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HomeMy WebLinkAbout04/26/2022PLANNING COMMISSION AGENDA ______________________________________________ Tuesday, April 26, 2022 6:30 PM PUBLIC ADVISORY: Consistent with State Assembly Bill 361, members of the Planning Commission may be present or participate telephonically. Members of the public are encouraged to participate and address the Planning Commission during the public comment portion of the meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are recommended. _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting From Home: Members of the public can observe the meeting by calling +1 (631) 992 -3221 , Access Code: 807-255-469 or visiting https://attendee.gotowebinar.com/register/65396580900 29045517 . How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to Planning@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read into the record at the meeting, up to a maximum of five minutes. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://a ttendee.gotowebinar.com/register/6539658090029045517 . Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission Meeting, please contact the Community Development Office (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available upon request the day following the Planning Commission Meeting. CHAIRPERSON RAYMOND WOLFE VICE CHAIRPERSON KENNETH MOK COMMISSIONER NAILA BARLAS COMMISSIONER MAHENDRA GARG COMMISSIONER WILLIAM RAWLINGS City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT Members of the public may address the Planning Commission on any item of business on the agenda during the time the item is taken up by the Planning Commission. In addition, members of the public may, during the Public Comment period address the Planning Commission on any Consent Calendar item or any matter not on the agenda and within the Planning Commission’s subject matter jurisdiction. Any material to be submitted to the Planning Commission at the meeting should be submitted through the Minutes Secretary. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. The Chairperson may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any o ther relevant consideration. Speakers may address the Planning Commission only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the Planning Commission. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION Agendas for regular Planning Commission meetings are available 72 ho urs prior to the meeting and are posted in the City’s regular posting locations and on the City’s website at www.diamondbarca.gov. The Planning Commission may take action on any item listed on the agenda. Copies of staff reports or other written document ation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection upon request. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030 Email: info@diamondbarca.gov Website: www.diamondbarca.gov The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. CITY OF DIAMOND BAR PLANNING COMMISSION April 26, 2022 AGENDA Next Resolution No. 2022-05 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Mahendra Garg, William Rawlings, Kenneth Mok, Vice Chairperson, Raymond Wolfe, Chairperson 2. APPROVAL OF AGENDA: Chairperson 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Planning Commission on consent calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Planning Commission. Although the Planning Commission values your comments, pursuant to the brown act, members of the Planning Commission or staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five -minute maximum time limit when addressing the Planning Commission. Please complete a speaker card and hand it to the Minutes Secretary (completion of this form is voluntary). The city will call on in-person speakers first and then teleconference callers, one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wis h to speak on a public hearing item or Planning Commission consideration item, you will then be called upon to speak at that point in the agenda. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Planning Commission only: 4.1 Minutes of the Planning Commission Regular Meeting – April 12, 2022 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. APRIL 26, 2022 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): 7.1 Vesting Tentative Tract Map No. 54081, De velopment Review, Tree Permit and Conditional Use Permit - Planning Case No. PL2017-203 - Under the authority of DBMC Title 21, Sections 22.48, 22.38, and 22.58, the applicant is requesting approval of a residential subdivision that includes the development of seven single-family residences and associated infrastructure, including a southward extension of Crooked Creek Drive on a 12.9-acre undeveloped site. Five of the seven proposed residential structures each include an attached accessory dwelling unit (ADU). The following entitlements are requested: 1. Vesting Tentative Tract Map No. 54081 (“VTTM No 54081”) to subdivide the subject property into nine parcels for the following purposes: seven (7) single-family residential lots; one lot reserved for a trailhead that anticipates the future improvement of Los Angeles County-owned easements to provide access to the Schabarum Trail system; and one lot containing approximately 10.4 acres of preserved open space and associated maintenance access. Access to the lots is proposed by extending and dedicating Crooked Creek Drive for public right-of-way purposes. 2. Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards. 3. Tree Permit to remove 62 existing protected trees consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them at a 3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on-site. 4. Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards: • Increase the exposed retaining wall height limit from six feet to 17 feet; • Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively; and • Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively. APRIL 26, 2022 PAGE 3 PLANNING COMMISSION PROJECT ADDRESS: Southern terminus of Crooked Creek Drive, east of the SR-57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City’s southern boundary (APN 8714-028-003) PROPERTY OWNER: Cathay View Development, LLC 701 S. San Gabriel, Suite D San Gabriel, CA 91176 APPLICANT: New Bridge Homes 500 Newport Center Drive, Suite 570 Newport Beach, CA 92660 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared an Initial Study and Mitigated Negative Declaration for this project. Pursuant to CEQA Section 15105, the public review period for the Mitigated Negative Declaration began November 10, 2021, and ended on December 20, 2021. RECOMMENDATION: Adopt the attached resolution (Attachment 1) recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Adopt the attached resolution (Attachment 2) recommending that the City Council approve Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit and Conditional Use Permit No. PL2017-203, based on the Findings of Fact, and subject to the conditions of approval listed within the draft resolution. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 10. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: Tuesday, May 3, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PLANNING COMMISSION MEETING: Tuesday, May 10, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 TRAFFIC AND TRANSPORTATION Tuesday, May 12, 2022, 6:30 pm Windmill Community Room APRIL 26, 2022 PAGE 4 PLANNING COMMISSION 11. ADJOURNMENT: COMMISSION MEETING: Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 CITY COUNCIL MEETING: Tuesday, May 17, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PLANNING COMMISSION MEETING: Tuesday, May 24, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PARKS AND RECREATION COMMISSION MEETING: Tuesday, May 26, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 MEMORIAL DAY HOLIDAY: Monday, May 30, 2022 In observance of the holiday, city offices will be closed. City offices will re-open Tuesday, May 31, 2022. TRAFFIC AND TRANSPORTATION COMMISSION MEETING: Thursday, June 9, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PARKS AND RECREATION COMMISSION MEETING: Thursday, June 23, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 12, 2022 CALL TO ORDER: Chair/Wolfe called the meeting to order at 6:30 p.m. in the Diamond Bar City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765 PLEDGE OF ALLEGIANCE: Commissioner Garg led the Pledge of Allegiance. ROLL CALL: Commissioners: Naila Barlas, Mahendra Garg (telephonically), William Rawlings, Vice-Chairperson Kenneth Mok, Chairperson Raymond Wolfe STAFF PRESENT: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Stella Marquez, Administrative Coordinator. 2. APPROVAL OF AGENDA: As presented 3. PUBLIC COMMENTS: None Offered 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 8, 2022. VC/Mok moved, C/Rawlings seconded, to approve the Regular Meeting Minutes of March 8, 2022 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 4.2 C/Rawlings moved, C/Barlas seconded, to approve continued Use of Teleconferencing in accordance with Assembly Bill 361 for Meetings of the Planning Commission, subject to State Open Meeting laws. AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. 4.1 Packet Pg. 7 ________________________________________________________________________ APRIL12, 2022 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ 6. NEW BUSINESS: None. 7. PUBLIC HEARINGS: 7.1 Revision to Brea Canyon Business Park–Planning Case No. PL2017-169- The applicant requested approval to revise the project through amendments to the following land use entitlement applications: Tentative Parcel Map to eliminate the condominium subdivision for the single story 8,900 square-foot medical office building and replace with a single-story 6,500 square-foot commercial building to accommodate a drive-through restaurant and up to two future retail or fast-food restaurant tenants; Development Review to approve the revisions to the site and architectural design of a new commercial development to ensure consistency with the General Plan, Development Code, and compliance with all applicable d esign guidelines and standards. The proposed amendments include the replacement of the above-referenced 8,900 square-foot medical office building with a 6,500 square-foot commercial building with drive-through lane, addition of 15 hotel rooms (approved for 109 rooms and proposing 124 rooms), and the addition of a southbound left-turn pocket on Brea Canyon Road to accommodate a left turn in access to the Project. Additionally, there are no exterior changes to the four-story hotel building and only the floor plan is being modified; Conditional Use Permit to approve a drive-thru service for the proposed fast- food restaurant at the 6,500 square-foot commercial building; Parking Permit to approve the updates to the shared parking demand analysis; Comprehensive Sign Program to approve the refurbishment of an existing pylon sign; and Minor Conditional Use Permit to approve the outdoor dining area for the single-story 6,500 square-foot commercial building. PROJECT ADDRESS: 850 Brea Canyon Road Diamond Bar, CA 91765 PROPERTY OWNER: Philip Lee, Lycoming LLC 17777 Center Court Drive #725 Cerritos, CA 90703 4.1 Packet Pg. 8 ________________________________________________________________________ APRIL12, 2022 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ APPLICANT: Roger Deitos GAA Architects, Inc. 8811 Research Drive, Suite 200 Irvine, CA 92618 SP/Lee presented staff’s report and recommended Planning Commission adoption of Resolution No. 2022-04: Approving the addendum to the Mitigated Negative Declaration, Amendment to Tentative Parcel Map No. 82066, Conditional Use Permit, Development Review, Parking Permit and Comprehensive Sign Program; and Minor Conditional Use Permit based on the Findings of Fact, and subject to the Conditions of Approval contained therein. SP/Lee clarified details of the revisions to the design plan for Commissioners. Chair/Wolfe opened the public hearing. Project Manager Preston Chan, Executive Development, thanked City staff for their assistance and explained how and why it took nearly two years to amend construction plans to comport with the aftermath of the COVID-19 pandemic, and traffic and market studies for an improved project. Mr. Chan responded to C/Mok’s questions. Chair/Wolfe and C/Barlas thanked Mr. Chan for his due diligence during the COVID-19 pandemic and his efforts to address financing issues and for listening to and responding to residents’ concerns. Kwung Lee, resident, reiterated his and fellow residents’ concerns regarding the access and additional traffic impacts to Lycoming Street due to the drive - through restaurant, especially during peak hours. Chair/Wolfe responded to Mr. Lee that the developer has to meet the City’s requirements after which it becomes an enforcement issue. Chair/Wolfe closed the public hearing. C/Rawlings commented that he continues to have concerns about the southbound traffic. He has a deep appreciation for what is being done within the project and confidence in the traffic study that was reviewed two years ago and changes that have been made since that study was completed. C/Barlas and C/Garg spoke to Mr. Lee’s traffic concerns. 4.1 Packet Pg. 9 ________________________________________________________________________ APRIL12, 2022 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ C/Rawlings moved, C/Barlas seconded, to Adopt Resolution No. 2022-04: Approving the addendum to the Mitigated Negative Declaration, Amendment to Tentative Parcel Map No. 82066, Conditional Use Permit, Development Review, Parking Permit and Comprehensive Sign Program; and Minor Conditional Use Permit based on the Findings of Fact, and subject to the Conditions of Approval contained therein. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: None. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman stated that the April 26th Planning Commission will include a public hearing for a seven lot subdivision at the south end of town which would extend the current southerly terminus of Crooked Creek Drive to accommodate seven residential lots and two common lots and following deliberation, the Planning Commission will forward its recommendation to the City Council for approval or denial. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the Regular Planning Commission meeting at 7:15 p.m. The foregoing minutes are hereby approved this 26th day of April, 2022. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director _____________________________ Raymond Wolfe, Chairperson 4.1 Packet Pg. 10 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: April 26, 2022 CASE/FILE NUMBER: Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit and Conditional Use Permit Planning Case No. PL2017-203 PROJECT LOCATION: Southern terminus of Crooked Creek Drive, east of the SR-57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City’s southern boundary (Los Angeles County Assessor’s Parcel Number 8714-028- 003) GENERAL PLAN DESIGNATION: Low Density Residential (RL) ZONING DISTRICT: RL-PD (Low Density Residential Planned Development) PROPERTY OWNER: Cathay View Development, LLC 701 S. San Gabriel, Suite D San Gabriel, CA 91176 APPLICANT: New Bridge Homes 500 Newport Center Drive, Suite 570 Newport Beach, CA 92660 RECOMMENDATION: Adopt the attached resolution (Attachment A) recommending that the City Council adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Adopt the attached resolution (Attachment B) recommending that the City Council approve Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 11 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 2 of 32 and Conditional Use Permit No. PL2017-203, based on the Findings of Fact, and subject to the conditions of approval listed within the draft resolution. SUMMARY: The applicant is requesting approval of a residential subdivision that includes the development of seven single-family residences and associated infrastructure, including a southward extension of Crooked Creek Drive on a 12.9-acre undeveloped site. Five of the seven proposed residential structures include an attached accessory dwelling unit (ADU). The following entitlements are requested: 1. Vesting Tentative Tract Map No. 54081 (“VTTM No 54081”) to subdivide the subject property into nine parcels for the following purposes: seven (7) single -family residential lots; one lot reserved for a trailhead that anticipates the future improvement of Los Angeles County-owned easements to provide access to the Schabarum Trail system; and one lot containing approximately 10.4 acres of preserved open space and associated maintenance access. Access to the lots is proposed by extending and dedicating Crooked Creek Drive for public right -of-way purposes. 2. Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards. 3. Tree Permit to remove 62 existing protected trees consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them at a 3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on-site. 4. Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards: • Increase the exposed retaining wall height limit from six feet to 17 feet; • Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively; and • Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively. 7.1 Packet Pg. 12 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 3 of 32 Site (Plan View) Aerial BACKGROUND: SITE AND SURROUNDING GENERAL PLAN, ZONING, AND LAND USES Site Characteristics The project site consists of approximately 12.9 acres of undeveloped area which supports nonnative grassland, coast live oak woodland and Southern California black walnut woodland. Elevations within the site range from approximately 645 feet to 835 feet above sea level (i.e., an overall elevation difference of 190 feet). The topographic profile is composed of steep hillside terrain to the east, gently rolling terrain to the north, and areas that are relatively flat valley to the west, with a steep drop to the Brea Canyon Channel. The western portion of the project site, where most of the development is proposed to occur, has elevations ranging from 645 feet to 720 feet above sea level. The Project site is legally described as Lot 4 of Parcel Map as per book 74, pages 3 -4, and the Assessor’s Parcel Number (APN) is 8714-028-003. The image below highlights the subject property: Site (plan view) aerial 7.1 Packet Pg. 13 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 4 of 32 Aerial view The project site is surrounded by existing single-family residential development to the north; single-family residences along Running Branch Road to the east; the Brea Canyon Flood Control Channel and single-family residences along Castle Rock Road to the west; and undeveloped land (Tonner Canyon) with in unincorporated Los Angeles County, through which a Southern California Edison (SCE) tower and associated electrical lines traverse, to the south. General Plan Designation Zoning District Land Use Site Low Density Residential (RL) RL-PD Undeveloped North Low Medium Density Residential (RLM) RLM Single-Family Residential South Diamond Bar sphere of influence (unincorporated) N/A Undeveloped East Low Density Residential (RL) RL Single-Family Residential West Low Medium Density Residential (RLM) RLM Flood Control Channel & Single-Family Residential 7.1 Packet Pg. 14 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 5 of 32 Project Site viewed from the current terminus of Crooked Creek Drive Adjacent property to the north (3722 Crooked Creek Dr.) Adjacent property to the north (3723 Crooked Creek Dr.) BACKGROUND: 7.1 Packet Pg. 15 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 6 of 32 2007 Entitlements On February 20, 2007, the City Council approved a 16 -lot residential subdivision on the subject site which included a Vesting Tentative Tract Map, Zone Change from “R1-10,000” to “Low Density Residential Planned Development” (RL-PD); a Conditional Use Permit for development in a hillside area and subject to the Planned Development Overlay District; a Variance to increase maximum allowable exposed height limit for retaining walls from six feet to ten feet; and a Tree Permit to remove 269 protected trees (197 trees were considered dead and 72 trees were to be mitigated). Of the 72 trees, 43 were coast live oaks and 29 were California black walnut trees. Additionally, 11.5 acres of mixed coast live oak and California walnut woodland would have been impacted. This proposal anticipated a total of 98,000 cubic yards of cut and 86,000 cubic yards of fill. The entitlements were valid for up to ten years, meaning that the developer had until February 20, 2017 to record the final map, or the entitlements would expire. 2007 approved map with 16 residential lots 7.1 Packet Pg. 16 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 7 of 32 First redesign (2018) - 12 residential lots On October 24, 2014, the property was sold to the current owner, Cathay View Development, LLC (“CVD”). CVD hired a new consulting team to complete and record the Final Map. During the plan check process, the project team identified a variety of technical deficiencies in the previously-submitted improvement plans and the project expired on February 20, 2017. All entitlements from the previous project have expired except for the zone change, which was adopted by ordinance, and became effective immediately upon adoption. The project team then began work on a complete redesign of the project. Expiration of 2007 Entitlements and Commencement of New Design Process In 2018, after two developer-hosted neighborhood meetings, the applicant submitted a subdivision map with 12 residential lots. The design included a pair of tiered retaining walls on the western portion of the project area (i.e., the Brea Canyon Channel side) with heights of each wall reaching 12’-6” and 15’-6”. On the eastern portion of the project area (i.e., the hillside), five tiers of 20-foot high retaining walls were proposed, which would have resulted in 100 vertical feet of exposed wall surfaces. This design anticipated a total of 90,000 cubic yards of cut and 52,000 cubic yards of fill. 7.1 Packet Pg. 17 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 8 of 32 2019 design - 11 residential lots In 2019, the design was further reconfigured and the number of residential lots was reduced from 12 to 11. The reduction in grading reduced the encroachment into existing native habitat, and reduced the visual impact of the previous retaining wall configuration. Additionally, the Crooked Creek Drive extension was narrowed to reduce grading impacts. Retaining walls facing the Brea Canyon Channel were reduced to four feet. On the eastern portion of the project area (i.e., the hillside), the lineal footage of the five tiers of retaining walls was reduced, and the height of each wall was reduced to 15 feet. Lastly, split-level, step-down building pads were introduced to reduce grading impacts. Total earthwork resulting from this revised design was reduced to 35,000 cubic yards of cut and 13,000 cubic yards of fill. After receiving further community and staff feedback, the applicant made additional, substantive revisions to the subdivision design, and formally submitted an application to the City. The remainder of this staff report describes and analyzes project submitted for Planning Commission and City Council consideration. PROJECT DESCRIPTION: A. Vesting Tentative Tract Map 7.1 Packet Pg. 18 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 9 of 32 Proposed 2022 design – 7 residential lots The Vesting Tentative Tract Map presented for approval proposes to subdivide the property into nine lots to accommodate seven lots for the individual sale of production homes, one lot designated for a trailhead, and one 10.4 -acre lot to be retained as a preserved open space. The trailhead and preserved open space area will be owned in common by the future homeowners association (HOA). The proposed map includes a 43-foot-wide southward extension of Crooked Creek Drive, which would be dedicated to the City as a public roadway. The acreages corresponding to the above-listed uses are provided in the table below: Use Units Proposed Area Single-Family Detached Lots 7 82,662 sq. ft. Trailhead (Lot A) - 653 sq. ft. Open Space (Lot B) - 451,453 sq. ft. Total 534,768 sq. ft. Residential lot sizes range from 8,340 square feet to 16,826 square feet, with minimum dimensions of 65 feet in width and 93 feet in depth. 7.1 Packet Pg. 19 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 10 of 32 B. Residences The applicant proposes to construct seven for-sale single-family homes on individual lots with the following features: • Three-stories with a maximum building height of 34 feet; • Three floor plans with livable areas ranging from 3,893 – 4,814 square feet; • Front porches and verandas; and • Attached accessory dwelling units (ADUs) ranging from 499 – 600 square feet. Five homes will each include an attached ADU. The Development Code (in accordance with State law) defines an ADU as “an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.” Each ADU will be attached to the primary residence with a separate entrance, living area, kitchen, dining room, bedroom, bathroom and laundry unit. All utilities serving an ADU shall be common to and dependent on the primary residence. C. Access and Circulation Each proposed lot will have access from the proposed extension of Crooked Creek Drive, which will terminate as a cul-de-sac at the south end of the project site. The roadway alignment is primarily guided by site -specific topographic and geotechnical factors, which results in the westward curvature that follows the contours of the adjacent toe of slope. Because the Crooked Creek extension is proposed to be a public street, the project entrance will not be gated. The 43-foot-wide right-of-way consists of 36 feet of roadway width between the curbs, and a 6.5-foot sidewalk on the west side of the street, along the frontages of Lots 2 through 7. Although the roadway width and cul-de-sac radius meet City and Fire Department standards for public streets with parking on both sides, the proposed design deviates from the City standard by deleting the sidewalk on the east side of the street. Staff supports this roadway design modification because it reduces the amount of grading and retaining walls required, and because there are no homes along the substantial majority of the easterly street frontage. The proposed street configuration, widths, and turning radii have been reviewed and accepted by the Public Works Department and the County of Los Angeles Fire Department. D. Trailhead and Open Space The City’s Trail Master Plan envisions the southern end of the project site to incorporate a trailhead, which would serve as a future connection to the County Schabarum Trail. 7.1 Packet Pg. 20 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 11 of 32 Lot “A” will be reserved for the trailhead and the developer will be required to design and construct the trailhead improvements per City standards with a sign, pergola and bench. Improvements for the trailhead are set forth as conditions in the draft resolution. Until such time that the trail County trail improvements are completed, the HOA will be required to maintain the trailhead. The southern boundary of the project site will be gated with a six-foot high wrought iron fence to prevent trespassing until such time when connection to the County Schabarum Trail is established. Once the County establishes the trail extension, the fencing will be removed, and the trailhead lot will be dedicated to the City. The provisions for the trailhead improvements and dedication will be recorded on the final tract map and CC&Rs pursuant to the recommended conditions of approval. The 10.4 acres of preserved open space area will remain undeveloped in perpetuity, with the exception of the planting of mitigation trees and installation of temporary irrigation as part of the project. Further discussion on the mitigation trees is in the Tree Permit section below. The open space area will be maintained by the HOA. ANALYSIS: Review Authority (Diamond Bar Municipal Code Sections 21.20.130, 22.48, 22.38.110 and 22.58.040) As stated, the Project requires the approval of four discretionary entitlement applications. The Vesting Tentative Tract Map (VTTM) requires City Council approval, and the other three entitlements (Development Review, Tree Permit and Conditional Use Permit) require Planning Commission approval. Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission’s role in this matter is to forward a recommendation to the City Council for the four discretionary entitlements described below. The following analysis sets forth the foundation for the Findings of Fact contained in the attached resolutions. Together, the analysis and findings provide the basis for staff’s recommendation that the Planning Commission recommend approval of the Project and all of its components, subject to the conditions set forth in the approval resolutions. Vesting Tentative Tract Map (Diamond Bar Municipal Code Section 21.20.130) Pursuant to Section 66424 of the Subdivision Map Act, a Tentative Tract Map is required to establish separate residential and open space parcels, create an internal circulation system and common open space areas, and establish easements and other rights-of-way for utility and other purposes. A Vesting Tentative Tract Map confers a vested right to proceed with development in substantial compliance with the requirements in effect at the time the vesting tentative map was approved. In other words, a Vesting Tentative Tract Map locks in the rules and regulations in place at the time of approval. 7.1 Packet Pg. 21 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 12 of 32 The subdivision of the project site creates separate development areas within the subject property that can be conveyed to subsequent holders of real property interests, as well as establish common open space areas. The seven, individually -owned residential lots proposed within the development will be governed by an HOA. The public street will be maintained by the City. The trailhead lot and open space/landscaped areas within the development will be part of the common areas to be owned and maintained by the HOA. The project will be subject to CC&Rs, which will be subject to review and approval by the City Attorney prior to the issuance of building permits and/or Final Map approval. Subdivision Standards: The proposed subdivision is in compliance with the City’s Municipal Code standards pertaining to lot size and dimensions. The following table compares the proposed subdivision with the City’s subdivision standards: Development Feature Development Standards Proposed Meets Requirements Parcel Width Minimum 50’ Lot 1: 89.68’ Lot 2: 80’ Lot 3: 65’ Lot 4: 175.08’ Lot 5: 177.46’ Lot 6: 65’ Lot 7: 79.80’ Yes Parcel Depth Minimum 80’ Lot 1: 93’ Lot 2: 130.49’ Lot 3: 130.49’ Lot 4: 103.54’ Lot 5: 93.15’ Lot 6: 160.64’ Lot 7: 241.43’ Yes Lot Area Minimum 10,000 SF Lot 1: 8,340 SF* Lot 2: 10,439 SF Lot 3: 8,482 SF* Lot 4: 16,826 SF Lot 5: 13,134 SF Lot 6: 10,283 SF Lot 7: 15,158 SF Yes * The RL-PD Overlay District allows modifications to minimum lot area. See CUP discussion below. As part of the subdivision review, staff sent notices to all public utility companies and service agencies regarding the proposed subdivision. All agencies will be expec ted to provide service to the proposed parcels, including providers of gas, electrical, water, sewer, and cable telecommunication services. 7.1 Packet Pg. 22 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 13 of 32 As set forth in the above analysis, the proposed subdivision is in conformance with the City’s General Plan and zoning, and all applicable requirements of the Subdivision Map Act. The subdivision complies with the City’s development standards and all public utilities and services will service the project. Parkland Dedication State law (“Quimby Act”) and Diamond Ba r’s Subdivision Ordinance require the dedication of land or payment of fees for park or recreational purposes as a condition of approval for a tentative map. The land or fees are to be used only for the purpose of developing new or rehabilitating existing park or recreational facilities to serve the subdivision, and the amount and location of land to be dedicated, or amount of fees paid, shall bear a reasonable relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision. The amount of acreage required to be dedicated, or in -lieu fee paid, by the applicant is based upon the number of dwelling units ultimately developed within the proposed subdivision1. Section 21.32.040 of the Subdivision Ordinance establish es the following formula for the parkland dedication requirement: X = .005(UP) Where: X = Amount of parkland required, in acres. U = Total number of approved dwelling units in the subdivision (seven) P = 3.4 for single-family dwellings The in-lieu fee equals the parkland obligation derived from the formula above, multiplied by the fair market value of the land for the appropriate park planning area of 0.119 acres. Staff used the most recent approved tentative parcel map to calculate the fair market value ($2,271,591 per acre) to acquire land for park space, or other per -acre “fair market value” determined by mutual agreement of the City and the applicant prior to approval of the final parcel map. The in-lieu fee for this project is determined to be $270,3192 and shall be paid prior to the issuance of building permits for the construction of any residential structure(s) within the subdivision (see Condition of Approval #4 under Vesting Tentative Tract Map Conditions). 1 State law prohibits the City from applying the Quimby Act to ADUs. 2 $2,271,591 (fair market value of one acre parkland) x 0.119 = $270,319 7.1 Packet Pg. 23 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 14 of 32 Development Review (DBMC Chapter 22.48) The purpose of Development Review (DR) is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living environment, and attracts the interest of residents and visitors as the result of consistent exemplary design. Development Standards: The following table compares the proposed project with the City’s development standards for residential development in the RL-PD zone: Development Feature Residential Development Standards Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot 6 Lot 7 Meets Reqs. Front Setback 20 feet 20 feet 20 feet 20 feet 14 feet* 13’-9”* 39’-5” 63’-6” Yes Side Setbacks 10 feet on one side, 5 feet on the other 5’ - north 20’3”- south 24’ - north 5’ - south 10’ - north 5’- south 10’ - north 92’2” -south 99’4”- north 5’ - south 10’ - north 5’ -south 10’ - north 5’ - south Yes Distance Between Adjoining Structures 15 feet 30’ - north N/A - south 35’ - north 15’ - south 15’ – north 15’ – south 15’ – north 182’ - south 182’ - north 15’ - south 15’ - north 15’ - south 15’ - north N/A - south Yes Rear Setback 20 feet from edge of descending slope 20 feet 23’-10” 20’-8” 24’-9” 21’-3” 27’-3” 20 feet Yes Lot Coverage Maximum of 40% 23% 21% 26% 11% 14% 22% 16% Yes Max. Building Height 35 feet 34’ 34’ 34’ 34’ 34’ 34’ 34’ Yes Parking 2-car garage 3-car garage 3-car garage 3-car garage 3-car garage 3-car garage 3-car garage 3-car garage Yes Retaining Walls 4-foot exposed (supporting fill) 6-foot exposed (supporting cut) 4 feet (supporting cut) 4 feet (supporting cut) N/A 7 feet (supporting fill)* 10 feet (supporting fill)* 5 feet (supporting cut) 10 feet (supporting fill)* 8 feet (supporting cut) 10 feet (supporting fill)* Yes * The RL-PD Overlay District allows modifications to minimum setbacks and retaining walls. See CUP discussion below. The project is comprised of seven single-family residences and complies with the development standards in the RL-PD zone with the exception of the modifications being requested. The Planned Development Overlay District allows for these modifications when deemed to be the best layout due to the constraints of the property. 7.1 Packet Pg. 24 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 15 of 32 Site and Grading Configuration: The site grading was designed around geotechnical constraints of the site and to preserve the existing hillside to the extent feasible, given that any public roadway extension would require some degree of landform alteration. The main access road curves to follow the contours of the hillside, thereby substantially reducing the retaining wall heights and avoiding potential biological impacts to the eastern portion of the site. The majority of the building pads are located on the western portion of the site that is generally flat. The Project site shows evidence of historical landslides. The proposed onsite grading located immediately south of the existing single-family residence on the east side of the existing Crooked Creek Drive cul-de-sac would remove the soils susceptible to a landslide. After removal, the area would be re-stabilized with a combination of new soil and compaction. This landslide area is within proposed Lot 1. According to the geotechnical report, a portion of this landslide area underlying the pad areas were found to be dense/stiff, slightly compressible, competent, and is considered to be suitable for support of proposed structures.3 The Project is required to comply with applicable seismic-related regulatory requirements of Title 15, Building and Construction Safety, of the City’s Municipal Code and the latest standards of the California Building Code. The current development proposal would require approximately 14,480 cubic yards of cut and 19,510 cubic yards of fill. 5,030 cubic yards will be imported to the site. Fencing and Retaining Walls: The following diagrams provide details for the proposed property walls, retaining walls and fencing associated with the Project. 3 Geotechnical Report: Tract 54081, LGC Valley, Inc., August 31, 2020 7.1 Packet Pg. 25 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 16 of 32 Cross section across Lot 5 Fence and wall plan 7.1 Packet Pg. 26 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 17 of 32 Example of landscaped Verdura walls at the Willow Heights residential project at the southeast corner of Diamond Bar Blvd. and Brea Canyon Rd. • The rear yards of all residential lots adjacent to the Brea Canyon flood control channel will be bordered with wrought iron fencing up to 5’-6” in height. Six-foot high split-faced block walls will be constructed along the side yards of all residential lots. • On the eastern portion of the proposed expansion of Crooked Creek Drive, an exposed split-faced retaining wall with varying heights will be constructed. An 11-foot to 17-foot-high retaining wall is proposed from the southern portion of Lot 1 to approximately 120 feet south. Heights will range from six feet to 10 feet for the remaining portion of this retaining wall beyond 120 feet to the proposed cul-de-sac. • A 7-foot-high exposed retaining wall with a 42-inch-high wrought iron fence on top of the retaining wall is proposed at the south side of Lot 7 and adjacent to the Southern California Edison property. Top of retaining walls will be planted with climbing vines to help screen the height of walls. • On the western portion of the development area adjacent to the Brea Canyon flood control channel, two approximately eight- to 10-foot-high Verdura retaining walls are proposed. Verdura walls are an interlocking, stackable, plantable wall sy stem. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights. A condition of approval is included in the draft resolution that all re taining walls adjacent to the flood control channel and adjacent to the roadway will be maintained by the HOA. All associated landscaping which are part of screening the walls will also be maintained by the HOA through an access easement. 7.1 Packet Pg. 27 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 18 of 32 Architectural Features, Colors, and Materials: The City’s Design Guidelines have been established to encourage high-quality building and site designs that contribute positively to the visual quality of community through aesthetically pleasing site p lanning, building design, and architecture. In addition, a primary objective is to promote compatibility with adjacent uses to minimize any potential negative impacts. Notable elements of the project design which address the Citywide Design Guidelines include, among other things, the following: • Tuscan or Italianate-inspired architecture; • Three floor plan versions with reversed layouts to provide variation and diversity to the building elevations; • Articulation of facades and the massing of structures to g ive depth and substance to the building forms; • Integration of varied texture, relief, and design accents on building walls to add fine - grained visual interest to the architecture (e.g. stone veneer, stone trim and stone accents); • Variation among the entry porches, window enhancements, and color palettes to create individuality between units; • Recessed windows to provide depth to wall surfaces; • Roof rafters, corbels, large eave overhangs and metalwork to be consistent with the traditional materials and details associated with the Tuscan/Italianate design language; • Well-defined entrance roof elements supported by posts and colonnades; • Banding to break up the first and second floors; and • Carriage-style garage doors. Landscaping: A conceptual landscape plan was submitted with the application. The landscape design will enhance the development with a mix of evergreen and deciduous trees and shrubs. Brisbane box, Bradford pear and fruitless olive trees will be planted by the roadway and along the project perimeter. Native trees found in the area such as Rendering of proposed homes on Lots 3 and 4 7.1 Packet Pg. 28 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 19 of 32 coast live oak and Southern California black walnut will also be used as open space plantings and within landscaped areas to tie in with the natural surroundings. These trees are proposed at the center of the Project site and within slope plantings which will provide for large scale canopy trees. Through the combination of decorative walls and paving, various tree species, an attractive drought-tolerant plant palette with a mix of ornamental and native plants, this well-planned landscape will create a unique sense of place that further enriches Diamond Bar’s urban forest. The applicant is proposing a variety of trees to be planted throughout the Project site, including seven 36-inch box fruitless olive trees, twelve 24-inch box coast live oak trees, fifteen 15-gallon Brisbane box trees, eleven 15-gallon Bradford pear trees, and 201 5- gallon Southern California black walnut trees. Two non-protected trees will be removed due to their proximity to construction. The Tree Permit section provides further analysis on the removal, replacement and protection of existing protected trees. A row of Bradford pear and fruitless olive trees will be planted along the rear yards of Lots 2 through 7 to minimize the visual impact of the development to the adjacent homes across the flood control channel. A 15-foot-wide landscape easement in the rear yard of lots 2 through 4 and a 10-foot-wide landscape easement in the rear yard of lots 5 through 7 are proposed to ensure future homeowners do not remove these trees, which are strategically planted for screening purposes. Additionally, various 5-gallon and 1-gallon shrubs that have a variety of color, texture, and form are proposed throughout the front, side and rear yards. Overall, la ndscaping consists of drought tolerant and non-invasive species to minimize irrigation and reduce the area of turf. The project is required to comply with the City’s Water Efficient Landscaping Ordinance, and compliance will be verified during building pl an check and final inspections. 