (ft) (ft) (ft) (ft) (ft) 1 26.00 139.00 26.00 130.00 0.00 2 65.00 126.00 110.00 170.00 1.00 3 162.00 198.00 400.00 202.00 0.00 Following Are Displayed The Ten Most Critical Of The Trial Failure Surfaces Evaluated. They Are Ordered - Most Critical First. Safety Factors Are Calculated By The Simplified Janbu Method Total Number of Trial Surfaces Evaluated = 2500 Statistical Data On All Valid FS Values: FS Max = 4.956 FS Min = 2.298 FS Ave = 3.403 Standard Deviation = 0.661 Coefficient of Variation = Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 24.66 139.00 2 26.00 138.22 3 91.57 152.48 4 343.33 201.05 5 344.06 203.83 Factor of Safety 2.298 *** Individual data on the 12 slices 19.44 % 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 Water Water Tie Tie Earthquake Force Force Force Force Force Surcharge Slice Width Weight Top Bot Norm Tan Hor Ver Load No. ft) (lbs) (lbs) lbs) lbs) lbs) lbs) (lbs) (lbs) 1 0.3 4.0 0.0 0.0 0. 0. 0.0 0.0 2 0.1 4.0 0.0 0.0 0. 0. 0.0 0.0 3 0.9 82.7 0.0 0.0 0. 0. 0.0 0.0 4 65.6 73588.0 0.0 0.0 0. 0. 0.0 0.0 5 0.6 1287.4 0.0 0.0 0. 0. 0.0 0.0 6 31.8 85867.1 0.0 0.0 0. 0. 0.0 0.0 7 13.0 45520.2 0.0 0.0 0. 0. 0.0 0.0 8 23.0 90677.1 0.0 0.0 0. 0. 0.0 0.0 9 40.0 159814.1 0.0 0.0 0. 0. 0.0 0.0 10 35.0 118029.9 0.0 0.0 0. 0. 0.0 0.0 11 108.3 176939.6 0.0 0.0 0. 0. 0.0 0.0 12 0.7 125.8 0.0 0.0 0. 0. 0.0 0.0 Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) ft) 1 24.66 139.00 2 26.00 138.22 3 91.57 152.48 4 343.33 201.05 5 344.06 203.83 Factor of Safety 2.298 *** Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) ft) 1 24.66 139.00 2 26.00 138.22 3 91.57 152.48 4 343.33 201.05 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 I I M:\2004pr-1\0410693\engine-l\gstabl-2\xj-b.OUT Page 3 5 344.06 203.83 Factor of Safety 2.298 *** Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 24.66 139.00 2 26.00 138.22 3 91.57 152.48 4 343.33 201.05 5 344.06 203.83 Factor of Safety 2.298 *** Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 24.66 139.00 2 26.00 138.22 3 91.57 152.48 4 343.33 201.05 5 344.06 203.83 Factor of Safety 2.298 *** Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 19.09 139.00 2 26.00 135.20 3 82.39 143.06 4 389.58 201.82 5 389.80 203.97 Factor of Safety 2.315 *** Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 19.09 139.00 2 26.00 135.20 3 82.39 143.06 4 389.58 201.82 5 389.80 203.97 Factor of Safety 2.315 *** Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 19.09 139.00 2 26.00 135.20 3 82.39 143.06 4 389.58 201.82 S 389.80 203.97 Factor of Safety 2.315 *** Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 19.09 139.00 2 26.00 135.20 3 82.39 143.06 4 389.58 201.82 5 389.80 203.97 Factor of Safety 2.315 *** Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. (ft) (ft) 1 19.09 139.00 I I M:\2004pr-1\0410693\engine-l\gstabl-2\xj-b.OUT Page 4 2 26.00 135.20 3 82.39 143.06 4 389.58 201.82 5 389.80 203.97 Factor of Safety 2.315 *** END OF GSTABL7 OUTPUT **** I I I 0 1 O N N L LOt. a w o Mco Q.. N 0 0 L L O aC) o E N d CO w N p, N in r m o c E d O N N m J J ip Om N r ni m L I¢- O m L() r W w z O O L- EzW 2ru U- O r 2 O LOLn COO N O 3 0 J a N o 0O O T 1 1 r 0 1 O 0LO 00 M LOt. O CDM w 0 0 cn o N d CO w N p, r N E d O N N m ti r J ip m 3 N UU O N L() rr w U1 O L- o 2ru U- O r O LOLn O O OC) 00 O 4000 LOt. O r w cn r Q M:\2004PR-1\0410693\ENGINE-1\GSTABL-2\XJ-BS.OUT Page 1 GSTABL7 *** GSTABL7 by Garry H. Gregory, P.E. ** Original Version 1.0, January 1996; Current Version 2.002, December 2001 ** All Rights Reserved -Unauthorized Use Prohibited) SLOPE STABILITY ANALYSIS SYSTEM Modified Bishop, Simplified Janbu, or GLE Method of Slices. Includes Spencer & Morgenstern -Price Type Analysis) Including Pier/Pile, Reinforcement, Soil Nail, Tieback, Nonlinear Undrained Shear Strength, Curved Phi Envelope, Anisotropic Soil, Fiber -Reinforced Soil, Boundary Loads, Water Surfaces, Pseudo -Static Earthquake, and Applied Force Options. Analysis Run Date: 5/13/2005 Time of Run: 2:38PM Run By: SR Input Data Filename: M:XJ-BS. Output Filename: M:XJ-BS.OUT Unit System: English Plotted Output Filename: M:XJ-BS.PLT PROBLEM DESCRIPTION: 041069-02 Lewis Diamond Bar. Section J -J', Sesimic, Prop Buttress. BOUNDARY COORDINATES Note: User origin value specified. Add 0.00 to X -values and 700.00 to Y -values listed. 7 Top Boundaries 14 Total Boundaries Boundary X -Left Y -Left X -Right Y -Right Soil Type No. (ft) (ft) ft) ft) Below Bnd 1 0.00 139.00 25.00 139.00 2 2 25.00 139.00 124.00 185.00 2 3 124.00 185.00 137.00 191.00 1 4 137.00 191.00 160.00 199.00 1 5 160.00 199.00 200.00 204.00 1 6 200.00 204.00 235.00 203.50 1 7 235.00 203.50 400.00 204.00 1 8 25.00 140.00 26.00 130.00 2 9 26.00 130.00 47.00 130.00 2 10 47.00 130.00 70.00 130.00 1 11 70.00 130.00 124.00 185.00 1 12 0.00 110.00 15.00 116.00 1 13 15.00 116.00 40.00 124.00 1 14 40.00 124.00 47.00 130.00 1 Default Y -Origin = 0.00(ft) ISOTROPIC SOIL PARAMETERS 2 Type(s) of Soil Soil Total Saturated Cohesion Friction Pore Pressure Piez. Type Unit Wt. Unit Wt. Intercept Angle Pressure Constant Surface No. (pcf) (pcf) (psf) deg) Param. (psf) No. 1 125.0 130.0 830.0 33.0 0.00 0.0 0 2 120.0 125.0 190.0 32.0 0.00 0.0 0 ANISOTROPIC STRENGTH PARAMETERS 1 soil type(s) Soil Type 1 Is Anisotropic Number Of Direction Ranges Specified 3 Direction Counterclockwise Cohesion Friction Range Direction Limit Intercept Angle No. (deg) Psf) deg) 1 5.0 830.00 33.00 2 11.0 200.00 18.00 3 90.0 830.00 33.00 ANISOTROPIC SOIL NOTES: 1) An input value of 0.01 for C and/or Phi will cause Aniso C and/or Phi to be ignored in that range. 2) An input value of 0.02 for Phi will set both Phi and C equal to zero, with no water weight in the tension crack. M:\2004PR-1\0410693\ENGINE-1\GSTABL-2\XJ-BS.OUT Page 2 3) An input value of 0.03 for Phi will set both Phi and C equal to zero, with water weight in the tension crack. A Horizontal Earthquake Loading Coefficient Of0.150 Has Been Assigned A Vertical Earthquake Loading Coefficient Of0.000 Has Been Assigned Cavitation Pressure = 0.0(psf) Janbu's Empirical Coef. is being used for the case of c & phi both > 0 Trial Failure Surface Specified By 5 Coordinate Points Point X -Surf Y -Surf No. ft) ft) 1 24.66 139.00 2 26.00 138.22 3 91.57 152.48 4 343.33 201.05 5 344.06 203.83 Janbu's Empirical Coefficient (fo) = 1.004 Factor Of Safety Is Calculated By The Simplified Janbu Method Factor Of Safety For The Preceding Specified Surface = 1.263 Table 1 - Individual Data on the 12 Slices*** Water Water Tie Tie Earthquake Force Force Force Force Force Surcharge Slice Width Weight Top Bot Norm Tan Hor Ver Load No. ft) lbs) (lbs) (lbs) lbs) (lbs) (lbs) (lbs) lbs) 1 0.3 4.0 0.0 0.0 0.0 0.0 0.6 0.0 0.0 2 0.1 4.0 0.0 0.0 0.0 0.0 0.6 0.0 0.0 3 0.9 82.5 0.0 0.0 0.0 0.0 12.4 0.0 0.0 4 65.6 73554.3 0.0 0.0 0.0 0.0 11033.2 0.0 0.0 5 0.6 1301.3 0.0 0.0 0.0 0.0 195.2 0.0 0.0 6 31.8 85848.2 0.0 0.0 0.0 