7.1 Packet Pg. 29 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 20 of 32 Fuel Modification Plan The subject property is located within the Los Angeles County Fire Department “Very High Fire Hazard Severity Zone.” Therefore, proposed landscaping must comply with the Fire Department’s Fuel Modification Plan requirements. Typically, landscape plans are submitted for review and approval by the Fire Department during building plan check. As of December 28, 2018, the Office of Planning and Research amended Appendix G of the CEQA Guidelines for agencies to identify and evaluate wildfire risks during the environmental review. Therefore, the applicant submitted the Fuel Modification Plan as well as the conceptual landscape plans to the Fire Department for preliminary review and received a preliminary approval on August 27, 2021. Tree Permit (DBMC Section 22.38.110) A Tree Permit is required when the removal or protection of a protected tree is requested. A protected tree is any of the following: • Native oak, walnut, sycamore and willow trees with a diameter at breast height (DBH) of eight inches or greater; • Trees of significant historical or value as designated by the City Council; Conceptual landscape plan N 7.1 Packet Pg. 30 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 21 of 32 • Any tree required to be preserved or relocated as a condition of approval for a discretionary permit; • Any tree required to be planted as a condition of approval for a discretionary permit; and • A stand of trees, the nature of which makes each tree dependent upon the others for survival. The Development Code requires the preservation and maintenance of coast live oak and Southern California walnut trees with a DBH of eight inches or greater. When removal is allowed as a result of new development on residential sites larger than 20,000 square feet, replacement trees shall be planted at a 3:1 ratio. The project requires the removal of two non-protected trees and 62 protected trees consisting of 58 Southern California black walnuts and four coast live oaks. The applicant is proposing to replace the protected trees with 201 Southern California black walnuts (27 more than the minimum replacement requirement) and 12 coast live oaks, totaling 213 replacement trees to be planted on -site. A mitigation measure outlined in the Mitigation Monitoring and Reporting Program (MMRP) requires the replacement trees to include a combination of boxed trees within landscaped areas, and seedlings and smaller-sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. The replacement coast live oak trees will be a minimum 24-inch box size, while 5-gallon Southern California black walnuts will be planted due to the scarcity of larger sizes of this tree species in local inventories. Prior to the issuance of a grading permit, a protected tree replacement plan wil l be required, which will provide a methodology of soil preparation, planting, monitoring, survival percentages and a maintenance agreement stipulating the applicant’s obligations for a minimum three-year period, including the annual reporting, as well as corrective measures if survival percentages do not meet the replacement ratio. 7.1 Packet Pg. 31 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 22 of 32 Conditional Use Permit (DBMC Section 22.58.040) A conditional use permit is required for all development proposed on a site within a Planned Development (PD) Overlay District. Depending on site-specific constraints, the CUP may include modifications to the City's development standards, such as minimum lot area, setbacks, site coverage, floor area ratio, height limits, landscaping, or parking. The PD Overlay District may be applied to areas where site characteristics and environmental resources, adjacent land uses, or other community conditions may be benefited by site-specific planning or the design of structures that would not otherwise be allowed in the primary zoning district. However, proposed development and new land uses within the PD Overlay District shall comply with all other applicable provisions of the Development Code. For this project, a CUP is required for modifications to: • The retaining wall height limit to allow a maximum of 17 feet (where 6 feet is the code-prescribed height limit); • Reduce the front setback for Lots 4 and 5 to 14 feet and 13’-9”, respectively (where 20 feet is the code-prescribed minimum); and Tree removal and replacement plan 7.1 Packet Pg. 32 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 23 of 32 • Reduce the minimum lot size for Lots 1 and 3 to 8,294 square feet and 8,482 square feet, respectively (where 10,000 square feet is the code -prescribed minimum). The PD Overlay District allows for modifications from code-prescribed development standards when such modifications are warranted due to the unique topographical constraints and configuration of a development site. Staff finds that the proposed modifications to the development standards will facilitate the avoidance or substantial reduction in impacts to the surrounding ecological resources by reducing grading encroachments into the existing hillside, as well as protecting the privacy of the existing homes located adjacent to the flood control channel. Without the proposed modifications to the code-prescribed development standards, more retaining walls and grading would be required to create the building pads and roadway improvements for the proposed development. Compliance with Hillside Management Ordinance (DBMC Section 22.22) The proposed project was reviewed for compliance with the City’s Hillside Management Design Guidelines and regulations. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code. The project site was designed to conform to the following requirements: • The maximum building height is 34 feet, where 35 feet is allowed . • Architectural treatment is provided on all sides of the building with varying setbacks and projections; • Earthtone building materials and color schemes that blend in with the natural landscape are proposed; • Finished slopes are not greater than 50 percent (2:1); and • Landscaping will be used to preserve privacy, and slopes will be planted with informal clusters of trees and shrubs to soften and vary the slope planes. Screening of the Verdura walls will be accomplished by installing individually- irrigated plants within the cells of the walls, and by planting trailing rosemary and bougainvillea at the top of the walls. The project complies with all of the regulations and guidelines to ensure that development will complement the character and topography of hillside areas set forth in the Development Code. Community Meetings As discussed in the Background section of this report, t he developer held two community meetings for this project: on February 22, 2018 and October 10, 2019. Notices for those meetings were mailed to property owners within a 1,000-foot radius of the Project site. 7.1 Packet Pg. 33 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 24 of 32 First Meeting on February 22, 2018 There were approximately 14 residents in attendance. The preliminary project redesign presented at the meeting proposed a 12 -lot subdivision. The retaining walls on the western portion of the project area (i.e., the Brea Canyon Flood Control Channel side) proposed two retaining walls with a 24-foot average height. On the eastern portion of the project area (i.e., the hillside), five tiered retaining walls were proposed with a 60 - foot average height, with a 2:1 slope cut into the hillside above the top retaining wall. This proposal anticipated a total of 90,000 cubic yards of cut and 52,000 cubic yards of fill. Several concerns and comments were raised, which are listed below with responses provided in italics: • Wall heights are of concern. Will the walls be landscape d and will proper drainage be installed? The number of retaining walls and wall heights have been reduced in the current proposal. Top of retaining walls will be planted with climbing vines to help screen the height of walls. In addition to the landscaping proposed on the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the walls. • How is the project going to handle landslides that may be caused by an earthquake? The City requires that all new construction meet or exceed Title 15, Building and Construction Safety, of the City’s Municipal Code, and the latest standards of the California Building Code (CBC), which requires structural designs that can accommodate seismic-related ground shaking, soil stability and hazard impacts. Furthermore, the geotechnical report provides preliminary site -specific design recommendations and parameters regarding grading and earthwork, temporary excavations, drainage, foundations, retaining walls, and pavement desi gn. As a standard condition of approval, the Project will be required to comply with the recommendations of the geotechnical report. • Where is the access to the open space and who will maintain it for fire hazards? Access is provided within an easement north of Lot 1. Ongoing maintenance for vegetation control as mandated by the L.A. County Fire Department will be required of the HOA. • What will be given back to the neighborhood such as trails and/or parks? Lot A will be reserved for the trailhead, which will be maintained by the HOA. At such time that the L.A. County Department of Parks and Recreation establishes a connection to the Schabarum Trail, the HOA will be required to remove the fencing and the trailhead lot transferred to the City. In addition, Quimby fees will be paid to improve City park and recreational facilities. (See Parkland Dedication discussion above.) 7.1 Packet Pg. 34 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 25 of 32 • How much vegetation will be removed and how much mitigation is proposed? One resident stated that they would like to see the benefit of mitigation on-site, and the need for a clear mitigation plan. It does not make economic sense with the HOA maintaining all of the open space. Can the open space be donated to a conservation group? See Tree Permit section above. The applicant is open to further discussions with interested parties regarding the open space lot being donated to a conservation group. • The community would like to see visual simulations. Will the homes be higher? Will there be a change in elevation between the old and new development? Visual simulations were provided with the most recent proposal. The building pad of Lot 1 will be level with the adjacent residence. The building pad of Lot 2 is ten feet lower than that of the adjacent residence. The building pads of Lots 2 through 7 wil l be approximately five feet higher than the homes located on Castle Rock Road, across the flood control channel. Second Meeting on October 10, 2019 There were approximately 11 residents in attendance. The applicant team presented a design with an 11-lot subdivision and narrowed width of Crooked Creek Drive to further reduce retaining wall heights. Wall heights were reduced from a 60-foot average to a 30-foot average on the eastern portion of the project area (i.e., the hillside), and lowered the retaining wall heights adjacent to the flood control channel from a 24 -foot average to a 12-foot average. Lastly, split-level building pads that step down toward the channel were introduced to reduce grading and visual impacts. The applicant team also presented visual simulations of the streetscape and views of the proposed homes from across the flood control channel. Although the attendees expressed appreciation of how the project was redesigned to reduce impacts, there were still similar concerns and comments raised at the first meeting. Other concerns raised at the second meeting include the following (with responses in italics below): • Private street concerns regarding emergency access, vehicle code enforcement, and if it will be gated. A private street is no longer being proposed and the street will be public, maintained by the City. • Slope and retaining wall concerns regarding soil stability and amount of grading required. See response above regarding landslides and minimum Code requirements for retaining walls. The current proposal would require approximately 14,480 cubic yards of cut and 19,510 cubic yards of fill. 5,030 cubic yards will be imported to the site. • Ensure invasive species are not introduced to the area. 7.1 Packet Pg. 35 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 26 of 32 All landscaping will be drought tolerant and non-invasive species to minimize irrigation and reduce the area of turf. Native trees such as coast live oak and Southern California black walnut will be planted in open space and other landscaped areas. • There are important wildlife resources, such as California gnatcatchers and nests found in the area. Refer to IS/MND Biological Resources section and mitigation measures. • Concerns with construction impacts to neighboring residents. All construction activity shall comply with the City's Municipal Code. Construction hours will be restricted to between 7:00 A.M. and 7:00 P.M, Monday through Saturday, except on federal holidays. Since daylight ends earlier during the winter, no construction activities shall occur after 5:00 P.M. during this time. Additiona lly, three mitigation measures are required to reduce the level of noise generated from the project to a less than significant level. • What are the view impacts from other areas in the neighborhood and not just from across the flood control channel? Visual simulations were provided with the most recent proposal which includes viewpoints from the SR-57 freeway, Brea Canyon Road, Castle Rock Road and at the project entry. The visual simulations can be found in the architectural plan set (sheets IMG-1 through IMG-8). Lastly, the applicant personally met with two individuals representing two advocacy groups on June 22, 2021: Sierra Club and Responsible Land Use. The applicant discussed the history of the project, presented all versions of the previous designs an d the challenges associated with them. The applicant explained that all of the modifications to the site plan including the redesign of the street that curves away from the hillside and the reduction of lots were made with the express purpose of reducing overall grading impacts, minimizing retaining wall heights and reducing impacts to native habitat and trees. According to the applicant, the representatives were appreciative of these efforts to redesign the project to be more sensitive to the surrounding environment with a more thoughtful, less impactful design. Sierra Club and Responsible Land Use requested involvement during the final landscape and irrigation design for the project, including the planting and irrigation of the replacement native oaks and walnut replacement trees. The applicant agreed to involve them during this process. The representatives also offered to assist the applicant with finding an entity that would potentially be interested in taking ownership of the remainder open space parcel, which the applicant will continue to analyze and keep city staff apprised. Compatibility with Neighborhood The proposed project complies with the goals, objectives and land use criteria as set forth in the adopted General Plan in terms of land use. Th e design and appearance of the proposed residential development is compatible with the surrounding community and incorporates the principles of the City’s Residential Design Guidelines as follows: 7.1 Packet Pg. 36 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 27 of 32 • Quality Housing. The project contributes to the diversity of the City’s housing stock with high-quality housing and the added bonus of an ADU to accommodate persons of all ages, occupations and levels of financial status. • Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with varying setbacks, projections, and varied textures, which mitigates the scale and massing of the structures. • Preservation of Existing Hillside. The Project is designed to minimize negative impacts to the existing hillside. The main access road curves away from the hillside to follow the natural contours, thereby substantially reducing the retaining wall heights and minimize potential aesthetic and biological impacts to the eastern portion of the site. • Compatibility with Adjacent Uses. Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. Homes on Lots 1 and 2 were carefully designed to minimize potential privacy impacts to the existing adjacent homes on Crooked Creek Drive. The home on Lot 1 will be distanced 30 feet away from the adjacent home and 40 feet from proposed third story windows. The alignment of the proposed home would not impact the rear yard of the existing home. Views would only face the side elevation of the existing home which have no windows or to the front yard which is already visible from the street. The building pad of Lot 2 will be approximately 10 feet lower than the building pad of the adjacent home, thereby reducing the overall height, and the new home will maintain a 35 -foot distance from this neighbor. Additionally, there are existing mature trees that exist on the adjacent property that provides a dense buffer. 7.1 Packet Pg. 37 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 28 of 32 Rendering of proposed home on Lot 1 and adjacent existing home located on 3722 Crooked Creek Drive Aerial view of proposed Lots 1 and 2 and adjacent neighbors on Crooked Creek Drive 7.1 Packet Pg. 38 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 29 of 32 Rendering of view from Castle Rock Road looking east A row of Bradford pear and fruitless olive trees will be planted along the rear yards of Lots 2 through 7 to not only minimize the visual impact of the development, but to maintain privacy for the existing and future residents. With the proposed landscape easement in the rear yards of these residential lots, a landscaping buffer will be maintained in order to provide some visual relief to existing homes. The development is designed to minimize visual impacts to the surrounding homes by use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. Native trees found in the area such as coast live oak and Southern California black walnut will be used as open space plantings and within landscaped areas which are compatible and harmonious with the prevailing pattern of planting in the immediate area. Other various tree species will be used to soften building lines and Rendering of proposed home on Lot 2 and adjacent existing home located on 3723 Crooked Creek Drive 7.1 Packet Pg. 39 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 30 of 32 blend structures with the environment, creating a transition between the hard vertical edges of buildings and walls and the softer horizontal lines of the site. • Landscape Design: Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well a s integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes. Additional Review The Parks and Recreation and Public Works/Engineering Departments, Building and Safety Division, as well as the County of Los Angeles Fire Department reviewed this project and included their comments in the attached resolution as conditions of approval (Attachment B). Public Comments Received No comments have been received as of the publication date of this report, except those received during the public review period of the IS/MND. ENVIRONMENTAL ASSESSMENT: This Project has been reviewed for compliance with the California Envir onmental Quality Act (CEQA). Based on that assessment, the City prepared an Initial Study and filed a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Project with the Office of Planning and Research on November 9, 2021, and with t he Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper (see Exhibit A of Attachment A). The notice was also mailed to public agencies and residents who attended the community meetings. Pursuant to CEQA Section 15105, the public review period for the IS/MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days. The Initial Study is an environmental analysis that is prepared to determine whether a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report (EIR) is needed for a project. If the Initial Study concludes that the proposed Project will not significantly affect the environment, a Negative Declaration may be prepared. If there are potential impacts from the proposed Project that can be mitigated to a level below accepted levels of significance, a Mitigated Negative Declaration may be prepared. The Initial Study concluded that the Project will not significantly affect the environment through the incorporation of 22 mitigation measures, and as the result of revisions made to the Project design from previous versions. An MND is a document that describes the reasons that the Project will not have a significant effect on the environment by properly conditioning the Project (“mitigation measures”) to make the Project acceptable. It is used to guide and assist the City staff, 7.1 Packet Pg. 40 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 31 of 32 Planning Commission, City Council, and the public in the consideration and evaluation of potential environmental impacts that may result from the Project and must be considered by the Commission prior to recommending approval of the Project. The MND for the Project, documents reasons to support the findings that the Project would not have any potentially significant impacts on the environment with the proposed mitigation measures which are contained with the Mitigation Monitoring and Reporting Program (MMRP) prepared as part of the MND. The purpose of the MMRP is to ensure compliance with the mitigation measures, address site-specific conditions for the Project, and also identifies timing and responsibility for monitoring each measure. The Project is conditioned to include these mitigation measures as part of Project approval. During the public review period, the City received seven comments on the draft IS/MND from the following agencies/groups: 1. California Department of Fish and Wildlife (CDFW): Various impacts on fish and wildlife (biological) resources and additional mitigation measures advised to adequately address potential impacts. 2. County of L.A. Department of Parks and Recreation: Public access easement to trailhead and future County trail. 3. County of L.A. Fire Department: Access and water requirements. Impacts to erosion control, watershed management, rare and endangered species, vegetation, fuel modification, archaeological and cultural resources, and the County Oak Tree Ordinance. 4. Diamond Bar - Pomona Valley Sierra Club Task Force: Biological resources, air quality, hydrology, fuel modification, wildfire, trail access and concurrence with CDFW’s additional mitigation measures. 5. L.A. County Sanitation Districts: Wastewater requirements. 6. Responsible Land Use: Concurrence with CDFW’s additional mitigation measures. 7. Sierra Club Wildland Urban Wildfire Committee: Wildfire impacts. Responses to each of the comments received were prepared and posted on the City’s website at www.diamondbarca.gov/crookedcreeksubdivision. The agencies/groups that commented were individually notified of the availability of the response to comments along with the public hearing notice on April 15, 2022. NOTICE OF PUBLIC HEARING: On April 15, 2022, public hearing notices were mailed to property owners within a 1,000-foot radius of the project site, as well as to the public agencies that commented on the IS/MND and residents who attended the community meeting. On April 15, 2022, the notice was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites. 7.1 Packet Pg. 41 Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit an d Conditional Use Permit Planning Case No. PL2017-203 Page 32 of 32 PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2022-XX (Recommending Approval of MND and MMRP) B. Draft Resolution No. 2022-XX (Recommending Approval of VTTM, DR, TP, and CUP) and Standard Conditions of Approval C. Site Utilization Map, Vesting Tentative Tract Map, Conceptual Grading Plans, Architectural Plans, and Landscape Plans 7.1 Packet Pg. 42 PLANNING COMMISSION RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM FOR THE CROOKED CREEK RESIDENTIAL SUBDIVISION PROJECT (CASE NO. PL2017-203), CONSISTING OF VESTING TENTATIVE TRACT MAP NO. 54081, AND ASSOCIATED DEVELOPMENT REVIEW, TREE PERMIT, AND CONDITIONAL USE PERMIT, LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, EAST OF THE SR-57 FREEWAY, BREA CANYON ROAD AND BREA CANYON FLOOD CONTROL CHANNEL, AND NORTH OF THE CITY’S SOUTHERN BOUNDARY (ASSESSORS PARCEL NO. 8714-028-003). A. RECITALS 1. The applicant, New Bridge Homes, and owner, Cathay View Development, LLC, filed an application requesting approval of specified entitlements necessary for the residential development of a 12.9-acre parcel located at the southerly terminus of Crooked Creek Drive (“Project”). 2. The Project is comprised of the following entitlement requests: (a)Vesting Tentative Tract Map No. 54081 (“VTTM No 54081”) to subdivide the subject property into nine parcels for the following purposes: seven (7) single-family residential lots; one lot reserved for a trailhead that anticipates the future improvement of Los Angeles County- owned easements to provide access to the Schabarum Trail system; and one lot containing approximately 10.4 acres of preserved open space and associated maintenance access. Access to the lots is proposed by extending and dedicating Crooked Creek Drive for public right-of-way purposes. (b)Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards. (c)Tree Permit to remove 62 existing protected trees consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them at a 3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on-site. (d)Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards: i. Increase the exposed retaining wall height limit from six feet to 17 feet. ii. Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively. 7.1.a Packet Pg. 43 2 PC Resolution No. 2022-XX iii. Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively. 3. The subject property consists of one parcel totaling 12.9 gross acres, located in the Low Density Residential Planned Development (RL-PD) zone with an underlying General Plan land use designation of Low Density Residential (RL). 4. The legal description of the subject property is Lot 4 of Parcel Map as per book 74, pages 3-4. The Assessor’s Parcel Number (APN) is 8714-028-003. 5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended applicant-hosted community meetings. The public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days, which exceeds the minimum 30-day public review period set forth pursuant to CEQA Guidelines Section 15105. 6. In accordance with CEQA Guidelines Section 15074, a Resolution recommending City Council adoption of the Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the project was reviewed by the Planning Commission. 7. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on April 15, 2022. Public hearing notices were mailed to property owners within a 1000-foot radius of the project site and to residents who attended the community meetings hosted by the applicant. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City’s designated community posting sites. 8. On April 26, 2022, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 9. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 7.1.a Packet Pg. 44 3 PC Resolution No. 2022-XX 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution required a Mitigated Negative Declaration (MND). The MND has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The minimum 30-day public review period for the MND began on November 10, 2021, and ended on December 20, 2021. Furthermore, the Planning Commission has reviewed the MND and related documents in reference to the Project. 3. The Planning Commission based on the findings and conclusions set forth herein, hereby finds and determines that conditions have been incorporated into the Application, which mitigate environmental impacts identified in the MND. The Planning Commission hereby recommends that the City Council adopt the MND and Mitigation Monitoring and Reporting Program attached herein as Exhibits A and B and hereby incorporated by reference. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. By: Raymond Wolfe, Chairperson I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission held on the 26th day of April, 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 7.1.a Packet Pg. 45 4 PC Resolution No. 2022-XX EXHIBITS: Exhibit A: Notice of Availability and Intent to Adopt a Mitigation Negative Declaration, Notice of Completion and Environmental Document Transmittal to State Clearinghouse Exhibit B: Mitigation Monitoring and Reporting Program 7.1.a Packet Pg. 46 EXHIBIT A 7.1.a Packet Pg. 47 7.1.a Packet Pg. 48 Note: The state Clearinghouse will assign identification numbers for all new projects. If a SCH number already exists for a project (e.g. Notice of Preparation or previous draft document) please fill in. Revised 2010 Notice of Completion & Environmental Document Transmittal Mail to: State Clearinghouse, P. O. Box 3044, Sacramento, CA 95812-3044 (916) 445-0613 For Hand Delivery/Street Address: 1400 Tenth Street, Sacramento, CA 95814 Project Title: Crooked Creek Subdivision Lead Agency: City of Diamond Bar Contact Person: Mayuko Nakajima Mailing Address: 21810 Copley Drive Phone: 909.839.7033 City: Diamond Bar Zip: 91765 County: Los Angeles Project Location: County: Los Angeles City/Nearest Community: Diamond Bar Cross Streets: Crooked Creek Drive and Gold Run Drive Zip Code: 91765 Lat. / Long. (degrees, minutes, and seconds): 33 57 43.12 N/ 117 51 02.18 W Total Acres: 12.9 Assessor's Parcel No.: 8714-028-003 Section: 29 Twp.: 2 S Range: 9W Base: Yorba Linda Within 2 Miles: State Hwy #: 57 Waterways: Brea Canyon Flood Channel Airports: NA Railways: NA Schools: See Attachment A Document Type: CEQA: NOP Draft EIR NEPA: NOI Other: Joint Document Early Cons Supplement/Subsequent EIR EA Final Document Neg Dec (Prior SCH No.) Draft EIS Other Mit Neg Dec Other FONSI Local Action Type: General Plan Update Specific Plan Rezone Annexation General Plan Amendment Master Plan Prezone Redevelopment General Plan Element Planned Unit Development Use Permit Coastal Permit Community Plan Site Plan Land Division (Subdivision, etc.) Other Tree Permit Development Type: Residential: Units 7 Acres 2.5 Office: Sq.ft. Acres Employees Transportation: Type Commercial: Sq.ft. Acres Employees Mining: Mineral Industrial: Sq.ft. Acres Employees Power: Type MW Educational Waste Treatment: Type MGD Recreational Hazardous Waste: Type Water Facilities: Type MGD Other: 5 Attached Assessory Dwelling Units Project Issues Discussed in Document: Aesthetic/Visual Fiscal Recreation/Parks Vegetation Agricultural Land Flood Plain/Flooding Schools/Universities Water Quality Air Quality Forest Land/Fire Hazard Septic Systems Water Supply/Groundwater Archeological/Historical Geologic/Seismic Sewer Capacity Wetland/Riparian Biological Resources Minerals Soil Erosion/Compaction/Grading Growth Inducement Coastal Zone Noise Solid Waste Land Use Drainage/Absorption Population/Housing Balance Toxic/Hazardous Cumulative Effects Economic/Jobs Public Services/Facilities Traffic/Circulation Other: Tribal Cultural & Wildfire Present Land Use/Zoning/General Plan Designation: Present Land Use – Undeveloped / Zoning – Low Density Residential – Planned Development / General Plan Designation – Low Density Residential Project Description: (please use a separate page if necessary) See Attachment B SCH # 7.1.a Packet Pg. 49 Reviewing Agencies Checklist Lead Agencies may recommend State Clearinghouse distribution by marking agencies below with and "X". If you have already sent your document to the agency please denote that with an "S". Air Resources Board S Office of Historic Preservation Boating & Waterways, Department of Office of Public School Construction California Emergency Management Agency Parks & Recreation, Department of California Highway Patrol Pesticide Regulation, Department of S Caltrans District # 7 Public Utilities Commission Caltrans Division of Aeronautics S Regional WQCB # 4 Caltrans Planning Resources Agency Central Valley Flood Protection Board Resources Recycling and Recovery, Department of Coachella Valley Mountains Conservancy S.F. Bay Conservation & Development Commission Coastal Commission San Gabriel & Lower L.A. Rivers and Mtns Conservancy Colorado River Board San Joaquin River Conservancy S Conservation, Department of Santa Monica Mountains Conservancy Corrections, Department of State Lands Commission Delta Protection Commission SWRCB: Clean Water Grants Education, Department of S SWRCB: Water Quality Energy Commission SWRCB: Water Rights S Fish & Wildlife Region # 5 Tahoe Regional Planning Agency Food & Agriculture, Department of Toxic Substances Control, Department of Forestry and Fire Protection, Department of Water Resources, Department of General Services, Department of Health Services, Department of Other Housing & Community Development Other S Native American Heritage Commission Local Public Review Period (to be filled in by lead agency) Starting Date November 10, 2021 Ending Date December 20, 2021 Lead Agency (Complete if applicable): Consulting Firm: Environmental Science Associates Applicant: New Bridge Homes Address: 16755 Von Karman Avenue, Suite 200 Address: 500 Newport Center Drive, Suite 570 City/State/Zip: Irvine, CA 92606 City/State/Zip: Newport Beach, CA 92260 Contact: Michael E. Houlihan, AICP Phone: 949.344.2703 Phone: 949.753.7001 Signature of Lead Agency Representative: Date: Authority cited: Section 21083, Public Resources Code. Reference: Section 21161, Public Resources Code. 11/9/21 7.1.a Packet Pg. 50 Attachments Notice of Completion & Environmental Document Transmittal Diamond Bar Crooked Creek Subdivision Attachment A Schools within two miles of the Project site include: Castle Rock Elementary School (0.75 miles), Evergreen Elementary School (1.4 miles), Shelyn Elementary School (1.9 miles), South Pointe Middle School (2.0 miles) and Diamond Bar High School (1.4 miles). Attachment B The Project includes the development of seven single-family residences, five attached accessory dwelling units, and associated infrastructure including a southward expansion of the existing Crooked Creek Drive and a maintenance access within the Proposed Development Area of the approximately 12.9-acre vacant Project Site. The Project consists of nine total lots: seven residential lots; one lot designated for the private roadway (i.e., southward expansion of Crooked Creek Drive); and one lot which includes the maintenance access and approximately 10.4 acres of retained undeveloped area. The single-family residences range in size from 3,893 square feet to 4,814 square feet up to 34 feet in height. Lots 2 through 6 also includes an attached accessory dwelling unit that range from 499 square feet to 600 square feet within the same structure as the single-family residence. 7.1.a Packet Pg. 51 Crooked Creek Residential Subdivision 5-1 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration CHAPTER 5 Mitigation Monitoring and Reporting Program Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance BIO-1:Prior to the issuance of a grading permit, the Project applicant shall submit a construction site housekeeping plan that reduces construction disturbances. The housekeeping plan shall adhere to the following measures: Project Applicant Community Development Department Prior to issuance of grading permit The Project disturbance limits shall be clearly marked with construction fencing (or other highly visible material), and construction/materials staging and vehicle/equipment maintenance and fueling areas shall be located at least 100 feet away from Brea Canyon Channel. Project Construction Contractor Community Development Department Prior to grading All Project-related construction vehicle traffic shall be restricted to established roads, construction areas, and other designated areas. Project Construction Contractor Community Development Department During grading Construction Project-related vehicles shall observe a daytime speed limit of 20 miles per hour on streets within residential neighborhoods and a speed limit of 15 miles per hour on the Project site prior to the construction of Crooked Creek Drive. Project Construction Contractor Community Development Department During construction All excavated, steep-walled holes or trenches more than 2-feet deep shall be covered at the close of each construction work day by plywood or similar materials. If the trenches cannot be Project Construction Contractor Community Development Department During construction EXHIBIT B 7.1.a Packet Pg. 52 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-2 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance closed, one or more escape ramps constructed of earthen-fill or wooden planks shall be installed. Before such holes or trenches are filled, they shall be thoroughly inspected for trapped animals. In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape. All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least daily from the construction site. Project Construction Contractor Community Development Department During construction Pets, such as dogs or cats, shall not be permitted on the Project site during construction to present harassment, injury, or death of wildlife in the Project vicinity. Project Construction Contractor Community Development Department During construction Use of rodenticides and herbicides on the Project site shall be restricted. All uses of such compounds shall observe label and other restrictions mandated by the U.S. Environmental Protection Agency, California Department of Food and Agriculture, and other State and federal legislation. Project Construction Contractor Community Development Department During construction BIO-2:Prior to the issuance of a grading permit, the Project applicant shall submit a Stormwater Pollution Prevention Plan to the City of Diamond Bar Public Works Department for approval that specifies the best management practices (BMPs) that would be used to prevent construction pollutants from contacting stormwater, with the intent of keeping sedimentation or any other pollutants from moving offsite and into receiving waters. The BMPs could include the following: Project Applicant Public Works Department Prior to issuance of grading permit Limiting grading to the minimum area necessary for construction, operation and decommissioning of the project (erosion control); Project Construction Contractor Public Works Department During construction 7.1.a Packet Pg. 53 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-3 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance Limiting vegetation disturbance/removal to the maximum extent practicable (erosion control); Implementing fiber rolls and sand bags around drainage areas and the site disturbance perimeter (sediment control); Stockpiling and disposing of demolition debris and soil properly (sediment control); Installation of a stabilized construction entrance/exit and stabilization of disturbed areas (sediment control); Proper protections for fueling and maintenance of equipment and vehicles (non-stormwater); Managing waste, aggressively controlling litter, and implementing sediment controls (non- stormwater) BIO-3: If removal of onsite trees and vegetation occurs during the non-nesting season (September 16 through December 31), no nesting survey or biological monitor are required. If the removal of onsite trees and vegetation occurs during the nesting season (January 1 through September 15), the Project applicant shall provide the City documentation that a qualified biologist has been retained and would conduct a preconstruction nesting survey no more than 3 days prior to the start of removal activities. The preconstruction nesting surveys shall include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits. If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer (e.g., 300 feet for passerine [perching birds and songbirds] or 500 feet for raptors and/or as determined to be appropriate by the qualified biologist for CESA or FESA listed bird species) around the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no longer active or the nest has failed. The buffer may be modified (i.e., increased or decreased) and/or other Project Applicant; Biologist Community Development Department Prior to issuance of grading permit 7.1.a Packet Pg. 54 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-4 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance recommendations proposed (e.g., a temporary soundwall) as determined appropriate by the qualified biologist to minimize impacts. The qualified biologist shall monitor the removal of onsite trees and vegetation. Nest buffer distance will be based on species, specific location of the nest, the intensity of construction activities, existing disturbances unrelated to the proposed Project, and other factors as determined by a qualified biologist. If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the work area and areas that are 500 feet from the work area. BIO-4:Prior to the issuance of a grading permit, a protected tree replacement plan shall be submitted to the City of Diamond Bar for approval. The plan shall demonstrate at least a 3:1 in-kind replacement ratio. The protected tree replacement plan shall be comprehensive and include the requirement for a certified arborist to evaluate trees prior to removal for infectious tree diseases including but not limited to: sudden oak death (Phytophthora ramorum), thousand canker fungus (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and goldspotted oak borer (Agrilus auroguttatus). The protected tree replacement plan shall incorporate provisions for disease management using best available management practices including: (1) treated infected trees before removing them from the Project site; (2) cleaning and disinfecting all pruning and power tools before and after use to prevent the introduction and/or spread of pathogens; (3) and irrigation avoidance within oak tree canopies. With the removal of protected trees within the proposed grading limits that include a total of 4 coast live oaks and 58 southern California black walnuts, the Project applicant shall provide a replacement plan that includes at least 12 coast live oaks and 174 California black walnuts. The replacement trees shall include a combination of boxed Project Applicant; Biologist Community Development Department Prior to issuance of grading permit 7.1.a Packet Pg. 55 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-5 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance trees within landscaped areas and seedlings and smaller-sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. If all of the replacement trees cannot be located on the Project site, some replacement trees shall be located off-site at a location approved by the City. The protected tree replacement plan shall also provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. BIO-5: Due to potential habitat within the Project footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and mobilization, a qualified biologist knowledgeable of mountain lion species ecology should survey areas that may provide habitat for mountain lions to determine presence/absence and potential for natal dens. Caves and other natural cavities, and thickets in brush and timber provide cover and are used for denning. Females may be in estrus at any time of the year, but in California, most births are believed to occur in spring. Surveys should be conducted when the species is most likely to be detected, during crepuscular periods at dawn and dusk (Pierce and Bleich 2003). Survey results including negative findings should be submitted to CDFW prior to initiation of Project activities. The survey report should include a map of potential denning sites. The survey report should include measures, such as suspension of work until the qualified biologist can safely determine that the species has left the site, to avoid impacts to mountain lions that may be in the area as well as dens and cubs, if necessary. Project Applicant; Biologist Community Development Department Prior to issuance of grading permit BIO-6: If potential habitat for natal-dens are identified during the survey required by Mitigation Measure BIO-5, avoidance of potential impacts to mountain lions, especially during spring, to protect vulnerable cubs should be implemented. Two weeks prior to Project commencement, a qualified biologist should conduct a Project Applicant; Biologist Community Development Department Prior to issuance of grading permit 7.1.a Packet Pg. 56 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-6 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance survey for mountain lion natal dens. The survey area should include the construction footprint and the area within 1,000 feet (or within the limits of the property line) of the Project disturbance boundaries. CDFW shall be notified within 24 hours upon location of a natal den. If an active natal den is located, during construction activities, all work shall cease. No work shall occur within a 2,000-foot buffer from an active natal den. A qualified biologist shall notify CDFW to determine the appropriate course of action. CDFW shall also be consulted to determine an appropriate setback from the natal den that would not adversely affect the successful rearing of the cubs but allow construction activities to continue. No construction activities or human intrusion shall occur within the established setback until mountain lion cubs have been successfully reared; the mountain lions have left the area; or as determined in consultation with CDFW. BIO-7: If “take” or adverse impacts to mountain lion cannot be avoided either during Project construction and over the life of the Project, Project proponent shall consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, §2080 et seq.). Project Applicant; Biologist Community Development Department Prior to issuance of grading permit BIO-8: Prior to initiation of Project construction and activities within or adjacent to suitable nesting habitat during least Bell’s vireo breeding season (March 15 – September 15), a qualified biologist with experience surveying for least Bell’s vireo shall conduct surveys following USFWS established protocols to determine whether breeding and nesting least Bell’s vireos are present within 500 feet of the Project site. If least Bell’s vireo is present, no construction shall take place from March 15 through September 15. The results of the survey will be submitted to the City and CDFW. Project Applicant; Biologist Community Development Department Prior to issuance of grading permit CUL-1: The Applicant shall retain an archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for Archaeology (Qualified Archaeologist) to carry out all mitigation related to archaeological resources. Prior to start of ground- Project Applicant; Archaeologist Community Development Department Prior to issuance of grading permit 7.1.a Packet Pg. 57 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-7 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance disturbing activities, the Qualified Archaeologist or their designee (archaeological monitor) shall conduct cultural resources sensitivity training for all construction personnel so that potential resources could be identified during construction activities and procedures for encountering resources are understood by construction personnel. Construction personnel shall be informed of the types of archaeological resources that may be encountered, the proper procedures to be enacted in the event of an inadvertent discovery of archaeological resources or human remains, and safety precautions to be taken when working with archaeological monitors. The City shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance. CUL-2: Archaeological monitoring shall be conducted during ground disturbing activities, such as clearing/grubbing, grading, trenching, or any other construction excavation activity associated with the Project. Monitoring shall be conducted by the Qualified Archaeologist or the archaeological monitor who is familiar with the types of archaeological resources that could be encountered and who will work under the direct supervision of the Qualified Archaeologist. Monitoring can be reduced to part-time inspections or ceased entirely if determined appropriate by the Qualified Archaeologist, based on field observations. In the event that archaeological resources are unearthed during ground-disturbing activities, the archaeological monitor shall be empowered to halt or redirect ground-disturbing activities away from the vicinity of the discovery until it has been evaluated. The archaeological monitor shall keep daily logs detailing the types of activities and soils observed, and any discoveries. Archaeological monitor Community Development Department During ground disturbing activities 7.1.a Packet Pg. 58 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-8 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance CUL-3: In the event of the unanticipated discovery of archaeological materials, the Qualified Archaeologist or archaeological monitor shall immediately cease all work activities in the area (within approximately 100 feet) of the discovery until it can be evaluated by the Qualified Archaeologist. Construction shall not resume until the Qualified Archaeologist has conferred with the City on the significance of the resource. If it is determined that the discovered archaeological resource constitutes a historical resource or unique archaeological resource pursuant to CEQA, avoidance and preservation in place shall be the preferred manner of mitigation. Preservation in place maintains the important relationship between artifacts and their archaeological context and also serves to avoid conflict with traditional and religious values of groups who may ascribe meaning to the resource. Preservation in place may be accomplished by, but is not limited to, avoidance, incorporating the resource into open space, capping, or deeding the site into a permanent conservation easement. In the event that preservation in place is determined to be infeasible and data recovery through excavation is the only feasible mitigation available, an Archaeological Resources Treatment Plan shall be prepared and implemented by the Qualified Archaeologist that provides for the adequate recovery of the scientifically consequential information contained in the archaeological resource. The City shall consult with appropriate Native American tribal representatives in determining treatment for prehistoric or Native American resources to ensure cultural values ascribed to the resources, beyond those that are scientifically important, are considered. The treatment plan shall include provisions for the final disposition of the recovered resources, which may include onsite reburial, curation at a public, non-profit institution, or donation to a local Native American Tribe, school, or historical society. Archaeologist; Archaeological monitor Community Development Department During ground disturbing activities CUL-4: At the conclusion of archaeological monitoring and prior to the release of the grading bond, the Qualified Archaeologist shall prepare a final monitoring report. The report shall include a summary of monitoring Archaeologist Community Development Department Prior to release of grading bond 7.1.a Packet Pg. 59 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-9 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance results, description of resources unearthed, if any, significance evaluation and treatment of the resources, and the results of the artifact processing, analysis, and research. Appropriate California Department of Parks and Recreation 523 Forms shall be appended to the report, as necessary. The report shall be submitted by the Applicant to the City to signify the satisfactory completion of the Project and required mitigation measures. The Qualified Archaeologist shall submit the final report to the South Central Coastal Information Center within 30 days of its acceptance by the City. CUL-5: If human remains are encountered, the Applicant or its contractor shall halt work in the vicinity (within 100 feet) of the discovery and contact the Los Angeles County Coroner in accordance with Public Resources Code Section 5097.98 and Health and Safety Code Section 7050.5, which requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. If the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC shall then identify the person(s) thought to be the Most Likely Descendent (MLD). The MLD may, with the permission of the landowner, or his or her authorized representative, inspect the site of the discovery of the Native American remains and may recommend to the owner or the person responsible for the excavation work means for treating or disposing, with appropriate dignity, the human remains and any associated grave goods. The MLD shall complete their inspection and make their recommendation within 48 hours of being granted access by the landowner to inspect the discovery. The recommendation may include the scientific removal and nondestructive analysis of human remains and items associated with Native American burials. Upon the discovery of the Native American remains, the landowner shall ensure that the immediate vicinity, according to generally accepted cultural or archaeological standards or practices, where the Native Applicant; Archaeologist; Community Development Department During ground disturbing activities 7.1.a Packet Pg. 60 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-10 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance American human remains are located, is not damaged or disturbed by further development activity until the landowner has discussed and conferred, as prescribed in this mitigation measure, with the MLD regarding their recommendations, if applicable, taking into account the possibility of multiple human remains. The landowner shall discuss and confer with the MLD on all reasonable options regarding their preferences for treatment. If the NAHC is unable to identify an MLD, or the MLD identified fails to make a recommendation, or the landowner rejects the recommendation of the MLD and the mediation provided for in Subdivision (k) of Section 5097.94, if invoked, fails to provide measures acceptable to the landowner, the landowner or his or her authorized representative shall inter the human remains and items associated with Native American human remains with appropriate dignity on the facility property in a location not subject to further and future subsurface disturbance. PALEO-1: The Applicant shall retain a paleontologist who meets the Society of Vertebrate Paleontology’s (SVP, 2010) definition for Qualified Professional Paleontologist to carry out all mitigation related to paleontological resources. Prior to the start of ground- disturbing activities, the Qualified Professional Paleontologist or their designee (Paleontological Resource Monitor who meets the definition in SVP 2010) shall conduct construction worker paleontological resources sensitivity training for all construction personnel. Construction personnel shall be informed on how to identify the types of paleontological resources that may be encountered, the proper procedures to be enacted in the event of an inadvertent discovery of paleontological resources, and safety precautions to be taken when working with paleontological monitors. The City shall ensure that construction personnel are made available for and attend the training and retain documentation demonstrating attendance. Project Applicant; Paleontologist Community Development Department Prior to issuance of grading permit 7.1.a Packet Pg. 61 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-11 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance PALEO-2: Paleontological monitoring shall be conducted during ground-disturbing activities below 5 feet in Quaternary alluvium and at all depths within the La Vida Member of the Puente Formation. Monitoring shall be conducted by the Qualified Professional Paleontologist or their designee (Paleontological Resource Monitor working under the direct supervision of the Qualified Professional Paleontologist. Monitoring shall follow the standard procedures of the Society of Vertebrate Paleontology (SVP, 2010). Monitoring shall consist of visually inspecting fresh exposures of rock for larger fossil remains and, where appropriate, collecting sediment samples to wet or dry screen to test promising horizons for smaller fossil remains. If the Qualified Professional Paleontologist determines that full-time monitoring is no longer warranted, based on the specific geologic conditions at the surface or at depth, the Qualified Professional Paleontologist may recommend that monitoring be reduced to periodic spot-checking or cease entirely. Paleontological monitor Community Development Department During ground disturbing activities PALEO-3: If a potential fossil is found, the Qualified Professional Paleontologist or their designee (Paleontological Resource Monitor) shall monitor excavation activities and shall be allowed to temporarily divert or redirect grading and excavation activities in the area of the exposed fossil to facilitate evaluation of the discovery. An appropriate buffer area shall be established by the Qualified Professional Paleontologist around the find where construction activities shall not be allowed to continue. Work shall be allowed to continue outside of the buffer area. At the Qualified Professional Paleontologist or Paleontological Resource Monitor’s discretion, and to reduce any construction delay, the grading and excavation contractor shall assist in removing rock/sediment samples for initial processing and evaluation. If a fossil is determined to be significant, the Qualified Professional Paleontologist shall implement a paleontological salvage program to remove the resources from their location, following the guidelines of the SVP (2010). Any fossils encountered Paleontologist; Paleontological monitor Community Development Department During ground disturbing activities 7.1.a Packet Pg. 62 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-12 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance and recovered shall be prepared to the point of identification, catalogued, and curated at a public, non- profit institution with a research interest in the material and with retrievable storage, such as the Natural History Museum of Los Angeles County, if such an institution agrees to accept the fossils. If no institution accepts the fossil collection, they shall be donated to a local school in the area for educational purposes. Accompanying notes, maps, and photographs shall also be filed at the repository and/or school. If construction personnel discover any potential fossils during construction while the Qualified Professional Paleontologist or Paleontological Resource Monitor is not present, regardless of the depth of work or location, work at the discovery location shall cease in a 50-foot radius of the discovery until the Qualified Professional Paleontologist has assessed the discovery and recommended and implemented appropriate treatment as described earlier in this measure. PALEO-4: At the conclusion of paleontological monitoring and prior to the release of the grading bond, the Qualified Professional Paleontologist shall prepare a report summarizing the results of the monitoring and salvage efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report shall be submitted by the Applicant to the City, the Natural History Museum of Los Angeles County, and representatives of other appropriate or concerned agencies as determined by the Qualified Professional Paleontologist to signify the satisfactory completion of the Project and required mitigation measures Paleontologist Community Development Department Prior to release of grading bond NOISE-1: The operation of large bulldozers and drill rigs shall be prohibited within 115 feet of existing residential structures located east and west of the existing Crooked Creek cul-de-sac. Instead, small construction equipment such as small bulldozers, shall be used within this area during the duration of construction. Project Construction Contractor Community Development Department During construction activities 7.1.a Packet Pg. 63 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-13 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance NOISE-2: The operation of loaded trucks traveling within the on-site unpaved surfaces, shall not occur within 105 feet of existing residential structures located immediately east and west of the existing Crooked Creek Drive cul- de-sac adjacent to the Project Site. A temporary asphalt surface shall be installed, extending Crooked Creek Drive onto the Project Site to allow access for loaded trucks within 105 feet from existing residential structures. Project Construction Contractor Community Development Department During construction activities NOISE-3: During all phases of construction, trucks traveling on paved surfaces (within the residential roadway network) shall travel at speeds no greater than 15 miles per hour. Project Construction Contractor Community Development Department During construction activities TCR-1: Prior to the commencement of any ground- disturbing activity at the Project Site, the Applicant shall retain a Native American monitor. The Native American monitor shall be selected from a tribe that has requested that a monitor be present, and in which the Project Site is within their ancestral region of occupation. The Native American monitor shall only be present on-site during the construction phases that involve ground-disturbing activities. Ground-disturbing activities are defined as activities that may include, but are not limited to, grubbing, tree removals, boring, grading, excavation, drilling, and trenching. The Native American monitor shall complete daily monitoring logs that shall provide descriptions of the day’s activities, including construction activities, locations, soil, and any cultural materials identified. The on-site monitoring shall end when all ground-disturbing activities on the Project Site are completed, or when the Native American monitor has indicated that all upcoming ground-disturbing activities at the Project Site have little to no potential for impacting tribal cultural resources. Applicant Community Development Department Prior to ground disturbing activities TCR-2: In the event tribal cultural resources are discovered during Project construction, construction activities shall cease in the immediate vicinity of the find (not less than the surrounding 100 feet) until the find can be assessed. All tribal cultural resources unearthed by Project activities shall be evaluated by the Native Project Construction Contractor; Applicant; Archaeologist Community Development Department Prior to ground disturbing activities 7.1.a Packet Pg. 64 5. Mitigation Monitoring and Reporting Program Crooked Creek Residential Subdivision 5-14 ESA / 180195.00 Response to Comments on Public Review Draft April 2022 Initial Study / Mitigated Negative Declaration Mitigation Measures Implementation Responsibility Monitoring Responsibility Timing Date of Compliance American monitor and the Qualified Archaeologist who meets the Secretary of the Interior’s Professional Qualifications Standards for Archaeology. If the tribal cultural resources are also historical resources or unique archaeological resources, the affected tribe, City, and Qualified Archaeologist will confer on the final disposition of the resource(s), which may include onsite reburial, curation at a public, non-profit institution, or donation to the affected tribe. If the tribal cultural resources are not also historical resources or unique archaeological resources, the affected tribe will retain it/them in the form and/or manner the tribe deems appropriate, for educational, cultural and/or historic purposes. Work may continue in other parts of the Project Site while evaluation and any required recovery activities take place. Preservation in place (i.e., avoidance) is the preferred manner of treatment. If preservation in place is not feasible, treatment may include implementation of archaeological data recovery excavations to remove the resource along with subsequent laboratory processing and analysis. 7.1.a Packet Pg. 65 PLANNING COMMISSION RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE THE CROOKED CREEK RESIDENTIAL SUBDIVISION PROJECT (CASE NO. PL2017-203), CONSISTING OF VESTING TENTATIVE TRACT MAP NO. 54081, AND ASSOCIATED DEVELOPMENT REVIEW, TREE PERMIT, AND CONDITIONAL USE PERMIT, LOCATED AT THE SOUTHERN TERMINUS OF CROOKED CREEK DRIVE, EAST OF THE SR-57 FREEWAY, BREA CANYON ROAD AND BREA CANYON FLOOD CONTROL CHANNEL, AND NORTH OF THE CITY’S SOUTHERN BOUNDARY (ASSESSORS PARCEL NO. 8714 -028-003). A. RECITALS 1. The applicant, New Bridge Homes, and owner, Cathay View Development, LLC, filed an application requesting approval of specified entitlements necessary for the residential development of a 12.9-acre parcel located at the southerly terminus of Crooked Creek Drive (“Project”). 2. The Project is comprised of the following entitlement requests: (a) Vesting Tentative Tract Map No. 54081 (“VTTM No 54081”) to subdivide the subject property into nine parcels for the following purposes: seven (7) single-family residential lots; one lot reserved for a trailhead that anticipates the future improvement of Los Angeles County-owned easements to provide access to the Schabarum Trail system; and one lot containing approximately 10.4 acres of preserved open space and associated maintenance access. Access to the lots is proposed by extending and dedicating Crooked Creek Drive for public right-of-way purposes. (b) Development Review to approve the site, architectural and landscape design of a new residential development to ensure consistency with the General Plan, Development Code, and compliance with all applicable and design guidelines and standards. (c) Tree Permit to remove 62 existing protected trees consisting of 58 Southern California black walnuts and four coast live oaks, and to replace them at a 3:1 ratio with 201 Southern California black walnuts and 12 coast live oaks, totaling 213 replacement trees to be planted on-site. (d) Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the following development standards: i. Increase the exposed retaining wall height limit from six feet to 17 feet. ii. Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively. 7.1.b Packet Pg. 66 2 PC Resolution No. 2022-XX iii. Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively. 3. The subject property consists of one parcel totaling 12.9 gross acres, located in the Low Density Residential Planned Development (RL-PD) zone with an underlying General Plan land use designation of Low Density Residential (RL). 4. The legal description of the subject property is Lot 4 of Parcel Map as per book 74, pages 3-4. The Assessor’s Parcel Number (APN) is 8714-028-003. 5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021, and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended the community meeting. Pursuant to CEQA Guidelines Section 15105, the public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days. 6. In accordance with CEQA Guidelines Section 15074, a Resolution recommending City Council adoption of the Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the project was reviewed by the Planning Commission concurrently with this Resolution. 7. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on April 15, 2022. Public hearing notices were mailed to property owners within a 1000-foot radius of the project site and to residents who attended the community meeting hosted by the applicant. In addition to the published and mailed notices, the project site was poste d with a display board and public notices were posted at the City’s designated community posting sites. 8. On April 26, 2022, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 9. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Pla nning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial 7.1.b Packet Pg. 67 3 PC Resolution No. 2022-XX Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. Pursuant to CEQA Guidelines Section 15105, the public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 21.20.080, 22.48, 22.38.110, and 22.58.040, this Planning Commission hereby finds and recommends as follows: Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City’s Subdivision Ordinance, the Planning Commission recommends that the City Council makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan. The current General Plan land use designation for the Project site is Low Density Residential (RL). The General Plan density limit allows up to three units per acre and the proposed density is 1.84 units per acre. The Project is consistent with the General Plan land use designation in terms of land use, and the design and appearance of the Project is compatible with the surrounding community as follows: • Quality Housing. The project contributes to the diversity of the City’s housing stock with high-quality housing, and the proposed architectural plans facilitate the incorporation of ADUs to accommodate people of all ages, occupations and levels of financial status [General Plan Guideline LU- G-7]. • Architectural Design. The project has varied architectural building detai ls, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with varying setbacks, projections, and varied textures, which provides for relief on the scale and massing of structures [General Plan Policy LU-P-18]. • Preservation of Existing Hillside. The Project is designed to minimize negative impacts to the existing hillside. The main access road curves away from the hillside to follow the natural contours, thereby substantially reducing the retaining wall heights and minimize potential aesthetic and biological impacts to the eastern portion of the site [General Plan Policies LU-P-55 and LU-P-56]. • Compatibility with Adjacent Uses. Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. 7.1.b Packet Pg. 68 4 PC Resolution No. 2022-XX The development is designed to minimize visual impacts to the surrounding homes by use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights. Native trees found in the area such as coast live oak and Southern California black walnut will be used as open space plantings and within landscaped areas which are compatible and harmonious with the prevailing pattern of planting in the immediate area. Other various tree species will be used to soften building lines and blend structures with the environment, creating a transition between the hard vertical edges of buildings and walls and the softer horizontal lines of the site [General Plan Policies LU-P-1 and LU-P- 8]. • Landscape Design: Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes [General Plan Policy LU-P-56]. The Project site is not a part of any specific plan. 2. The site is physically suitable for the type and proposed density of development. The Project is consistent with the General Plan land use designation of Low Density Residential and the zoning designation of RL-PD (Low Density Residential-Planned Development), which allows for the development of seven for-sale dwelling units, five ADUs and a trailhead. The Project Site is located within an urbanized area which will be adequately served by the proposed extension of the roadway and associated infrastructure. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat. In order to demonstrate compliance with applicab le state and federal resource protection policies designed to protect or compensate for the loss of biological resources, the following mitigation measures are part of the Project approval: BIO-1: Prior to the issuance of a grading permit, the Project applicant shall submit a construction site housekeeping plan that reduces construction disturbances, as outlined in the Mitigation Monitoring and Reporting Program. BIO-2: Prior to the issuance of a grading permit, the Project applicant shall submit a Stormwater Pollution Prevention Plan to the Public Works Department for approval that specifies the best management practices (BMPs) that would be used to prevent construction pollutants from contacting stormwater, with the intent of keeping sedimentation or any other pollutants from moving offsite and into receiving waters, as outlined in the Mitigation Monitoring and Reporting Program. 7.1.b Packet Pg. 69 5 PC Resolution No. 2022-XX BIO-3: If removal of onsite trees and vegetation occurs during the non-nesting season (September 16 through December 31), no nesting survey or biological monitor are required. If the removal of onsite trees and vegetation occurs during the nesting season (January 1 through September 15), the Project applicant shall provid e the City documentation that a qualified biologist has been retained and would conduct a preconstruction nesting survey no more than 3 days prior to the start of removal activities. The preconstruction nesting surveys shall include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits. If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer (e.g., 300 feet for passerine [perching birds and songbirds] or 500 feet for raptors and/or as determined to be appropriate by the qualified biologist for CESA or FESA listed bird species) around the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no longer active or the nest has failed. The buffer may be modified (i.e., increased or decreased) and/or other recommendations proposed (e.g., a temporary soundwall) as determined appropriate by the qualified biologist to minimize impacts. The qualified biologist shall monitor the removal of onsite trees and vegetation. Nest buffer distance will be based on species, specific location of the nest, the intensity of construction activities, existing disturbances unrelated to the proposed Project, and other factors as determined by a qualified biologist. If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through the nesting season, weekl y nesting bird surveys shall be conducted. Each nesting bird survey shall include the work area and areas that are 500 feet from the work area. BIO-4: Prior to the issuance of a grading permit, a protected tree replacement plan shall be submitted to the City of Diamond Bar for approval. The plan shall demonstrate at least a 3:1 in-kind replacement ratio. The protected tree replacement plan shall be comprehensive and include the requirement for a certified arborist to evaluate trees prior to removal for infectious tree diseases including but not limited to: sudden oak death (Phytophthora ramorum), thousand canker fungus (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and goldspotted oak borer (Agrilus auroguttatus). The protected tree replacement plan shall incorporate provisions for disease management using best available management practices including: (1) treated infected trees before removing them from the Project site; (2) cleaning and disinfecting all pruning and power tools before and after use to prevent the introduction and/or spread of pathogens; (3) and irrigation avoidance within oak tree canopies. With the removal of protected trees within the proposed grading limits that include a total of 4 coast live oaks and 58 southern Ca lifornia black walnuts, the Project applicant shall provide a replacement plan that includes at least 12 coast live oaks and 174 California black walnuts. The replacement trees shall include a combination of boxed trees within landscaped areas and seedling s and smaller- sized container trees in the undisturbed woodland areas of the Project site that is 7.1.b Packet Pg. 70 6 PC Resolution No. 2022-XX outside of the development area and fuel modification zones. If all of the replacement trees cannot be located on the Project site, some replacement trees shall be located off-site at a location approved by the City. The protected tree replacement plan shall also provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. BIO-5: Due to potential habitat within the Project footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and mobilization, a qualified biologist knowledgeable of mountain lion species ecology should survey areas that may provide habitat for mountain lions to determine presence/absence and potential for natal dens. Caves and other natural cavities, and thickets in brush and timber provide cover and are used for denning. Females may be in estrus at any time of the year, but in California, most births are believed to occur in spring. Surveys should be conducted when the species is most likely to be detected, during crepuscular periods at dawn and dusk (Pierce and B leich 2003). Survey results including negative findings should be submitted to CDFW prior to initiation of Project activities. The survey report should include a map of potential denning sites. The survey report should include measures, such as suspension of work until the qualified biologist can safely determine that the species has left the site, to avoid impacts to mountain lions that may be in the area as well as dens and cubs, if necessary. BIO-6: If potential habitat for natal-dens are identified during the survey required by Mitigation Measure BIO-5, avoidance of potential impacts to mountain lions, especially during spring, to protect vulnerable cubs should be implemented. Two weeks prior to Project commencement, a qualified biologist should conduct a survey for mountain lion natal dens. The survey area should include the construction footprint and the area within 1,000 feet (or within the limits of the property line) of the Project disturbance boundaries. CDFW shall be notified within 24 hours upon location of a natal den. If an active natal den is located, during construction activities, all work shall cease. No work shall occur within a 2,000-foot buffer from an active natal den. A qualified biologist shall notify CDFW to determine the appropriate course of action. CDFW shall also be consulted to determine an appropriate setback from the natal den that would not adversely affect the successful rearing of the cubs but allow construction activities to continue. No construction activities or human intru sion shall occur within the established setback until mountain lion cubs have been successfully reared; the mountain lions have left the area; or as determined in consultation with CDFW. BIO-7: If “take” or adverse impacts to mountain lion cannot be avoide d either during Project construction and over the life of the Project, Project proponent shall consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, §2080 et seq.). BIO-8: Prior to initiation of Project construction and activities within or adjacent to suitable nesting habitat during least Bell’s vireo breeding season (March 15 – September 15), a qualified biologist with experience surveying for least Bell’s vireo shall conduct surveys following USFWS established protocols to determine whether breeding and nesting least Bell’s vireos are present within 500 feet of 7.1.b Packet Pg. 71 7 PC Resolution No. 2022-XX the Project site. If least Bell’s vireo is present, no construction shall take place from March 15 through September 15. The results of the survey will be submitted to the City and CDFW. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems. The proposed subdivision or type of improvements are not likely to cause serious public health or safety problems because the site development has been designed to comply with the California Building Code, subject to amendments that impose additional requirements to address local geotechnical conditions, as well as the recommendations of licensed land development engineers. Grading of the Project Site will be conducted in accordance with the recommendations outlined in the Project’s geotechnical investigation so as to assure that geotechnical stability is maintained or increased. Site access has been analyzed by a licensed traffic engineer, who determined that the subdivision and roadway design is adequate to serve the proposed development, and function adequately as part of the existing circulation system to which it connects. The street configuration has been reviewed and approved by the County of Los Angeles Fire Department. The roadway layout is primarily guided by the organization of land uses within the subdivision, as well as site - specific topographic and geotechnical factors. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. The Project site has a Los Angeles County storm drain easement at the southwestern corner of the site. Storm drain connections to and/or construction activities encroaching into a LACFCD easement require a County permit. 6. The discharge of sewage from the proposed subdivision i nto the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. Wastewater originating from the Project site will ultimately be conveyed to the LACSD’s Diamond Bar Trunk Sewer located in Brea Canyon Road at Via Sorella. The trunk sewer has a capacity of 12.3 million gallons per day (mgd) and a peak flow of 3.4 mgd when last measured in 2014. The discharge of sewage from the proposed subdivision into the community sewer system will not cause the existing sewer system to exceed its design capacity in accordance with the Crooked Creek Sewer Study Verification dated October 8, 2020. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions. The grading of the Project Site will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. Any remaining historical landslides within the project will be mitigated during construction per the preliminary geotechnical report. 7.1.b Packet Pg. 72 8 PC Resolution No. 2022-XX 8. The proposed subdivision is consistent with all applicable provisions of the City’s subdivision ordinance, the development code, and the subdivision map act. Conformity with the applicable provisions of the Subdivision Map Act, Subdivision Code and Development Code was verified by the City during the technical review of the Project. Any inconsistencies during the review process were corrected prior to the City deeming the Project complete and placing the matter on the Planning Commission public hearing agenda. Development Review Findings (DBMC Section 22.48) 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., theme areas , specific plans, community plans, boulevards or planned developments): The design of the Project is consistent with the applicable elements of the City’s General Plan, City Design Guidelines and development standards (with the exception of deviations allowed within the “Planned Development Overlay District”). The City’s General Plan Policy LU-P-56 requires that development on privately-owned, residentially designated land in hillside areas be compatible with the surrounding natural areas promoting design principles such as minimizing grading, preserving existing vistas, incorporate site and architectural design that is sensitive to the hillsides, and require fuel modification. • Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with varying setbacks, projections, and varied textures, which provides for relief on the scale and massing of structures [General Plan LU-P-18]. • Preservation of Existing Hillside. The Project is designed to minimize negative impacts to the existing hillside. The main access road curves away from the hillside to follow the natural contours, thereby substantially reducing the retaining wall heights and minimize potential aesthetic and biological impacts to the eastern portion of the site [General Plan LU-P-55 and LU-P-56]. • Compatibility with Adjacent Uses. Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. The development is designed to minimize visual impacts to the surrounding homes by use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights. Native trees found in the area such as coast live oak and Southern California black walnut will be used as open space plantings and within landscaped 7.1.b Packet Pg. 73 9 PC Resolution No. 2022-XX areas which are compatible and harmonious with the prevailing pattern of planting in the immediate area. Other various tree species will be used to soften building lines and blend structures with the environment, creating a transition between the hard vertical edges of buildings and walls and the softer horizontal lines of the site [General Plan LU-P-1 and LU-P-8]. • Landscape Design: Effective landscape design should serve the dual purpose of intrinsically enhancing a project setting, as well as integrating the landscaping into the overall architectural design. Staff finds the proposed plant palette to be diverse, and the plant selections are compatible with Southern California native landscapes [General Plan LU-P-56]. The applicant submitted the Fuel Modification Plan as well as the conceptual landscape plans to the Fire Department for preliminary review and received a preliminary approval on August 27, 2021. 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 Project will not interfere with the use or enjoyment of neighboring existing or future developments because the Project is designed to minimize the negative impacts on the surrounding homes, as described above. The Project will not interfere with vehicular or pedestrian movements , such as access or other functional requirements. Based on the analysis provided in the Crooked Creek Trip Generation and Vehicle Miles Traveled (VMT) Screening Assessment prepared by Urban Crossroads, the total of 312 daily trips is substantially less than the City’s desired roadway capacity of 2,500 daily trips on a residential local street. Operation of the Project would result in an additional 104 trips per day, which is less than the 110 trips per day identified in the City’s adopted Guidelines as resulting in a less than significant VMT impact. 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 City’s General Plan Policy LU-P-56 requires that residential development be compatible with the prevailing character of the surrounding neighborhood in terms of building scale, density, massing, and design. The City’s General Plan Goal CC-G-4 also requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The City’s Design Guidelines Architecture (1) requires compatibility with the surrounding character including harmonious building style, form, size, color, material and roofline. The Project is designed to be compatible and complementary to the neighborhood, as well as incorporates the principles of the City’s Residential Design Guidelines as follows: 7.1.b Packet Pg. 74 10 PC Resolution No. 2022-XX • Architectural Design. The project has varied architectural building details, finishes and design accents on the elevations, and there is diversity between the units from street view. Facades are articulated with varying setbacks, projections, and varied textures, which provides for relief on the scale and massing of structures. • Although the proposed homes will be larger in size compared to the existing homes on Crooked Creek Drive, the project is designed to minimize negative impacts on surrounding uses. There is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. 4. 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: Before the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution, the Building and Sa fety Division, the Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or material ly injurious to the properties or improvements in the vicinity. 5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA): In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended the community meeting. Pursuant to CEQA Section 15105, the public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days. Tree Permit Findings (DBMC Section 22.38.110) 1. Preservation of the tree is not feasible and would compromise the property owner’s reasonable use and enjoyment of property and surrounding land and appropriate mitigation measures: The project requires the removal of two non -protected trees and 62 protected trees consisting of 58 Southern California black walnuts and four coast live oaks. The applicant proposes to plant 201 Southern California black walnuts (27 more than the minimum 3:1 replacement requirement) and 12 coast live oaks, totaling 213 replacement trees are proposed to be planted on-site. A mitigation measure outlined in the Mitigation Monitoring and Reporting Program requires the replacement trees to include a combination of boxed trees within landscaped 7.1.b Packet Pg. 75 11 PC Resolution No. 2022-XX areas and seedlings and smaller-sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. Prior to the issuance of a grading permit, a protected tree replacement plan will be required, which will provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. The replacement coast live oak trees will be a minimum 24-inch box size, while the Southern California black walnuts will be planted as 5-gallons due to the limited availability of nursery stock in larger sizes. Additionally, prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of coast live oak and Southern California black walnut trees, the applicant is required to submit a detailed tree mitigation plan specifying the following: (1) describe the number, size, and location of compensatory trees to be planted; (2) outline success criteria and adaptive management procedures to ensure that the mitigation plan is successful; (3) a certified arborist shall evaluate trees prior to removal for infectious tree diseases to ensure proper provisions for disease management; (4) a maintenance agreement stipulating the applicant’s obligations for a minimum three -year period, including the annual reporting; (5) the amount and derivation of the security deposit required under the City’s tree preservation ordinance; and submit the plan to the City for review and approval. Mitigation shall include a minimum replacement ratio of 3:1, with at least 12 coast live oaks and 174 California black walnuts totaling 186 replacement trees to be planted on-site. Conditional Use Permit Findings (DBMC Section 22.58.040) 1. The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The proposed development is subject to a Planned Development Overlay District to allow for modifications to the City’s development standards. The Project complies with the development standards in the RL zone with the exception of the modifications requested as follows: • Increase the exposed retaining wall height limit from six feet to 17 feet; • Reduce the minimum front setback requirement for Lots 4 and 5 from 20 feet to 14 feet and 13.75 feet, respectively; and • Reduce the minimum lot size requirement for Lots 1 and 3 from 10,000 to 8,294 square feet and 8,482 square feet, respectively. The Planned Development Overlay District allows for modifications from code- prescribed development standards when such modifications are warranted due to the unique topographical constraints and configuration of a development site. Staff finds that the proposed modifications to the development standards will facilitate the avoidance or substantial reduction in impacts to the surrounding ecological resources by reducing grading encroachments into the existing hillside, as well as protecting the privacy of the existing homes located adjacent 7.1.b Packet Pg. 76 12 PC Resolution No. 2022-XX to the flood control channel. Without the proposed modifications to the code - prescribed development standards, more retaining walls and grading would be required to create the building pads and roadway improvements for the proposed development. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The Low Density Residential Planned Development (RL -PD) zone and General Plan land use designation of Low Residential allows for sin gle-family residential development at three units per acre, which is consistent with the proposed development. There is no specific plan proposed as part of this development. 3. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The Project has been designed to locate the proposed homes closest to the street to the extent possible, away from the existing residential properties across the flood control channel and alleviate any potential privacy concerns from the height of the buildings. The modifications incorporated into the design of the Project allows the buildings to be located closer to the street. The Planned Development Overlay District allows for the modifications based on the site design and the proposed Project design incorporating these modifications is deemed to be the best layout due to the topographical constraints of the lot. 4. The subject site is physically suitable for the type and d ensity/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The Project will be consistent with the General Plan land use designation of Low Density Residential (RL) and the zoning designation of Low Density Residential Planned Development (RL-PD), which allows for single-family residential development at three units per acre. The Project can be adequately served by the proposed extension of the roadway and associated infrastructure. The Project will not cause the increase in vehicle trips or VMT that would result in a significant impact. All utility services will be provided to the property. The site is surrounded by existing single-family residential development to the north, single-family residences along Running Branch Road to the east, the Brea Canyon Flood Control Channel and single-family residences along Castle Rock Road to the west, and undeveloped area (within Los Angeles County jurisdiction) and an existing Southern California Edison (SCE) tower and associated electrical lines to the south. The Project is designed to minimize the negative impacts on the surrounding homes with the use of landscape screening and gradual transitions of the slope plane with terraced Verdura walls. In addition to the landscaping proposed in the Verdura walls, top of Verdura walls will be planted with trailing rosemary and bougainvillea to further screen the wall heights. Furthermore, there is a gradual transition between the project through appropriate setbacks, building height, landscaping, and window and door placement. Therefore, the property is physically able to accommodate the Project. 7.1.b Packet Pg. 77 13 PC Resolution No. 2022-XX 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Prior to the issuance of any City permits, the Project is required to comp ly with all conditions within the approval resolutions, the Building and Safety Division , the Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mitigated Negative Declaration for the Project on November 9, 2021 and with the Los Angeles County Clerk on November 10, 2021. The notice was published in the San Gabriel Valley Tribune newspaper. The notice was also mailed to public agencies and residents who attended the community meeting. Pursuant to CEQA Section 15105, the public review period for the MND began on November 10, 2021, and ended on December 20, 2021, for a total of 40 days. Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.080, 22.48, 22.38.110, and 22.58.040, this Planning Commission hereby finds and recommends that the City Council approve the Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit, subject to the following conditions, and the attached Conditions of Approval: A. GENERAL 1. The following Conditions of Approval, including the Standard Conditions of Approval attached hereto, shall be binding on and enforceable against, and, whenever used herein, the terms “applicant”, "owner", and/or "applicant/owner" shall mean and refer to, each of the following: the project applicant, New Bridge Homes, the owner(s), Cathay View Development, LLC, and tenants(s) of the property, and each of their respective successors and assigns. 2. This approval shall not be effective for any purpose until the applicant/owner of the property involved has filed, within twenty-one (21) days of approval of this Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit and Conditional Use Permit No. PL2017-203, at the City of Diamond Bar Community Development Department, an affidavit stating that the applicant/owner is aware of and agrees to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays the remaining City processing fees. 7.1.b Packet Pg. 78 14 PC Resolution No. 2022-XX 3. The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 4. The development shall comply with the Mitigation Monitoring and Reporting Program for the Mitigated Negative Declaration. 5. All landscaping on the site shall comply with the City’s Water Conservation Landscaping Ordinance. 6. All existing landscaping and public improvements damaged during construction shall be repaired or replaced upon project completion. 7. The applicant shall comply with Diamond Bar Municipal Code Section 22.34.050. A permanent landscape maintenance program shall be implemented ensuring regular irrigation, fertilization, and weed removal. All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. Provisions for ongoing maintenance of all areas of the Subject Property under the jurisdiction of a future homeowners’ association (HOA) shall be set forth in the association CC&R’s, which shall be subject to review and approval by the City prior to final map recordation. 8. To prevent new sources of light and glare to the area, no construction activities requiring lighting shall occur after daylight hours. Construction activities shall comply with the City of Diamond Bar Noise Ordinance which requires construction activities to occur between 7:00 AM and 7:00 PM, Monday through Saturday, except on federal holidays. Since daylight ends earlier during the winter, no construction activities shall occur after 5:00 PM during this time (6:00 PM if Daylight Saving Time is imposed year-round). 9. Pursuant to Government Code Section 66020, the Applicant is informed that the 90-day period in which the Applicant may protest the fees, dedications, reservation or other exaction imposed on this approval through the conditions of approval has begun. B. VESTING TENTATIVE TRACT MAP 1. Prior to the recordation of the final map, the development shall comply with the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance, as applicable. Final map approval will not be granted unless the map is in substantial compliance with Vesting Tentative Tract Map No. 54081 including all conditions, and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. 2. The approval of Vesting Tentative Tract Map No. 54081 expires within three years from the date of approval if the recordation of the map has not been exercised as defined per Diamond Bar Municipal Code (DBMC) 7.1.b Packet Pg. 79 15 PC Resolution No. 2022-XX Section 21.20.140. The applicant may request for a time extension if such request submitted to the City in writing is no less than 30 days prior to the approval’s expiration date, subject to DBMC Section 21.20.150 for City Council approval. 3. The development shall comply with the Mitigation Monitoring and Reporting Program for the Mitigated Negative Declaration. All required mitigation monitoring fees shall be deposited with the City 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 4. Prior to final tract map approval, the subdivider shall pay a parkland dedication in lieu fee for park and recreational purposes in the amount of $270,319, which equals the parkland obligation derived from the formula in DBMC Section 21.32.040(C) times the average per-acre fair market value for the appropriate park planning area. For the purposes of determining the required fee, the term “fair market value” shall mean the market value of the land as determined by the City staff, and approved by the Commission or Council, prior to or at tentative map approval. If the subdivider objects to the valuation, the subdivider, at his/her expense, may obtain an appraisal of the property by a qualified real estate appraiser approved by the City whose appraisal may be accepted by the City if found reasonable. Fair market value may be determined by mutual agreement of the City and subdivider; however, decisions of the City as to fair market value shall be final and conclusive. Any fees collected shall be committed within five years after payment, or issuance of building permits on one-half of the lots created by the subdivision, whichever occurs later. If the fees are not committed, they shall be distributed and paid to the then record owners of the subdivision in the same proportion that the size of their lot bears to the total area of all lots within the subdivision. 5. Prior to final tract map approval, show the location of an access easement that would ensure ongoing maintenance of the retaining walls and associated landscaping adjacent to the flood control channel. 6. Prior to the issuance of a building permit for the first residential unit, the applicant shall submit an improvement plan that shows the trail access point and trailhead at the south end of Crooked Creek Drive to connect to the future Schabarum trail (at the property line) for review and approval by the Community Development Director and Parks and Recreation Director. The trailhead shall include decomposed granite, City signage, and a shaded bench per the City design standards (parking, water fountain, and trash receptacles are not required). 7. Lot A (trailhead) shall be owned and maintained by the HOA. At such time when connection to the County Schabarum Trail is established, the six- foot high wrought iron fencing located on Lot A shall be removed and Lot A shall be transferred to the City through an irrevocable offer of dedication. 7.1.b Packet Pg. 80 16 PC Resolution No. 2022-XX 8. Prior to dedication of Lot A to the City, a detailed Maintenance and Operations Plan referred to on the Project Plans as the trailhead shall be submitted to the Parks and Recreation Director for review and approval. 9. Prior to the issuance of building permits, the applicant shall prepa re Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the HOA for the approval of the Planning Division, Public Works Department, and the City Attorney. The approved CC&Rs shall be recorded concurrently with the Final Map, and a recorded copy shall be provided to the Community Development Department. Without limiting the City’s approval rights, the CC&Rs shall, at a minimum, comply with the following requirements: i. The CC&Rs shall require the HOA to submit to the Planning Division, a list of the name and address of their officers on or before January 1 of each and every year and whenever said information changes. ii. The Conditions of Approval for Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit (Planning Case No. PL2017-203) shall be incorporated into the CC&Rs, and provisions corresponding to any applicable Conditions of Approval shall be included in the CC&Rs. The CC&Rs shall require that all portions of the project be used, improved, repaired and maintained in strict compliance with all applicable provisions of the Conditions of Approval. iii. The CC&Rs shall include a provision acceptable to the City requiring the HOA and the property owners to maintain the project in compliance with all applicable water quality laws, regulations, and standards of the State, City, or any other applicable governmental agency, to implement, and fund implementation of, the approved Operation and Maintenance (“O&M”) Plan for the property, and to operate and maintain the Best Management Practices (“BMPs”) described in the O&M Plan. iv. The CC&Rs shall include provisions regarding the preservation of coast live oaks and Southern California black walnut trees as outlined in the tree mitigation plan. v. The CC&Rs shall include a provision that existing trees on Lot B shall be maintained. vi. The CC&Rs shall include a provision for Lot A (trailhead) to be owned and maintained by the HOA. At such time when connection to the County Schabarum Trail is established, the HOA will be required to remove the six-foot high wrought iron fencing located on Lot A and Lot A will be provided to the City through an irrevocable offer of dedication. vii. The CC&Rs shall include provisions that ADUs may not be sold separately from the primary residence and shall not have separate 7.1.b Packet Pg. 81 17 PC Resolution No. 2022-XX metered utilities. All utilities serving an ADU shall be common to and dependent on the primary residence. viii. The CC&Rs shall include a provision regarding the preservation of existing landscaping within the 15-foot-wide landscape easement in the rear yard of lots 2 through 4 and the 10-foot-wide landscape easement in the rear yard of lots 5 through 7. ix. The CC&Rs shall include a provision that all retaining walls adjacent to the flood control channel and adjacent to the roadway shall be maintained by the HOA. All associated landscaping which are part of screening the walls shall also be maintained by the HOA. x. The CC&Rs shall include provisions acceptable to the City regarding graffiti abatement. xi. The CC&Rs shall identify the City as an express third-party beneficiary for purposes of enforcing the CC&Rs and these Conditions of Approval and shall give the City the right, but not the obligation, to enforce the provisions of the CC&Rs and the Conditions of Approval by any legal or equitable means, or by any method available to the HOA, against the Declarant, HOA, property owners, their successors and assigns, or other persons in possession of the Project. In the enforcement of the CC&Rs, the City shall not be limited to the procedures or processes applicable to the HOA and may use any remedy provided under law or equity, including the City’s Municipal Code. Any Alternative Dispute Resolution procedures set forth in the CC&Rs shall not apply to or bind the City. xii. The CC&Rs may not be terminated or substantially amended without prior written approval of the City. 10. Prior to the final map recordation or issuance of building permit, whichever comes first, the applicant shall provide the City with a “Buyer’s A wareness Package” for the City’s review and approval. The Buyer’s Awareness Package shall include, but is not limited to, information pertaining to preservation of coast live oaks and Southern California black walnut trees, preservation of existing landscaping within the 10-foot wide and 15-foot wide landscape easements, natural vegetation preservation issues, all mitigation measures within the Mitigation Monitoring and Reporting Program and explanatory information pertaining to restrictions on the use of properties such as for the ADUs, and similar related matters. The applicant shall give each buyer a copy of the Buyer’s Awareness Package and shall document their receipt of the same in the escrow instructions of each lot and document their receipt to the City. 11. All on-site utilities shall be placed underground at the time of development. Equipment appurtenant to underground facilities, including surface- mounted transformers, pedestal-mounted terminal boxes and meter cabinets, and concealed ducts, shall also be underground. The Applicant 7.1.b Packet Pg. 82 18 PC Resolution No. 2022-XX shall make the necessary arrangement with the affected utility companies for facility installation [DBMC Sections 21.30.110 and 22.16.110]. B. DEVELOPMENT REVIEW 1. This approval is for the site plan, elevations, exterior materials, and conceptual landscape plans for a 7-unit residential development to be constructed at the southern terminus of Crooked Creek Drive, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions in this Resolution. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the City Council, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and re- notification of the surrounding property owners, which may del ay the project and entail additional fees. 3. Prior to building permit issuance, landscape and irrigation plans shall be submitted for review and approval by the City’s Consulting Landscape Architect for compliance with the Water Conservation Landscaping Ordinance. Appropriate and sufficient irrigation shall be provided to the Verdura walls and fast-growing plant materials that grow year-round shall be used. 4. On the plans submitted for building plan check, provide variation and diversity to the homes on Lots 2 and 3 so they are not easily recognized as having the same floor plans by differentiating the two elevations. Conformance with this condition shall be determined by the Community Development Director or their designee. 5. All lighting fixtures shall be approved by the Planning Division as to type, orientation, and height. A detailed on -site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate type, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. 6. Prior to the issuance of building permits, house numbering plans shall be submitted to and approved by the Public Works Department. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. 7. Best Management Practices (BMP) devices shall be designed in consultation with the Greater Los Angeles County Vector Control District and shall be of a type which minimizes the potential for vector (public nuisance) problems and maintained throughout the p roject life so as not to contribute to those problems. Unless accepted by the County and/or by 7.1.b Packet Pg. 83 19 PC Resolution No. 2022-XX the City, the responsibilities for and the funding of the maintenance of BMPs shall constitute obligations of the HOA. 8. On the construction documents, show all proposed utility structures, i.e., a/c units, fire sprinkler apparatus, transformers, gas meters, water meters, cable, etc. Coordinate with all utility companies regarding the placement and screening of all utilities from street view. The method of screening shall be architecturally compatible with other site development in terms of colors, materials, and architectural style and shall blend with the design of the structure and include appropriately installed and maintained landscaping when on the ground [DBMC Section 22.16.080(2)]. 9. Additional approvals may also be considered by other agencies with jurisdiction over the Project. In order to demonstrate compliance with applicable State and federal resource protection policies, prior to the issuance of grading permit, where applicable, the Applicant shall provide the Community Development Director with documentation of receipt of the following permits from the Los Angeles County Flood Control District construction easements within the Brea Channel, a California Department of Fish and Wildlife Streambed Alteration Agreement, a Los Angeles Regional Water Quality Control Board Section 401 Certification, and a U.S. Army Corps of Engineers Section 404 Permit. The Applicant shall comply with all associated permit requirements. 10. Prior to the issuance of a grading permit, the Applicant shall prepare and submit a Fuel Modification Plan to the Los Angeles County Fire Department (LACFD) for review and approval. 11. Prior to the issuance of building permits, the following plans shall be submitted to the LACFD for review and approval, and documentation of such approvals shall be submitted to the City: (1) final water improvement plans including, but not limited to, the location, sizing, design, and fire flow capacity of the proposed water mains and fire hydrants and proposed access improvements to ensure compliance with applicable Fire Code requirements; and (2) building plans. The project’s water system shall be designed in response to final fire flow requirements identified by the LACFD. 12. Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period to the LACFD for review and approval. The Applicant shall abide by specific project-level permit conditions identified by the LACFD. 13. Prior to the issuance of a grading permit, the Applicant shall submit to the Building Official for review and approval a temporary fencing and signage plan designed to discourage access to any active construction areas by children and other unauthorized parties. 7.1.b Packet Pg. 84 20 PC Resolution No. 2022-XX 14. Grading shall be phased so that prompt revegetation or construction will control erosion. Where possible, only those areas that will be built on, resurfaced, or landscaped shall be disturbed. Topsoil shall be sto ckpiled during rough grading and used on cut and fill slopes whenever feasible. Revegetation of cut and fill slopes shall occur within three months of grading completion [DBMC Section 22.22.080 (b)(2)]. C. TREE PERMIT 1. Prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of coast live oak and Southern California black walnut trees, the applicant shall submit a protected tree replacement plan, which shall provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. The replacement coast live oak trees shall be a minimum 24-inch box size and the Southern California black walnuts shall be a minimum size of 5-gallons. 2. Prior to final approval of a grading permit or initiation of any activity that involves the removal/disturbance of coast live oak and Southern California black walnut trees, the applicant shall develop a detailed tree mitigation plan specifying the following: (1) the number, size, and location of compensatory trees to be planted; (2) success criteria and adaptive management procedures to ensure that the mitigation plan is successful; (3) Examination by a certified arborist of trees prior to removal for infectious tree diseases to ensure proper provisions for disease management; (4) a maintenance agreement stipulating the applicant’s obligations for a minimum three-year period, including annual reporting; (5) the amount and derivation of the security deposit required under the City’s tree preservation ordinance; and submit the plan to the City for review and approval. Mitigation shall include a minimum replacement ratio of 3:1, with at least 12 coast live oaks and 174 California black walnuts totaling 186 replacement trees to be planted on-site. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. APPROVED AND ADOPTED THIS 26TH DAY OF APRIL 2022, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: __________________________________________ Raymond Wolfe, Chairperson 7.1.b Packet Pg. 85 21 PC Resolution No. 2022-XX I, Greg Gubman, 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 special meeting of the Planning Commission held on the 26th day of April 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: _____________________________________ Greg Gubman, Secretary 7.1.b Packet Pg. 86 22 PC Resolution No. 2022-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit No. PL2017-203 SUBJECT: To construct seven single-family residences and associated infrastructure including a southward extension of Crooked Creek Drive on a 12.9-acre undeveloped site PROPERTY Cathay View Development, LLC, 701 S. San Gabriel, Suite OWNER: D, San Gabriel, CA 91176 APPLICANT: New Bridge Homes, 500 Newport Center Drive, Suite 570 Newport Beach, CA 92660 LOCATION: Southern terminus of Crooked Creek Drive, east of the SR- 57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City’s southern boundary (Los Angeles County Assessor’s Parcel Number 8714-028- 003) ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. 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 7.1.b Packet Pg. 87 23 PC Resolution No. 2022-XX annul the approval of Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit No. PL2017-203 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. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit No. PL2017-203 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of City Council Resolution No. 2022-XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Di vision review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code and all other applicable City Ordinances in effect at the time of building permit issuance. 7.1.b Packet Pg. 88 24 PC Resolution No. 2022-XX 9. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grad ing, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come s first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Vesting Tentative Tract Map No. 54081, Development Review, Tree Permit, and Conditional Use Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBMC Section 21.20.140 and 22.66.050(b)(1). The applicant may request in writing a one-year time extension subject to DBMC Sections 21.20.150 and 22.66.050(c) for City Council approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground-mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof-mounted equipment shall be screened from public view. 7.1.b Packet Pg. 89 25 PC Resolution No. 2022-XX 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 5. No occupancy permit can be granted, until all improvements required by this approval have been properly constructed, inspected, and approved. 6. If any aspect of construction requires the use of an easement on a third party’s property or the use of an easement granted to a third party on the applicant’s property, the applicant must provide the City with correspondence/proof documenting that the easement has been granted befo re any building permits will be issued. 7. Prior to placement of any construction trailers, the applicant shall submit a site plan showing placement of the construction trailers and shall agree to abide by all conditions of approval required by the Community Development Director. 8. Prior to issuance of a building permit, the location, size, and screening of all building utility service connections, including water, gas, and electric service, fire service, and irrigation connections shall be approved by the Com munity Development Director. All changes to building utility connections shall be approved by the Community Development Director prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign all plans submitted to the City which locate, size and/or screen utility connections. 9. Additional plant materials may be required by the Community Development Director and shall be planted prior to final occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc., to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected. 10. All parking spaces shall comply with the standards for adequate depth, width, and turning radius as set forth in DBMC Section 22.30.070. E. SOLID WASTE 1. 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 approved 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 7.1.b Packet Pg. 90 26 PC Resolution No. 2022-XX applicant's obligation to ensure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. 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. 3. 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. 4. Prior to final map approval, 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, within ninety (90) days prior to final map approval. 5. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 6. Prior to final map approval, 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 a subdivision agreement with the City and shall post the appropriate security. 7. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 8. Prior to issuance of grading permits, 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. 7.1.b Packet Pg. 91 27 PC Resolution No. 2022-XX 9. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the vesting tentative tract map upon approval by the City Council. 10. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as “Restricted Use Area” subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 11. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 12. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 13. Prior to any work performed in the street right-of-way along Crooked Creek Drive, permit fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 14. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 15. After the final map recordation, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size of electronic copy of the recorded map. Final approval of the public improvements shall not be given until a copy of the recorded map is received by the Public Works/Engineering Department. 16. Prior to occupancy, the applicant shall provide to the City electronic as -builts, stamped by appropriate individuals certifying all improvements at no cost to the City. 17. 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 on an hourly basis and shall include City administrative costs. 7.1.b Packet Pg. 92 28 PC Resolution No. 2022-XX 18. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 19. Applicant shall provide an easement to the walls and its associated landscaping located adjacent to the Los Angeles County Flood Control channel. 20. All easements and improvements associated with landscaping, walls, subdivision entrance, slopes and BMPs shall be owned and maintained by the HOA. 21. All activities/improvements proposed for VTTM 54081 shall be wholly contained within the boundaries of the map. 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. B. GRADING 1. No grading or any staging or construction shall be performed prior to fin al map approval by the City Council and map recordation or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by onsite and offsite grading. 3. Before the issuance of grading permits, any and all geotechnical concerns regarding past landslides shall be addressed in all geotechnical studies and submitted to the Public Works/Engineering Department for review and approval. 4. All sewer and storm drain plans shall be approved by the City Engineer and Los Angeles County Public Works Department prior to grading permit issuance. 5. Prior to beginning any grading activities, appropriate rodent barriers shall be installed around the perimeter of the project site to prevent the migration of rodents to existing residential and commercial sites. A plan detailing the proposed rodent barriers to be used by the developer/contractor shall be submitted to the Public Works/Engineering Department for review. 6. Retaining wall location shall be shown on the grading plan and submitted wi th a soils report to the Building and Safety Division for review and approval concurrently with the grading plan check. 7. All grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 8:00 AM and 4:00 PM, Monday through Friday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality 7.1.b Packet Pg. 93 29 PC Resolution No. 2022-XX Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 8. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6-foot-high chain link fence. All access points shall be locked whenever the construction site is not supervised. 9. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a construction traffic mitigation plan (CTMP). The CTMP shall identify the travel and haul routes through residential neighborhoods to be used by construction vehicle s; the points of ingress and egress of construction vehicles; temporary street or lane closures, temporary signage, and temporary striping; the location of materials and equipment staging areas; maintenance plans to remove spilled debris from neighborhood road surfaces; and the hours during which large construction equipment may be brought on and off the sites. The CTMP shall provide for the scheduling of construction and maintenance -related traffic so that it does not create safety hazards to children and other pedestrians. The Applicant shall keep all haul routes clean and free of debris including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer, of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. Hauling or transport of oversize loads will be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless otherwise approved by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or federal holidays. The use of local streets shall be limited only to those that provide direct access to the destination. Haul trucks entering or exiting public streets shall at all tim es yield to public traffic. If hauling operations cause any damage to existing pavement, street, curb, and/or gutter along the haul route, the Applicant will be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City E ngineer 10. Prior to the issuance of the final grading permit, the Applicant shall submit and, when deemed acceptable, the City shall approve a traffic control plan (TCP). The TCP shall be consistent with the Southern California Chapter of the American Public Works Association's "Work Area Traffic Control Handbook" (WATCH), Caltrans "Manual of Traffic Controls for Construction and Maintenance Work Zones," or such alternative as may be deemed acceptable by the City. The TCP shall describe the Applicant's plans to safely and efficiently maintain vehicular and non-vehicular access along Crooked Creek Drive throughout the construction period. If any temporary access restrictions or lane closures are proposed by the Applicant, the TCP shall delineate detour routes, the hours, duration and frequency of such restrictions, and the emergency access and safety measures that will be implemented during those closures or restrictions. In lieu of a separate TCP, the Applicant may elect to prepare a combined construction traffic mitigation plan and traffic control plan. 7.1.b Packet Pg. 94 30 PC Resolution No. 2022-XX 11. The staging, storage, and maintenance areas for diesel -powered construction equipment shall be located as far away as reasonably possible from surrounding existing residences and, unless otherwise authorized by the City, no closer than 100 feet from any existing residential receptor. 12. Precise grading plans for each lot shall be submitted to the Public Works/Engineering Department for approval prior to issuance of building permits. 13. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 14. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 15. 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 analyses 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. 7.1.b Packet Pg. 95 31 PC Resolution No. 2022-XX 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. 16. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 17. Rough and precise grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering 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. 18. A separate Low Impact Development (LID) Plan conforming to the 2021 MS4 Permit issued by the California Regional Water Quality Control Board, Los Angeles Region Order No. R4-2021-0105, on July 23, 2021 shall be submitted for review and approval and may be required to be incorporated into the grading, storm drain and street improvement plans to the satisfaction of the City Engineer. 19. 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. A separate Storm Water Pollution Prevention Plan (SW PPP) is required. Grading permits will not be issued until approval of the SWPPP and the associated WDID Number have been issued by the State Regional Water Quality Control Board. 20. All slopes shall be seeded per landscape plan and/or fuel modification pl an 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. 21. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 22. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 23. Prior to commencing any grading activities, a pre-construction meeting must be held at the project site with the grading contractor, geotechnical engineer applicant, and City grading inspector and engineers and City building inspector at least 48 hours prior to commencing grading operations. 24. Rough grade certifications by project soils and civil engineers and a geotechnical as-graded report shall be submitted prior to issuance of building permits for any 7.1.b Packet Pg. 96 32 PC Resolution No. 2022-XX residential structure. Retaining wall permits may be issued concurrently with the grading permits. 25. Retaining wall permits shall be obtained from the Building and Safety Division. 26. Final grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed position. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. 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. 3. Prior to placement of any dredged or fill material into any USGS blue line stream bed, a 404 permit shall be obtained from the Army Corps of Engineers and an agreement with the California Department of Fish and Wildlife shall be obtained and submitted to the City Engineer. 4. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as “Flood Hazard Area.” 5. Storm drainage facilities shall be constructed within the street right -of-way or in easements satisfactory to the City Engineer and the Los Angeles County Public Works Department. All storm drain facilities plans shall be plan checked and approved by the County of Los Angeles, and all fees required shall be paid by the applicant. Storm drain facilities located in the public right of way shall be transferred to Los Angeles County Public Works Department for ownership and maintenance. The water quality treatment system and portion of the storm drain line within the private areas shall be dedicated to the HOA for ownership and maintenance. 6. A final drainage study and final drainage/storm drain plan shall be submitted to and approved by the City Engineer and the Los Angeles County Public Works Department prior to issuance of grading permit. All drainage facilities shall be designated and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be shown on the final map for dedication to HOA. 7.1.b Packet Pg. 97 33 PC Resolution No. 2022-XX 7. All storm drain plans shall comply with the approved Low Impact Development (LID) Plan to the satisfaction of the City Engineer. 8. Connection to any Los Angeles County facility will require Los Angeles County approval. All approvals and any associated permits from the County shall be submitted to the City prior to approval of any storm drain improvements plans. 9. A permit from the Los Angeles County Public Works Department – Flood Control District shall be required for work within its right-of-way or connection to its facilities. 10. A comprehensive Operations & Maintenance (O&M) Plan/Program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval to the satisfaction of the City Engineer. The O&M Plan/Program shall be included in the CC&Rs as a responsibility of the HOA for all LID BMPs. 11. Easements for ingress/egress and maintenance purposes shall be reserved on the final map for the maintenance responsibilities by the HOA of the biofiltration device(s). 12. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles County Public Works Department. 13. All storm drain facilities constructed as part of improvements for VTTM 54081 shall be annexed into the Los Angeles County Flood Control District, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained before construction. D. STREET IMPROVEMENT 1. 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. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by onsite/offsite grading. 3. Street improvement plans prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets sha ll not exceed a maximum slope of 12 percent. 7.1.b Packet Pg. 98 34 PC Resolution No. 2022-XX 4. New street centerline monuments shall be set at the intersections of two or more streets, intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupancy. 5. The design and construction of public street improvements shall be set to City and County standards and designed to a design speed of 25 mph. 6. Dedication of the Crooked Creek extension shall be made and accepted by the City Council as part of the final map, prior to the issuance of any Certificate of Occupancy. 7. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 8. All legal lots/parcels legally subdivided by VTTM 54081 shall be annexed into the citywide Landscape Assessment District #38. E. UTILITIES 1. 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 and final map as deemed appropriate. 2. Prior to final map approval, 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, WVWD and Fire Department. 3. Prior to final map approval, 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 flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, 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 7.1.b Packet Pg. 99 35 PC Resolution No. 2022-XX company, if applicable, within ninety (90) days prior to issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 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. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 8. New street lights shall be installed along the new extension of the Crooked Creek Drive in accordance with the Los Angeles County Lighting Division and Southern California Edison requirements. A separate set of street light plans shall be submitted for review and approval. 9. Additional street lights along the extension of the Crooked Creek Drive shall be annexed into the County Lighting Maintenance District 10006 and County Light District LLA-1 Diamond Bar Zone, as determined by the City Engineer. 10. Applicant shall provide and install new underground street lighting along the new extension of the Crooked Creek Drive. 11. Electrical transformers, water meters and any other utility facilities to be constructed within the street right-of-way for both public or private landscape area will require approval of the location/placement within said right -of-way by the Community Development Director and the City Engineer. F. SEWERS 1. Applicant shall construct a sanitary sewer system in accordance with the approved verification dated October 8, 2020 of the 2016 Sewer System Analysis, and all associated amendments to the satisfaction of the City Engineer which verifies that capacity is available in the existing sewage system to be used as the outfall for the sewers in this VTTM 54081. If the existing system including the Castle Rock and Fountain Springs Pump Stations are found to be of insufficient capacity, the deficiencies shall be resolved to the satisfaction of the City Engineer. 2. The City Engineer shall determine, at his discretion, a sewer impact fee amount due to the City. The fair share amount will be based on the potential impacts on the Emergency Storage Capacity at the Castle Rock Pump Station and at Fountain Springs Pump Station as well as the public sewer lines in the public right of way. Applicant/Developer shall pay the amount to the City prior to the 7.1.b Packet Pg. 100 36 PC Resolution No. 2022-XX issuance of the final sewer inspection sign-off and sewer improvement bond release. 3. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the public sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works Department and surety shall be provided and an agreement executed prior to approval of the final map if improvements are not constructed. 4. Applicant shall obtain connection permit(s) from the City. The area within the tentative map 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 final map and offered for dedication on the final map. 5. Applicant, at applicant’s sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Department and County Sanitation District Standards prior to occupancy. G. TRAFFIC MITIGATION 1. No traffic mitigations identified per the approved Crooked Creek Trip Generation and VMT Screening Assessment dated October 12, 2020. H. TRAILHEAD AND CONNECTION 1. Trailhead connection to the County’s Schabarum trail at the end of the cul -de-sac shall be constructed per the approved grading plans. 2. Prior to any work performed at the trailhead and connection, permit fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 3. The CC&Rs shall include provisions acceptable to the City regarding maintenance of the trailhead amenities and the project entryway. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL CONDITIONS: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e. 2019 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect. 7.1.b Packet Pg. 101 37 PC Resolution No. 2022-XX 2. Provisions for CAL Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CAL Green Code. 3. The area where tie backs/soil nails are installed shall not be built upon without specific soils engineering analysis for retrofitting the tie back/soil nail area. 4. Only one single family dwelling is allowed on this property unless specifically approved otherwise per CBC 202. Plan Check – Items to be addressed prior to plan approval: 5. The minimum design load for wind in this area is 110 M.P.H. exposures “C” and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 7. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o). 8. The Public Works Department is required to review and a pprove grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building and Safety Division. 9. “Separate permits are required for separate structu res such as pools, spa, pond, BBQ areas, detached trellises and gazebos, fountains, retaining walls, fences over 6’ in height, and tennis court” and shall be noted on plans. 10. There shall be design for future electrical vehicle charging including circuitry in the electrical panel and future conduit. 11. Solar panel installation is required for new single-family dwellings. 12. All balconies shall be designed for 1.5 times the live load for the area served per CBC Table 1607.1. 13. All easements shall be shown on the site plan. 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone, it shall meet requirements of the fire zone per CBC Chapter 7A. 7.1.b Packet Pg. 102 38 PC Resolution No. 2022-XX a. All unenclosed under-floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion-resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with s ash or door. c. Eaves shall be protected. d. Exterior construction shall be one-hour or non-combustible. e. Fuel modification plans shall be approved through L.A. County Fire Fuel Modification Unit. f. L.A. County Fire shall approve plans for fire flow availability due to homes being over 3,600 square feet, as required per CFC Appendix B105.1. 15. All retaining walls shall be separately submitted to the Building and Safety Division and Public Works Department for review and approval. 16. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 17. Slope setbacks shall be consistent with California Building Code Figure 1805.3.1 and California Residential Code R403.1.7. Foundations shall provide a minimum distance to daylight. 18. Light and ventilation shall comply with CBC 1203 and 1205. 19. Design for future electric vehicle charging and solar ready roof shall be provided. Permit – Items required prior to building permit issuance: 20. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 21. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 22. Submit grading plans clearly showing all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 23. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 7.1.b Packet Pg. 103 39 PC Resolution No. 2022-XX 24. All workers on the job shall be covered by workman’s compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. Construction – Conditions required during construction: 25. Fire sprinklers are required for new single-family dwellings (CRC R313.2). Sprinklers shall be approved by the L.A. County Fire Department prior to installation and shall be inspected at framing stage and finalization of construction. 26. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 27. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 28. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6’ high fence. 29. The project shall be protected by a construction fence to th e satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 30. The location of property lines and building pad may require a survey to be determined by the building inspection during foundation and/or frame inspection. 31. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 32. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 33. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 34. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 35. Drainage patterns shall match the approved grading/drainage plan from the Public Works Department. Surface water shall drain away from the building at a 2% minimum slope. The final as-built conditions shall match the grading/drainage plan or otherwise approved as-built grading/drainage plan. 7.1.b Packet Pg. 104 40 PC Resolution No. 2022-XX 36. Decks, roofs, and other flat surfaces shall slope at least 1/4”/ft with approved and listed water proofing material. Guardrails shall be provided for these surfaces at least 42” minimum in height, 4” maximum spacing between rails, and capable of resisting at least 20 pounds per lineal foot of lateral load. 37. Bodies of water that are greater than 18” in depth shall have the required barriers to prevent unintentional access per CBC 3904.4. 38. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE DEPARTMENT FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. FINAL MAP CONDITIONS OF APPROVAL 1. Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky. 2. Fire hydrant improvement plans shall be submitted for review and approval prior to the Final Map clearance. B. CONDITIONS OF APPROVAL – WATER SYSTEM 1. All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. 2. The required fire flow for the public fire hydrants for single family residential homes less than a total square footage of 3600 feet is 1250 gpm at 20 psi residual pressure for 2 hours with one public fire hydrant flowing. Single family resid ential home 3601 square feet or greater shall comply too Table B105.1 of the Fire Code in Appendix B. 3. Prior to final map clearance, provide written verification that the required fire hydrants have been bonded for in lieu of installation. 4. Install two new public fire hydrants as shown on the tentative map. 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. END 7.1.b Packet Pg. 105 BREA CANYON CHANNELCROOKED CREEK DR.CASTLE ROCK ROADGOLD RUN DR. 101 100 99 86858483828180797677787980818283841RUNNING BRANCH ROAD7574CHIRPING SPARROW ROAD234567891011 CASTLE ROCK ROADPOOLWALL P O O L POOLPOOL POOLWALL WALL POOLWALL WALLPOOLDECKPOOLPOOLDECKPOOL WALLWALL POOLWALL DECKWALL WALL POOLDECKPOOLDECKWALL POOL POOL WALL DECKDECKPOOL POOL POOL POOL STAIR POOLSTAIR STAIR POOL770775780 785 7 9 0755 7607657507457407357307257207157657607557857807707907 0 5 7 2 0 715 710 705 700 6 9 5 6 9 0 6 8 5 6806757307 2 5 750745740735795 800 805 8158008058108158207757807857907957557607657707 3 0 73 5 7 4 0 7 4 5 7 5 0715720725700705 7 10675680685690695665670665 670650645645655660655660660 6556456406506556606656657507557 6 0 7657707757 3 0 7 3 5 7 4 0 7 4 5 6 9 0 6 9 5 7 0 0 7 0 5 7 10 7 1 57 2 0 7 2 5670675680685 8358308258208158108058007957907858458408 4 5 840 835 830 825 820 815 845850 85 5820825830 8 5 0 8 4 584 0835830825860 855 860 860 8 5 5 8 0 5 810815 820 800 83 0 8 3 5 8 4 0 845 820 825 810 815 8 3 0825820 8 1 58 1 0 8 0 5800 795790 7857807 7 5 835 840 805 810 815 820 830 835 780 785 790 795 800 7 4 5740 7 5 0 7 5 5 7 6 0 7 6 5 7 7 0 7 2 0 7 2 5 7 3 0 7 3 5660665670675680685690695700705710715655650660665640650640635 6 9 0685680675670665660655650645 735730725720715710705700695640645635630640645 6506156206256306106156106306 2 0625 635 640645 7 1070 57 0 0695 6 9 0 6 8 5680675670665660655 7157507457407357307 2 5720 7657607557757708 2 0 8 1 5 8 1 0 8 0 5 850845855805800795790785780775770765760830825820815810835840850855655660665670675680685690695700705710715720725730735745750755760765770650650640635670675680685690695700705710715720725730735740745750755760765770775780815810800795790785WALL101 100 99 868584838281807976777879808182838417574234567891011(PRIVATE)2:1 SLOPE2:1 SLOPECASTLE ROCK ROADBREA CANYON CHANNELCROOKED CREEK DRIVEMB MB MB MB MB MB S MB MB MB A SSSSSSS!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!(!($1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 $1 ?uE Church ScharbarumTrailSCE POWERLINES 118'-2" RLM: Residential Low Medium RL: Low Density Residential OP: OfficeProfessional SP: Specific Plan Overlay RL: Low Density Residential RL10: Rural Land 10 N1: Non-Urban 1 RL20: Rural Land 20 Chirping S pa r r o w R d StateHwy57Gold Ru n D r Silver Bullet Dr FlapjackDr G re y fie ldLnR u n n i n g Br a n ch Rd Orange FwyCrookedCreekDrCastleRo ck Rd BreaCanyonRdCastle Rock RdCrooked Creek DrRunningBranchRd143'-6"35'-3"29'-4"661'-2" CROOKED CREEKSite Utilization Map Exhibit°0 100 20050 Feet6/8/2021 JN H:\pdata\169673\GIS\MXD\CrookedCreek_48x36P-100.mxd Source: City of Diamond Bar, LA County GIS Data, Esri World Map Legend Drainage Facilities Legend $1 Catch Basin $1 Inlet/Outlet !(Maintenance Hole Lateral Line GravityMain Natural Drainage Open Channel General Plan Zoning A-1-1: Light Agricultural A-2-1: Heavy Agricultural C-1: Neighborhood Commercial OP: Office, Professional RL: Low Density Residential RLM: Low Medium Density Residential SP: Specific Plan Overlay Site Information 1,000-foot Project Limit Line Parcels City LimitsBreaCreek 7.1.c Packet Pg. 106 SSSSSSSW W W W W W W W W W S S S 5 Hutton Centre Dr, Suite 500Santa Ana, CA 92707Phone: (949) 472-3505MBAKERINTL.COMSSDW7.1.cPacket Pg. 107 PRELIMINARY GRADING EXHIBIT125 Hutton Centre Dr, Suite 500Santa Ana, CA 92707Phone: (949) 472-3505MBAKERINTL.COMPROPOSED EASEMENTS:CROOKED CREEK DR IVE BR E A C A N Y O N C H A N N E L CASTLE ROCK ROAD 2345671DD(PUBL IC )CEECBBFFAASSSW W W W 7.1.cPacket Pg. 108 5 Hutton Centre Dr, Suite 500Santa Ana, CA 92707Phone: (949) 472-3505MBAKERINTL.COMPRELIMINARY GRADING EXHIBIT22PROPOSED EASEMENTS:680.00690.00700.00710.00720.00730.00740.00630.00640.00650.00660.00670.00680.00690.00700.00710.00720.00730.00740.00SECTION C-C670.00660.00650.00640.00630.00640.00650.00660.00670.00680.00640.00650.00660.00670.00680.00SECTION A-A690.00690.00650.00660.00670.00680.00690.00650.00660.00670.00680.00690.00SECTION B-B700.00700.00680.00690.00700.00710.00SECTION D-D670.00660.00650.00640.00630.00630.00640.00650.00660.00670.00680.00690.00700.00710.00620.00620.00660.00670.00680.00690.00SECTION E-E650.00640.00630.00620.00610.00630.00640.00650.00660.00670.00680.00690.00620.00610.00650.00660.00670.00680.00690.00650.00660.00670.00680.00690.00SECTION F-F640.00640.007.1.cPacket Pg. 109 I N T E R N A T I O N A L5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707Phone: (949) 472-3505 · MBAKERINTL.COMElevations TableNumber1234567891011121314Minimum Elevation-30.000-25.000-20.000-15.000-10.000-5.000-3.000-1.0000.0001.0003.0005.00010.00015.000Maximum Elevation-25.000-20.000-15.000-10.000-5.000-3.000-1.0000.0001.0003.0005.00010.00015.00020.000Color7.1.cPacket Pg. 110 I N T E R N A T I O N A L5 Hutton Centre Drive, Suite 500, Santa Ana, CA 92707Phone: (949) 472-3505 · MBAKERINTL.COM7.1.cPacket Pg. 111 CSDIAMOND BAR SFDCROOKED CREEK DRIVEDIAMOND BAR, CA 91789ARCHITECTDIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER OWNERCATHAY VIEW DEV INC701 S SAN GABRIEL STE DSAN GABRIEL , CA 91176INDEX:CSCOVER / INDEX SHEETSP-1.0 SITE PLANSP-2.0 WINDOW/DOOR SCHEDULE,COLOR MAT'L SUMMARY& LIGHT FIXTURESIMG-1PROJECT OVERVIEW 1IMG-2PROJECT OVERVIEW 2IMG-3VIEW FROM FREEWAY 57IMG-4VIEW FROM BREA CANYON RDIMG-5VIEW FROM CASTLE ROCK RDIMG-6PROJECT ENTRYIMG-7ELEV. FROM THE CHANNEL ( 1) /STREET ELEV. 2CIMG-8STREET ELEVATIONS 2A & 2B1.0PLAN 1 - BASEMENT PLAN1.1PLAN 1 - GROUND FLOOR1.2PLAN 1 - SECOND FLOOR PLAN1.3PLAN 1 - FRONT ELEV A & B1.3APLAN 1 - FRONT ELEV COLOR SCHEME1.4PLAN 1 - LEFT AND RIGHT SIDE ELEV1.5PLAN 1 - REAR ELEV1.5APLAN 1 - REAR ELEV COLOR SCHEME2.0PLAN 2 - GROUND FLOOR PLAN2.1PLAN 2 - SECOND FLOOR PLAN2.2PLAN 2 - THIRD FLOOR PLAN2.3PLAN 2 - FRONT ELEV A & B2.3APLAN 2 - FRONT ELEV COLOR SCHEME2.4PLAN 2 - LEFT AND RIGHT SIDE ELEV2.5PLAN 2 - REAR ELEV2.5APLAN 2 - REAR ELEV COLOR SCHEME3.0PLAN 3 - BASEMENT PLAN3.1PLAN 3 - GROUND FLOOR3.2PLAN 3 - SECOND FLOOR PLAN3.3PLAN 3 - FRONT ELEV A & B3.3APLAN 3 - FRONT ELEV COLOR SCHEME3.4PLAN 3 - LEFT AND RIGHT SIDE ELEV3.5PLAN 3 - REAR ELEV3.5APLAN 3 - REAR ELEV COLOR SCHEMEDESIGN NARRATIVEProject 7 lotsPlans 3 floor plansElevations 2 elevations each planCharacter Italian TuscanDesign Elements (see elevation sheets)ADU Plans Plan 1 & 3PROJECT INFORMATION..................all of the following are executed in the Construction Document Phase of workBldg Code 2019 California Bldg CodeCal Green REQUIRED - mandatory measures are identified in Construction Documents to obtain Bldg PermitCA State Energy REQUIRED - lighting to comply with high efficacy fixtures in construction documentsIndoor Air Quality REQUIRED - air quality to be consistent with ASHRAE 62.2 in construction documentsEV REQUIRED - one EVA charging station per garage in construction documentsSolar REQUIRED - per new residential homes and to be identified in construction documentsFire REQUIRED - sprinklers thruout and is identified as a deferred submittal in the construction documentsDecks REQUIRED - decks to slope 1/4" per ft or 2% in construction documentsGuardrails REQUIRED - guardrails to be 42" high and withhold 20lb horz force in construction documents7.1.cPacket Pg. 112 CROOKED CREEK DRIVEBREA CANYONCHANNEL(PRIVATE)P2RLOT 1P3LOT 3P3LOT 2P1RLOT 4P2LOT 7P3RLOT 6P1LOT 5CCBBAADDEEFF SCALE: 1" = 25'-0"SITE PLANSP-1.0DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C 2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO. DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER 7.1.cPacket Pg. 113 SP-2.0DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER WINDOW / DOOR SCHEDULECOLOR & MATERIAL SUMMARYLIGHT FIXTURES7.1.cPacket Pg. 114 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER IMG-1SITE OVERVIEW 1KEYPLAN21KEYPLAN7.1.cPacket Pg. 115 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER IMG-2SITE OVERVIEW 221KEYPLAN7.1.cPacket Pg. 116 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER VIEW FROM FREEWAY 57IMG-3S. Brea Canyon RdFREE WAY 57PROJECT SITE7.1.cPacket Pg. 117 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER VIEW FROM BREA CANYON RD.IMG-4S. Brea Canyon RdFREE WAY 57PROJECT SITE7.1.cPacket Pg. 118 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER VIEW FROM CASTLE ROCK RD.IMG-5PROJECT SITECastle Rock Rd7.1.cPacket Pg. 119 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER IMG-6PROJECT ENTRYKEYPLAN7.1.cPacket Pg. 120 1 - ELEVATION FROM THE CHANNEL2C - STREET ELEVATION 2C DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER IMG - 7112A2B2CKEYPLAN7.1.cPacket Pg. 121 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER IMG - 82A - STREET ELEVATION 2A112A2B2C2B - STREET ELEVATION 2B KEYPLAN7.1.cPacket Pg. 122 ELEV.VERANDAPDRMECH. RMBONUSSTOBATHWICSTOLIVING DININGBEDROOMENTRYKIT.ADU= 499 SFBEVERAGECENTERADUADUADUENTRYDIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 1 - BASEMENT PLANDD-1.07.1.cPacket Pg. 123 3-CAR GARAGEPORCHOFFICE/BEDRM 5ENTRYELEV.VERANDADININGLIVING COATS GREAT ROOMPANTRYBSMT 605 + 499 ADU1F 10982F 1691TOTAL 3893 SFBATH 5KITCHENFP/MEDIAPOWDER DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 1 - GROUND FLOOR PLANDD-1.17.1.cPacket Pg. 124 ELEV.MASTER BEDMASTERWICMASTER BATHBRM 2BRM 3BRM 4L WICWICLAUNDRY BATH 2BATH 3BATH 4DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 1 - SECOND FLOOR PLANDD-1.2 SCALE: 1/8" = 1'-0"PLAN 1 - ROOF PLAN ( A & B )7.1.cPacket Pg. 125 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER DD-1.3 SCALE: 1/4" = 1'-0"PLAN 1 - FRONT ELEVATION (A) SCALE: 1/4" = 1'-0"PLAN 1 - FRONT ELEVATION (B)7.1.cPacket Pg. 126 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER DD-1.3A SCALE: 1/4" = 1'-0"PLAN 1 - FRONT ELEVATION (A) SCALE: 1/4" = 1'-0"PLAN 1 - FRONT ELEVATION (B)COLOR SCHEME 3COLOR SCHEME 17.1.cPacket Pg. 127 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER DD-1.4 SCALE: 1/4" = 1'-0"PLAN 1 - RIGHT SIDE ELEVATION (A) SCALE: 1/4" = 1'-0"PLAN 1 - LEFT SIDE ELEVATION (A)7.1.cPacket Pg. 128 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER DD-1.5 SCALE: 1/4" = 1'-0"PLAN 1 - REAR ELEVATION ( A&B )7.1.cPacket Pg. 129 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER DD-1.5ACOLOR SCHEME 3 SCALE: 1/4" = 1'-0"PLAN 1 - REAR ELEVATION ( A&B )7.1.cPacket Pg. 130 LIVING DININGKITCHENLIBRARY ENTRYENTRYPORCH3-CAR GARAGEPATIOVERANDACOATSGREAT ROOMPDRPANTRYELEV 1F 11082F 19313F 939TOTAL 3978 SFDIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 2 - GROUND FLOOR PLANDD-2.07.1.cPacket Pg. 131 MASTER BEDMASTERWICVERANDAMASTER BATHELEV LWIC BEDRM 3BEDRM 4ROOF OVERLAUNDRY WICWICBEDRM2BATH 4BATH 3BATH 2STO.DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 2 - SECOND FLOOR PLANDD-2.17.1.cPacket Pg. 132 ELEVBONUS RMBEDRM5WICBATH 5PDRSTO.DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 2 - THIRD FLOOR PLANDD-2.2 SCALE: 1/8" = 1'-0"PLAN 2 - ROOF PLAN ( A & B )7.1.cPacket Pg. 133 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 2 - FRONT ELEVATION (A) SCALE: 1/4" = 1'-0"PLAN 2 - FRONT ELEVATION (B)DD-2.37.1.cPacket Pg. 134 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 2 - FRONT ELEVATION (A) SCALE: 1/4" = 1'-0"PLAN 2 - FRONT ELEVATION (B)DD-2.3ACOLOR SCHEME 1COLOR SCHEME 27.1.cPacket Pg. 135 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 2 - LEFT SIDE ELEVATION ( A ) SCALE: 1/4" = 1'-0"RIGHT SIDE ELEVATION ( A )DD-2.4 SCALE: 1/4" = 1'-0"PARTIAL RIGHT SIDE ELEV. ( B )7.1.cPacket Pg. 136 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 2 - REAR ELEVATION ( A&B )DD-2.57.1.cPacket Pg. 137 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 2 - REAR ELEVATION ( A&B )DD-2.5ACOLOR SCHEME 17.1.cPacket Pg. 138 VERANDASTOELEV.BONUS ROOMMECHRMBATHBRWICSTOPDRLIVING DININGKIT.ENT.ADU = 600SFBEVERAGECENTERADUADUADUENTRYDIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 3 - BASEMENT PLANDD-3.07.1.cPacket Pg. 139 3-CAR GARAGEBEDROOM 4GREAT ROOMKITCHENDININGLIVINGPANTRYELEV.DEN/OFFICEENTRYENTRYPORCHVERANDAPDR 1WICBSMT 627 + 600 ADU1F 15482F 2039TOTAL 4814 SFBATH 4COATSCOATS DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 3 - GROUND FLOOR PLANDD-3.17.1.cPacket Pg. 140 MASTER BEDRMMASTER BATHHERSHISLOFTBEDROOM 2BEDROOM 3BATH 3LAUNDRYELEV WICROOF OVERLWICBATH 2L L DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 3 - SECOND FLOOR PLANDD-3.2 SCALE: 1/4" = 1'-0"PLAN 3 - ROOF PLAN ( A & B )7.1.cPacket Pg. 141 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 3 - FRONT ELEVATION (A) SCALE: 1/4" = 1'-0"PLAN 3 - FRONT ELEVATION (B)DD-3.37.1.cPacket Pg. 142 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 3 - FRONT ELEVATION (A) SCALE: 1/4" = 1'-0"PLAN 3 - FRONT ELEVATION (B)DD-3.3ACOLOR SCHEME 2COLOR SCHEME 37.1.cPacket Pg. 143 DIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 3 - LEFT SIDE ELEVATION ( A ) SCALE: 1/4" = 1'-0"PLAN 3 - RIGHT SIDE ELEVATION ( A )DD-3.47.1.cPacket Pg. 144 VERANDABONUS ROOMLIVINGDININGKIT.ENT.BEVERAGECENTERADUADUENTRYDIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 3 - REAR ELEVATION ( A & B )DD-3.5 SCALE: 1/4" = 1'-0"PLAN 3 - PARTIAL BASEMENT PLAN7.1.cPacket Pg. 145 VERANDABONUS ROOMLIVINGDININGKIT.ENT.BEVERAGECENTERADUDIAMOND BAR SFDProject :Project Number :Sheet No. : Sheet Title :C2020, BUCILLA GROUP ARCHITECTURE INC.DO NOT SCALE THE DRAWINGSARCHITECT:UCILLA ROUP RCHITECTURE19782 Mac Arthur Blvd., Suite 270, Irvine, Ca 92612TEL 949. 851. 9080 www.bg-architecture.comATTEST TO ARCHITECTURAL ONLYSTAMPRCHITECTUREALANNINGPNTERIOR DESIGN IISTORIC PRESERVATIONHEEDLALUE ENGINEERINGVDATENO.DESCRIPTIONDD SUBM. DATE: PERMIT NO: BUCILLA GROUP ARCHITECTURE, INC. hereby expressly reserves its common law copywright and otherproperty rights in these plans. These plans are not to bewhatsoever, nor are they to be assigned to any third partycopied, reproduced or changed in any form or mannerwithout first obtaining the express written permission andconsent of BUCILLA GROUP ARCHITECTURE, INC.24 x 36 BD SUBM. DATE: PLOT DATE: OWNER SCALE: 1/4" = 1'-0"PLAN 3 - REAR ELEVATION ( A & B )DD-3.5A SCALE: 1/4" = 1'-0"PLAN 3 - PARTIAL BASEMENT PLANCOLOR SCHEME 27.1.cPacket Pg. 146 665R =100 ' R = 1 7 5 'CROOKEDCREEKD R I V E B R E A C A N Y O N C H A N N E LLOT 6LOT 7LOT 4LOT 3LOT 2LOT 1LOT 56606 6 0 65 0 65 0 6606506506406 6 0 REQUIRED MIX OF PLANT MATERIALS:PLANT MATERIALPRELIMINARY LANDSCAPE - SITE ILLUSTRATIVECROOKED CREEK AMENDED TENTATIVE TR. 54081DIAMOND BAR - CALIFORNIA6' H. STONE PILASTER WITH CONCRETE CAP ANDVERTICAL STEEL PIN SIGNAGECONNECT ON-SITE SIDEWALK WITH ADJACENTEXISTING SIDEWALK(2) FRUITLESS OLIVES AT ENTRYPRELIMINARY PLANT PALETTE:TREES:BOTANICAL NAMECOMMON NAMECONTAINERSIZECOMMENTS W.U.C.O.L.S.REGION 3HEIGHT x WIDTHGROWTH25' x 20'SLOWSTD.36" BOXLOW30' x 50'SLOWSTD.5 GALLOWOLEA EUROPA 'FRUITLESS' FRUITLESS OLIVEJUGLAN CALIFORNICA CALIFORNIA BLACK WALNUT QUERCUS AGRIFOLIA COAST LIVE OAK50' x 40'SLOWSTD./MULTI.24" BOXVERY LOWPHORIMUM SPP.NEW ZEALAND FLAX3' x 5'MEDIUM-5 GALLOWLARGE SHRUBS:ARBUTUS 'COMPACTA'DWARF STRAWBERRY TREE10' x 10'MEDIUMLOWBRANCHING5 GALLOWCRASSULA SPP.CRASSULA4' x 5'MEDIUM-5 GALLOWMEDIUM SHRUBS:SPREADING SHRUBS / GROUNDCOVER:CARISSA SPP.NATAL PLUM2' x 3'MEDIUMSHRUB5 GALLOWCARISSA MACRO. ‘GREEN CARPET’LOW GROWING NATAL PLUM1' x 4'MEDIUMSPREADING1 GALLOWFESTUCA RUBRARED FESCUE1' x 2'MEDIUMSPREADING5 GALLOWGARDENIA SPP.GARDENIA3' x 2'MEDIUMSPREADING5 GALLOWROSMARINUS 'PROSTRATUS'TRAILING ROSEMARY1' x 10'MEDIUMSPREADING1 GALLOWAGAVE ATTENUTAFOXTAIL AGAVE5' x 5'SLOW-5 GALVERY LOWACCENT SHRUBS:AGAVE GEMINIFLORATWIN FLOWERED AGAVE3' x 3'SLOW-5 GALVERY LOWAGAVE ‘BLUE FLAME’BLUE FLAME AGAVE3' x 4'SLOW-5 GALVERY LOWALYOGYNE HUEGELIIBLUE HIBISCUS8' x 8'MEDIUM5 GAL-LOWHERNIARIA GLABRAGREEN CARPET1' x 5'MEDIUMSPREADING1 GALLOWROSMARINUS 'PROSTRATUS'TRAILING ROSEMARY1' x 5'MEDIUMSPREADING1 GALLOWCLIMBING VINE ON RETAINING WALLS:REQUIRED PERCENTAGE OF MIXTREES:24" BOX (OR LARGER)15 GALLONSHRUBS:20% = 1980%5 GALLON1 GALLON73%27%GROUNDCOVER:COVERAGE WITHIN2 YEARS100%14 ' 14' 14' 14' 1 4 '14'14'TRAILHEAD ACCESS:WOOD PERGOLA OVERHEADBENCH SEATINGSTABILIZED DECOMPOSED GRANITE(For future connection to the Los Angeles County open space and Schabarum Trail)QTY.12The landscape plans shall comply with the water conservationlandscaping requirement pursuant to DBMC Chapter 8.14.WATER CONSERVATION NOTE:720119 PROVIDED26 PROVIDEDCALI. BLACK WALNUT201 PROVIDED5 GAL. TREES:45FOR SITE WIDE TREE MITIGATIONPLAN SEE L.A.C.F.D. APPROVEDTREE MITIGATION PLANCONCENTRATE TREES AND SHRUBS LARGELY IN CONCAVE AREAS AND PLANTCONVEX PORTIONS MAINLY WITH GROUNDCOVERS.1sheet:of 8L ICEN S E DLANDSCAPEARCHITECTSTATEOFCALIFORNI A SignatureB E J A MI NMONTRELLA#5819Renewal DateDate5.31.22N December 3, 2021DATE: DECEMBER 3, 2021SCALE: 1"=20'010'40'20'NorthTRISTANIA CONFERTABRISBANE BOX20' x 15'MEDIUMSTD.15 GAL.MED.15LOCATE OLIVE TREES TO SCREENVIEW ACROSS BREA CANYONCHANNEL. TYPICAL AT ALL LOTS246 TOTALPROVIDEDALL PLANT MATERIAL PER COUNTY OF LOS ANGELES FIRE DEPARTMENT APPROVED PLANT PALETTE LISTBOUGAINVILLEA SPP.1' x 5'MEDIUMSPREADING1 GALLOWFICUS PUMILA1' x 5'MEDIUMCLIMBING1 GALLOWPITTOSPORUM 'WHEELERS' DWARF'DWARF PITTOSPORUM3' x 2'MEDIUMSHRUBLOW1' x 4'MEDIUMSPREADING1 GALLOWMYOPORUM PARVIFOLIUMNCNPYRUS CALLERYANABRADFORD PEAR25' x 20'MEDIUMSTD.15 GAL.MED.11TREE REPLACEMENT:TREE REPLACEMENT RATIO = 3:1TREES REMOVED:OAKS TO BE REMOVED= 4CALIFORNIA BLACK WALNUT = 174 REQ.'DTOTAL TREES REMOVED= 62TOTAL TREES REQUIRED = 186 REQ.'DTOTAL TREES PROVIDED= 213REFER TO EXISTING TREE SURVEY PREPARED by DUDEKInc. FOR MORE INFORMATIONWALNUT TREES REMOVED= 58BLACK WALNUT PROVIDED = 201 (27 ADDITIONAL TREES)COAST LIVE OAKS PROVIDED= 12COAST LIVE OAKS REQ.'D = 12 REQ.'D7.1.cPacket Pg. 147 665R =10 0 ' R = 1 7 5 'CROOKEDCREEKD R I V E B R E A C A N Y O N C H A N N E LLOT 6LOT 7LOT 4LOT 3LOT 2LOT 1LOT 5R = 1 7 5 'CROOKEDCREEKD R I V E B R E A C A N Y O N C H A N N E L SEDUM SPP.STONECROP SPECIES.5' x 2'MEDIUMSPREADINGLOWLIRIOPE SPICATACREEPING LILY TURF1' x 3'MEDIUMSPREADINGLOWACHILLEA TOMENTOSAWOOLY YARROW1' x 2'MEDIUM-LOWDIETES BICOLOR / IRIOIDESFORTNIGHT LILY2' x 2'MEDIUM-LOWSPREADING SHRUBS / GROUNDCOVER:MYOPORUM PARVIFOLIUMNCN1' x 4'MEDIUMSPREADINGLOWSPREADING SHRUBS / GROUNDCOVER:THYMUS SPECIESCREEPING THYME.5' x 2'MEDIUMSPREADINGLOWCARISSA MACRO. ‘GREEN CARPET’LOW GROWING NATAL PLUM1' x 4'MEDIUMSPREADINGLOWFESTUCA RUBRARED FESCUE1' x 2'MEDIUMSPREADINGLOWVINCA MINORDWARF PERIWINKLE.5' x 3'MEDIUMSPREADINGLOWLIRIOPE MUSCARILILY TURF2' x 2'SLOWROSEMARY OFFICIALNISTRAILING ROSEMARY1' x 10'MEDIUMSPREADINGLOWTRACHELOSPERMUM JASMINOIDESSTAR JASMINE2' x 8'MEDIUMSPREADINGMEDIUMAGAVE ATTENUTAFOXTAIL AGAVE5' x 5'SLOW-VERY LOWACCENT SHRUBS:AGAVE GEMINIFLORATWIN FLOWERED AGAVE3' x 3'SLOW-VERY LOWAGAVE ‘BLUE FLAME’BLUE FLAME AGAVE3' x 4'SLOW-VERY LOWDELOSPERMA ‘Table Mountain’TRAILING ICE PLANT.5' x 2'MEDIUM-SPREADINGLOWHERNIARIA GLABRAGREEN CARPET1' x 5'MEDIUMSPREADINGLOWCLIMBING VINE ON RETAINING WALLS:SYMBOLCiiGGHHHHHHHiGGGGGGGGGGAAAAAAAABBBBBBBEEEEEDDDDABBBBBBBBCCCCCCCCCEEEEEEEDDDFFFJJJJJJJJJJJJJJJJJJAABCDABBBBBBBBBBBBBBBBBBBBAEECCCAJJJJBBECCCCCCEJJJJJJJJJ5 GAL5 GAL5 GAL5 GALFLATS5 GALFLATSFLATS5 GAL5 GALFLATS5 GAL5 GAL5 GAL5 GAL5 GALFLATSBJJJJJJJJJJJJJJJAEBBBBJJJ665566656681183299494998766555777555577755577757777777385577PHORIMUM SPP.NEW ZEALAND FLAX5' x 5'MEDIUMLOWBRANCHING5 GALLOWROSMARINUS 'PROSTRATUS'TRAILING ROSEMARY1' x 5'MEDIUMSPREADING1 GALLOWBOUGAINVILLEA SPP.1' x 5'MEDIUMSPREADING1 GALLOWFICUS PUMILA1' x 5'MEDIUMCLIMBING1 GALLOWPLANTING ON VERDURA WALLS:KLKKLLLLLKKKKKKKLLLLLLLLLKKKKKKKKLLLLLLLLKKKKKKKLLLLLLLLLLKKKKKKKKKKKKKKKKKKLLLLLLLLCJJJVERTICAL ACCENT BETWEEN VERDURA WALLS:MTRISTANIA CONFERTA 'ELEGANT'BRISBANE BOX15' x 25'MEDIUMSTD.15 GAL.MED.MLMMMMMMMMMM655MMMMMMMMMMLOWLiriope spicataSHRUBS:SEDUM SPP.STONECROP SPECIES.5' x 2'MEDIUMSPREADINGLOWLIRIOPE SPICATACREEPING LILY TURF1' x 3'MEDIUMSPREADINGLOWACHILLEA TOMENTOSAWOOLY YARROW1' x 2'MEDIUM-LOWDIETES BICOLOR / IRIOIDESFORTNIGHT LILY2' x 2'MEDIUM-LOWSPREADING SHRUBS / GROUNDCOVER:MYOPORUM PARVIFOLIUMNCN1' x 4'MEDIUMSPREADINGLOWSPREADING SHRUBS / GROUNDCOVER:THYMUS SPECIESCREEPING THYME.5' x 2'MEDIUMSPREADINGLOWCARISSA MACRO. ‘GREEN CARPET’LOW GROWING NATAL PLUM1' x 4'MEDIUMSPREADINGLOWFESTUCA RUBRARED FESCUE1' x 2'MEDIUMSPREADINGLOWVINCA MINORDWARF PERIWINKLE.5' x 3'MEDIUMSPREADINGLOWLIRIOPE MUSCARILILY TURF2' x 2'SLOWROSEMARY OFFICIALNISTRAILING ROSEMARY1' x 10'MEDIUMSPREADINGLOWTRACHELOSPERMUM JASMINOIDESSTAR JASMINE2' x 8'MEDIUMSPREADINGMEDIUMAGAVE ATTENUTAFOXTAIL AGAVE5' x 5'SLOW-VERY LOWACCENT SHRUBS:AGAVE GEMINIFLORATWIN FLOWERED AGAVE3' x 3'SLOW-VERY LOWAGAVE ‘BLUE FLAME’BLUE FLAME AGAVE3' x 4'SLOW-VERY LOWDELOSPERMA ‘Table Mountain’TRAILING ICE PLANT.5' x 2'MEDIUM-SPREADINGLOWHERNIARIA GLABRAGREEN CARPET1' x 5'MEDIUMSPREADINGLOWCLIMBING VINE ON RETAINING WALLS:SYMBOLSYMBOL1ABCDEF23456789GHiJ5 GAL5 GAL5 GAL5 GALFLATS5 GALFLATSFLATS5 GAL5 GALFLATS5 GAL5 GAL5 GAL5 GAL5 GALFLATSPHORIMUM SPP.NEW ZEALAND FLAX5' x 5'MEDIUMLOWBRANCHING5 GALLOWROSMARINUS 'PROSTRATUS'TRAILING ROSEMARY1' x 5'MEDIUMSPREADING1 GALLOWBOUGAINVILLEA SPP.1' x 5'MEDIUMSPREADING1 GALLOWFICUS PUMILA1' x 5'MEDIUMCLIMBING1 GALLOWPLANTING ON VERDURA WALLS:KLVERTICAL ACCENT BETWEEN VERDURA WALLS:MTRISTANIA CONFERTA 'ELEGANT'BRISBANE BOX15' x 25'MEDIUMSTD.15 GAL.MED.LOWLiriope spicataPRELIMINARY LANDSCAPE - SITE WIDE SHRUB & GROUNDCOVER PLANTINGCROOKED CREEK AMENDED TENTATIVE TR. 54081NorthDIAMOND BAR - CALIFORNIAPRELIMINARY SHRUB & GROUNDCOVER PLANT PALETTE:BOTANICAL NAMECOMMON NAMECONTAINERSIZECOMMENTSW.U.C.O.L.S.REGION 3HEIGHT x WIDTHGROWTHAPPROXIMATE 10' WIDE OPEN AREA WITH NO TREES ORSHRUBS ALONG SIDE YARD OF LOT 1 TO PROVIDEACCESS FOR EDISON EASEMENT, FIRE AND TREEMONITORING.2sheet:of 8L ICEN S E DLANDSCAPEARCHITECTSTATEOFCALIFORNI A SignatureB E J A MI NMONTRELLA#5819Renewal DateDate5.31.22N September 29, 2021DATE: SEPTEMBER 29, 2021SCALE: 1"=20'010'40'20'NorthFOR SITE WIDE TREE MITIGATIONPLAN SEE L.A.C.F.D. APPROVEDTREE MITIGATION PLANREQUIRED MIX OF PLANT MATERIALS:PLANT MATERIALREQUIRED PERCENTAGE OF MIXTREES:24" BOX (OR LARGER)15 GALLONSHRUBS:20% = 1980%5 GALLON1 GALLON73%27%GROUNDCOVER:COVERAGE WITHIN2 YEARS100%19 PROVIDED26 PROVIDEDCALI. BLACK WALNUT201 PROVIDED5 GAL. TREES:45246 TOTALPROVIDED7.1.cPacket Pg. 148 D/OD/OD/OD/O D/O D/O D/O665R = 1 0 0 ' R = 1 7 5 'CROOKEDCREEKD R I V E B R E A C A N Y O N C H A N N E LLOT 6LOT 7LOT 4LOT 3LOT 2LOT 1LOT 5WALL & FENCE LEGEND:6' H. CULTURED STONE ENTRY PILASTERWITH VERTICAL STEEL PIN SIGNAGEELDORADO STONE: STONE VENEER TOMATCH PERGOLA BASE AT TRAILHEADPRELIMINARY LANDSCAPE -WALL & FENCE EXHIBITCROOKED CREEK AMENDED TENTATIVE TR. 54081DIAMOND BAR - CALIFORNIA6' H. CULTURED STONE ENTRY PILASTER WITHVERTICAL STEEL PIN SIGNAGEELDORADO STONE: STONE VENEER TO MATCHPERGOLA BASE AT TRAILHEAD -SEE DETAIL BELOW6' H. C.M.U. PRIVACY WALL WITHSPLIT-FACE FINISHANGELUS BLOCK: COLOR HARVESTNOTE: ALL SITE RETAINING WALLS AND OTHER SITE WALLSSHALL BE UNDER SEPARATE PERMIT. REFER TO CIVILENGINEERING / STRUCTURAL SOILS REPORT.5'-6" H. METAL FENCESHERWIN WILLIAMS: COLORSEALSKIN BROWN, MATTE FINISH6' H. C.M.U. WALL WITH SPLIT-FACEFINISH AND METAL GATE WITH METALMESH PRIVACY SCREEN AT SIDEYARDSSHERWIN WILLIAMS: COLORSEALSKIN BROWN, MATTE FINISH6' TALL WROUGHT IRON DOUBLE SWING ACCESSGATE FOR EDISON EASEMENT, FIRE AND TREEMONITORING.MATERIALS IMAGERYPILASTERSPLIT-FACE CMUMETAL VIEW FENCEMETAL VIEW FENCEON LOW CMU WALL /RETAINING WALLMETAL OR WOOD SIEYARD GATETRAILHEAD ACCESS:WOOD PERGOLA OVERHEAD - SEE DETAIL THIS SHEETBENCH SEATING - SEE DETAIL THIS SHEET(For future connection to the Los Angeles County open space and Schabarum Trail)COMBINATION 5'-6" H. METAL FENCEon CMU SPLIT-FACE RETAINING WALLSHERWIN WILLIAMS: COLORSEALSKIN BROWN, MATTE FINISH8-10' HT. VERDURALIVING RETAINING WALLAVAIL THRU: SOIL RETENTIONSYSTEMS Inc.TERRACES PER CIVIL ENGINEER.8'-10'. HT. VERDURALIVING RETAINING WALLAVAIL THRU: SOIL RETENTIONSYSTEMS Inc.TERRACES PER CIVIL ENGINEER.COMBINATION 42" H. METAL FENCE on7' MAX. CMU SPLIT-FACE RETAININGWALL. SHERWIN WILLIAMS: COLORSEALSKIN BROWN, MATTE FINISHCOMBINATION 42" H. METAL FENCE on42" MAX. HT. RETAINING WALL WITHINFIRST 20' OF FRONT PROPERTY LINE.SHERWIN WILLIAMS: COLORSEALSKIN BROWN, MATTE FINISHCOMBINATION 42" H. METAL FENCE on 42" MAX. HT.RETAINING WALL WITHIN FIRST 20' OF FRONT PROPERTYLINE.SHERWIN WILLIAMS: COLORSEALSKIN BROWN, MATTE FINISHCOMBINATION 5'-6" H. METAL FENCE on 4'TALL CMU SPLIT-FACE RETAINING WALLSHERWIN WILLIAMS: COLORSEALSKIN BROWN, MATTE FINISH5'-6" H. METAL FENCESHERWIN WILLIAMS: COLORSEALSKIN BROWN, MATTE FINISH6' H. C.M.U. PRIVACY WALL WITHSPLIT-FACE FINISHANGELUS BLOCK: COLOR HARVESTC.M.U. SPLIT-FACE RETAININGWALL ALONG CROOKED CREEKDRIVE - HEIGHTS VARY:0-5'6'-10'11'-17'4' TALL CMU SPLITFACE RETAININGWALL11'-17' TALL CMU SPLITFACE RETAINING WALL6'-10' TALL CMU SPLITFACE RETAINING WALL1.5'-5' TALL CMU SPLITFACE RETAINING WALLTRAILHEAD BENCH AND PERGOLA:BENCH SEATING AT TRAILHEADWOOD PERGOLA AT TRAILHEAD3sheet:of 8L ICEN S E DLANDSCAPEARCHITECTSTATEOFCALIFORNI A SignatureB E J A MI NMONTRELLA#5819Renewal DateDate5.31.22N August 17, 2021DATE: AUGUST 17, 2021SCALE: 1"=20'010'40'20'NorthEXISTING 6' TALL CHAIN-LINK FENCE TO REMAIN7.1.cPacket Pg. 149 D/OD/OD/OD/O D/O D/O D/OLOT 1SECTION'B'SECTION'A'℄⅊VERDURA PLANTED RETAINING WALLSPROPOSED RETAINING WALLS'TRAILING" GROUNDCOVER ABOVE RETAINING WALLSWHERE NO V-DITCH OCCURS BELOW PLANTING AREATYPICALSTREETSCAPEPLANT MATERIAL VARIETY TOPROVIDE VERTICAL INTERESTON SLOPESSELF-ATTACHING VINES ONPROPOSED RETAINING WALLSFRONT YARD PLANTING perTYPICAL FRONT YARDPRODUCTION PLANS - SEESEPARATE PLANSLIGHT STANDARD PERSEPARATE CONSULTANTSECTION'C'℄⅊12VERDURA PLANTED RETAINING WALLSPER CIVIL ENGINEER PLANS5'-6" H. METAL FENCESELF-ATTACHING VINES ONPROPOSED RETAINING WALLSREAR YARD'TRAILING" GROUNDCOVER ABOVE RETAINING WALLSWHERE NO V-DITCH OCCURS BELOW PLANTING AREATYPICALSTREETSCAPEPLANT MATERIAL VARIETY TOPROVIDE VERTICAL INTERESTON SLOPESSELF-ATTACHING VINES ONPROPOSED RETAINING WALLSFRONT YARD PLANTING perTYPICAL FRONT YARDPRODUCTION PLANS - SEESEPARATE PLANSLIGHT STANDARD PERSEPARATE CONSULTANTEXISTING BREA CHANNEL⅊⅊5'TYPREAR YARD1212VARIESPAD8' WIDETERRACEMATCHEXISTING4' EXPOSED HEIGHT RETAINING WALL PER CIVILENGINEER PLANSSELF-ATTACHING VINES ONPROPOSED RETAINING WALLS6' CMU WALLPLANT MATERIAL VARIETY TO PROVIDEVERTICAL INTEREST ON SLOPES24'-6"18'20'20.0'MINVARIES6'2'℄⅊⅊⅊PADEXISTING BREA CHANNEL2' V-DITCH PER CIVIL ENGINEER PLANS6' H. METAL FENCEPRELIMINARY LANDSCAPE SECTIONSCROOKED CREEK AMENDED TENTATIVE TR. 54081SCALE: 18" = 1' - 0"DIAMOND BAR - CALIFORNIASECTION 'A'SECTION 'B'SECTION 'C'SITE PLAN4sheet:of 8L ICEN S E DLANDSCAPEARCHITECTSTATEOFCALIFORNI A SignatureB E J A MI NMONTRELLA#5819Renewal DateDate5.31.22N August 17, 2021DATE: AUGUST 17, 2021North7.1.cPacket Pg. 150 SHRUBS / GROUNCOVERS:CARISSA MACRO. ‘GREEN CARPET’LOW GROWING NATAL PLUM1' x 4'MEDIUMSPREADINGLOWLANTANA SPP.LANTANA2' x 8'MEDIUMSPREADINGLOWDIETES BICOLOR / IRIOIDESFORTNIGHT LILY2' x 3'MEDIUMSHRUBLOWROSEMARY OFFICIALNISTRAILING ROSEMARY1' x 10'MEDIUMSPREADINGLOWVIBURNUM SPECIES(ZONE "A" 10' MIN. FROM BUILDING)3' x 6'MEDIUMSHRUBVERY LOWTRACHELOSPERMUM JASMINOIDESSTAR JASMINE2' x 3'MEDIUMSHRUBLOWSYMBOLH5 GAL1 GAL5 GAL1 GAL5 GAL1 GALAGBCEFFRONT YARD TREE:SYMBOLTRISTANIA CONFERTABRISBANE BOX30' x 25'MEDIUMSTANDARDMED24" boxTURF AT FRONT YARDS:LOW WATER USETALL TYPE FESCUE TURF1' x 15'MEDIUMSPREADINGLOWSYMBOLSODDEDDiMYOPORUM PARVIFOLIUMNCN1' x 5'MEDIUMSPREADINGFLATSAGAVE ATTENUTAFOXTAIL AGAVE5' x 5'SLOW-VERY LOW5 GALD/OC R O O K E D C R E E K D R I V EBBBBBBHHHHHHHHFFEHBBHEFFFEHGCGGiiAAAPRELIMINARY LANDSCAPE - FRONT YARD TYPICAL PLANTINGCROOKED CREEK AMENDED TENTATIVE TR. 54081DIAMOND BAR - CALIFORNIATYPICAL FRONT YARD PLANT PALETTE:BOTANICAL NAMECOMMON NAMECONTAINERSIZECOMMENTSW.U.C.O.L.S.REGION 3HEIGHT x WIDTHGROWTH5sheet:of 8L ICEN S E DLANDSCAPEARCHITECTSTATEOFCALIFORNI A SignatureB E J A MI NMONTRELLA#5819Renewal DateDate5.31.22N August 17, 2021DATE: AUGUST 17, 2021North7.1.cPacket Pg. 151 665R =10 0 ' R = 1 7 5 'CROOKEDCREEKD R I V E B R E A C A N Y O N C H A N N E LLOT 6LOT 7LOT 4LOT 3LOT 2LOT 1LOT 570'Z O N E ' B '30'ZONE 'A'30'ZONE 'A'30'ZONE 'A'30'-7"ZONE 'B'100'ZONE 'C'30'ZONE 'A'70'ZONE 'B'100'ZONE 'C'3 0 'ZONE 'A ' 30'Z O N E ' A ' 22' - 4 " Z O N E ' A '30'ZONE 'A'20'ZONE 'B'20'ZONE 'B'27'-3"ZONE 'B'30' ZON E ' A '30'ZONE 'A'30'ZONE 'A'30'ZONE 'A'28'ZONE 'A'30'ZONE 'A'30'ZONE 'A'30'ZONE 'A'47'ZONE 'B'100'ZONE 'C '30'ZONE 'A'30'ZONE 'A'30'ZONE 'A'30'ZONE 'A'30'ZONE 'A'30 'Z O N E ' A '70'ZONE 'B'100'ZONE 'C'70'ZONE 'B'100'ZONE 'C'70'ZONE 'B'70'ZONE 'B'31'-1 " ZON E ' A ' 70' ZON E ' B '100'ZONE 'C'30'ZONE 'A'70'ZONE 'B'100'ZONE 'C'30'ZONE 'A'70'ZONE 'B'100'ZONE 'C'30'ZONE 'A'70'ZONE 'B'100'ZONE 'C'100'ZONE 'C'Tree Replacement ExhibitCROOKED CREEK AMENDED TENTATIVE TR. 54081SCALE: 1" = 30"DIAMOND BAR - CALIFORNIA6sheet:of 8L ICEN S E DLANDSCAPEARCHITECTSTATEOFCALIFORNI A SignatureB E J A MI NMONTRELLA#5819Renewal DateDate5.31.22N September 27, 2021DATE: SEPTEMBER 27, 2021NorthTREE KEY:EXISTING TREE TO BE REMOVEDEXISTING TREE TO REMAINTREE REPLACEMENT:TREE REPLACEMENT RATIO = 3:1TREES REMOVED:OAKS TO BE REMOVED= 4CALIFORNIA BLACK WALNUT= 174 REQ.'DTOTAL TREES REMOVED= 62TOTAL TREES REQUIRED= 186 REQ.'DTOTAL TREES PROVIDED= 213REFER TO EXISTING TREE SURVEY PREPARED by DUDEKInc. FOR MORE INFORMATIONWALNUT TREES REMOVED= 58BLACK WALNUT PROVIDED= 201 (27 ADDITIONAL TREES)COAST LIVE OAKS PROVIDED= 12COAST LIVE OAKS REQ.'D= 12 REQ.'DMITIGATION TREE:JUGLANS CALIFORNICACALIFORNIA BLACK WALNUTCOUNTY OF LOS ANGELES FIRE DEPARTMENT:FUEL MODIFICATION PLAN NOTESZone A - Setback Zone·Extends 30 feet beyond the edge of any combustible structure, accessory structure, appendage or projection.Overhangs or parts of structures not accurately reflected on the plans may negate the approval of plant location on theapproved plan.·Irrigation by automatic or manual systems shall be provided to maintain healthy vegetation and fire resistance.·Vegetation in this zone shall consist primarily of green lawns, ground covers not exceeding 6 inches in height, andadequately spaced shrubs. The overall landscape characteristics shall provide adequate defensible space in a fireenvironment.·Plants in Zone A shall be inherently highly fire resistant and appropriately spaced. Species selection should referencethe Fuel Modification Plant List. Other species may be used subject to approval. Plans re-submitted 6 months after theinitial review will be evaluated based on the current Fuel Modification Plant List, available from the Fuel ModificationUnit.·Trees are generally not recommended, except for dwarf varieties or mature trees small in stature.·Target species will typically not be allowed within 30 feet of combustible structures and may require removal if existing.·Vines and climbing plants shall not be allowed on any combustible structure requiring review.Zone B - Irrigated Zone·Extends from the outer edge of Zone A to 100 feet from structures.·Irrigation by automatic or manual systems shall be provided to maintain healthy vegetation and fire resistance.·Vegetation in this zone shall primarily consist of green lawns, ground covers, and adequately spaced shrubs and trees.·Unless otherwise approved, ground covers shall be maintained at a height not to exceed 6 inches. On slopes, 12 inchesis acceptable within 50 feet of a structure, and 18 inches beyond 50 feet. The overall landscape characteristics shallprovide adequate defensible space in a fire environment. Specimen native plants may be approved to remain if properlymaintained for adequate defensible space. Annual grasses or weeds shall be maintained at a height not to exceed 3inches.·Plants shall be fire resistant and appropriately spaced. Plant selection should reference the Fuel Modification Plant List.Other plants may be used subject to approval.·Replacement planting to meet minimum City or County slope coverage requirements or ordinances will be considered. Inall cases, the overall landscape characteristics shall provide adequate defensible space in a fire environment.·Target species may require removal within 50 feet of structures, depending on site conditions.·All trees, unless otherwise approved, shall be planted far enough from structures and Fire access roads, as to notoverhang any structure or access at maturity.Zone C - Native Brush Thinning Zone·Extends from the outer edge of Zone B up to 200 feet from structures or to the property line.·Required thinning and clearance will be determined upon inspection.·Irrigation systems are not required.·Vegetation may consist of modified existing native plants, adequately spaced ornamental shrubs and trees, or both.Replacement planting to meet minimum City or County slope coverage requirements or ordinances will beconsidered. In all cases, the overall landscape characteristics shall provide adequate defensible space in a fireenvironment.·Plants shall be spaced appropriately. Existing native vegetation shall be modified by thinning and removal of plantsconstituting a fire risk; these include, but are not limited to: chamise, sage, sage brush, and buckwheat.·Annual grasses and weeds shall be maintained at a height not to exceed 3 inches.·General spacing for existing native shrubs or groups of shrubs is 15 feet between canopies. Native plants may bethinned by reduced amounts as the distance from development increases.·General spacing for existing native trees or groups of trees is 30 feet between canopies. This distance may varydepending on the slope, arrangement of trees in relation to slope, and the tree species.Fire Access Road Zone·Extends a minimum of 10 feet from the edge of any public or private road used by fire-fighting resources.·Clear and remove flammable growth for a minimum of 10 feet on each side of Fire Access Roads. (Fire Code 325.10)Additional clearance beyond 10 feet may be required upon inspection.·Fire access roads, driveways and turnarounds shall be maintained in accordance with fire code. Fire Access Roadsshall have unobstructed vertical clearance clear to the sky for a width of 20 feet. (Fire Code 503.2.1)·Remaining plants shall be appropriately spaced and maintained to provide safe egress in wildland fire environments.·All trees, unless otherwise approved, shall be planted far enough from structures and Fire access roads, as to notoverhang any structure or access at maturity.Maintenance·Routine maintenance shall be regularly performed in all zones. Requirements include items in the Fuel ModificationGuidelines and those outlined below:·Removal or thinning of undesirable combustible vegetation and removal of dead or dying plants to meet minimumbrush clearance requirements.·Pruning and thinning to reduce the overall fuel load and continuity of fuels.·Fuel loads shall be reduced by pruning lower branches of trees and tree-form shrubs to 1/3 of their height, or 6 feetfrom lowest hanging branches to the ground, to help prevent fire from spreading and make maintenance easier. Treeswith understory plants should be limbed up at least three times the height of the underlying vegetation or up to onethird the height of the tree, whichever is less, to help prevent fire from spreading upward into the crown.·Accumulated plant litter and dead wood shall be removed. Debris and trimmings produced by maintenance should beremoved from the site or chipped and evenly dispersed in the same area to a maximum depth of 6 inches.·All invasive species and their parts should be removed from the site.·Manual and automatic irrigation systems shall be maintained for operational integrity and programming. Effectivenessshould be regularly evaluated to avoid over or under-watering.·Compliance with the Fire Code is a year-round responsibility. Enforcement will occur following inspection by the FireDepartment. Annual inspections for brush clearance code requirements are conducted following the natural drying ofgrasses and fine fuels, between the months of April and June depending on geographic region. Inspection forcompliance with an approved Fuel Modification Plan may occur at any time of year.·Brush Clearance enforcement issues on adjacent properties should be directed to the County of Los Angeles FireDepartment's Brush Clearance Unit at (626) 969-2375.·All future plantings shall be in accordance with the County of Los Angeles Fire Department Fuel ModificationGuidelines and approved prior to installation. Changes to the approved plan which require an additional plan reviewwill incur a plan review fee.·Questions regarding landscape planting and maintenance with regard to fire safety should be directed to the FireDepartment's Fuel Modification Unit at (626) 969-5205.MITIGATION FOR OAK TREES:QUERCUS AGRIFOLIACOAST LIVE OAKSCALE: 1"=30'015'60'30'EXISTING NON-PROTECTED TREETO BE REMOVEDFUEL MODIFICATION ZONES:PROJECT FUEL MOD. ZONES:EXISTING RESIDENTIAL FUEL MOD. ZONES:FUEL MOD. ZONE AFUEL MOD. ZONE BFUEL MOD. ZONE CFUEL MOD. ZONE AFUEL MOD. ZONE BFUEL MOD. ZONE C7.1.cPacket Pg. 152 D/OD/OD/OD/O D/O D/O D/O665R = 1 0 0 ' R = 1 7 5 'CROOKEDCREEKD R I V E B R E A C A N Y O N C H A N N E LLOT 6LOT 7LOT 4LOT 3LOT 2LOT 1LOT 5Tree Inventory ExhibitCROOKED CREEK AMENDED TENTATIVE TR. 54081DIAMOND BAR - CALIFORNIA7sheet:of 8L ICEN S E DLANDSCAPEARCHITECTSTATEOFCALIFORNI A SignatureB E J A MI NMONTRELLA#5819Renewal DateDate5.31.22N August 17, 2021DATE: AUGUST 17, 2021NorthTREE KEY:EXISTING TREESCALE: 1"=30'015'60'30'7.1.cPacket Pg. 153 D/OD/OD/OD/O D/O D/O D/O665R = 1 0 0 ' R = 1 7 5 'CROOKEDCREEKD R I V E B R E A C A N Y O N C H A N N E LLOT 6LOT 7LOT 4LOT 3LOT 2LOT 1LOT 5Existing Vegetation Communities ExhibitCROOKED CREEK AMENDED TENTATIVE TR. 54081DIAMOND BAR - CALIFORNIA8sheet:of 8L ICEN S E DLANDSCAPEARCHITECTSTATEOFCALIFORNI A SignatureB E J A MI NMONTRELLA#5819Renewal DateDate5.31.22N August 17, 2021DATE: AUGUST 17, 2021NorthVEGETATION COMMUNITY KEY:AVENA - BROMUS HERBACEOUS SEMI-NATURAL ALLIANCEBRASSICA-FORB RUDERAL AREACOAST LIVE OAK WOODLANDJUGLANS CALIFORNIA STANDWALNUT WOODLANDSCALE: 1"=30'015'60'30'7.1.cPacket Pg. 154 Project Status Report CITY OF DIAMOND BAR April 26, 2022 COMMUNITY DEVELOPMENT DEPARTMENT LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING AP = ASSIGNED PLANNER PC = PLANNING COMMISSION CC = CITY COUNCIL PROPERTY LOCATION PLANNING COMMISSION REVIEW File # AP Applicant PC 4/26/22 CC 5/3/22 PC 5/10/22 CC 5/17/22 PC 5/24/22 CC 6/7/22 Crooked Creek (7-unit subdivision) VTTM, DR, CUP, TP PL2017-203 MN New Bridge Homes PH ADMINISTRATIVE REVIEW Property Location AP Applicant 5/5/22 11:30 am Location of Hearing: Diamond Bar City Hall Grand Conference Room 23545 Palomino #F (Alcohol license for beer and wine) MCUP PL2022-18 DK Rockhold Ave LLC for Basil and Co. PH PENDING ITEMS Property Location File # AP Applicant Status 1625 Bears Den Rd. (Addition to single family residence) DR PL2021-01 MN Pete Volbeda Second incomplete letter sent 8/31/21 – waiting for additional information 2020 Brea Canyon Rd. (2-Lot Subdivision) TPM PL2022-07 GL Nathaniel Williams First Incomplete Letter Sent 02/22/22 – waiting for additional information 1198 Chisolm Trail Dr. (New single-family residence) DR PL2021-51 JT/DT Michael Wu First incomplete letter sent 7/21/21 – waiting for additional information 20221 Damietta Dr. (Addition and remodel to single-family residence) DR PL2021-83 MN/ DK Chen Lee Under review 2001 Derringer Ln. (2-lot subdivision) TPM 83036/DR PL2021-46 MN Gurbachan S. Juneja Second incomplete letter sent 3/4/22 – waiting for additional information Gentle Springs Ln. and S. Prospectors Rd. GPA, ZC, VTTM, DR PL2021-23 GL Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information 2234 Indian Creek Rd. (New single-family residence) DR PL2020-159 MN Jeffrey Sun Second incomplete letter sent 9/30/21 – waiting for additional information 22909 Lazy Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-05 JT/DT Walt Patroske Third incomplete letter sent 3/30/21 – waiting for additional information 20948 Moonlake St. (Addition and remodel to single-family residence) DR, MCUP PL2022-23 MN Efrain Coronado Under review 9.1 Packet Pg. 155 Project Status Report CITY OF DIAMOND BAR Page 2 April 26, 2022 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 23121 Ridge Line Rd. (New single-family residence) DR PL2020-31 MN Pete Volbeda Third incomplete letter sent 8/13/21 – waiting for additional information 23712 Ridge Line Rd. (New single-family residence) DR PL2022-01 GL/ DT Peng Jiang Under review Walnut Valley Unified School District (Billboard Ordinance) PL2021-43 GL/ MN WVUSD Under review 9.1 Packet Pg. 156 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, Administrative Coordinator for the City of Diamond Bar, CA, declare as follows: I hereby certify, under penalty of perjury under the laws of the State of California that on April 21, 2022, 1 posted the April 26, 2022, Planning Commission Agenda, pursuant to Government Code Section 54950 et.seq. at the following locations: Diamond Bar City Hall, 21810 Copley Drive SCAQMD/Government Center, 21865 Copley Drive Heritage Park, 2900 Brea Canyon Road Diamond Bar Library, 21800 Copley Drive City website: www.diamondbarca.gov Executed on April 21, 2022, at Diamond Bar, California. Stella Marquez Community Devel ent Dept. g \\s\�I£idnvitposting doc DocuSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 M Gr - State of California —Natural Resources Agency GAVIN NEWSOoverno.5`f r DEPARTMENT OF FISH AND WILDLIFE CHARLTON H. BONHAM, Director , South Coast Region 3883 Ruffin Road'Lir,� u!