0.0 12877.2 0.0 0.0 7 13.0 45515.5 0.0 0.0 0.0 0.0 6827.3 0.0 0.0 8 23.0 90668.8 0.0 0.0 0.0 0.0 13600.3 0.0 0.0 9 40.0 159799.7 0.0 0.0 0.0 0.0 23969.9 0.0 0.0 10 35.0 118017.2 0.0 0.0 0.0 0.0 17702.6 0.0 0.0 11 108.3 176899.5 0.0 0.0 0.0 0.0 26534.9 0.0 0.0 12 0.7 126.8 0.0 0.0 0.0 0.0 19.0 0.0 0.0 Table 2 - Base Stress Data on the 12 Slices*** Slice Alpha X-Coord. Base Available Mobilized No. deg) Slice Cntr Leng. Shear Strength Shear Stress ft) ft) psf) psf) 1 30.20 24.83 0.39 320.80 4.43 2 30.20 25.06 0.15 340.97 11.85 3 30.20 25.56 1.01 404.74 35.30 4 12.27 58.78 67.10 823.22 402.81 5 10.92 91.88 0.63 1399.12 708.53 6 10.92 108.09 32.40 1044.85 908.67 7 10.92 130.50 13.24 1297.87 1178.90 8 10.92 148.50 23.42 1436.88 1327.36 9 10.92 180.00 40.74 1453.55 1345.17 10 10.92 217.50 35.65 1257.11 1135.37 11 10.92 289.16 110.33 708.88 549.84 12 75.29 343.70 2.87 1255.05 174.56 Sum of the Resisting Forces (including Pier/Pile, Tieback, Reinforcing Soil Nail, and Applied Forces if applicable) 327173.09 (lbs) Average Available Shear Strength (including Tieback, Pier/Pile, Reinforcing, Soil Nail, and Applied Forces if applicable) 997.69(psf) Sum of the Driving Forces 260010.41 lbs) Average Mobilized Shear Stress = 792.88(psf) Total length of the failure surface = 327.93(ft) END OF GSTABL7 OUTPUT **** a 97-vo L 0, Lto L o,oto L bb 0'6ZO 9,9LOL 5'000 L 6 6'996 V6 ro CID 9'LL6 Z' 0 6 cd inj La— Cd Z,-Vge 0 0 2* L99 CD ro 0 Ln C14 Q) Lo 0 cu o< cv) 0 Coco t:3cz 4.0 L) 00 Lo 3C) 0 cu o NM sz c c\j cu a) 0 ui n z D CD3: Lo 0 D U-) j I-- LU or Q z c a- w co U) W 00 0 co C\lO0') Lij U) Lu U) 0) z 0 - Lu < -- a) - Lo C13 C) LU F-- - C) < a) U) z CD ro 0 Ln C14 0 0 0 Lo 0 o< cv) 0 4-1 4.0 L) 00 1) > U) z. NM LU L- 0M a) 0 n z D CD3: Lo 0 D U-) j 0 0 0 Lo 0 cv) 0 4-1 4.0 L) 0 0 1) > U) w0coN0 MEN m MEN m MEN m 1111 MEN m m MEN IM I 2"-V60 L Z,Leo L 6' 1801 V*290 L I 1'8201 9*910L 9'L96 Z'V-V6 Ca 0 2'LZ60 O 0 W ca 0'606 U Z'l 69 U5 as T-gLe o. Q. a5 0,299 6'992 P4 OT92 u. P, S\ N L tw V 198 I o LO Q) rInco cz W 0 00 0 O 0 C/) oil= Z U) ct Cd O M c) CD LU z 0 a) co 0 C Cd C C) C14 I 2"-V60 L Z,Leo L 6' 1801 V*290 L I 1'8201 9*910L 9'L96 Z'V-V6 Ca 0 2'LZ60 O 0 W ca 0'606 U Z'l 69 U5 as T-gLe o. Q. a5 0,299 6'992 P4 OT92 u. P, S\ N L tw V 198 I o LO Q) rInco W 0 00 0 O 0 o NLnM Z U) ct ecu O M c) CD LU z 0 a) co 0 C C C) C14 U) > cS ca CIO CD U-1 0 0 U-1 U -i Lu CD Ln Ln I U) W 0 00 0 O 0 o NLnM Z U) ecu O M c) CD LU z 0 a) C) 0 C F— - a) S C) U) > z D z 0 0 0 I n 0 < N* C) C: O M c) D LU C: - M M -0 D 0 C C) 0 z D 0 LX) J0 I D D 00 9,099 + 0 N 1z, n N* 0 L) 1)> D CLD 0 D D 00 9,099 + 0 N 1z, r o _ s e m m m m m m m m m m m m m ® m m m ® m CO a o 9 Q \ y S G / % w Q \ \ \ / O § g § \ b 2 2 / LO \ \ $ 6'Z-924 Q x Qdk 2 2 o K I I Q w Q 2,992 c O R #' Ogg ƒ b 00 p CN U) 2 c m CO -r z 2 / Q 0) f R*gg + U p E j LLJ Q t ± 9762 _ 3 S U < E c CO Z'# B § + 2 — 2 O Q Z'[ 62 6 0 Q E 7 U R 2 2E -Lu 0 3 0 @ O'O g R + m 2 D D g'6# § c f + Z'Z » g / O g'g#§ W Q w g W 09#g w c U @ kb 7 0 U y Q) CO cz? C/) 4-:) Lo o oZ:) T3 ui k- C) LLICD Lu Ui o Lij Q- a- U, C) CO W 00 C) C\lo Lu U) L U U) 2'606< D C) Z z Lul < 6'606 J C) o W cu 0 0 C) a) un VZ06 CA CO Z u 0 0 v> Z'006 L62 0 0 Q) vi 0 uj r- 6*6Z9 U-) x'699 CL 0 < P4 M c) 0Z3 70SLI 0 0 o J 0- 0*092 0 Z D LO C) D T- 0 9'622 0 U-) 0 0 0'6 B P, C), 0D 0 00 Z'929 0 0 0 aj 0) co Ni ZIZ, CD Z; U, QD 03 05 O CDU) D .— ca U) m m m m m m m m m m m m m® m m m m m Q) CJQ C14 C/) Cz, Lr) LO Lli Lu Lli Lu Lij ccCL ci CL zLul C) CO W 00 D N0Ucorn1U) U) 0) . LID 3 CDc) Lz Z z 0 Lli < !-- WF D Q). < S 0706 CO > V'Z06 0 V) CD 4= Z 106 0 2w u 9'006 C7 F CD In a1 CL aJ 0 < 0 E C: c) 00 9,992 0 0 M-0LU " 0 a) oC, Q) 0 P4 U) Z :D 9'Z.-Ve k.0 0 6'OV2 U-) cd 0 0 0 0 0 co 2'622 0 CD co N Iz, U) N 0 L- 4 m m m m m m m m m m m m m® m m m m m i Michael Brandman Associates April 21, 2005 EN V[RONNfFINTAL SFRVICI?S Jim DeStefano, Deputy City Manager City of Diamond Bar, Community Development Services 21825 Copley Drive Diamond Bar, CA Subject: Status Report -iamond Bar Village, G otechnical Drilling Activity Monitoring and n rogress Dear Mr. DeStefano: RESOURCES NLANAC471WNT S Michael Brandman Associates (MBA) is pleased to submit this status report describing the completed geotechnical investigations and on-going restoration efforts at the Diamond Bar Village Site. The anticipated effects of the drilling activity on local vegetation and the recommended precautions and restorative measures conducted thus far were described in letters submitted to the City by MBA and Lawson & Associates Geotechnical Consulting, Inc., in September and October 2004. MBA's most recent letter to the City, dated October 19, 2004, described the final set of avoidance and restoration measures pertaining to the drilling activity. This report documents MBA's observations and the measures taken to minimize vegetation impacts from drilling equipment and re -seed each of the four discrete areas affected. A separate letter is attached hereto from the project arborist, Mr. David Hayes, which provides additional documentation regarding the project's effects on two small oak trees that were pruned to allow equipment to access one of the four drill sites. Also attached, please note the set of "before and after" site photos and the topographic base map that identifies the four access paths to each of the drill sites. Pre -Drilling Activities On November 4, 2004, MBA biologist Karl Osmundson met with Geologists from LGC to confirm the proposed access routes on each of the four slopes. The access routes on the slopes were then flagged to define the limits of clearing. On November 8, 9, and 10, MBA laborers manually cleared vegetation within the flagged pathways in preparation for drilling equipment to access the designated boring sites. Clearing of vegetation was limited to narrow paths, typically less than 12 feet wide, from the base of each slope to the boring sites. Clearing was performed with hand tools to preserve the roots and root crowns of the native shrubs within the cleared areas. No oak trees were disturbed during the general vegetation clearing activities. The concrete drainage ditches on each of the four slopes were filled with soil to permit equipment access. After drilling operations were completed, these ditches were all cleared of fill material. Bakersfield Irvine Sacramento San Bernardino San Diego o San Ramon Santa Cruz Visalia 661.334.2755 714.508.4100 916.296.4857 909.884.2255 619.823.4937 925.830.2733 0 831.262.1731 0 559.739.0400 www.brandman.com e-mail: mba@brandman.com Jim DeStefano, Deputy City Manager City of Diamond Bar, Community Development Services April 21, 2005 Page 2 IDrilling Operations On November 23, 24, and 29, 2004, MBA biologist Karl Osmundson was on site to observe the drilling operations. The monitor assisted the drill rig operators with direction to avoid existing vegetation during drilling