` San Diego, CA 92123 (858)467-4201 www vvildlife.ca.Rov December 17, 2021 Mayuko Nakajima City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 MNakaiima&diamondbarca.gov Subject: Crooked Creek Residential Subdivision, Mitigated Negative Declaration, SCH #2021110140, City of Diamond Bar, Los Angeles County Dear Ms. Nakajima: The California Department of Fish and Wildlife (CDFW) has reviewed an Initial Study/Mitigated Negative Declaration (MND) from the City of Diamond Bar (City; Lead Agency) for the Crooked Creek Residential Subdivision (Project). The Project is proposed by New Bridge Homes (Project Applicant). Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW's Role CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State [Fish & G. Code, §§ , .7, subdivision (a) & 1802; Pub. Resources Code, § 21070; California Environmental Quality Act (CEQA) Guidelines, § 15386, subdivision (a)]. CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802). Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect State fish and wildlife resources. CDFW is also submitting comments as a Responsible Agency under CEQA (Pub. Resources Code, § 21069; CEQA Guidelines, § 15381). CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code, including lake and streambed alteration regulatory authority (Fish & G. Code, § 1600 of seq.). Likewise, to the extent mplementation of the Project as proposed may result in "take', as defined by State law, of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), or CESA-listed rare plant pursuant to the Native Plant Protection Act (NPPA; Fish & G. Code, § 1900 et seq.), CDFW recommends the Project proponent obtain appropriate authorization under the Fish and Game Code. DocuSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 2 of 23 December 17, 2021 Project Description and Summary Objective: The proposed Project site will be subdivided into nine lots that will each have a designated purpose. The Project proposes the development of seven single-family residences, five attached accessory dwelling units (ADUs), and associated infrastructure on seven designated lots. All residential lots will be separated using a six -foot -high concrete wall and varying wall heights for the sides of the yards. Project activities will also include the construction of retaining walls within the seven residential lots and installment of fences. The proposed development area will encompass approximately 2.5 acres, and 0.6 acres will be utilized for hillside grading and installment of terrace drains and retaining walls. In addition, another lot will be designated for the 43400t-wide southward expansion of Crooked Creek Drive within the Project site. Alongside the road expansion, a 6.5-foot-wide sidewalk will be installed along the western side of Crooked Creek Drive. In the eastern portion of the Project site, the remaining lot will encompass 10.4 acres of retained undeveloped land. Water lines and sewer lines are proposed to be installed beneath the proposed southward expansion of Crooked Creek Drive. The Project site will have three drainage areas. Drainage A will convey storm water in an east to west fashion that will lead to the existing Brea Canyon Channel located west of the Project site. Drainage B will convey storm water in a southeast to northwest fashion to a v-ditch located behind existing residential lots. Drainage C will convey storm water in an east to northwest fashion to an existing v-ditch located behind existing residential lots. Prior to construction, clearing and grubbing of the Project site will include the removal of trees and vegetation. Clearing and grubbing of the proposed developed area will result in removal of 62 trees: 58 southern California black walnut trees and 4 coast live oaks. In addition, trees within the fueling modification zones B and C are subject to thinning and continual fuel modification activities. In total, the Project would include approximately 14,480 cubic yards of cut and 19, 510 cubic yards of fill. Project grading and construction activities are anticipated to commence in 2022 and take place for a duration of 12 to 14 months. Location: The Project is located on a 12.9-acre property at the terminus of Crooked Creek Road, in the City of Diamond Bar, Los Angeles County. The Project site is bounded by residential development to the north, State Route 57 to the west, Running Branch Road to the east, and vacant land to the south. The Assessor's Parcel Number (APN) for the Project is 8714-028-003, Comments and Recommendations CDFW offers the comments and recommendations below to assist the City in adequately avoiding and/or mitigating the Project's impacts on fish and wildlife (biological) resources. CDFW recommends the measures or revisions below be included in a science -based monitoring program that contains adaptive management strategies as part of the Project's CEQA mitigation, monitoring and reporting program (Pub. Resources Code, § 21081.6; CEQA Guidelines, § 15097), DocuSign Envelope ID: 65AD97D0-087C-41E2-A013-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 3 of 23 December 17, 2021 Specific Comments Comment #1: Inadequate disclosure of impacts on sensitive plant communities Issue: CDFW is concerned that sensitive plant communities, including coast live oak (Quercus agrifolia) and southern California black walnut (Juglans californica), are not adequately identified and disclosed in the MND. The mapping and reporting of sensitive plant communities does not follow CDFW protocol. Specific impacts: Table 4.4-1 in the MND reports the vegetation communities, and Table 4.4-2 provides the number of trees within the Project site. Based on Table 4.4-1 in the MND, the Project would impact the following sensitive plant communities within the 12.9-acre Project site. 4.8 acre of S4-ranked Coast Live Oak Woodland 0.4 acre of S3.2-ranked Juglans californica Stand 3.0 acres of Walnut woodland Why impact would occur: The information regarding Juglans californica Stand in Table 4.4-1 does not correlate with Table 4.4-2, Table 4.4-2 reports 58 southern California black walnut trees are within the grading limit. However, Table 4.4-1 indicates there are 0 acres of vegetation mpacts for the Juglans californica Stand and walnut woodland within the grading limit. These discrepancies in the data appears to have a misleading impact assessment that could potentially result in lower mitigation required. CDFW is concerned that the inaccurate disclosure of impacts could result in a net loss of sensitive plant communities. In addition, the MND states that, "...coast live oak woodland would not be designated as a sensitive natural community because CDFW has designated nearly all coast live oak woodland associations with a conservation rank of S4.1." This statement is inaccurate. Although, coast live oak does have a ranking of S4, there are various associations of coast live oak with a rarity ranking of S3. Some associations with a rarity ranking of S3 include Quercus agrifolia — Umbellularia californica, Quercus agrifolia - Salvia mellifera, and Quercus agrifolia — Quercus berberidifolia (CDFW 2021f). Given the fact that some coast live oak associations are rare, CDFW considers coast live oak woodlands a sensitive plant community (CDFW 2021d). The mapping and reporting data presented in the MND does not evaluate coast live oaks at an association level. Therefore, CDFW is unable to determine if rare coast live oak is on the Project site. If the coast live oak woodland on the Project site is rare, the MND as currently presented would not allow CDFW to adequately evaluate impacts on rare oak woodlands. Evidence impact would be significant: CDFW considers plant communities, alliances, and associations with a State ranking of S1, S2, and S3 as sensitive and declining at the local and regional level. An S3 ranking indicates there are 21 to 100 viable occurrences of this community n existence in California, S2 has six to 20 occurrences, and S1 has fewer than six viable occurrences. Additional threat ranks of 0.1 and 0.2 indicate that a plant species is very threatened and threatened respectively (Sawyer et al. 2009). Moreover, oak trees and woodlands are protected by the Oak Woodlands Conservation Act (pursuant under Fish and Game Code sections 1360- 1372) and Public Resources Code section 21083.4 due to the historic and on -going loss of these resources. DocuSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 4 of 23 December 17, 2021 Recommended Potentially Feasible Mitigation Measure(s): Recommendation #1: CDFW recommends the City provide an updated and thorough floristic - based assessment of plant communities, following CDFW's Protocols for Surveying and Evaluating Impacts to Special Status Native Populations and Sensitive Natural Communities (CDFW 2018). CDFW also recommends that all sensitive natural communities should be mapped at the association level for project level maps subject to environmental review (CDFW 2021d). The CEQA document should adequately present the sensitive plant communities through data, mapping, and description of impacts. Recommendation #2: Table 4.4-1 does not distinguish the difference between walnut woodland and Juglans californica Stand. The California Nature Plant Society recognizes walnut woodland as Juglans californica forest and woodland alliance not as separate plant communities (CNPS 2021). Based on the information presented in the MND and plant manual, CDFW recommends the MND be updated to reflect these two vegetation communities as the same. Recommendation #3: CDFW also recommends the City update the Project's final CEQA document to provide updated information as to the Project impacts on the sensitive plant communities. Comment #2: Inadequate mitigation for impacts on sensitive plant communities Issue: Mitigation Measure BIO-4 as it is currently proposed does not provide sufficient mitigation for impacts to coast live oak trees and southern California black walnut trees. In addition, no mitigation was proposed for coast live oak trees and southern California black walnut trees that are indirectly impacted by fuel modification activities. Specific impact: The proposed Project would result in direct removal of 4 coast live oaks and 58 southern California black walnut trees prior to grading activities. Project activities will also result in indirect impacts to coast live oak and southern California black walnut trees within fuel modification zones B and C. Why impacts would occur: The Project would result in 62 coast live oak and southern California black walnut trees being removed from the Project site. Both tree species are considered sensitive plant communities with a rarity ranking of S3.2 for southern California black walnut and S4 (some associations S3) for coast live oak. These species are crucial to the ecosystem at the Project site, and removal of these trees would result in loss of habitat function. Alongside loss of habitat function, removing the trees may potentially result in permanent loss of habitat quality. Project activities would also contribute to temporal loss of habitat for wildlife species that rely on these native plant communities. Fuel modification activities is a continual management activity that will perpetually impact the plant community through continuous thinning of lower limbs, removal of understory, and additional activities. Trees within fuel modification zone B and C would be impacted through the removal of lower limbs and continual fuel modification activities that would reduce its reproductive success. Removal of lower limbs to 36 coast live oak trees and 55 southern California black walnut trees will have an impact on available habitat and resources for wildlife in the area. DocuSign Envelope ID: 65AD97D0-087C-41E2-A013-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 5 of 23 December 17, 2021 Furthermore, the proposed mitigation replacement ratio in the MIND is 3:1 for coast live oak and southern California black walnut trees impacted in the grading limit. The MND does not provide information that demonstrates why a replacement ratio of 3:1 ratio is sufficient for these sensitive plant communities. Although this mitigation ratio meets the minimum requirements per the City ordinance, it is unclear how the proposed replacement ratio is sufficient to offset Project mpacts. With respect to this Project, the following major impacts may occur as a result of Project activities: 1) Impacts on coast live oak woodland that has a rarity rank of S4 with some S3 association. A rank of S3 is defined as a plant community that is "at moderate risk of extirpation in the jurisdiction due to a fairly restricted range, relatively few populations or occurrences, recent and widespread, declines, threats, or other factors" (NatureServe 2021); 2) Impacts on southern California black walnut trees that has a rarity ranking of S3.2. This species is endemic to Southern California and is considered threatened by the additional rarity ranking of 0.2 (Sawyer et al. 2009); 3) Impacts to biodiversity given that southern California black walnut woodland is considered one of the rarest plant communities in southern California (Cal Poly Pomona 2021); 4) Impacts on sensitive plant communities associated with streams (e.g,, Brea Canyon Channel); 5) Impacts on sensitive plant communities that could support sensitive or special status wildlife species [e.g., least Bell vireo (Vireo bellii pusillus)]; 6) Impacts resulting in permanent loss of seed bank or propagules; 7) Impacts on sensitive plant communities that have low recruitment (Sawyer et al. 2009); 8) Impacts associated with temporal loss given the unknown nature of when compensatory mitigation would be implemented; and, 9) Impacts associated with temporal loss given the length of time the mitigation site will be restored to the same habitat quality, value, and function of the impact site. Evidence impacts would be significant: Coast live oak and southern California black walnut trees serve several important ecological functions such as protecting soils from erosion and land sliding; regulating water flow in watersheds; and maintaining water quality in streams and rivers. Oak trees alone provide nesting and perching habitat for approximately 170 species of birds (Griffin and Muick 1990). Oak woodlands also have higher levels of biodiversity than any other terrestrial ecosystem in California (Block et al. 1990). Aside from providing nesting habitat, southern California black walnut trees provide acorns as a food source to a variety of wildlife species. In addition, the southern California black walnut is a species of local significance; a species of limited distribution; and a species that is moderately threatened in California with a rarity ranking of S3.2 (Sawyer et al. 2009), Southern California black walnut trees and California walnut groves meet the definition of endangered, rare, or threatened Species under CEQA (CEQA Guidelines, § 15380). Impacts on southern California black walnut trees and California walnut groves could be significant under CEQA [CEQA Guidelines, §§ 15002(g), 15065, 153820]. Furthermore, these impacted trees within in the grading limit and fuel modification, zones are designated as protected trees per the City of Diamond Bar Tree Preservation and Protection Ordinance (City of Diamond Bar 2019). Currently, both species have a reduce range due to various factors including development and are often vulnerable to environmental effects of projects. DocuSign Envelope ID:(35AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 6 of 23 December 17, 2021 Impacts to sensitive plant communities should be considered significant under CEQA unless they are clearly mitigated below a level of significance. Inadequate or lack of avoidance, minimization, and mitigation measures for impacts to special status plant species, such as oak and walnut, will result in the Project continuing to have a substantial adverse direct, indirect, and cumulative effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CDFW. Recommended Potentially Feasible Mitigation Measure(s): Mitigation Measure #1: CDFW recommends the City provide compensatory mitigation for impacts on individual trees and acres of coast live oak and southern California black walnut within the fueling modification zone and grading area. CDFW recommends the City update the MIND where applicable to clearly state the Project would replant 339 southern California black walnut trees and 120 coast live oak trees. The City should also update the MND where applicable to clearly state the Project would replace impacted acreage at a minimum of 6.3 acres of coast live oak woodland and 0.3 acres of southern California black walnut woodland. Mitigation Measure #2: CDFW recommends modifying Mitigation Measure BIO-4 to include the language underlined and remove language in strikethrough. Mitigation Measure B10-4: Prior to the issuance of a grading permit, a protected tree replacement plan shall be submitted to the City of Diamond Bar for approval. The plan shall demonstrate at least a 3:1 in -kind replacement ratio for individual trees and acres. The total amount of protected trees within the proposed grading limits and fuel modification zones tkrat-includes a-- total -ef 40 coast live oak and 113 southern California black walnut. ^ eoast livp eaks and The Project applicant shall provide a replacement plan that includes at least 42 a minimum of 120 coast live oaks and 4-74 339 southern California black walnuts. The grading limit and fuel modification zones within the Project site include 2.1 acres of coast live oak woodland and 0.1 acre of southern California black walnut woodland The Proiect applicant shall also include replacement for impacted acreage Into the replacement plan. The total replacement for impacted acreage shall Include at minimum 6.3 acres of coast live oak woodland and 0.3 acres of southern California black walnut woodland. The replacement trees and acreage shall include a combination of boxed trees within landscaped areas and seedlings and smaller -sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. If all of the replacement trees cannot be located on the Project site, some replacement trees shall be located off -site at a location approved by the City. The protected tree replacement plan shall also provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. Recommendation: CDFW recommends the final CEQA document include a discussion of how the proposed 3:1 ratio reduces impacts to below a significant level. Specifically, the CEQA document should address how the mitigation ratio accounts for the following impacts: 1) Impacts on coast live oak woodland that has a rarity rank of S4 with some S3 association. A rank of S3 is defined as a plant community that is "at moderate risk of DocuSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 7 of 23 December 17, 2021 extirpation in the jurisdiction due to a fairly restricted range, relatively few populations or occurrences, recent and widespread declines, threats, or other factors" (NatureServe 2021); 2) Impacts on southern California black walnut trees that has a rarity ranking of S3.2. This species is endemic to Southern California and is considered threatened by the additional rarity ranking of 0.2 (Sawyer et al. 2009); 3) Impacts to biodiversity given that southern California black walnut woodland is considered one of the rarest plant communities in southern California (Cal Poly Pomona 2021); 4) Impacts on sensitive plant communities associated with streams (e.g., Brea Canyon Channel); 5) Impacts on sensitive plant communities that could support sensitive or special status wildlife species [e.g., least Bell vireo (Vireo bellii pusillus)]; 6) Impacts resulting in permanent loss of seed bank or propagules; 7) Impacts on sensitive plant communities that have low recruitment (Sawyer et al. 2009); 8) Impacts associated with temporal loss given the unknown nature of when compensatory mitigation would be implemented; and, 9) Impacts associated with temporal loss given the length of time the mitigation site will be restored to the same habitat quality, value, and function of the impact site. Comment #3: Mountain Lion (Puma concolor) Issue: The Project site occurs within the range of mountain lion habitat. However, the MND does not analyze or address impacts to mountain lion habitat. Specific impacts: The Project as proposed may impact the southern California mountain lion population by temporarily and permanently increasing human presence, traffic, and noise. Why impacts would occur: Based on the mountain lion range dataset found in Biogeographic Information and Observation System (BIOS), mountain lion habitat falls within the Project site (CDFW 2021c). In addition, mountain lion presence near the Project site have been recorded on !Naturalist (iNaturalist 2016), Furthermore, the Project will increase human presence (e.g., new development, public trail access), traffic, and noise as well as potential artificial lighting during Project construction and over the life of the Project. Most factors affecting the ability of the southern California mountain lion populations to survive and reproduce are caused by humans (Yap et al. 2019). As California has continued to grow in human population and communities expand into wildland areas, there has been a commensurate increase in direct and indirect interaction between mountain lions and people (CDFW 2013). As a result, the need to relocate or humanely euthanize mountain lions (depredation kills) may increase for public safety. Mountain lions are exceptionally vulnerable to human disturbance (Lucas 2020), Areas of high human activity have lower occupancy of rare carnivores. Mountain lions tend to avoid roads and trials by the mere presence of those features, regardless of how much they are used (Lucas 2020). Increased traffic could cause vehicle strikes. Mountain lions avoid areas with low woody vegetation cover and artificial outdoor lighting (Beier 1995). As human population density increases, the probability of persistence of mountain lions decreases (Woodroffe 2000). Evidence impact would be significant: The mountain lion is a specially protected mammal in the State (Fish and G. Code, § 4800). In addition, on April 21, 2020, the California Fish and Game Commission accepted a petition to list an evolutionarily significant unit (ESU) of mountain DowSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 8 of 23 December 17, 2021 lion in southern and central coastal California as threatened under CESA (CDFW 2020b). As a CESA candidate species, the mountain lion in southern California is granted full protection of a threatened species under CESA. The Project may have significant impacts because no analysis was conducted regarding the direct and indirect, permanent or temporal losses, of habitat for mountain lion. Recommended Potentially Feasible Mitigation Measure(s): Mitigation Measure #1: Due to potential habitat within the Project footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and mobilization, a CDFW-approved biologist knowledgeable of mountain lion species ecology should survey areas that may provide habitat for mountain lion to determine presence/absence and potential for natal dens. Caves and other natural cavities, and thickets in brush and timber provide cover and are used for denning. Females may be in estrus at any time of the year, but in California, most births probably occur in spring. Surveys should be conducted when the species is most likely to be detected, during crepuscular periods at dawn and dusk (Pierce and Bleich 2003). Survey results including negative findings should be submitted to CDFW prior to initiation of Project activities. The survey report should include a map of potential denning sites. The survey report should include measures to avoid impacts to mountain lions that may be in the area as well as dens and cubs, if necessary. Mitigation Measure #2: If potential habitat for natal -dens are identified, CDFW recommends fully avoiding potential impacts to mountain lions, especially during spring, to protect vulnerable cubs. Two weeks prior to Project implementation a CDFW-approved biologist should conduct a survey for mountain lion natal dens. The survey area should include the construction footprint and the area within 2,000 feet (or the limits of the property line) of the Project disturbance boundaries. CDFW should be notified within 24 hours upon location of a natal den. If an active natal den is located, during construction activities, all work should cease. No work should occur within a 2,000-foot buffer from a natal den. A qualified biologist should notify CDFW to determine the appropriate course of action. CDFW should also be consulted to determine an appropriate setback from the natal den that would not adversely affect the successful rearing of the cubs. No construction activities or human intrusion should occur within the established setback until mountain lion cubs have been successfully reared; the mountain lions have left the area; or as determined in consultation with CDFW. Mitigation Measure #3: If "take" or adverse impacts to mountain lion cannot be avoided either during Project construction and over the life of the Project, Project proponent should consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, § 2080 et seq.). Recommendation: CDFW recommends the City evaluate the mountain lion territory size and use of habitat within and surrounding the Project vicinity. The City should analyze the change (Le., increase) in human presence and area of anthropogenic influence that may be in mountain lion habitat and how it may impact mountain lion behavior, reproductive viability, and overall survival success. CDFW recommends the City recirculate the MND with these analyses included. DocuSign Envelope 10: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 9 of 23 December 17, 2021 Comment #4: Least Bell's vireo (Vireo bellii pusillus) Issue: CDFW is concerned that the Project could impact habitat for least bell's vireo, a federal Endangered Species Act (ESA) -listed species. Specific impacts: Direct tree removal, thinning of trees, and construction activities will have an impact on potential breeding and foraging habitat for least Bell's vireo. Why impacts would occur: According to the MND on page 58, least Bell's vireo have been documented within and associated with unlined portions of the Brea Canyon Channel directly southwest of the Project site. Although least Bell's vireo was not observed during field surveys, it is known that vireo utilize adjacent upland habitats that are near riparian habitat (USFWS 1998). Foraging adults have been documented to utilize upland habitat for food resources and potentially nesting habitat. Scientific literature has shown that least Bell's vireos have the capability to nest exclusively in non -riparian habitat (USFWS 1998). Project activities could result in temporary or long-term loss of suitable nesting and foraging habitats Construction during the breeding season of nesting birds could potentially result in the incidental loss of breeding success or otherwise lead to nest abandonment. Noise from road use, generators, and heavy equipment may disrupt vireo mating calls or songs, which could impact reproductive success (Patricelli and Blickley 2006, Halfwerk et al. 2011). Noise has also been shown to reduce the density of nesting birds (Francis et al. 2009), and songbird abundance and density was significantly reduced in areas with high levels of noise (Bayne et al. 2008), Additionally, noise exceeding 70 dB(A) may affect feather and body growth of young birds (Kleist et al. 2018). In addition to construction activities, residential development and increased human presence in the Project site could contribute to vireo impact. Evidence impact would be significant: Consistent with CEQA Guidelines section 15380, the status of vireo as an endangered species pursuant to the ESA (16 U.S.C. § 1531 et seq.) and CESA (Fish & G. Code, § 2050 et seq.) qualifies vireo as an endangered, rare, or threatened species under CEQA. Project impacts may result in substantial adverse effects, either directly or through habitat modifications, on a species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CDFW or USFWS. Recommended Potentially Feasible Mitigation Measure(s): Mitigation Measure #1: Because suitable habitat for vireo is present, CDFW recommends the following be included as a mitigation measure in the MND: Prior to initiation of Project construction and activities within or adjacent to suitable nesting habitat during least Bell's vireo breeding season (March 15 — September 15), a CDFW-approved biologist with experience surveying for least Bell's vireo shall conduct surveys following USFWS established protocols to determine whether breeding and nesting least Bell's vireos are present within 500 feet of the Project site. If least Bell's vireo is present, no construction shall take place from March 15 through September 15. Mitigation Measure #2: If "take" or adverse impacts to least Bell's vireo cannot be avoided either during Project construction and over the life of the Project, the Project proponent should consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, § 2080 et seq.). DocuSign Envelope ID: 65AD97D0-087C-41 E2-AC13-46391 FC78AD4 Mayuko Nakajima City of Diamond Bar Page 10 of 23 December 17, 2021 Comment #5: Tree Diseases, Pests, and Pathogens Issue: Project activities will result in tree removal which may be host for invasive pests and diseases. Specific Impacts: The Project may result in the spread of tree insect pests and diseases into areas not currently exposed to these stressors. This could result in expediting the loss of southern California black walnut and coast live oak trees within and adjacent to the Project site. Loss of trees may result in loss of foraging and perching habitat for mammals, birds, and raptors dependent on California walnut trees and oak woodland habitat within the retained area of the Project site. Why impacts would occur: The Project may remove trees that could host diseases and pests. One such pathogen is sudden oak death. Sudden oak death has become the most common cause of mortality of oak (Quercus genus) and other native trees (Phytosphere 2015). Mortality rates of oak trees are greater than 50 percent in some areas impacted by sudden oak death (Phytosphere 2012). In addition, tree dieback can have cascading impacts on the habitat and ecosystem, particularly avian distribution and abundance (Monahan and Koenig 2006). Diseases such as sudden oak death can spread via equipment and transport of infected material. These fragments can be spread to new locations if equipment and tools are not disinfected or cleaned before moving to the next work location. Infected material that is transported off site for disposal may expose trees and plant communities to pest and disease. This could result in expediting the loss of walnut trees, oak trees, and other native trees and plant communities within and adjacent to a Project area. Evidence impacts would be significant: The Project may have a substantial adverse effect on any sensitive natural communities identified in local or regional plans, policies, and regulations or by the CDFW. The Project may result in a substantial adverse effect, either directly or through habitat modifications, on species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CDFW that are dependent on woodlands susceptible to insect and disease pathogens. Recommended Potentially Feasible Mitigation Measure(s): Mitigation Measure: CDFW recommends that the subsequent CEQA document include a measure to mitigate the spread of invasive pests and diseases by implementing the following: 1) Prior to tree removal, a certified arborist should evaluate trees for infectious tree diseases including but not limited to: sudden oak death (Phytophthora ramorum), thousand canker fungus (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and aoldspotted oak borer (Agrilus auroguttatus) (TCD 2021; UCANR 2021; Phytosphere Research 2012; UCIPM 2013). 2) If a certified arborist determines trees are impacted by infectious pests or diseases, the certified arborist should prepare an Infectious Tree Disease Management Plan or develop a detailed, robust, enforceable, and feasible list of preventative measures. A plan/list should provide measures relevant for each tree pest or disease observed. To avoid the spread of infectious tree pests and diseases, infected trees should not be DocuSign Envelope ID: 65AD97D0-087C-41 E2-AC13-46391 FC78AD4 Mayuko Nakajima City of Diamond Bar Page 11 of 23 December 17, 2021 transported from the Project area without first being treated using best available management practices described Infectious Tree Disease Management Plan or list of preventative measures. 3) If possible, all tree material, especially infected tree material, should be left on site. The material could be chipped for use as ground cover or mulch. Pruning and power tools should be cleaned and disinfected before use to prevent introducing pathogens from known infested areas, and after use to prevent spread of pathogens to new areas. Additional Recommendations Nesting birds. CDFW recommends modifying Mitigation Measure BIO-3 to include the language underlined and remove language in strikethrough: Mitigation Measure 810-3: If removal of onsite trees and vegetation occurs during the non -nesting season (September 16 through December 31), no nesting survey or biological monitor are required. If the removal of onsite trees and vegetation occurs during the nesting season (January 1 through September 15), the Project applicant shall provide the City documentation that a qualified biologist has been retained and would conduct a preconstruction nesting survey no more than 3 days prior to the start of removal activities. The preconstruction nesting surveys shall include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits. If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer around the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no longer active or the nest has failed. A minimum buffer of 300 feet around active passerine (perching birds and sonabirds) nests 500 feet around active raptor nests. and 0.5 mile around active nests of a CESA or Endanaered Species Act listed bird species shall be placed around an active nest. The buffer may be modified (i.e., increased or decreased) and/or other recommendations proposed (e.g., a temporary sound wall) as determined appropriate by the qualified biologist to minimize impacts. The qualified biologist shall monitor the removal of onsite trees and vegetation. Nest buffer distance will be based on species, specific location of the nest, the intensity of construction activities, existing disturbances unrelated to the proposed Project, and other factors as determined by a qualified biologist. If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the work area and areas that are 500 feet from the work area. Lake and Streambed Alteration Program. The proposed Project will convey storm water from Drainage Area A into the Brea Canyon channel. CDFW has concluded that the Project would result in the alteration of streams. As such, CDFW concurs with the Project's proposal to notify CDFW pursuant under Fish and Game Code, section 1600 et seq. The Project applicant (or "entity") must provide notification to CDFW pursuant to Fish and Game Code, section 1600 et DocuSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 12 of 23 December 17, 2021 seq. Based on this notification and other information, CDFW determines whether a Lake and Streambed Alteration (LSA) Agreement with the applicant is required prior to conducting the proposed activities. Please visit CDFW's Lake and Streambed Alteration Program webpage to for information about LSA Notification and online submittal through the Environmental Permit Information Management System (EPIMS) Permitting Portal (CDFW 2020a). CDFW also recommends the LSA Notification should include a hydrology report to evaluate whether altering the streams may impact headwater streams where there is hydrologic connectivity. The hydrology report should also include a scour analysis to demonstrate that stream banks and streambed would not erode as a result of impacts within the Project site. Also, CDFW also requests a hydrological evaluation of the 200, 100, 50, 25, 10, 5, and 2-year frequency storm event for existing and proposed conditions. Data. CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database [i.e., California Natural Diversity Database (CNDDB)] which may be used to make subsequent or supplemental environmental determinations [Pub. Resources Code, § 21003, subd. (a)]. Accordingly, please report any special status species detected by completing and submitting CNDDB Online Field Survey Form (CDFW 2021 e). The City should ensure that the Project applicant has submitted data properly, with all data fields applicable filled out, prior to finalizing/adopting the environmental document. The data entry should also list pending development as a threat and then update this occurrence after impacts have occurred. The Project applicant should provide CDFW with confirmation of data submittal. Mitigation and Monitoring Reporting Plan. CDFW recommends updating the MND's proposed Biological Resources Mitigation Measures to include mitigation measures recommended in this letter. Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally binding instruments [(Pub. Resources Code, § 21081.6; CEQA Guidelines, § 15126.4(a)(2)]. As such, CDFW has provided comments and recommendations to assist the City in developing mitigation measures that are (1) consistent with CEQA Guidelines section 15126.4; (2) specific; (3) detailed (i.e., responsible party, timing, specific actions, location), and (4) clear for a measure to be fully enforceable and implemented successfully via mitigation monitoring and/or reporting program (Pub. Resources Code, § 21081.6; CEQA Guidelines, § 15097). The City is welcome to coordinate with CDFW to further review and refine the Project's mitigation measures. Per Public Resources Code section 21081.6(a)(1), CDFW has provided the City with a summary of our suggested mitigation measures and recommendations in the form of an attached Draft Mitigation and Monitoring Reporting Plan (MMRP; Attachment A). Filing Fees The Project, as proposed, could have an impact on fish and/or wildlife, and assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the City of Diamond Bar and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying project approval to be operative, vested, and final (Cal. Code Regs, tit. 14, § 753.5; Fish & Game Code, § 711.4; Pub. Resources Code, § 21089), DocuSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 13 of 23 December 17, 2021 Conclusion We appreciate the opportunity to comment on the Project to assist the City of Diamond Bar in adequately analyzing and minimizing/mitigating impacts to biological resources. CDFW requests an opportunity to review and comment on any response that the City of Diamond Bar has to our comments and to receive notification of any forthcoming hearing date(s) for the Project [CEQA Guidelines, § 15073(e)]. If you have any questions or comments regarding this letter, please contact Julisa Portugal, Environmental Scientist, at Julisa Portugal(cr wildlife.ca.gov or (562) 330-7563, Sincerely, I0o Si d by BBE5BCFE24724F5... Erinn Wilson-Olgin Environmental Program Manager I South Coast Region ec: CDFW Erinn Wilson-Olgin, Los Alamitos— Erinn Wison-Olginwildlife.ca.gov Victoria Tang, Los Alamitos — Victoria Tang(a)wildlife.ca.gov Ruby Kwan-Davis, Los Alamitos — Ruby. Kwan-Davis(aDwildllfe.Ca.gOV Felicia Silva, Los Alamitos — Felicia Silva6tDwildlife.ca,gov Frederic Rieman, Los Alamitos — Frederic Rieman( a �wildlife.ca.gov Cindy Hailey, San Diego — Cindy Hailey(a)wildlife.ca.gov CEQA Program Coordinator, Sacramento — CEQACorn tLetters()wildlife.ca.gov State Clearinghouse, Office of Planning and Research — State.Clearinghouse@opr.ca.gov References: Bayne, E. M., Habib, L., and S. Boutin. 2008. Impacts of chronic anthropogenic noise from energy -sector activity on abundance of songbirds in the boreal forest. Conservation Biology 22:1186-1193. Beier, P., D. Choate, and R. H. Barrett. 1995. Movement patterns of mountain lions during different behaviors. Journal of Mammalogy 76(4):1056-1070. Block, W.M., Morrison, M.M., Verner, J. 1990. Wildlife and oak -woodland interdependency. Fremontia 18(3):72-76. [Cal Poly Pomona] California State Polytechnic University Pomona. 2021. Walnut Woodland. Available at: https //www cpp edu/—biodiversi!y/communities/walnut-woodland.shtmi. [CDFW] California Department of Fish and Wildlife. 2013, CDFW Departmental Bulletin. Human/Wildlife Interactions in California: Mountain Lion Depredation, Public Safety, and Animal Welfare. Available at: https://nrm dfq ca gov/FileHandler ashx?DocumentlD=68271&inline. [CDFW] California Department of Fish and Wildlife. 2018. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Accessed at: https:Hnrm.dfg.ca.gov/FileHandier.ashx?DocumentlD=l 8959&inline, DocuSign Envelope ID: 65AD97D0-087C-41E2-AG13-46391FG78AD4 Mayuko Nakajima City of Diamond Bar Page 14 of 23 December 17, 2021 [CDFWa] California Department of Fish and Wildlife. 2020. Lake and Streambed Alteration Program. Available at: https://wildlife ca qov/Conservation/LSA. [CDFWb] California Department of Fish and Wildlife. 2020. Notice of Findings - Mountain Lion ESU declared a candidate species. Available at: [CDFWc] California Department of Fish and Wildlife. 2021. Biogeographic Information an Observation System (BIOS). Available at: https://wildlife.ca.gov/Data/BIO [CDFWd] California Department of Fish and -Wildlife.. 2021, Natural Communities. Accessed at: [CDFWe] California Department of Fish and Wildlife. 2021. Submitting Data to the CNDDB. Available at: https://wildIife.ca.gov/Data/CNDDB/Submitting-Data, [CDFWf] California Department of Fish and Wildlife. 2021. California Natural Community List. Available at: https Hnrm dfq.ca.gov/File Handler, ashx? Documentl D= 1 53398&i nline. [CNPS] California Nature Plant Society A Manual of California Vegetation Online. 2021. Juglans California Forest and Woodland Alliance. Available at: htti)s://vegetation.cnps.org/alliance/33, City of Diamond Bar. 2019a. Tree Preservation and Protection Diamond Bar Municipal Code, Title 22. Article III, Chapter 22.38, Available at: http•//file lacounty qov/SDSInter/acwm/216008 Diamond BarMC.pdf. Francis, C.D., Ortega, C.P., and A. Cruz. 2009. Noise pollution changes avian communities and species interactions. Current Biology 19:1415-1419. [USFWS] Fish and Wildlife Service.1998. Draft recovery plan for the least Bell's vireo. U.S. Fish and Wildlife Service, Portland, OR. 139 pp. Griffin and Muick. 1990. California Native Oaks: Past and Present. Fremontia 18(3): 4-12, Halfwerk, W., Holleman, L.J.M., Lessells, Ck.M., Slabbekoorn, H. 2011. Negative impact of traffic noise on avian reproductive success. Journal of Applied Ecology 48:210-219. iNaturalist. 2016. Mountain Lion (Puma concolor). Available at: httl2s://www.inaturalist.org/observations/3499228. Kleist, N. J., R. P. Guralnick, A. Cruz, C. A. Lowry, and C. D. Francis, 2018. Chronic anthropogenic noise disrupts glucocorticoid signaling and has multiple effects on fitness in an avian community. Proceedings of the National Academy of Sciences 115: E648— E657. Lucas, E. 2020. Recreation -related disturbance to wildlife in California — better planning for and management of recreation are vital to conserve wildlife in protected areas where recreation occurs. California Fish and Wildlife, Recreation Special Issue 2020: 29-51, Monahan, W.B. and W.D. Koenig. Estimating the potential effects of sudden oak death on oak dependent birds. Biological Conservation 127:146-157. NatureServe. 2021. Conservation Status Assessment Identifying Threatened Species and Ecosystems. Available from: https://www natureserve orq/conservationtools/conservation-status-assessment. Patricelli, G., and J.J.L. Blickley. 2006. Avian communication in urban noise: causes and consequences of vocal adjustment. Auk 123:639-649. Phytosphere Research. 2015. Phytophthora in nursery stock and restoration plantings. Accessed at: http //photosphere com/soilphytophthora/Issues implications Phytophthora container st ock.htm. DocuSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 15 of 23 December 17, 2021 Phytosphere Research, 2012, Understanding and Managing Sudden Oak Death in California. Accessed at: http•//phytosphere com/SODmgtPUB/pg6Sidebar1-1SODmgntpub.htm. Pierce, B. M., and Bleich V.C. 2003. Mountain Lion. Accessed at: https://www.researchgate,net/publication/284561468 Mountain lion. Sawyer, J. O., Keeler -Wolf, T., and Evens J.M. 2009. A Manual of California Vegetation, 2nd ed. ISBN 978-0-943460-49-9. [TCD] Thousand Cankers Disease. 2020. What is Thousand Cankers? Accessed at: http://thousandcankers.com/. [UCANR] University of California Agriculture and Natural Resources Division. 2020. Invasive Shot Hole Borers. Accessed at: https://ucanr.edu/sites/pshb/. [UCIPM] University of California Statewide Integrated Pest Management Program, 2013, How to Manage Pests. Pests in Gardens and landscapes. Goldspottted Oak Borer. Accessed at, http://ipm.ucanr.edu/PMG/PESTNOTES/Ipn74163,htmi, Woodroffe, R. 2000. Predators and people: using human densities to interpret declines of large carnivores. Animal Conservation 3:165-173. Yap, T., Cummings, B., and J.P. Rose. 2019. A Petition to List the Southern California/Central Coast Evolutionarily Significant Unit (ESU) of Mountain Lions as Threatened under the California Endangered Species Act (CESA). Available from: https://nrm dfg ca gov/FileHandler ashx?DocumentlD=171208&inline, • O �LLd 3 ua m CON m � U ° 0.0 U a U Em U EaQ Ci ya Em > O C n .N E N. C U C 7 U N ° q- U °' Ol `- O Q -°° p0 OLLI N O m .� j_ aU aU a.N U M ° N O> a) CJ M O .O p M M -p (D a) Y mom > W Mi - N co c c a o U E N N - m ° N M Q Z C N C O O_ U .,T. 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L o-p@ OOp_ O O@ a) o T a o m ~ 'p U 3a L LC N Z N CNE '@O O)o C 7OoQ i O p . c) C O C pa L ) OE ') E N a . p U) 7 Q U) n E o o U E o. _ a o � to n U U � w CROOKED CREEK RESIDENTIAL SUBDIVISION Response to Comments on Public Review Draft Initial Study/Mitigated Negative Declaration Prepared for City of Diamond Bar Planning Division 21810 Copley Drive Diamond Bar, CA 91765 April 2022 r ESA J CROOKED CREEK RESIDENTIAL SUBDIVISION Response to Comments on Public Review Draft Initial Study/Mitigated Negative Declaration Prepared for City of Diamond Bar Planning Division 21810 Copley Drive Diamond Bar, CA 91765 Mayuko Nakajima Associate Planner 909-839-7033 MNakajima@DiamondBarCA.gov 16755 Von Karmen Avenue Sui[e 200 Irvine, CA 92606 949.753.7001 esassoc.com Bend Orlando San Jose Camarillo Pasadena Sarasota Delray Beach Petaluma Seattle Death Portland Tampa Irvine Sacramento Los Angeles San Diego Oakland San Francisco Apri12022 ESA OUR COMMITMENT TO SUSTAINABILITY � ESA helps a variety of public and private sector clients plan antl prepare (or climate change and merging regulations that Ilmit GHG emissions. ESA is a registered ssor with the California Climate Action Registry, a Climate Leader, end founding reporter for the Climate Registry. ESA is also a corporate ember of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally. ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled Paper. TABLE OF CONTENTS Crooked Creek Residential Subdivision: Response to Comments on Public Review Draft Initial Study/Mitigated Negative Declaration 1.0 Introduction......................................................................... 1.1 CEQA Requirements...,.,.",',, 1.2 CEQA Process............................................................. 2.0 Comment Letters................................................................ 3.0 Responses to Comments ................................................... 4.0 Errata................................................................................... 5.0 Mitigation Monitoring and Reporting Program ................. Attachment A: Los Angeles County Fire Department Correspondence ..............4-1 ...........1115-1 Crooked Creek Resitlential Subtlivision I ESA I201800195.00 Response to Comments on Public Review Drag April 2022 Initial SWtly I Mitigaletl Negative Declaration This page intentionally left blank Crooked Creek Residential Subdivision II ESA / 207800795.00 Response to Comments on Public Review Drofl Apd12022 Initial SWtly/Mitigated Negative Declaration CHAPTER 1 Introduction This Response to Comments document was prepared to respond to comments that were received on the Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Draft IS/MND). The Final Initial Study/Mitigated Negative Declaration (Final IS/MND) consists of the Public Review Draft IS/MND and this Response to Comments document. The Final IS/MND has been prepared in accordance with the California Environmental Quality Act (CEQA) as amended (Public Resources Code Section 21000 et seq.) and CEQA Guidelines (California Administrative Code Section 15000 et seq.). Documents relating to this Final IS/MND were cited and incorporated. All documents are available for review at the City of Diamond Bar website: www.diamondbarca.gov/crookedcreeksubdivision. 1.1 CEQA Requirements Before the City of Diamond Bar may approve the project, it must certify that the Final IS/MND: a) has been completed in compliance with CEQA; b) was presented to the Diamond Bar City Council who reviewed and considered it prior to approving the project; and c) reflects the City's independent judgment and analysis. CEQA Guidelines Section 15074 states that prior to approving a project, the decision -making body of the lead agency shall consider the proposed mitigated negative declaration together with any comments received during the public review process. Therefore, the decision making body will be considering the following documents that constitute the Final IS/MND prior to making a decision on the project. • The Public Review Draft IS/MND • Response to Comment Document which includes: - Comments and recommendations received on the Public Review Draft IS/MND; - A list of persons, organizations, and public agencies commenting on the Public Review Draft IS/MND; - The response of the Lead Agency to substantive environmental points raised in the review and consultation process. Crooked Creek Reslden0al5ubdlvislon �-� ESA / 207500795.00 Response to Comments on Public Review Graft AprI12022 Initial Study/ Mitigated NegaOve Declaration 1. Introdudon This Response to Comments document for the Crooked Creek Residential Subdivision presents the following chapters: • Chapter 1: Introduction — this chapter incudes an introduction to the Response to Comments and the CEQA process and requirements • Chapter 2: Comment Letters — this chapter includes a list of persons, organizations, and public agencies commenting on the Public Review Draft IS/MND • Chapter 3: Response to Comments — this chapter includes the written comments received on the Public Review Draft IS/MND as well as the written responses to each comment • Chapter 4: Errata — this chapter includes any revisions made to the Public Review Draft IS/MND in response to comments received or initiated by the Lead Agency • Chapter 5: Mitigation and Monitoring Program (MMRP) — this chapter includes a list of the mitigation measures and identification of the responsible implementation agency, monitoring phase, enforcement agency, and monitoring agency for each mitigation measure 1.2 CEQA Process Public Participation Process Notice of Intent of the Public Review Draft IS/MND The Notice of Intent (NOI) of the Public Review Draft IS/MND was posted on November 10, 2021 with the County Clerk in Los Angeles County. The Public Review Draft IS/MND was circulated for a 40-day public review until December 20, 2021. This review period was extended for more than the 30-day public review period requirement that is provided in accordance with CEQA Guidelines Section 15105(b) due to the Thanksgiving holiday. The Public Review Draft IS/MND was circulated to state and local agencies and interested parties requesting a copy of the Public Review Draft IS/MND. Copies of the Public Review Draft IS/MND were made available for review at the City of Diamond Bar website: www.diamondbarca.gov/crookedcreeksubdivision. Evaluation and Response to Comments In accordance with Article 6 of the CEQA Guidelines, the City of Diamond Bar, as the Lead Agency, was required to evaluate substantive environmental comments received on the Public Review Draft IS/MND. This Response to Comments document provides written responses to each comment received on the Public Review Draft IS/MND. Crooked Creek Residential Subdivision t-2 ESA / 207800195.00 Response to Comments on Public Review Dreft April 2022 Initial SWtly / Mitigaletl Negative Declaration 1. InVaduction Final IS/MND Approval As the Lead Agency, the City of Diamond Bar is required to determine the adequacy of the Final IS/MND (Public Review Draft IS/MND and Response to Comments). The City can adopt the Final IS/MND if they find on the basis of the whole record before it (including the Public Review Draft IS/MND and Response to Comments) that there is no substantial evidence that the project will have a significant effect on the environment and that the Final IS/MND reflects the City's independent judgment and analysis. Notice of Determination Pursuant to Section 15094 of the CEQA Guidelines, the City of Diamond Bar will file a Notice of Determination (NOD) with the Los Angeles County Clerk within five working days of project approval. Crooked Creek Residen0al SubdNlsion �-3 ESA / 201500195.00 Response to Comments on Public Review Draft Apd12022 Initial Study/ Mitigated Negative Declaration 1. Introdudon This page intentionally left blank Crooked Creek Residential Subdivision �-4 ESA / 207500195.00 Response to Comments on Public Review Oraft Apd12022 Initial Stutly /Mitigated Negative �eclaralion CHAPTER 2 Comment Letters The Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Drag IS/MND) for the Crooked Creek Residential Subdivision was circulated for public review for 40 days (November 10, 2021 through December 20, 2021). The City of Diamond Bar received seven comment letters from public agencies and organizations during the public review period, as listed in the table below. Each comment letter has been assigned an alphabetical designation (A through 3). Each comment within each letter has been assigned a numerical designation so that each comment could be cross-referenced with an individual response. The comments and responses are provided in Chapter 3. COMMENT LETTERS RECEIVED Comment No. Commenting Agency Date of Comment A California Department of Fish and Wildlife 12/17/2021 B County of Los Angeles Department of Parks and Recreation 11/23/2021 C County of Los Angeles Fire Department 12/06/2021 D Los Angeles County Sanitation District 12/15/2021 E Responsible Land Use 12/20/2021 F Diamond Bar —Pomona Valley Sierra Club Task Force 12/20/2021 G Sierra Club Angeles Chapter 12/20/2021 Creoketl Creek Resitlential Subtlivision 2-1 ESA / 201a00195.00 Response to Comments on Public Review Drafl April 2022 Initial SWdy/ Mitigated Negative Declaration 2. Comment Letters This page intentionally left blank Crooked Creek Resldenllal Subdivlslon 2-2 ESA / 207800195.00 Response to Comments on Public Review DraO April 2022 InNal SWdy / Mitigated Negative Declaration CHAPTER 3 Responses to Comments Following are the comment letters and the written responses to each of the comments that were received during the public review period of the Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Draft IS/MND). In some instances, in response to the comment, the City of Diamond Bar has made additions or deletions to the text of the Public Review Draft IS/MND; additions are included as underlined text and deletions are shown as stricken text. Crooked Creek Residentlel Subdlvlsion $-t ESA(207500195.00 Response to Comments on Public Revlew Draft Apol 2022 InRlal SWtly / Mitigatetl Negative Oeclara0on DocuSign Envelope ID: 65AD97D0-087C41 E2-AC1346391 FC78AD4 Comment Letter A State of California— Natural Resources Agency GAVIN NEWSOM, Governor """ DEPARTMENT OF FISH AND WILDLIFE CHARLTONH. BONHAM, Director South Coast Region 3883 Ruffin Road San Diego, CA 92123 1858)467-4201 www.wildlife,ca.gov December 17, 2021 Mayuko Nakajima City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 M Nakai ima(a)diamond barca.00v Subject: Crooked Creek Residential Subdivision, Mitigated Negative Declaration, SCH #2021110140, City of Diamond Bar, Los Angeles County Dear Ms. Nakajima: The California Department of Fish and Wildlife (CDFW) has reviewed an Initial Study/Mitigated Negative Declaration (MND) from the City of Diamond Bar (City; Lead Agency) for the Crooked Creek Residential Subdivision (Project). The Project is proposed by New Bridge Homes (Project Applicant). Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW's Role CDFW is California's Trustee Agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the State [Fish & G. Code, §§ 711.71 subdivision (a) & 1802; Pub. Resources Code, § 21070; California Environmental Quality Act (CEQA) Guidelines, § 15386, subdivision (a)]. CDFW, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Id., § 1802), Similarly, for purposes of CEQA, CDFW is charged by law to provide, as available, biological expertise during public agency environmental review efforts, focusing specifically on projects and related activities that have the potential to adversely affect State fish and wildlife resources. CDFW is also submitting comments as a Responsible Agency under CEQA (Pub. Resources Code, § 21069; CEQA Guidelines, § 15381). CDFW expects that it may need to exercise regulatory authority as provided by the Fish and Game Code, including lake and streambed alteration regulatory authority (Fish & G. Code, § 1600 et seq.). Likewise, to the extent implementation of the Project as proposed may result in "take", as defined by State law, of any species protected under the California Endangered Species Act (CESA) (Fish & G. Code, § 2050 et seq.), or CESA-listed rare plant pursuant to the Native Plant Protection Act (NPPA; Fish & G. Code, § 1900 et seq.), CDFW recommends the Project proponent obtain appropriate authorization under the Fish and Game Code. A-1 DocuSign Envelope ID: 65AD97130-087G-01 E2-AG13-46391 FG78AD4 Mayuko Nakajima City of Diamond Bar Page 2 of 23 December 17, 2021 Project Description and Summary Objective: The proposed Project site will be subdivided into nine lots that will each have a designated purpose. The Project proposes the development of seven single-family residences, five attached accessory dwelling units (ADUs), and associated infrastructure on seven designated lots. All residential lots will be separated using a six -foot -high concrete wall and varying wall heights for the sides of the yards. Project activities will also include the construction of retaining walls within the seven residential lots and installment of fences. The proposed development area will encompass approximately 2.5 acres, and 0.6 acres will be utilized for hillside grading and installment of terrace drains and retaining walls. In addition, another lot will be designated for the 43-foot-wide southward expansion of Crooked Creek Drive within the Project site. Alongside the road expansion, a 6.5-foot-wide sidewalk will be installed along the western side of Crooked Creek Drive. In the eastern portion of the Project site, the remaining lot will encompass 10.4 acres of retained undeveloped land. Water lines and sewer lines are proposed to be installed beneath the proposed southward expansion of Crooked Creek Drive, The Project site will have three drainage areas. Drainage A will convey storm water in an east to west fashion that will lead to the existing Brea Canyon Channel located west of the Project site. Drainage B will convey storm water in a southeast to northwest fashion to a v-ditch located behind existing residential lots. Drainage C will convey storm water in an east to northwest fashion to an existing v-ditch located behind existing residential lots. Prior to construction, clearing and grubbing of the Project site will include the removal of trees and vegetation. Clearing and grubbing of the proposed developed area will result in removal of 62 trees: 58 southern California black walnut trees and 4 coast live oaks. In addition, trees within the fueling modification zones B and C are subject to thinning and continual fuel modification activities. In total, the Project would include approximately 14,480 cubic yards of cut and 19, 510 cubic yards of fill. Project grading and construction activities are anticipated to commence in 2022 and take place for a duration of 12 to 14 months. Location: The Project is located on a 12.9-acre property at the terminus of Crooked Creek Road, in the City of Diamond Bar, Los Angeles County. The Project site is bounded by residential development to the north, State Route 57 to the west, Running Branch Road to the east, and vacant land to the south. The Assessor's Parcel Number (APN) for the Project is 8714-028=003. Comments and Recommendations CDFW offers the comments and recommendations below to assist the City in adequately avoiding and/or mitigating the Project's impacts on fish and wildlife (biological) resources. CDFW recommends the measures or revisions below be included in a science -based monitoring program that contains adaptive management strategies as part of the Project's CEQA mitigation, monitoring and reporting program (Pub. Resources Code, § 21081.6; CEQA Guidelines, § 15097), A-1 (Cont) DocuSlgn Envelope ID: 65AD97D0-087C-41 E2-AC13-46391 FC78AD4 Mayuko Nakajima City of Diamond Bar Page 3 of 23 December 17, 2021 Specific Comments Comment #1: Inadequate disclosure of impacts on sensitive plant communities Issue: CDFW is concerned that sensitive plant communities, including coast live oak (Quercus agrifolia) and southern California black walnut (Juglans californica), are not adequately identified and disclosed in the MND. The mapping and reporting of sensitive plant communities does not follow CDFW protocol. Specific impacts: Table 4.4-1 in the MND reports the vegetation communities, and Table 4.4-2 provides the number of trees within the Project site. Based on Table 4.4-1 in the MND, the Project would impact the following sensitive plant communities within the 12.9-acre Project site. • 4.8 acre of S4-ranked Coast Live Oak Woodland • 0.4 acre of S3.2-ranked Juglans californica Stand • 3.0 acres of Walnut woodland Why impact would occur: The information regarding Juglans californica Stand in Table 4.4-1 does not correlate with Table 4.4-2. Table 4.4-2 reports 58 southern California black walnut trees are within the grading limit. However, Table 4.4-1 indicates there are 0 acres of vegetation impacts for the Juglans californica Stand and walnut woodland within the grading limit. These discrepancies in the data appears to have a misleading impact assessment that could potentially result in lower mitigation required. CDFW is concerned that the inaccurate disclosure of impacts could result in a net loss of sensitive plant communities. In addition, the MND states that, "...coast live oak woodland would not be designated as a sensitive natural community because CDFW has designated nearly all coast live oak woodland associations with a conservation rank of S4..." This statement is inaccurate. Although, coast live oak does have a ranking of S4, there are various associations of coast live oak with a rarity ranking of S3. Some associations with a rarity ranking of S3 include Quercus agrifolia — Umbellularia californica, Quercus agrifolia - Salvia mellifera, and Quercus agrifolia — Quercus berberidifolia (CDFW 2021f). Given the fact that some coast live oak associations are rare, CDFW considers coast live oak woodlands a sensitive plant community (CDFW 2021d). The mapping and reporting data presented in the MND does not evaluate coast live oaks at an association level. Therefore, CDFW is unable to determine if rare coast live oak is on the Project site. If the coast live oak woodland on the Project site is rare, the MND as currently presented would not allow CDFW to adequately evaluate impacts on rare oak woodlands. Evidence impact would be significant: CDFW considers plant communities, alliances, and associations with a State ranking of S1, S2, and S3 as sensitive and declining at the local and regional level. An S3 ranking indicates there are 21 to 100 viable occurrences of this community in existence in California, S2 has six to 20 occurrences, and S1 has fewer than six viable occurrences. Additional threat ranks of 0.1 and 0.2 indicate that a plant species is very threatened and threatened respectively (Sawyer et al. 2009). Moreover, oak trees and woodlands are protected by the Oak Woodlands Conservation Act (pursuant under Fish and Game Code sections 1360- 1372) and Public Resources Code section 21083.4 due to the historic and on -going loss of these resources. A-2 A-3 DocuSign Envelope ID: 65AD97D0-087C41 E2-AC13-46391 FC78AD4 Mayuko Nakajima City of Diamond Bar Page 4 of 23 December 17.2021 Recommended Potentially Feasible Mitigation Measure(s): Recommendation #1: CDFW recommends the City provide an updated and thorough floristic - based assessment of plant communities, following CDFW's Protocols for Surveying and (CDFW 2018). CDFW also recommends that all sensitive natural communities should be mapped at the association level for project level maps subject to environmental review (CDFW 2021d). The CEQA document should adequately present the sensitive plant communities through data, mapping, and description of impacts. Recommendation #2: Table 4.4-1 does not distinguish the difference between walnut woodland and Juglans californica Stand. The California Nature Plant Society recognizes walnut woodland as Juglans californica forest and woodland alliance not as separate plant communities (CNPS 2021). Based on the information presented in the MND and plant manual, CDFW recommends the MND be updated to reflect these two vegetation communities as the same. Recommendation #3: CDFW also recommends the City update the Project's final CEQA document to provide updated information as to the Project impacts on the sensitive plant communities. Comment #2: Inadequate mitigation for impacts on sensitive plant communities Issue: Mitigation Measure BIO-4 as it is currently proposed does not provide sufficient mitigation for impacts to coast live oak trees and southern California black walnut trees. In addition, no mitigation was proposed for coast live oak trees and southern California black walnut trees that are indirectly impacted by fuel modification activities. Specific impact: The proposed Project would result in direct removal of 4 coast live oaks and 58 southern California black walnut trees prior to grading activities. Project activities will also result in indirect impacts to coast live oak and southern California black walnut trees within fuel modification zones B and C. Why impacts would occur: The Project would result in 62 coast live oak and southern California black walnut trees being removed from the Project site. Both tree species are considered sensitive plant communities with a rarity ranking of S3.2 for southern California black walnut and S4 (some associations S3) for coast live oak. These species are crucial to the ecosystem at the Project site, and removal of these trees would result in loss of habitat function. Alongside loss of habitat function, removing the trees may potentially result in permanent loss of habitat quality. Project activities would also contribute to temporal loss of habitat for wildlife species that rely on these native plant communities. Fuel modification activities is a continual management activity that will perpetually impact the plant community through continuous thinning of lower limbs, removal of understory, and additional activities. Trees within fuel modification zone B and C would be impacted through the removal of lower limbs and continual fuel modification activities that would reduce its reproductive success. Removal of lower limbs to 36 coast live oak trees and 55 southern California black walnut trees will have an impact on available habitat and resources for wildlife in the area. A-5 DocuSign Envelope ID: 65AD97DO-087C41E2-AC1346391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 5 of 23 December 17, 2021 Furthermore, the proposed mitigation replacement ratio in the MND is 3:1 for coast live oak and southern California black walnut trees impacted in the grading limit. The MND does not provide information that demonstrates why a replacement ratio of 3:1 ratio is sufficient for these sensitive plant communities. Although this mitigation ratio meets the minimum requirements per the City ordinance, it is unclear how the proposed replacement ratio is sufficient to offset Project impacts. With respect to this Project, the following major impacts may occur as a result of Project activities: 1) Impacts on coast live oak woodland that has a rarity rank of S4 with some S3 association. A rank of S3 is defined as a plant community that is "at moderate risk of extirpation in the jurisdiction due to a fairly restricted range, relatively few populations or occurrences, recent and widespread declines, threats, or other factors" (NatureServe 2021); 2) Impacts on southern California black walnut trees that has a rarity ranking of S3.2. This species is endemic to Southern California and is considered threatened by the additional rarity ranking of 0.2 (Sawyer et al. 2009); 3) Impacts to biodiversity given that southern California black walnut woodland is considered one of the rarest plant communities in southern California (Cal Poly Pomona 2021); 4) Impacts on sensitive plant communities associated with streams (e.g,, Brea Canyon Channel); 5) Impacts on sensitive plant communities that could support sensitive or special status wildlife species [e.g., least Bell's vireo (Vireo bellii puslllus)]; 6) Impacts resulting in permanent loss of seed bank or propagules; 7) Impacts on sensitive plant communities that have low recruitment (Sawyer et al. 2009); 8) Impacts associated with temporal loss given the unknown nature of when compensatory mitigation would be implemented; and, 9) Impacts associated with temporal loss given the length of time the mitigation site will be restored to the same habitat quality, value, and function of the impact site. Evidence impacts would be significant: Coast live oak and southern California black walnut trees serve several important ecological functions such as protecting soils from erosion and land sliding; regulating water flow in watersheds; and maintaining water quality in streams and rivers. Oak trees alone provide nesting and perching habitat for approximately 170 species of birds (Griffin and Muick 1990). Oak woodlands also have higher levels of biodiversity than any other terrestrial ecosystem in California (Block et al. 1990). Aside from providing nesting habitat, southern California black walnut trees provide acorns as a food source to a variety of wildlife species. In addition, the southern California black walnut is a species of local significance; a species of limited distribution; and a species that is moderately threatened in California with a rarity ranking of S3.2 (Sawyer et al. 2009). Southern California black walnut trees and California walnut groves meet the definition of endangered, rare, or threatened Species under CEQA (CEQA Guidelines, § 15380). Impacts on southern California black walnut trees and California walnut groves could be significant under CEQA [CEQA Guidelines, §§ 15002(g), 15065, 153820]. Furthermore, these impacted trees within in the grading limit and fuel modification zones are designated as protected trees per the City of Diamond Bar Tree Preservation and Protection Ordinance (City of Diamond Bar 2019). Currently, both species have a reduce range due to various factors including development and are often vulnerable to environmental effects of projects. A-6 A-7 DocuSign Envelope ID: 65AD97DM87G-41 E2-AG13-46391 FG78AD4 Mayuko Nakajima City of Diamond Bar Page 6 of 23 December 17, 2021 Impacts to sensitive plant communities should be considered significant under CEQA unless they are clearly mitigated below a level of significance. Inadequate or lack of avoidance, A-7 minimization, and mitigation measures for impacts to special status plant species, such as oak (Cont) and walnut, will result in the Project continuing to have a substantial adverse direct, indirect, and cumulative effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CDFW. Recommended Potentially Feasible Mitigation Measure(s): Mitigation Measure #1: CDFW recommends the City provide compensatory mitigation for impacts on individual trees and acres of coast live oak and southern California black walnut within the fueling modification zone and grading area. CDFW recommends the City update the A-8 MND where applicable to clearly state the Project would replant 339 southern California black walnut trees and 120 coast live oak trees. The City should also update the MND where applicable to clearly state the Project would replace impacted acreage at a minimum of 6.3 acres of coast live oak woodland and 0.3 acres of southern California black walnut woodland. Mitigation Measure #2: CDFW recommends modifying Mitigation Measure BIO-4 to include the language underlined and remove language in strikethrough. Mitigation Measure 131O4: Prior to the issuance of a grading permit, a protected tree replacement plan shall be submitted to the City of Diamond Bar for approval. The plan shall demonstrate at least a 3:1 in -kind replacement ratio for individual trees and acres. The total amount of protected trees within the proposed grading limits and fuel modification zones #et -includes a tntgl 40 coast live oak and 113 southern California black walnut. ^ Geast l� vex ^mks ands The Project applicant shall provide a replacement plan that includes at leamc-ro� 2 a minimum of 120 coast live oaks and 4-7-4 339 southern California black walnuts. The aradina limit and fuel modification zones within the Project site include 2.1 acres of coast live oak A-9 woodland and 0.1 acre of southern California black walnut woodland. The Project applicant shall also include replacement for impacted acreaae into the replacement plan. The total replacement for impacted acreaae shall include at minimum 6.3 acres of coast live oak woodland and 0.3 acres of southern California black walnut woodland. The replacement trees and acreaae shall include a combination of boxed trees within landscaped areas and seedlings and smaller -sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. If all of the replacement trees cannot be located on the Project site, some replacement trees shall be located off -site at a location approved by the City. The protected tree replacement plan shall also provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. Recommendation: CDFW recommends the final CEQA document include a discussion of how the proposed 3:1 ratio reduces impacts to below a significant level. Specifically, the CEQA document should address how the mitigation ratio accounts for the following impacts: A-10 1) Impacts on coast live oak woodland that has a rarity rank of S4 with some S3 association. A rank of S3 is defined as a plant community that is "at moderate risk of DocuSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 7 of 23 December 17, 2021 extirpation in the jurisdiction due to a fairly restricted range, relatively few populations or occurrences, recent and widespread declines, threats, or other factors" (NatureServe 2021); 2) Impacts on southern California black walnut trees that has a rarity ranking of S3.2. This species is endemic to Southern California and is considered threatened by the additional rarity ranking of 0.2 (Sawyer et al. 2009); 3) Impacts to biodiversity given that southern California black walnut woodland is considered one of the rarest plant communities in southern California (Cal Poly Pomona 2021); 4) Impacts on sensitive plant communities associated with streams (e.g., Brea Canyon Channel); 5) Impacts on sensitive plant communities that could support sensitive or special status wildlife species [e.g., least Bell's vireo (Vireo bellii pusillus)]; 6) Impacts resulting in permanent loss of seed bank or propagules; 7) Impacts on sensitive plant communities that have low recruitment (Sawyer et al. 2009); 8) Impacts associated with temporal loss given the unknown nature of when compensatory mitigation would be implemented; and, 9) Impacts associated with temporal loss given the length of time the mitigation site will be restored to the same habitat quality, value, and function of the impact site. Comment #3: Mountain Lion (Puma conco/or) Issue: The Project site occurs within the range of mountain lion habitat. However, the MND does not analyze or address impacts to mountain lion habitat. Specific impacts: The Project as proposed may impact the southern California mountain lion population by temporarily and permanently increasing human presence, traffic, and noise. Why impacts would occur: Based on the mountain lion range dataset found in Biogeographic Information and Observation System (BIOS), mountain lion habitat falls within the Project site (CDFW 2021c). In addition, mountain lion presence near the Project site have been recorded on iNaturalist (iNaturalist 2016). Furthermore, the Project will increase human presence (e.g., new development, public trail access), traffic, and noise as well as potential artificial lighting during Project construction and over the life of the Project. Most factors affecting the ability of the southern California mountain lion populations to survive and reproduce are caused by humans (Yap et al. 2019). As California has continued to grow in human population and communities expand into wildland areas, there has been a commensurate increase in direct and indirect interaction between mountain lions and people (CDFW 2013). As a result, the need to relocate or humanely euthanize mountain lions (depredation kills) may increase for public safety. Mountain lions are exceptionally vulnerable to human disturbance (Lucas 2020). Areas of high human activity have lower occupancy of rare carnivores. Mountain lions tend to avoid roads and trials by the mere presence of those features, regardless of how much they are used (Lucas 2020). Increased traffic could cause vehicle strikes. Mountain lions avoid areas with low woody vegetation cover and artificial outdoor lighting (Beier 1995). As human population density increases, the probability of persistence of mountain lions decreases (Woodroffe 2000), Evidence impact would be significant: The mountain lion is a specially protected mammal in the State (Fish and G. Code, § 4800). In addition, on April 21, 2020, the California Fish and Game Commission accepted a petition to list an evolutionarily significant unit (ESu) of mountain A-10 (Cont) DocuSign Envelope 10: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 8 of 23 December 17, 2021 lion in southern and central coastal California as threatened under CESA (CDFW 2020b). As a CESA candidate species, the mountain lion in southern California is granted full protection of a threatened species under CESA. The Project may have significant impacts because no analysis was conducted regarding the direct and indirect, permanent or temporal losses, of habitat for mountain lion. Recommended Potentially Feasible Mitigation Measure(s): Mitigation Measure #1: Due to potential habitat within the Project footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and mobilization, a CDFW-approved biologist knowledgeable of mountain lion species ecology should survey areas that may provide habitat for mountain lion to determine presence/absence and potential for natal dens. Caves and other natural cavities, and thickets in brush and timber provide cover and are used for denning. Females may be in estrus at any time of the year, but in California, most births probably occur in spring. Surveys should be conducted when the species is most likely to be detected, during crepuscular periods at dawn and dusk (Pierce and Bleich 2003). Survey results including negative findings should be submitted to CDFW prior to initiation of Project activities. The survey report should include a map of potential denning sites. The survey report should include measures to avoid impacts to mountain lions that may be in the area as well as dens and cubs, if necessary. Mitigation Measure #2: If potential habitat for natal -dens are identified, CDFW recommends fully avoiding potential impacts to mountain lions, especially during spring, to protect vulnerable cubs. Two weeks prior to Project implementation a CDFW-approved biologist should conduct a survey for mountain lion natal dens. The survey area should include the construction footprint and the area within 2,000 feet (or the limits of the property line) of the Project disturbance boundaries. CDFW should be notified within 24 hours upon location of a natal den. If an active natal den is located, during construction activities, all work should cease. No work should occur within a 2,000-foot buffer from a natal den. A qualified biologist should notify CDFW to determine the appropriate course of action. CDFW should also be consulted to determine an appropriate setback from the natal den that would not adversely affect the successful rearing of the cubs. No construction activities or human intrusion should occur within the established setback until mountain lion cubs have been successfully reared; the mountain lions have left the area; or as determined in consultation with CDFW. Mitigation Measure #3: If "take" or adverse impacts to mountain lion cannot be avoided either during Project construction and over the life of the Project, Project proponent should consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, § 2080 et seq.). Recommendation: CDFW recommends the City evaluate the mountain lion territory size and use of habitat within and surrounding the Project vicinity. The City should analyze the change (i.e., increase) in human presence and area of anthropogenic influence that may be in mountain lion habitat and how it may impact mountain lion behavior, reproductive viability, and overall survival success. CDFW recommends the City recirculate the MND with these analyses included. A-11 (font) DocuSign Envelope ID: 65AD97D0-087C41 E2-AG13-46391 FC78AD4 Mayuko Nakajima City of Diamond Bar Page 9 of 23 December 17, 2021 Comment ": Least Bell's vireo (Vireo berm pusmus) Issue: CDFW is concerned that the Project could impact habitat for least bell's vireo, a federal Endangered Species Act (ESA) -listed species. Specific impacts: Direct tree removal, thinning of trees, and construction activities will have an impact on potential breeding and foraging habitat for least Bell's vireo. Why impacts would occur: According to the MND on page 589 least Bell's vireo have been documented within and associated with unlined portions of the Brea Canyon Channel directly southwest of the Project site. Although least Bell's vireo was not observed during field surveys, it is known that vireo utilize adjacent upland habitats that are near riparian habitat (USFWS 1998). Foraging adults have been documented to utilize upland habitat for food resources and potentially nesting habitat. Scientific literature has shown that least Bell's vireos have the capability to nest exclusively in non -riparian habitat (USFWS 1998). Project activities could result in temporary or long-term loss of suitable nesting and foraging habitats Construction during the breeding season of nesting birds could potentially result in the incidental loss of breeding success or otherwise lead to nest abandonment. Noise from road use, generators, and heavy equipment may disrupt vireo mating calls or songs, which could impact reproductive success (Patricelli and Blickley 2006, Halfwerk et al. 2011). Noise has also been shown to reduce the density of nesting birds (Francis et al. 2009), and songbird abundance and density was significantly reduced in areas with high levels of noise (Bayne et al. 2008). Additionally, noise exceeding 70 dB(A) may affect feather and body growth of young birds (Kleist et al. 2018). In addition to construction activities, residential development and increased human presence in the Project site could contribute to vireo impact. Evidence impact would be significant: Consistent with CEQA Guidelines section 15380, the status of vireo as an endangered species pursuant to the ESA (16 U.S.C. § 1531 et seq.) and CESA (Fish & G. Code, § 2050 et seq.) qualifies vireo as an endangered, rare, or threatened species under CEQA. Project impacts may result in substantial adverse effects, either directly or through habitat modifications, on a species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CDFW or USFWS. Recommended Potentially Feasible Mitigation Measure(s): Mitigation Measure #1: Because suitable habitat for vireo is present, CDFW recommends the following be included as a mitigation measure in the MND: Prior to initiation of Project construction and activities within or adjacent to suitable nesting habitat during least Bell's vireo breeding season (March 15 — September 15), a CDFW-approved biologist with experience surveying for least Bell's vireo shall conduct surveys following USFWS established protocols to determine whether breeding and nesting least Bell's vireos are present within 500 feet of the Project site. If least Bell's vireo is present, no construction shall take place from March 15 through September 15, Mitigation Measure #2: If "take" or adverse impacts to least Bell's vireo cannot be avoided either during Project construction and over the life of the Project, the Project proponent should consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, § 2080 et seq.). DocuSign Envelope ID: 65AD97D0-087C-41E2-AC13-46391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 10 of 23 December 17, 2021 Comment #5: Tree Diseases, Pests, and Pathogens Issue: Project activities will result in tree removal which may be host for invasive pests and diseases. Specific Impacts: The Project may result in the spread of tree insect pests and diseases into areas not currently exposed to these stressors. This could result in expediting the loss of southern California black walnut and coast live oak trees within and adjacent to the Project site. Loss of trees may result in loss of foraging and perching habitat for mammals, birds, and raptors dependent on California walnut trees and oak woodland habitat within the retained area of the Project site. Why impacts would occur: The Project may remove trees that could host diseases and pests. One such pathogen is sudden oak death. Sudden oak death has become the most common cause of mortality of oak (Quercus genus) and other native trees (Phytosphere 2015). Mortality rates of oak trees are greater than 50 percent in some areas impacted by sudden oak death (Phytosphere 2012), In addition, tree dieback can have cascading impacts on the habitat and ecosystem, particularly avian distribution and abundance (Monahan and Koenig 2006). Diseases such as sudden oak death can spread via equipment and transport of infected material. These fragments can be spread to new locations if equipment and tools are not disinfected or cleaned before moving to the next work location. Infected material that is transported off site for disposal may expose trees and plant communities to pest and disease. This could result in expediting the loss of walnut trees, oak trees, and other native trees and plant communities within and adjacent to a Project area. Evidence impacts would be significant: The Project may have a substantial adverse effect on any sensitive natural communities identified in local or regional plans, policies, and regulations or by the CDFW. The Project may result in a substantial adverse effect, either directly or through habitat modifications, on species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by CDFW that are dependent on woodlands susceptible to insect and disease pathogens. Recommended Potentially Feasible Mitigation Measure(s): Mitigation Measure: CDFW recommends that the subsequent CEQA document include a measure to mitigate the spread of invasive pests and diseases by implementing the following: 1) Prior to tree removal, a certified arborist should evaluate trees for infectious tree diseases including but not limited to: sudden oak death (Phytophthora ramorum), thousand canker fungus (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and goldspotted oak borer (Agrilus auroguttatus) (TCD 2021; UCANR 2021; Phytosphere Research 2012; UCIPM 2013). 