activity and equipment moving, giving full attention to safety concerns. No significant impacts were observed and no vegetation was disturbed beyond the flag lines designating the limits of disturbance. Due to safety concerns and equipment limitations it was determined that the equipment could not climb the path up to drill site LGC-B-03. On Monday, November 29, 2004, the project arborist, Mr. David Hayes visited the site to inspect the oak trees situated along the route to drill site LGC-B-02. Mr. Hayes determined that limited pruning of two small coast live oak trees situated adjacent to the access route to avoid tearing limbs off these trees as the rig proceeded up the slope. Under Mr. Hayes' supervision, the MBA biologist pruned several limbs from each of the two oak trees to permit the drill rig to climb up the designated path to the drill site. No additional impacts occurred to any oak trees in the area. The attached letter report prepared by Mr. Hayes provides further documentation of this action. Seed Application On December 26, 2004, MBA ecologist Scott Holbrook performed manual seed application over each of the disturbed pathways and boring locations. The seed material consisted of the full amount of seed for each species listed in Table A below, and substantially as specified in the final restoration plan included in the letter to the City dated October 19, 2004. During the scattering of seed over the disturbed areas, soil was raked lightly to provide a minimal soil cover over the seed. Table A — Seed Palette and Application Rates Botanical Name Common Name Life Form Lbs Applied Artemisia californica California sagebrush Shrub 1.5 Eriogonum fasciculatum California buckwheat Shrub 2.0 Gnaphalium californicum California everlasting Her 0.4 Hazardia squarrosa Saw-toothed goldenbush Sub -shrub 0.4 socoma menziesii* Coastal goldenbush Sub -shrub 2.0 Lotus scoparius Deerweed Sub -shrub 2,0 Lupinus bicolor* Pygmy -leaf lupine Wild flower 1.0 Mimulus aurantiacus Orange -bush monkeytlower Shrub 0.4 Muhlenbergia rigens Deer grass Bunch grass 0.4 Nassella lepida* Foothill needlegrass Bunch grass 0.5 Nassella pulchra Purple needlegrass Bunch grass 3.0 Salvia mellifera Black sage Shrub 0.4 Total Qnarir c not `h rAnrl., .,1..,,J 14.0 ly o served Ll uIc acuvny area out common throughout USS habitat in the region. Jim DeStefano, Deputy City Manager City of Diamond Bar, Community Development Services April 21, 2005 Page 3 Recent Observations Mr. Holbrook inspected the site on January 22, 2005, and observed many native shrubs sprouting from the root crowns left intact by the vegetation clearing and passage of the drill rig. Little evidence of seed germination was observed. However, the heavy storms during late December and January caused no erosion on three of the drill paths (LGC-B-02, -04, -05). Some superficial erosion occurred on the lower part of the pathway leading to drill site LGC-B-03. The site was inspected again on February 8, 2005, following more rainfall and little change was observed. On March 15, 2005, Mr. Holbrook inspected the site again and observed significant germination from several seeded species as well as some weedy herbs. While many of the new plants that germinated were still too small too be readily identifiable, many were easily recognizable. Early sprouts included native needlegrass, sagebrush, monkeyflower, lupine, and a great number of California everlasting. Approximately 30 to 40 percent of the emerging plants were recognized as broad-leaved ruderal species, including mustard, horehound, sow thistle, and chrysanthemum. A small patch of Italian thistle was noted near the base of the path to LGC-B-02, the farthest path from Grand Avenue, as seen in Photo No 13. Virtually all the larger native specimens noted within the cleared pathways, and clearly visible in the photographs, were crown sprouts from the scrub shrubs that were cut prior to the drilling activity, including black sage, sagebrush, monkeyflower, buckwheat, and poison oak. Most recently, on April 19, 2005, MBA inspected the drill paths and laborers used hand tools to pull up the Italian thistle from the pathway leading to LGC-B-02. In addition MBA manually pulled mustard and tree tobacco seedlings along each of the other pathways. Good growth and development of crown sprouts and seeded species was observed. In particular, California everlasting, sagebrush, monkeyflower, black sage and native grass seedlings were evident in greater abundance than during previous inspections in 2005. At present, visual estimates of vegetative cover indicate that the affected area exhibits at least 40 to 55 percent cover. Total cover by weedy species amounts to less than 15 percent of the total area and native cover exceeds 30 to 40 percent throughout the aggregate area. Vegetative cover varies somewhat among the four discrete areas with pathways LGC-B-05 and LGC-B-04 exhibiting nearly identical cover exceeding 55 percent with very low weed cover (Photos 14 -16), while pathway LGC-B-03 exhibits smaller plant size with total cover estimated at slightly less than 50 percent (Photo 17). LGC-B-02 exhibited at least 55 percent cover until the Italian thistle was removed which reduced the total cover to about 30 percent native and less than ten percent weed cover remaining (Photo 18). Site Photographs Photographs were taken of each of the access routes and are provided in the attached Site Photos set for comparison with the pre-existing and cleared condition. Please note that the photo set lacks a photograph of the pre-existing condition of the access path for LGC-B-05, the path closest to Grand Avenue. The only photograph taken prior to clearing was unusable due to excess glare from the sun because it was taken early in the day, facing east. The photographs taken during the March 2005 visit depict the condition of the access paths last month. These photos show the reestablished of vegetation over the paths for LGC-B-02, -04, and -05. The close-up view of LGC-B-03 (Photo 8) indicates plants starting to germinate. Photo 8 also shows the minor erosion rills that occurred on the separate slope segments due to the heavy rains. Please also note that Photo 10 shows that the "v -ditches" on the slope to LGC-B-03 have been cleaned out as compared with the build up of silt material shown in these ditches in Photo 9. Photos 14 through 18, taken on April 19th this year depict the site's current condition Jim DeStefano, Deputy City Manager City of Diamond Bar, Community Development Services April 21, 2005 Page 4 Recommendations Regarding Oak Trees The restoration plan (letter dated October 19, 2004) identified the following condition that established a guideline and requirement to install replacement oak tree plantings "If any tree exhibits a loss of more than 25% of the existing foliar canopy, or evidence of damage to the root system (e.g., moderate compaction) is observed to exceed 25% of the estimated root zone area, replacement plantings will be installed at a rate of 3:1 or as specified by the arborist." We concur with the arborist's report (attached) that the pruning of the two small coast live oak trees (each less than 6" dbh) resulted in a reduction of overall crown (canopy area) of less than 10 percent for each tree. We also concur that no root damage occurred as a result of the drill rig's passage up the access route between these trees. Recent observations indicate that both trees continue to be healthy. Therefore, no replacement planting is needed. Pending Actions MBA shall continue to monitor site progress and take necessary actions to control weed growth within the treated areas. If you have any questions regarding the description of activities or site conditions in this report, please call me at 714.508.4100. Sincerely, Scott Holbrook Project Manger/Resource Ecologist Michael Brandman Associates 220 Commerce, Suite 200 Irvine, CA 92602 SEH: j i HAClient (PN-JN)\0013\00130113\001301 13_Status Report _042105.doe Cc: Peter Lewandowski, EIS Darren McCleve, Lewis Operating Corp. Enclosures: Site Photos (No.1 thru 18) Topographic Base Map Identifying Access Paths and Drill Sites Letter Report Describing Oak Tree Effects SITE PHOTOS Jam. e ° a Y}?. _!.. •(L.,.- t sc J p" i e ei e tiruj'T , Mfr F .. _. ILI Y'Rr i, 1 ,• 5r' Mf - r,,,,JJ,, fj` 11 m W.__C .. tC wt T ;.n - _ .. Photo 1. LGC-B-05 (November 2004, Post -clearing) Photo 2. LGC-B-05 (March 2005) I SA001301 l3 - Diamond Bar Drilling\Status Reports\Photos before and after.doc Photo 3. LGC-B-04 (November 2004, Pre -clearing) FROM 4. LUU-B-04 (March 2005) ISA0013011.3 - Diamond Bar Drilling\Status Repo rts\Photos before and after.doc Photo 5. LGC-B-03 (September 2004, Pre -clearing) S:\00130113 - Diamond Bar Drilling\Status Reports\Photos before and after.doc yam. _ f •' .. 9'. . .. - 1 a7k `^ .:' .54 tt i fit . N .: ., • L , , P r•.`. jR yY "" ° pyo ,, K:. eye d ' 0.'1 • V,)) fi f 1 MZ t• ,jy^.i at o Photo 6. LGC B-03 (November 2004, Post -clearing) S:\00130113 - Diamond Bar Drilling\Status Reports\Photos before and after.doc Photo 7. LGC-B-03 (March 2005) rnoto a. i, f1--n-u3 Ulose up (March 2005) SA00130113 - Diamond Bar Drilling\Status Reports\Photos before and after.doc rte '" '''._ . , 'a y y -- .:, - .. a ,f11 1 iia ( 1 .. '}' .[ 4q`',$ q 4.. 4t41.; A Photo 9. LGC-B-03 facing downhill (November 2004) I _ FV to Photo 10. LGC-B-03 facing downhill (March 2005) 5:\001301 l3 - Diamond Bar Drilling\Status Reports\Photos before and after.doc Photo 11. LGC-B-02 (September 2004) r`',. Sd+ `f <Tit 4,% . •.c , 1, 2 jam-_ gyy ON- nh`v 4 y 21s IV i r r r _ ,p. it G< ,7 i 65 2• 'h/ Il.y.. .l;e. J", _„ Ir' d;' .. 'N . , Photo 12. LGC-B-02 (November 2004, Post -clearing) SA00130113 - Diamond Bar Drilling\Status Reports\Photos before and after.doc CIO Photo 11. LGC-B-02 (September 2004) r`',. Sd+ `f <Tit 4,% . •.c , 1, 2 jam-_ gyy ON- nh`v 4 y 21s IV i r r r _ ,p. it G< ,7 i 65 2• 'h/ Il.y.. .l;e. J", _„ Ir' d;' .. 'N . , Photo 12. LGC-B-02 (November 2004, Post -clearing) SA00130113 - Diamond Bar Drilling\Status Reports\Photos before and after.doc Photo 13. LUU-B-02 (March 2005) Note Italian thistle along the right side CURRENT PHOTOS - APRIL 19 2005 Rr -; n" L0. 47 SA00130113 - Diamond Bar Drilling\Status Repo rts\Photo s before and after.doc rcn.f(t.`1 Photo 14. LGC-B-05 (April 2005) SA00130113 - Diamond Bar Drilling\Status Repo rts\Photo s before and after.doc 41 Photo 15. LGC-B-05 Upper section (April 2005) Photo 16.LGC-B-04 (April 2005) _ SA00130113 - Diamond Bar Drilling\Status Reports\Photos before and after.doc ey ! d. t , F1^ .S $ii 'x •,•}.' ,; z + i Nr p. Awa gin 4 ' Pt` ro"-' w%: 191 s vyr Photo 17. LGC-B-03 (April 2005) Photo 18. LGC-B-02 (April 2005) Italian thistle debris left to decompose on right. S:\00130113 - Diamond Bar Drilling\Status Reports\Photos before and after.doc N Q / j//// / (j 1 I 1 — / QlotV ,/ O LU V) r j z LD k-Ko.z..z 0 0 op a j/%%//I'/ IIIj' 1 A,.' j _ —m o c) W W W/ /// // // ! i x, i / In In Co 0 O * /'I i !I'II / / o c'o po 0 Cl- CL Uj Ix osolzol, aaaao W CIL Cl - o Lu I I [0 / ew j i i 11 1 - ` \ ii' v ° a W W W U Q r U lj CD l _ wuj z to co . az-0Cn w —' '00V \ 4 \v. , % <<1, I m V w • V L O co co 05 E 0 cm IL i;' oOf 0O 10 4. II! wc) 113 / I t IJ CO CU w j%/ -" H /' o ( I- 4;rl IIII 3 III I j IILL VolI . r 'til I I VVVT r'[ ' I, I I ' I <° A II iI I` - . f / / '`, - / -, / I II I III ` ( 111 1j' 1 - L... 1-- I II \ I I } I 'I J I w - - b.X OS.G 2JlClJO yy ..( I s h a\ 1 k ^/ moi j j - e/ ' %/ Y•'/ I/ 17 Al 77 11 j neo 11 W m r m m m r so m m m m w m r m r ad ao 02 F C c m Q J LIL -0 C_ CL •L 00 L CL C'r r david hayes CONSULTING ARBORIST 1124 N. Lindendale Avenue Fullerton, CA 92831 December 5, 2004 Michael Brandman Associates 220 Commerce Drive, Suite 200 Irvine, CA 92602 ATTN: Scott Holbrook Subject: Consulting Arborist Report, MBA Project No. 000130113 Dear Mr. Holbrook; On Monday, November 29, 2004, 1 observed the pruning of two small oak trees to allow for passage of a drilling rig at site LCG-B-02. The trees are established on top of existing earth berms on each side of the drilling route. Tree Number 1 is a Coast Live Oak (Quercus agrifolia), low branching, approximately 15 feet in height and three inches in diameter at standard height (54 inches above grade). Tree Number 2 is also a Coast Live Oak, multi -stemmed and low branching, approximately 18 feet in height. The two larger stems are five inches and four inches in diameter at standard height. To allow passage of the drilling rig, minimal pruning in accordance with standards of the International Society of Arboriculture was performed. Four small branches, less than two inches in diameter, were removed from Tree Number 1. On Tree Number 2, three branches of about 1-1/2 inches in diameter and one branch 2-1/2 inches in diameter were removed. The overall crown reduction in each case is less than 10 percent. No root damage occurred as a result of passage of the drilling rig or from other activity. In my opinion, the structure of both trees was improved. Prospects for recovery and thriving survival are excellent. The observed effects stated above are considerably less than the threshold which would necessitate replacement planting. The contingency requirement for replacement planting and the impact threshold was described in MBA's letter dated October 19, 2004, as follows: If any tree exhibits a loss of more than 25% of the existing foliar canopy, or evidence of damage to the root system (e.g., moderate compaction) is observed to exceed 25% of the i . LS................. _ 1£ i _ . €4 { s; &s s iZ £ j ft E ) dz4 ... ..... .. ......... ............... -ry estimated root zone area, replacement plantings will be installed at a rate of 3:1 or as specified by the arborist." As the loss of canopy was much less than the threshold limit and no root damage occurred as the result of the equipment movement, no mitigation is required. Therefore, replacement planting is not recommended. Should you have any question concerning this report, please call me at (714) 686-7054. 1 Respectfully submitted, David Hayes, ASCA, ASLA Consulting Arborist Certified Arborist WE -1053-A Attachments (4) G- r bi 7 3 iS. -'..13 i si r : #t3 .`. :...... €@4. _ '.;t... €-i..S.x E ... 5. 1: s`— r`' ,r. % , i• , + , , Sri , w e' " " y tet., iOr/ A oil 4111 r . si "T• Y to 1• t" k1. twt 1`9.'2pR s ty r. `(f % , may^ 7'Y re 9r r 7-,T i4r.t3 _' IRf .7'// r/fr •• 'J w.. w •' w As lir. v'°t Yi y+ lf ! 4 y i F . r'S Rif , # ., '+Aiyt a t' ! c Fr na _'P '1• i+r., ,,..' E r.: x4+' u } R'4sb'`g, 's'tit 33pwe ti,ar• +' e . t s.ai}S s, .''; . r q a• 4 td- ,^k¢ 4(T • „.= ;u_4 i a." t. r r r5' _. . r t r X. + f • -a" i :h.\ Ir Y' 4y '!! a• 1. vl 41 aim- 1 1 _. - 1,' r`' ,r. % , i• , + , , Sri , w e' " " y tet., iOr/ A oil 4111 r . si "T• Y to 1• t" k1. twt 1`9.'2pR s ty r. `(f % , may^ 7'Y re 9r r 7-,T i4r.t3 _' IRf .7'// r/fr •• 'J w.. i i Irl jw 241. y M. ,> ty yd t lin -J 1' t - Y u ; , S Vit, > f . fit ! fr' IYiC +il[r•n IN Y 1 •t7"'r'f' •' ' ' f . J .. J cry ,>, o•„x,• '}?., , ,.,• i ar , t . AAS J 3K iL L., r'!P'"• rt t S lBe:.i L 4•f t.• -- .. T- 14.4 1 5. Base of Tree No.2 before pruning. I I 41gt °' • .t l`rs" ti . e lts '; a,A ; '%' s r• T a• r :•,' lair . . :• ' <, - J• S • i).,j l'}' rl .+: Jj f:.. 0 / lfAt'ytir' s a 4 it w .ryb q 4 '1 4 ode t.•. .. r th j l/,Ii .'Vr,l i 4c - i'#•t.'11,,j•e,'', .. : ., INV CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On April 15, 2005, 1 personally posted a copy of the Notice of Public Hearing regarding Conditional Use Permit No. 2005-03/Development Review No. 2005-16 (Target stores) for property located at the Southeast Corner of Grand Avenue and golden Springs Road - APN 8293-045-006 through 009, to be heard before the Planning Commission on April 26, 2005, a copy attached hereto, at the following locations: . Diamond Bar City Hall, 21825 E. Copley Drive 1061 Grand Avenue (Diamond Bar Library) 21070 Golden Springs Drive Community Board (JoAnne's Fabric) 1235 Diamond Bar Blvd. Community Board (Albertson Shopping Center) I declare under penalty of perjury that the foregoing is true and correct. Executed on April 15, 2005, at Diamond Bar, California. Stella Marquez Community and Development Services Dept. g: \\s\aRidavitposting. doc k z t h 7 .,r r '_ Fs S x .r7. .y ,. .._r : a.•... >H.,. S G S if " 3 a NOTICE OF PUBLIC HEARING City of Diamond Bar, 21625 Copley Drive, Diamond Bar, CA 91765 TO: Property Owners within a 700 -foot radius of subject site FROM: City of Diamond Bar, Planning Commission NOTICE IS HEREBY GIVEN: pursuant to State law, that a public hearing will be held by the Planning Commission to determine whether or not the subject request shall be approved under the provisions of State law and the City ofDiamondBarDevelopmentCodeasfollows: DATE AND TIME OF HEARING: Tuesday, April 26, 2005, 7:00 P.M. (or as soon thereafter that the matter can be heard) PLACE OF HEARING: South Coast Air Quality Management District/Government Center Auditorium 21825 Copley Drive, Diamond Bar, CA 91765 SUBJECT: Conditional Use Permit No. 2005-03/Development Review No. 2005-16 REQUEST: Conditional Use Permit No. 2005-03/Development Review No. 2005-16 — A request to construct a Target Store approximately 130,000 square feet on 10.63 acres of land in the Diamond Bar Village Specific Plan area, located at the southeast corner of Grand Avenue and Golden Springs Road. PROJECT ADDRESS: Southeast corner of Grand Avenue and Golden Springs Road - Assessor's Parcel Number8293-045-006 through 009 _ PROPERTY OWNER: Hidden Manna Corporation, 22324 Golden Springs Drive, Diamond Bar, CA APPLICANTS: Ali Kareem, Target Stores, 1000 Nicollett Mall, Suite TPN -12F, Minneapolis, MN, and GreenbergFarrow, 15101 Red Hill Avenue, Suite 200, Tustin, CA Environmental Determination: On June 29, 2004, the City Council approved and certified an Addendum to thepreviouslycertifiedEnvironmentalImpactReport. None of the elements set forth in Public Resource Code Section21166orSection15162oftheCEQAGuidelinesexists, therefore, no subsequent or supplement Environmental ImpactReportorMitigatedNegativeDeclarationisrequiredtobeprepared. Published in: San Gabriel Valley Tribune: April 15, 2005 Inland Valley Daily Bulletin: April 15, 2005 If you are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community and Development Services Department/ Planning Division at the address given below. To preview case materials or for further information on this subject please contact the Planning Division at (909) 839-7030. If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. CASE MATERIALS are available for review between 7:30 a.m. and 5:30 p.m. Monday -Thursday, and 7:30 a.m. to 4:30 p.m. Friday at the City of Diamond Bar Community and Development Services Department/Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765 (inside the SCAQMD/Government Center building). AREA MAP: (not to scale) North I Subject Site Space below for us County Clerk only) INLAND VALLEY DAILY BULLETIN formerly the Progress Bulletin) 3 2041 E. 4th Street Ontario, CA 91764 S PROOF OF 201 STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation printed and published daily for the City of Pomona, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of June 15, 1945, Decree No. Pomo C-606. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 4/15/05 I declare under penalty of perjury that the foregoing is true and correct. Executed at Ontario, San Bernardino Co. California this I5_ day of APRIL 20 05 l 12 n n'Ic signMure PUBLICATION 5 NOTICENOTICEIHEREBYGIVEN BY THE CITY PUBLIC HEARING.5 C.C.P. OF DIAMOND BAR that The PlanningCommissionwillconductapublichearingonthefollowingitemtodeterminewhetherornot. the subject project shall be approved under the Provisions of State law and the City of DiamondBar's Development Code: Conditional Use Permit No. Proof t 2005-03/Development Review No. 2005-16 . ArequesttoconstructaTargetStore 63 acresofplalandthe) Diamon00 square Bareet Village Spec fic Plan area, located at the southeast corner oflGrandAvenueandGoldenSpringsRoad. PROJECT ADDRESS: Southeast corner csssarandre00oouAsor''Avenue Nube8293-45-06 hrg009 PROPERTY OWNER: Hidden Mann, Corporation, 22324 Golden Springs DriveDiamondBar, CA APPLICANTS: Ali Kareem, Target Stores, 100NicollettMall, Suite TPN -121`, Minneapolis, MN apd Greenberg Farrow, 15101 Red Hill AvenueS[ ite 200, Tustin, CA Environmental Determination: On June 292004, the City Council approved and certified orAddendumtothepreviouslycertifiecEnvironmentalImpactReport. None of the elements set forth in Public Resource CodeSection21166orSection15162oftheCEQAGuidelinesexists, therefore, no subsequent or supplement Environmental Impact Report orMitigatedNegativeDeclarationisrequiredtobeprepared. If you are unable to attend the public hearing, but wish to send written comments, please writetotheDiamondBarCommunityandDevelopmentServicesDepartment/PlanningDivisionatTheaddressgivenbelow. You mayalsoobtainadditionalinconcerningthesecasesbyphoning (909) 839-7030. If you challenge this application and project incourt, you may be limited to raising only thoseissuesyouorsomeoneelseraisedatthepublichearingdescribedinthisnotice, or in written correspondence delivered to the PlanningCommissionat, or prior to, the public hearing. TIME OF HEARING: 7:00 'p.m. (or as soonthereafterthatthemattercanbeheard) DATE OF PUBLIC HEARING: Tuesday, April26, 2005 LOCATION: South Coast Air Quality Management District/ Government Center Auditorium 21865 Copley Drive Diamond Bar, California 91765 CASE MATERIALS: Are availablebetwefor review) Monday throughough Thursday and7:30 q.m.3tto 4: 0P.m. on Friday, at the City of. Diamond BarDepartmentofCommunityandDevelopmentServices, Planning Division, 21825 Copley Dr., Diamond Bar, CA 91765 and Diamond BarPublicLibrary, 1061 S. Grand Ave., DiamondBar, CA 91765, Published: April 15, 2005 #27612 9 I 10paue ueluW lur us UUMIly UlerK ullly? SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 PROOF OF PUBLICATION 2015.5 C.C.P.) STATE OF CALIFORNIA Proof of Publication of County of Los Angeles I am a citizen of the United States, and a resident Paste Clipping of Notice of the county aforesaid; I am over the age of SECURELY in this space. eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation ACCOUNT 1L3965666 by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The AD NUMBER A5847 notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: t1r3 4/15/05 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this 15 day of APRIL 20 05 t signature 5 NOTICE OF PUBLIC HEARONG NOTICE IS HEREBY GOVEN By 7HE CITY OF DIAMOND fBAEZ that the Planning Commission will conduct a public hearing on the following item to determine whether or not the subject proiect shall be approved under the provisions of State law and the City of Diamond Bar's Development Code: Conditional use Permit No. 2605-03/ Development Review No. 2005-16 - A request to construct a Target Store approximately 130,000 square feet on 10.63 acres of land in the Diamond Bar Village Specific Plan area, located at the southeast corner of Grand Avenue and Golden Springs Road. PROJECT ADDRESS: Southeast corner of Grand. Avenue and Golden Springs Road - Assessor's Parcel Number 8293-045-006 through 009 PROPERTY OWNER: Hidden Manna Corporation, 22324 Golden Springs Drive, Diamond Bar, CA APPLICANT: Ali Kareem, Target Stores, 1000 Nicollett Mall, Suite TPN -12F, Minneapolis, MN, and Greenberg Farrow, 15101 Red Hili Avenue, Suite 200, Tustin, CA Environmental Determination: On June - 29, 2004, the City Council approved and certified an Addendum to the previously certified Environmental Impact Report. None of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the CEQA Guidelines exists, therefore, no subsequent or supplement Environmental Impact Report or Mitigated Negative Declaration is required to be prepared. If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar - Community and Development Services Department/Planning Division at the address given below. You may also obtain additional by phoning concerning 909) 839-7030thesecase If you challenge this application and proiect in court, you may be limited to raising only those issues You or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. orr as oonIME OFPth eafterLICEthat the matter can be heard) DATE OF PUBLIC HEARING: Tuesday, April 26, 2005 LOCATION: ()South Coast Air Quality Management, District/ Government i Center, Auditorium, 21865 E. Copley Drive, Diamond Bar, CA 91765 for rreview betweenSE 1pavailableLS: Are the hours of7 3a.m. and 5:30 P.M. Monday through Thursday and 7:30 a.m. to 4:30 P.M. on Friday, at the City of Diamond Bar, Department of Community and Development Services, Planning Division: 7189.:, Copley Drive, Diamond Bar, CA 91765 cnd Diamond Bar Public Library, 1061 S. Grand Ave., Diamond Bar, CA 91MS. Publish: Aprl1 15, 2305 Smn Gcbriei Valley Trit-,= Q] 20_105047 Carol Herrera Mayor Bob Zirbes Mayor Pro Tem Wen P. Chang Council Member Jack Tanaka Council Member Steve Tye Council Member Recycled paper September 29, 2006 t City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91765-4178 909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com Mr. Tom Loyas Target Stores 1000 Nicollet Mall, TPN -12B Minneapolis, Minnesota 55403 Subject: Traffic Impact Fess for Target (T-2179) - City of Diamond Bar, CA 91765 Dear Mr. Loyas: On September 19, 2006, the City Council approved Development Agreement Amendment No. 2 modifying the payment amount and schedule for the fair share traffic fees. Target's fair share traffic fees are $406,088.26 and must be paid prior to release of occupancy. To date we have not received said payment. Please remit a check to that amount by Tuesday, October 3, 2006, before 10:00 a.m. Pacific Time. Thank you for your immediate attention to this matter. Since Nancy Fon( Community Director Cc: Kareem Ali, Target Stores — Via Fax: 714/841-5392 James DeStefano, City Manager David Liu, Public Works Director Building and Safety Wen P. Chang wnyo/ Deborah H. O'Connor NtyotPic; Carol Herrera n'mrV r bm nck Tanaka ovnrl'/nhr' Rob Zir6es August 23,2OOS Mr, Steve Hage Target Corporation 10OONicoUetMail Minneapolis, MN554O3 21825 Copley Drive - Diamond fiat-, CA 91705-4 178 RE: Bond Amounts Diamond Bar Target Dear Mr. Hage 909)839-7000' Fax (9K09)861'Jl17 w°wz/ty^/ou*^oua^,xvm The City of Diamond Bar is requesting a 10016 of Improvements for Faithful Performance Bond and a 100% of Improvements for Labnr& Materials Bond in thoannourdobe|nw,- Street Improvements Drainage |nnprove nnenbs Erosion Control, Landscaping &Irrigation Non -District Water Improvements Non -District Sewer Improvements Grading 1.080.51034 S375.336 36 24,419.79 188.113-36 99,485.98 278.753.00 Please feel free to call me with any questions at (909) 839-7044. Sincerely, Kimberly Molina Assistant Engineer CC: City Clerk Nancy Fong, Planning Manager Wen P. Chang Mayor Deborah H. O'Connor Mayor Pro Tem Carol Herrera Council Member Jack Tanaka Council Member Bob Zirbes Council Member Rep -clod paper June 23, 2005 City of Diamond Bar 21825 Copley Drive - Diamond Bar, CA 91765-4178 909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com Mr. Kareem Ali Target Corporation 1000 Nicollett Mall, Suite TPN -12F Minneapolis, MN 55403 Regarding: Proposed Target Project located on Grand Avenue at Golden Springs Drive — Planning Commission Resolution No. 2005-18 Conditional Use Permit 2005-03, Development Review 2005-16) Dear Kareem: We are in receipt of a letter dated June 21, 2005 from Walt Mitchell of Lewis Retail Centers wherein Mr. Mitchell has requested consideration of an encroachment into the public right-of-way and use of soil nails for the retaining walls. In addition, we have been asked to clarify our position regarding the use of a Lot Line Adjustment in lieu of a Parcel Map for the development. 1. Subject to the final approval of engineering plans, geotechnical reports, and specifications, the City of Diamond Bar will approve an encroachment agreement and covenant for the proposed soil nails which will support the retaining wall as shown on the attached Exhibit B prepared by DRC. Such plans shall address concerns of stresses induced to the soils, utilities (street lights, traffic signal lights, gas lines, storm drains, sewers, dry utilities, etc.) or other public improvements within the right-of-way by the soil nails. Additionally, plans shall provide adequate evidence that the soil nails will not interfere with existing underground services and utilities listed above. 2. Based upon existing soil conditions, the "Restricted Use Area" RUA) along Grand Avenue may be removed as outlined in the letter from Leighton and Associates dated June 16, 2005 (Exhibit A). Upon approval of geotechnical reports addressing the RUA and after completion of the new retaining wall and soil remediation work as directed by Leighton, the developer will file the proper vacation documents for the release of the RUA from all conditions, maps and documents. At such time, the City will process the removal of all encumbrances related to the RUA and approve the documents to be forwarded for final recordation. 3. The Planning Commission Resolution No. 2005-18 approving the Target development project included conditions related to the future submittal of a Parcel Map or Tract Map for the necessary realignment of parcel lines in order to support the proposed parcel configurations. Since the Commission approval, Lewis/Target has determined that a Lot Line Adjustment process would more appropriately serve their interests. A Lot Line Adjustment application has been submitted to the City and is currently going through the review and approval process. The submitted LLA application meets the purpose and intent of the Planning Commission decision to approve the project and will substitute for the tentative and/or parcel map condition wherever noted in the Resolution. Should you have any questions, please do not hesitate to contact me at 909) 839-7030 or David G. Liu, Public Works Director who may be reached at (909) 839-7040. Sincerely,--, rte. James DeStefano Assistant City Manager Attachments Cc: David Liu, Director of Public Works Dennis Tarango, Building Official Nancy Fong, Planning Manager Walt Mitchell, Lewis Retail Centers 1 Leighton and Associates, Inc. A LEIGHTON GROUP COMPANY June 16, 2005 To: Lewis Investment Company, LLC 1156 Norch Mountain Avenue Upland, California 91785-0670 Attention: Mr. Walt Mitchell Project No. 020849-001 Subject: Geotechnical Consideration for the Use of Soil Nail Stabilized Retaining Walls, and Restricted Use Area Issues, Proposed Mixed -Use Commercial/Retail Development, Southern Corner of Grand Avenue and Golden Springs Drive, City of Diamond Bar, California Reference: Leighton and Associates, Inc., 2004, Geotechnical Investigation, Proposed Residential and Commercial Development, Southern Corner of Grand Avenue and Golden Springs Drive, City of Diamond Bar, California, Project No. 020849-001, dated November 11, 2004 Leighton and Associates, Inc. has provided geotechnical consulting services during design of the proposed mixed use commercial/retail development at the southern corner of Grand Avenue andGoldenSpringsDriveinthecityofDiamondBar, California. We understand that part of the planned development for the Target Store to be constructed onsite includes construction of a soil nail stabilized earth retention system for the planned walls adjacent to Grand Avenue on the northeast side of the site. A portion of this wall will be constructed in an area currently shown as a "Restricted Use Area" due to the presence of old artificial fill and soft alluvial soils in this area. We anticipated during our referenced preliminary geotechnical investigation, that special construction measures would be necessary in this area to protect Grand Avenue during removaloftheoldartificialfillandsoftalluvialsoils. Soil nails of this type have been used successfully on numerous projects in Southern California to provide stabilization where tall cuts were required below existing improvements M1 10532 Acacia Street, Suite B-6 Rancho Cucamonga, CA 91730 909.484.2205 Fax 909.484.2170 www.leightongeo.com 020849-001 Leighton and Associates has met with a contractor who specializes in the design and construction of soil nail stabilized excavations. We discussed the use of soil nails to stabilize the cut along Grand Avenue during removal of the old fill and alluvial soil and we provided geotechnical design parameters to the contractor for preliminary design purposes. We understand the soil nails would be deep enough below Grand Avenue such that they would not interfere with or impact any existing underground services (storm drain, sewer, wet and dry utilities, etc.). It is our opinion that the proposed wall along Grand Avenue would be a good application for the use of soil nails. The Restricted Use Area present along this slope was established during the previous rough grading of the site (1980's). At that time, the contractor could not make removals of older, possibly compressible fill soil present in this area without excavating a steep temporary slope below Grand Avenue. The planned construction of the Target store now encroaches into the Restricted Use Area. With the soil nail walls in place to stabilize the slope below Grand Avenue, we expect to be able to make adequate removal of the compressible soil within the Target building footprint and eliminate the need for this Restricted Use Area. The general conditions of the Restricted Use Area are discussed in our geotechnical report for the site (Leighton and Associates, 2004). If you have any questions regarding our opinion regarding the use of soil nails to stabilize the proposed cut along Grand Avenue, please call us at your convenience. Respectfully submitted, LEIGHTON AND ASSOCIATES, INC. 0Ess/O Philip A. Buchiarelli, CEG 1715 c. S4, Ty Fyc Senior Associate Geologist W No.46222 Exp. 12-31-010 l9jFOF CAL FDavid C. Smith, RCE 46222 Vice President/Principal Engineer DCS"PB/rsh Distribution: (4) Addressee om-m (vu) Daze v] 'am m3wvw oavnnroe usm, isv3 ccw ® EuuoM fuel 64 M/K 4'<l 6uwu0v3 MY C '?a 'a ae#1 J ueoeag u mdo osaQ — N01i 1: OH imm WN 708 ,11i MIMA d0 SMA , wo We CEWNVM wOILYHOdHOO IMHV V H F I H O N N Poll. "z.oa ---- Ay I cy 00 s et .„ _ 0.00 I , 1 F: - ie n _ til I I iIr ' I \ II Q i cn i. II Q: O I l II ' O O O Q oo l 'I iJ1 O it 7 o O OI I 0 j r I I I x a v 11 IIIIt r ll I 000/ GOLDEW SP-- R CJIGS 00+91 a IW V H F I H O N N Poll. "z.oa ---- Ay I cy 00 s et .„ _ 0.00 I , 1 F: - ie n _ til I I iIr ' I \ II Q i cn i. II Q: O I l II ' O O O Q oo l 'I iJ1 O it 7 o O OI I 0 j r I I I x a v 11 IIIIt r ll I 000/ GOLDEW SP-- R CJIGS 00+91 Wen P. Chang Mayor Deborah H. O'Connor Mayor Pro Tem Carol Herrera Council Member Bob Zirbes Council Member Recycled paper I June 1, 2005 Mr. Kareem Ali Target Corporation 1000 Nicollett Mall Suite TPN -12th Floor Minneapolis, MN 55403 City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765 4178 909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com SUBJECT: DEVELOPMENT REVIEW 2005-16 AND CONDITIONAL USE PERMTI 2005-03 - AGREEMENT TO PAY CONTRACT AND REQUIREMENT OF ADDITIONAL FEES Dear Mr. Ali: As you know, the Planning Commission approved your development project with conditions on April 26, 2005. The City sincerely hopes that the review process has been a positive experience for you. A condition of approval requires applicant/developer to sign an "Agreement to Pay" contract and the deposit of additional processing fees. The contract is to ensure that the applicant/developer will pay staff time and city's consultants to process your development project through the various plan checks, environmental mitigation monitoring, permit issuance, inspections and final occupancies. Attached for your reference is a letter from Engineering requesting an additional 40,000 for Engineering plan check. Planning is requesting $10,000 for design, landscape, and lighting plan checks, and any environmental monitoring. The fees at this time is $50,000 and to be submitted in two installments of $25,000 each. Please sign the attached "Agreement to Pay" contract and return to Planning Division on or before June 20, 2005, with the first installment. If you have any questions regarding call me at (909) 839-7081. Sincer C o AICP Planning M nager the agreement to pay, please do not hesitate to cc: Jim De Stefano, Assistant City Manager Fred Alamolhoda, Senior Engineer Kimberly Molina, Assistant Engineer Walt Mitchell, Lewis Operating Corp. attachment May 5, 2005 Mr. Kareem All Target Corporation 1000 Nicollett Mall Suite TPN -12th Floor Minneapolis, MN 55403 City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 909) 839-7000 - Fax (909) 861-3117 www.CityofDiamondBar.com Subject: Diamond Bar Target Public Works/Engineering Plan Check Dear Mr. Ali: The City of Diamond Bar Planning Commission approved the Diamond Bar Target Project on April 26, 2005. This approval enables the project to proceed with plan check for permit issuance. In order for the Public Works/Engineering Division to process the reviews of geotechnical reports, grading plans, retaining wall plans, hydrology studies, storm Wen P. Chang drain and sewer plans, as well as other reviews performed by this division, a Mayor deposit of $40,000 is required. At the completion of the project and issuance of the Deborah H. O'Connor certificate of occupancy, any remaining balance in the account is refundable. Mayor Pro Tem Please remit payment within ten (10) business days from the date of this letter to: Carol Herrera Council Member City of Diamond Bar Public Works/Engineering Division Bob Zirbes Attn: Kimberly Molina Council Member 21825 Copley Drive Diamond Bar, California 91765 If you have any questions regarding this matter, please contact me at (909) 839- 7044. You may also contact Fred Alamolhoda, Senior Engineer at (909) 839-7043 as well. Sincerely, Kimberly Molina Assistant Engineer CC: Fred Alamolhoda, Senior Engineer Recyded pipe. Wen P. Chang Mayor Deborah H. O'Connor Mayor Pro Tem Carol Herrera Council Member Bob Zirbes Council Member Recycled paper May 4, 2005 City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondBar.com Target Corporation Attention: Kareem Ali 1000 Nicollett Mall, Suite TPN -12F Minneapolis, MN 55403 VIA CERTIFIED MAIL fo W Re: Conditional Use Permit No. 2005-03 and Development Review No. 2005-16 for property located at the Southeast Corner of Grand Avenue and Golden Springs Drive, Diamond Bar, CA (APN 8293- 045-006 through 009) Dear Applicant: On April 26, 2005, the City of Diamond Bar approved the above - referenced project. Enclosed please find a certified copy of Planning Commission Resolution No. 2005-18 for your records and an Affidavit of Acceptance for the Resolution. Please have the Affidavit signed and notarized and return it to the Planning Division at the address locatyd above. Thank you for your cooperation. Should you have any questions, please contact me at (909) 839-7030. Sincerely, Stella Marquez, Send ministrative Assistant to Nancy Fong, Plannih 0anager cc: Walt Mitchell, Lewis Operating Corp. Nancy Fong, Planning Manager Public Works Division Building and Safety Division Enclosures Dear City of Diamond Bar, I am opposed to a new Target location at Grand Avenue and Golden Springs Road. That area does not need: 1. More traffic. 2. More traffic delays. 3. More road construction. 4. More trucks and deliveries. 5. More air pollution. 6. More noise. 7. More trash. From my home of 20 years, I can hear Grand Avenue traffic 24 hours a day. It has become so loud and offensive that I can no longer open my windows. At this time, the traffic and noise levels are already unbearable. A Target at that location will only make it intolerable. It will also reduce residential property values. I am pleading with you to reject this proposal. Sincerely, Patricia Ziemba 22901 True Grit Place Diamond Bar, CA 91765 April 23, 2005 City of Diamond Bar Community and Development Services Department o - s Planning Division p 21825 Copley Drive Diamond Bar, CA 91765 Dear City of Diamond Bar, I am opposed to a new Target location at Grand Avenue and Golden Springs Road. That area does not need: 1. More traffic. 2. More traffic delays. 3. More road construction. 4. More trucks and deliveries. 5. More air pollution. 6. More noise. 7. More trash. From my home of 20 years, I can hear Grand Avenue traffic 24 hours a day. It has become so loud and offensive that I can no longer open my windows. At this time, the traffic and noise levels are already unbearable. A Target at that location will only make it intolerable. It will also reduce residential property values. I am pleading with you to reject this proposal. Sincerely, Patricia Ziemba 22901 True Grit Place Diamond Bar, CA 91765 0 GOLDEN SPRONCIS April 12, 2005 Nancy Fong City of Diamond Bar Diamond Bar, Ca. 91765 Dear Mrs. Fong, I* This letter is authorizing Lewis Development Company and Target Stores to apply for the needed building permits to be used on our property. Sincerely, 7DI Goddard Assistant Pastor DG/hm 22324 Golden Springs Drive, Diamond Bar, CA 91765-2449 (909) 396-1884 Dr. Raul Ries, Pastor