2) If a certified arborist determines trees are impacted by infectious pests or diseases, the certified arborist should prepare an Infectious Tree Disease Management Plan or develop a detailed, robust, enforceable, and feasible list of preventative measures. A plan/list should provide measures relevant for each tree pest or disease observed. To avoid the spread of infectious tree pests and diseases, infected trees should not be DocuSign Envelope ID: 66AD97D0-087G41 E2-AC13-46391 FC78AD4 Mayuko Nakajima City of Diamond Bar Page 11 of 23 December 17, 2021 transported from the Project area without first being treated using best available management practices described Infectious Tree Disease Management Plan or list of preventative measures. AA 3 3) If possible, all tree material, especially infected tree material, should be left on site. The (Cont) material could be chipped for use as ground cover or mulch. Pruning and power tools should be cleaned and disinfected before use to prevent introducing pathogens from known infested areas, and after use to prevent spread of pathogens to new areas. Additional Recommendations Nesting birds. CDFW recommends modifying Mitigation Measure BIO-3 to include the language underlined and remove language in strikethrough: Mitigation Measure 81O-3: If removal of onsite trees and vegetation occurs during the non -nesting season (September 16 through December 31), no nesting survey or biological monitor are required. If the removal of onsite trees and vegetation occurs during the nesting season (January 1 through September 15), the Project applicant shall provide the City documentation that a qualified biologist has been retained and would conduct a preconstruction nesting survey no more than 3 days prior to the start of removal activities. The preconstruction nesting surveys shall include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits. If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer around A-14 the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no longer active or the nest has failed. A minimum buffer of 300 feet around active Dasserine (Derchina birds and sonabirds) nests. 500 feet around active raptor nests. and 0.5 mile around active nests of a CESA or Endanaered SDecies Act listed bird species shall be Dlaced around an active nest. The buffer may be modified (i.e., increased or decreased) and/or other recommendations proposed (e.g., a temporary sound wall) as determined appropriate by the qualified biologist to minimize impacts. The qualified biologist shall monitor the removal of onsite trees and vegetation. Nest buffer distance will be based on species, specific location of the nest, the intensity of construction activities, existing disturbances unrelated to the proposed Project, and other factors as determined by a qualified biologist. If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the work area and areas that are 500 feet from the work area. Lake and Streambed Alteration Program. The proposed Project will convey storm water from Drainage Area A into the Brea Canyon channel. CDFW has concluded that the Project would result in the alteration of streams. As such, CDFW concurs with the Project's proposal to notify A-15 CDFW pursuant under Fish and Game Code, section 1600 et seq. The Project applicant (or "entity") must provide notification to CDFW pursuant to Fish and Game Code, section 1600 et DocuSign Envelope ID: 65AD97D0-087G41 E2-AC1346391 FC78AD4 Mayuko Nakajima City of Diamond Bar Page 12 of 23 December 17, 2021 seq. Based on this notification and other information, CDFW determines whether a Lake and Streambed Alteration (LSA) Agreement with the applicant is required prior to conducting the proposed activities. Please visit CDFW's Lake and Streambed Alteration Program webpage to for information about LSA Notification and online submittal through the Environmental Permit Information Management System (EPIMS) Permitting Portal (CDFW 2020a). CDFW also recommends the LSA Notification should include a hydrology report to evaluate whether altering the streams may impact headwater streams where there is hydrologic connectivity. The hydrology report should also include a scour analysis to demonstrate that stream banks and streambed would not erode as a result of impacts within the Project site. Also, CDFW also requests a hydrological evaluation of the 200, 100, 50, 25, 10, 5, and 2-year frequency storm event for existing and proposed conditions. Data. CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database [i.e., California Natural Diversity Database (CNDDB)] which may be used to make subsequent or supplemental environmental determinations [Pub. Resources Code, § 21003, subd. (e)]. Accordingly, please report any special status species detected by completing and submitting CNDDB Online Field Survey Form (CDFW 2021e). The City should ensure that the Project applicant has submitted data properly, with all data fields applicable filled out, prior to finalizing/adopting the environmental document. The data entry should also list pending development as a threat and then update this occurrence after impacts have occurred. The Project applicant should provide CDFW with confirmation of data submittal. Mitigation and Monitoring Reporting Plan. CDFW recommends updating the MND's proposed Biological Resources Mitigation Measures to include mitigation measures recommended in this letter. Mitigation measures must be fully enforceable through permit conditions, agreements, or other legally binding instruments [(Pub. Resources Code, § 21081.6; CEQA Guidelines, § 15126.4(a)(2)]. As such, CDFW has provided comments and recommendations to assist the City in developing mitigation measures that are (1) consistent with CEQA Guidelines section 15126.4; (2) specific; (3) detailed (i.e., responsible party, timing, specific actions, location), and (4) clear for a measure to be fully enforceable and implemented successfully via mitigation monitoring and/or reporting program (Pub. Resources Code, § 21081.6; CEQA Guidelines, § 15097). The City is welcome to coordinate with CDFW to further review and refine the Project's mitigation measures. Per Public Resources Code section 21081.6(a)(1), CDFW has provided the City with a summary of our suggested mitigation measures and recommendations in the form of an attached Draft Mitigation and Monitoring Reporting Plan (MMRP; Attachment A). Filing Fees The Project, as proposed, could have an impact on fish and/or wildlife, and assessment of filing fees is necessary. Fees are payable upon filing of the Notice of Determination by the City of Diamond Bar and serve to help defray the cost of environmental review by CDFW. Payment of the fee is required in order for the underlying project approval to be operative, vested, and final (Cal. Code Regs, tit. 14, § 753.5; Fish & Game Code, § 711.4; Pub. Resources Code, § 21089), A-15 (Cont) DocuSign Envelope ID: 65AD97D0-087C41E2-AC13-46391FG78AD4 Mayuko Nakajima City of Diamond Bar Page 13 of 23 December 17, 2021 Concluslon We appreciate the opportunity to comment on the Project to assist the City of Diamond Bar in adequately analyzing and minimizing/mitigating impacts to biological resources. CDFW requests an opportunity to review and comment on any response that the City of Diamond Bar has to our comments and to receive notification of any forthcoming hearing date(s) for the Project [CEQA Guidelines, § 15073(e)]. If you have any questions or comments regarding this letter, please contact Julisa Portugal, Environmental Scientist, at Julisa.Portugal65' wildlife.ca.gov or (562)330-7563. Sincerely, CDoane nedby: e5E59CFE24724F5... Erinn Wilson-Olgin Environmental Program Manager I South Coast Region ea CDFW Erin n Wilson-Olgin, Los Alamitos —Erinn.Wison-Olgin(a)wildlife.ca.gov Victoria Tang, Los Alamitos — Victoria.Tang(a)wildlife.ca.gov Ruby Kwan-Davis, Los Alamitos — Ruby.Kwan-Davis(a)wildlife.ca.gov Felicia Silva, Los Alamitos — Felicia.Silva()a.wildlife.ca.gov Frederic Rieman, Los Alamitos — Frederic. Rieman(a)wildlife.ca.gov Cindy Hailey, San Diego — Cindy Hailev(cDwildlife.ca.gov CEQA Program Coordinator, Sacramento — CEQACommentLettersia)wildlife.ca.gov State Clearinghouse, Office of Planning and Research — State. Clearing houseig)opr.ca.gov References: Bayne, E. M., Habib, L., and S. Boutin. 2008. Impacts of chronic anthropogenic noise from energy -sector activity on abundance of songbirds in the boreal forest. Conservation Biology 22:1186-1193. Beier, P., D. Choate, and R. H. Barrett, 1995. Movement patterns of mountain lions during different behaviors. Journal of Mammalogy 76(4):1056-1070. Block, W.M., Morrison, M.M., Verner, J. 1990. Wildlife and oak -woodland interdependency. Fremontia 18(3):72-76. [Cal Poly Pomona] California State Polytechnic University Pomona. 2021. Walnut Woodland. Available at: https://www.cpp.edu/~biodiversity/communities/walnut-woodland.shtml, [CDFW] California Department of Fish and Wildlife. 2013. CDFW Departmental Bulletin. Human/Wildlife Interactions in California: Mountain Lion Depredation, Public Safety, and Animal Welfare. Available at: https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=68271 &inline. [CDFW] California Department of Fish and Wildlife. 2018, Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Accessed at: https://nrm.dfq.ca,gov/FileHandler.ashx?DocumentlD=18959&inline. DocuSign Envelope lD: 65AD97D0-087C41E2-AC1346391FC78AD4 Mayuko Nakajima City of Diamond Bar Page 14 of 23 December 17. 2021 [CDFWa] California Department of Fish and Wildlife. 2020. Lake and Streambed Alteration Program. Available at: https://wildlife.ca.gov/Conservation/LSA. [CDFWb] California Department of Fish and Wildlife. 2020. Notice of Findings - Mountain Lion ESU declared a candidate species. Available at: https:Hnrm.dfq.ca.gov/FileHandier.ashx?Docu mentl D=178623&in line. [CDFWc] California Department of Fish and Wildlife. 2021. Biogeographic Information and Observation System (BIOS). Available at: https://wildlife.ca.gov/Data/BIOS. [CDFWd] California Department of Fish and Wildlife. 2021. Natural Communities. Accessed at: https://wildlife.ca.gov/DatalVeqCAMP/Natural=Communities. [CDFWe] California Department of Fish and Wildlife. 2021. Submitting Data to the CNDDB. Available at: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data. [CDFWf] California Department of Fish and Wildlife. 2021. California Natural Community List. Available at: https://nrm.dfq.ca.gov/FileHandier.ashx?DocumentlD=153398&inline, [CNPS] California Nature Plant Society A Manual of California Vegetation Online. 2021. Juglans California Forest and Woodland Alliance. Available at: hftps://vegetation.enps.org/alliance/33. City of Diamond Bar. 2019a. Tree Preservation and Protection Diamond Bar Municipal Code. Title 22. Article III. Chapter 22.38. Available at: Francis, C.D., Ortega, C.P., and A. Cruz. 2009. Noise pollution changes avian communities and species interactions. Current Biology 19:1415-1419. [USFWS] Fish and Wildlife Service.1998. Draft recovery plan for the least Bell's vireo. U.S. Fish and Wildlife Service, Portland, OR. 139 pp. Griffin and Muick. 1990. California Native Oaks: Past and Present. Fremontia 18(3): 4-12. Halfwerk, W., Holleman, L.J.M., Lessells, Ck.M., Slabbekoorn, H. 2011. Negative impact of traffic noise on avian reproductive success. Journal of Applied Ecology 48:210-219, iNaturalist. 2016. Mountain Lion (Puma concolor). Available at: hftps://www.inaturalist.org/observations/3499228. Kleist, N. J., R. P. Guralnick, A. Cruz, C. A. Lowry, and C. D. Francis. 2018. Chronic anthropogenic noise disrupts glucocorticoid signaling and has multiple effects on fitness in an avian community. Proceedings of the National Academy of Sciences 115: E648— E657, Lucas, E. 2020. Recreation -related disturbance to wildlife in California — better planning for and management of recreation are vital to conserve wildlife in protected areas where recreation occurs. California Fish and Wildlife, Recreation Special Issue 2020: 29-51. Monahan, W.B. and W.D. Koenig. Estimating the potential effects of sudden oak death on oak dependent birds. Biological Conservation 127:146-157, NatureServe. 2021. Conservation Status Assessment Identifying Threatened Species and Ecosystems. Available from: https://www, natu reserve.org/conservationtools/conservation-status-assessment. Patricelli, G., and J.J.L. Blickley. 2006. Avian communication in urban noise: causes and consequences of vocal adjustment. Auk 123:639-649. Phytosphere Research, 2015, Phytophthora in nursery stock and restoration plantings. Accessed at: http://Phvtosphere.com/soilphytophthora/Issues implications Phvtophthora container st ock.htm. DocuSign Envelope ID: 65AD97D0-087C41 E2-AC13-46391 FC78AD4 Mayuko Nakajima City of Diamond Bar Page 15 of 23 December 17, 2021 Phytosphere Research, 2012, Understanding and Managing Sudden Oak Death in California. Accessed at: http://phytosphere.com/SODmgtPUB/pg6Sidebarl-lSODmgntl)ub,htm. Pierce, B. M., and Bleich V.C. 2003. Mountain Lion. Accessed at: https://www.researchgate,net/publication/284561468 Mountain lion. Sawyer, J. O., Keeler -Wolf, T., and Evens J.M. 2009, A Manual of California Vegetation, 2nd ed. ISBN 978-0-943460-49-9. [TCD] Thousand Cankers Disease. 2020. What is Thousand Cankers? Accessed at: http://thousandcankers.com/. [UCANR] University of California Agriculture and Natural Resources Division, 2020. Invasive Shot Hole Borers. Accessed at: https://ucanr.edu/sites/pshb/. [UCIPM] University of California Statewide Integrated Pest Management Program. 2013. How to Manage Pests. Pests in Gardens and landscapes. Goldspottled Oak Borer. Accessed at: hftp://ipm.ucanr.edu/PMG/PESTNOTES/pn74163.htmil Woodroffe, R. 2000. Predators and people: using human densities to interpret declines of large carnivores. Animal Conservation 3:165-173. Yap, T., Cummings, B., and J.P. Rose. 2019. A Petition to List the Southern California/Central Coast Evolutionarily Significant Unit (ESU) of Mountain Lions as Threatened under the California Endangered Species Act (CESA). Available from: https://nrm,dfg,ca,gov/Fi]eHand ler.ashx?Documentl D=171208&inline. m 0 d 0 Y O V E �. O J 0 J_ z Z a x N W > W O O tq r o .mom. 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Responses to Comments Comment Letter A: California Department of Fish and Wildlife — December 17, 2021 Comment A-1 This comment states that CDFW reviewed the Public Review Draft IS/MND and that CDFW's role is California's Trustee Agency for fish and wildlife resources and expects to act as a Responsible Agency in the issuance of a Streambed Alteration Agreement for the Project in accordance with Fish and Game Code Section 1600. The comment also describes the CDFW role as a Responsible Agency for potential "take" of any species protected under the California Endangered Species Act (CESA). In addition, this comment provides a summary of the Project description. Furthermore, this comment provides a reference to the specific comments provided in Comments A-2 through A-33. Response to Comment A-1 The City of Diamond Bar thanks CDFW for its review of the Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Draft IS/MND) and its recommendations. This comment does not provide specific comments on the contents of the environmental analysis provided in the Public Review Draft IS/MND.The comment indicates under what circumstances CDFW would be considered a responsible agency for which a permit may be required under the State Fish and Game Code. Except for the drainage lines extending into the Brea Canyon Channel, there are no direct impacts to CDFW jurisdictional resources for which Section 1602 of the Fish and Game Code would apply. There would be impacts to jurisdictional resources associated with the Brea Canyon Channel due to the extension of storm drains from the Project site into the channel. The extension of the storm drains may require a permit under Section 1602 of the Fish and Game Code. In addition, no special -status species were observed on the Project site that would require a Section 2081 "take" permit of the Fish and Game Code. The Public Review Draft IS/MND acknowledges that indirect water quality impacts may occur to the CDFW jurisdictional resources within the Brea Canyon Channel, for which mitigation measures BIO-1 and BIO-2 have been provided. Please also see Response to Comment A-15 regarding the Lake and Streambed Alteration Program, Comment A-2 This comment asserts that the discussion of potential impacts to sensitive plant communities was not adequately identified and that the mapping and reporting of sensitive plant communities does not follow CDFW protocol. Response to Comment A-2 The Public Review Drag IS/MND's mapping of natural communities and subsequent analysis of impacts to sensitive natural communities was based on the observations on the Project site and CDFW's current standards. A portion of this comment states the following: Crooketl Creek Residential Subdivision 3-25 ESA / 201800795.00 Response to Comments on Public Review Draft Apd12022 InlOel Study (Mitigated Negative Declaration Comments The information regarding Juglans californica Stand in Table 4.4-1 does not correlate with Table 4.4-2. Table 4.4-2 reports 58 southern California black walnut trees are within the grading limit. However, Table 4.4-1 indicates there are 0 acres of vegetation impacts for the Juglans californica Stand and walnut woodland within the grading limit. These discrepancies in the data appears to have a misleading impact assessment that could potentially result in lower mitigation required. CDFW is concerned that the inaccurate disclosure of impacts could result in a net loss of sensitive plant communities. Table 4.4-1 is accurate as presented in the Public Review Draft IS/MND. The acreages included in the comment, 4.8 acres of S4 ranked Coast Live Oak Woodland, 0.4 acre of S3.2-ranked Juglans californica Stand, and 3.0 acres of Walnut woodland, are not the acreages of impact but the total acres of these communities present on the Project site. As explained below, Juglans californica Stand and walnut woodland are not identified as natural communities in Table 4.4-1 because the impacted communities are best described as coast live oak woodland and the Avena- Bromus herbaceous semi -natural alliance, not as Juglans California Stand and walnut woodland. Table 4.4-1 correctly identifies impacts to 0.9 acres of coast live oak woodland within the grading limits. Specifically, "A Manual of California Vegetation,"(the "Manual") , is the current standard by which CDFW describes and categorizes natural communities.I The use of the Manual is discussed on the CDFW Natural Communities webpage under the heading "Addressing Sensitive Natural Communities in Environmental Review.2 The Manual was co-authored by a CDFW ecologist and was published in collaboration with CDFW. According to the Manual, the key issue here is the relative cover of coast live oak (Quercus agrifolia) and southern California black walnut (Juglans californica) on the Project site. Within the Manual, the membership roles of Quercus agrifolia Woodland alliance (coast live oak woodland)are: • Quercus agrifolia > 50%relative cover in the tree canopy (as sampled in the Santa Monica Mountains). • Quercus agrifolia > 60% relative cover in the tree canopy (as sampled in western Riverside County). According to these membership rules, a coast live oak woodland may contain up to 40%relative cover of southern California black walnut (or other tree species) in the tree canopy. By comparison, the California Walnut Woodland alliance requires greater than 50% relative cover in the tree canopy or greater than 30% relative cover with Quercus agrifolia present.4 Here, the I Sawyer, John O., T. Keeler -Wolf, and J. Evans. 2009. A Manual of California Vegetation, Second Edition. Sacramento: California Native Plant Society. 2 CDFW. Vegetation Classification and Mapping Program (VegCAMP), Natural Communities. Addressing Sensitive Natural Communities in Environmental Review. httos://wildlife.ca.gov/Data(VeizCAMP/Natural-Communities. Accessed January 17, 2022, 3 Quercus agrifolia woodland and forest alliance. Manual of California Vegetation Online. Accessed January 17, 2022, https://vegetation.cnps.org/alliance/78 4 Juglans californica Forest & Woodland Alliance. Manual of California Vegetation Online. Accessed January 17, 2022. https://vegetation.cnps.org/allimce/78 Crooked Creek Resltlen9al Subtlivision 3-26 ESA / 207800195.00 Response to Comments on Public Review nma April 2022 Initial Stutly/Mitigated Negative Oeclaregan coast live oak tree canopy is greater than 50% with walnut canopy cover of less than 30%. This area is therefore categorized as coast live oak woodland, supported by the presence of large coast live oak trees of protected size, small oak trees of non -protected size, and a sparse canopy component of southern California black walnut, only along the periphery of the habitat. A portion of the coast live oak woodland within the development footprint has a larger quantity of southern California black walnut trees than coast live oak trees; however, it is still considered coast live oak woodland instead of walnut woodland when utilizing relative cover as the basis of the vegetation mapping, as stated in the Manual. Comment A-3 This comment raises issues related to the coast live oak and southern California black walnut vegetation mapping and asserts that the project impact on these natural communities is significant. Response to Comment A-3 The comment asserts that because there are more southern California black walnut trees within the grading limit than coast live oak trees, then the project impact must be to the walnut woodland habitat and not the coast live oak woodland. Table 4.4-1 presents the vegetation impacts to natural communities within the Project site. Table 4.4-2 reports impacts to individual trees within the grading limits, independent of which natural community the tree may occur. As explained in Response to Comment A-2, Juglans californica Stand and walnut woodland are not identified as impacted natural communities in Table 4.4-1 because, according to the Manual, the impacted communities are considered coast live oak woodland. Table 4.4-1 correctly identifies impacts to 0.9 acres of coast live oak woodland within the grading limits. Juglans californica stands and walnut woodlands are not the same thing. A stand refers to a uniform aggregation of a single species. A woodland includes the component species in addition to other codominant or subdominant species and layers. While the majority of walnuts on site are a component of a large walnut woodland natural community (or Juglans californica woodland alliance), Juglans californica stands in the northeast corner of the project site identify a monoculture of the species, which does not accurately comport with the definition described in the Manual of Juglans californica woodland alliance, which includes the presence of shrubs or herbaceous species in the woodland. As such, Juglans californica stand was used to describe the community as uniquely different from the walnut woodland on site and its isolation based on past disturbances, including brush management for neighboring residences. Additionally, as noted in the ESA peer review (Appendix D-3 of the Public Review Draft IS/MND), the introduction of Persian walnuts into the woodland present on site have created interspecific hybrids of Juglans californica and Juglans regia. Regardless of the community description, there are no project impacts to the Juglans californica stand. The commenter also notes that the CDFW's ranking of coast live oak woodland as S4 is incorrect and that the biological report based on CDFW's findings is misleading. The commenter finds the Crooked Creek Resldenlial Subdivision 3-27 ESA / 201800198.00 Response to Comments on Public Review Dre0 Apri12022 Initial SWdy /Mlligated Negelive Declarelian 3. Resoonses to following statement provided in the Public Review Draft IS/MND as inaccurate: "...coast live oak woodland would not be designated as a sensitive natural community because CDFW has designated nearly all coast live oak woodland associations with a conservation rank of S4". NatureServe is non-profit network organization whose goal is biodiversity conservation, making use of the best available science to inform conservation decisions. 5The organization developed a standardized protocol for assessing conservation status and threats to both species and ecosystems. The assessment protocol provides an objective scientific tool in identifying the risk associated with individual species and the variety of ecosystems, either globally or regionally. The protocol, referred to as the Heritage Methodology, is used by the CDFW in assigning conservation ranks to species and natural communities (ecosystems).6 The conservation or rarity ranking is based on knowledge of community distribution and percentage of known occurrences that are ecologically sound. The methodology uses a 5-point scale ranging from critically imperiled (rank 1) to secure (rank 5). Critically imperiled (1) is described as "at very high risk of extinction or collapse due to very restricted range, very few populations or occurrences, very steep declines, very severe threats, or other factors." Imperiled (2) is described as "at high risk of extinction or collapse due to restricted range, few populations or occurrences, steep declines, severe threats, or other factors." Vulnerable (3) is described as "at moderate risk of extinction or collapse due to a fairly restricted range, relatively few populations or occurrences, recent and widespread declines, threats, or other factors." Apparently secure (4) is described as "at fairly low risk of extinction or collapse due to an extensive range and/or many populations or occurrences, but with possible cause for some concern as a result of local recent declines, threats, or other factors." Secure (5) is described as "at very low risk or extinction or collapse due to a very extensive range, abundant populations or occurrences, and little to no concem from declines or threats." CDFW and most other organizations and agencies using the protocol consider those natural communities and species assigned a State rarity rank of S1-S3 to be sensitive resources to be addressed in the environmental review process.7 The comment further states that "Although, coast live oak does have a ranking of S4, there are various associations of coast live oak with a rarity ranking of S3. Some associations with a rarity ranking of S3 include Quercus agrifolia—Umbellularia californica, Quercus agrifolia - Salvia mellifera, and Quercus agrifolia — Quercus berberidifolia (CDFW 2021f)."8 It is acknowledged that the natural community mapping for the project was not at the association level but to the alliance level of specificity. An alliance is a vegetation classification category describing repeating patterns of plants and is defined by a dominant plant species or multiple species. The vegetation classification is based on the principles set by the National Vegetation Classification Standards in which alliance and association are based on dominant species and NatureServe Mission Statement, Who We Are I NatureServe. Accessed April 11, 2022, CDFW. Sensitive Natural Communities, htros://wildlife.ca.eov/DataNeeCAMP/Natural- CommunitiesBack¢ound. Accessed April 11, 2022. CDFW. Sensitive Natural Communities, b-Ms://wildlife.ca.eov/DataNeRCAMW/Natural- CommunitiesBackeround. Accessed April 11, 2022, California Natural Community List, CDFW. August 18, 2021 - https://=.dfg.ca.gov/Fileffandler.ashx?Docu mtlD=153398&inline Cmoketl Creek Resitlenaal Subdivision 3-2$ ESA / 201800795.00 Response to Comments on Public Review Drafl Apri12022 Initial SWtly / Midgated NegaBve Declaration to Comments similar subordinate species composition.7 Like an alliance, an association is a vegetation classification category based on species composition but is more detailed reflecting more specific vegetation characteristics.10 In spite of the mapping to the alliance level, there is no coast live oak woodland association described with southern California black walnut as a subdominant or codominant species, which is included within the coast live woodland alliance (71.060.02), which is not a sensitive alliance. Consequently, there is no loss of vegetation classification specificity using the alliance level of classification, which is based on species composition as is association. Of the various associations provided in the CDFW Natural Communities list that include coast live oak as the dominant species, the following associations are noted as having an S3 ranking, and include those listed below: 71.060.07 Quercus agrifolia /Adenostoma fasciculatum — (Salvia mellifera) 71.060.26 Quercus agrifolia —Arbutus menziesh — Umbellularia californica 71.060.37 Quercus agrifolia / Quercus (berberidifolia, x acutidens) 71.060.48 Quercus agrifolia — Umbellularia californica As noted in Appendix D -Plant Species Observed section of Appendix D-1 within the Biological Resources Assessment prepared by LSA, component plant species of those coast live oak natural communities listed as sensitive do not occur within the project area. Chamise (Adenostoma fasciculatum), black sage (Salvia mellifera), California bay laurel (Umbellularia californica), and scrub oak (Quercus berberidifolia, x acutidens) were not observed during LSA focused plant surveys of the site. As indicated above, the on -site coast live oak natural community allies with the Quercus agrifolia Association (71.060.02), which is ranked as S4, a non -sensitive natural association. Additionally, the commenter asserts the rarity of southern California black walnut as a stand has a state rank of S3.2. A stand refers to a uniform aggregation of a single species, as mentioned above. As a species, California Native Plant Society (CNPS) and CDFW recognize southern California black walnut as a California Rare Plant Rank 4.2 and has a global rank and state rank of G4 and S4.11.12 Impacts to individual trees do not represent impacts to specific plant communities. The southern California walnut trees are located within mapped coast live oak woodland, as noted. Comment A4 This comment provides the following recommendations: map all sensitive natural communities at the association level; update the plant communities' evaluation; remove the distinction between 9 United States National Vegetation Classification. Natural Vegetation Classification. https://usnvc.or about/plant- communities-and-vegetation-classification/natural-veeetation-classification/. Accessed April 1, 2022. io Sawyer, John O., T. Keeler -Wolf, and J. Evans. 2009. AManual of California Vegetation, Second Edition. Sacramento: California Native Plant Society. 11 Juglans californica, Calflora, Accessed January 18, 2022, https://www.calfloralorg/app/taxon?cm=4428 12 Juglans californica, California Native Plant Society, Accessed January 18, 2022, https://rueplmts.cnps.org/Plants/Details/1704 Crooked Creek Residential Subdivision 3-29 ESA / 201500195.00 Response to Comments on Public Review Oran Apol 2022 Inklel Stutly /Mitigeletl Negative DedamSon Comments walnut woodland and Juglans californica Stand; and update the plant communities evaluation in the Final IS/MND. Response to Comment A 4 The comment recommends following CDFW's protocols (CDFW 2018) as described in this comment. The Public Review Draft IS/MND biological resource information was prepared consistent with CDFW's protocols, as discussed above. Appendix D to the Public Review Draft IS/MND discusses in detail CDFW's requested data, mapping, and description of potential impacts to sensitive plant communities. Regardless of whether the Juglans californica stand is distinct from the walnut woodland community description, there are no project impacts to the Juglans californica stand. The 0.1 acre of walnut woodland would be impacted by ongoing fuel modification in Zones B and C on the Project site by the LA County Fire Department to protect existing homes. The southern California black walnut trees would remain and still constitute a walnut woodland as part of the Project. For these reasons, the MND concludes that, although these ongoing fuel modification activities would result in indirect impacts to the onsite sensitive natural community of walnut woodland, the Project impacts would be less than significant. Table 4.4-1 is accurate as presented. To provide clarity, the following is added as a footnote to Table 4.4-1 on page 61 of the Public Review Draft IS/MND. • The walnut woodland and Juglans californica Stand ve¢etation communities may be equally treated as sensitive natural communities. However, there are no project impacts to the Juglans californica Stand. There are no new sensitive natural communities on the Project site not previously described in the Public Review Draft IS/MND, and there is no change in impacts to sensitive natural communities. Comment A-5 This comment asserts that Mitigation Measure BIO-4 does not provide sufficient mitigation for impacts to coast live oak trees and southern California black walnut trees found within the grading limits and that could be impacted by fuel modification associated with the Project. Response to Comment A-5 The Project site includes 457 coast live oak and southern California walnut trees that are protected by the City of Diamond Bar Municipal Code. Four (4) coast live oak and 58 southern California black walnut trees (about 14% of the total) will be removed by the Project grading and fuel modification. A total of 395 protected trees will remain after Project implementation. Mitigation Measure BI04 will require the planting of 12 coast live oak and 174 southern California black walnut trees as replacement for those removed, representing a 3:1 replacement ratio. The Project will remove some ecological functions but the remaining and replacement oak and walnut trees will continue to provide or gradually enhance the ecological function. Because Mitigation Measure BIO-4 is designed to demonstrate compliance with the City's municipal Crooked Creek Residen0al Subdivision 3-30 ESA / 207e00195.00 Response lc Comments on Public Review Draft Apd12022 Initial Slutly / Mitigaletl Negative Oeclamticn code, which requires the 3:1 replacement ratio, this mitigation measure is considered sufficient to reduce potentially significant impacts. Comment A-6 The comment recommends modifications to Mitigation Measure BIO-4 and requests a justification of the 3:1 mitigation ratio in the final CEQA document. The comment provides a list of major impacts to coast live oak and southern California black walnut trees that may result from Project activities. Response to Comment A-6 The comment includes a list of nine (9) impacts that may occur. Each is addressed below. 1) Impacts on coast live oak woodland that has a rarity rank of S4 with some S3 association. A rank of S3 is defined as a plant community that is "at moderate risk of extirpation in the jurisdiction due to a fairly restricted range, relatively few populations or occurrences, recent and widespread declines, threats, or other factors" (NatureServe 2021); The Public Review Draft IS/MND acknowledges impacts to coast live oak woodland and as explained in Response Comment A-3, the on -site coast live oak woodland community has a rarity rank of S4, which is not sensitive. 2) Impacts on southern California black walnut trees that has a rarity ranking of S3.2. This species is endemic to Southern California and is considered threatened by the additional rarity ranking of 0.2 (Sawyer et al. 2009); As discussed in Response to Comment A-3, individual southern California black walnut trees are analyzed as a special -status species, and the trees may also comprise a component of a natural community, which may or may not be considered sensitive. Southern California black walnut, Juglans californica, as a species is a California Rare Plant Rank (CRPR) of 4, a watch list category, the least rare of the CRPR categories. As a species, individual southern California black walnut trees do not have a rarity rank of 53.2; that rank is applied to the walnut woodland natural community, of which individual southern California black walnut trees are the dominant tree species. The walnut woodland community is treated as sensitive community in the Public Review Draft IS/MND analysis. The Sawyer et al 2009 reference is to the Manual discussed in Response to Comment A-2. 3) Impacts to biodiversity given that southern California black walnut woodland is considered one of the rarest plant communities in southern California (Cal Poly Pomona 2021); The statement on the Cal Poly Pomona website indicating that southern California black walnut woodland is considered one of the rarest plant communities in southern California is conclusory without any substantial evidence. There is no indication in what publication or by what biologist this consideration is documented by evidence. CDFW acknowledges the walnut woodland as a sensitive natural community but assigns a rarity ranking of S3, while Croaked Creek Residen0al Subdivision 3-31 ESA / 207800185.00 Response to Comments on Public Review Draft April 2022 Initial Slutly /kAidgaletl Negative Declaration 3. Resoonses to Comments the rarest natural communities are assigned a ranking of S 1, such as the Torrey pine woodland with a limited distribution in San Diego County. The same Cal Poly Pomona website states that southern California black walnut trees are not endangered and that walnut woodlands have low plant species diversity. The Public Review Draft IS/MND acknowledges that biological resources will be impacted, including the sensitive walnut woodland natural community, and that a portion of the project site will replace the current biological resources with a residential land use. It is acknowledged that some biodiversity will be lost but this impact is less than significant. 4) Impacts on sensitive plant communities associated with streams (e.g., Brea Canyon Channel); The Brea Canyon Channel is a concrete -lined drainage channel adjacent to the Project Site. There are no plant communities of any kind in the concrete channel adjacent to the Project Site, sensitive or otherwise. 5) Impacts on sensitive plant communities that could support sensitive or special status wildlife species [e.g., least Bell's vireo (Vireo belhi pusillus)] As previously discussed, the only sensitive plant community occurring on the Project Site is the walnut woodland natural community. While the community may provide habitat for special -status wildlife species elsewhere, no special -status wildlife species were observed on the Project Site during the biological surveys. Least Bell's vireo, an endangered species, typically occurs in riparian vegetation such as willow riparian woodland or scrub, a habitat that does not occur on the Project Site and will not be impacted by the Project. 6) Impacts resulting in permanent loss of seed bank or propagates; The Project Site supports a suite of native and non-narive plant species, all of which are presumed to produce seed, a portion of which remains in the soils of the Project Site. It is acknowledged that impacts to biological resources will occur in implementation of the proposed Project and loss of seed bank or propagules will occur. Impacts to seed bank or propagules, unless associated with a rare, endangered or threatened plant species, is a less than significant impact, as no species will become endangered or threatened as a consequence of the proposed Project. 7) Impacts on sensitive plant communities that have low recruitment (Sawyer et al. 2009); The CEQA analysis of impacts to sensitive plant communities does not distinguish between those having low or high recruitment. An impact to any sensitive plant community is considered to be potentially significant, for which mitigation may be required before the impact can be considered less than significant. As explained here, there will be no significant impacts to sensitive plant communities. Crooketl Creek Resitlenlial Subtlivision 332 ESA/ 201500195.00 Response to Comments on Public Review 02X Apri12022 Initial Study / MWgatetl Negetive Declamtron 8) Impacts associated with temporal loss given the unknown nature of when compensatory mitigation would be implemented; and, Temporal loss, the time between initiation of mitigation and maturation of anticipated ecological functions, to sensitive or special -status biological resources is considered during a CEQA analysis through the timing requirements associated with the implementation of mitigation measures. However, it is acknowledged that when impacts to woodland habitats may occur, there will usually be a temporal loss of that habitat while the tree species within that community mature in a restoration effort. Temporal losses are recognized in the development of mitigation measures that the required replacement trees for the loss of oak and walnut trees will require many years before those replacement trees reach the same stature as the impacted trees. Consequently, mitigation measures require monitoring over a number of years to verify that ecological functions return to the impacted habitat. 9) Impacts associated with temporal loss given the length of time the mitigation site will be restored to the same habitat quality, value, and function of the impact site. See response above regarding temporal loss. For these reasons, the requested modifications to Mitigation Measure BIO-4 are not necessary. Comment A-7 The comment suggests that Project impacts to biological resources would be significant and that both coast live oak and southern California black walnut should be treated as endangered species. Response to Comment A-0 The commenter states that "Both tree species are considered sensitive plant communities with a rarity ranking of 53.2 for southern California black walnut and S4 (some associations 63) for coast live oak". The removal of individual trees is not the same as removing a sensitive plant community. Individual trees are a component of a larger sensitive natural community. Many of the individual walnut trees proposed for removal within the grading limits are not constituents of the sensitive walnut woodland community but are present within the non -sensitive coast live oak woodland or the Avena-Bromus herbaceous semi -natural alliance. As noted in Response to Comment A-3, no constituent species of the sensitive S3 communities are documented within the Project area. This coast live oak woodland community is accurately considered S4 based on the field findings of both ESA and LSA as detailed in Appendices D-3 and D-I, respectively. Coast live oak woodland is ranked as S4. Impacts to coast live oak woodland is not considered a significant impact. Additionally, the 0.1 acre of walnut woodland is a sensitive natural community that is impacted by existing fuel modification activities in Zones B and C that protect existing homes. As discussed in the Public Review Draft IS/MND, the Project's proposed fuel modification activities are consistent with the existing fuel modification activities and would not result in additional impacts to trees, habitat, or resources. Crooked Creek Residential Subdivision 3-33 ESA / 207800796.00 Response b Comments on Public Review Oreft Apd12022 IniOal SWdy /Mitigated Negative Declaratlon 3. Resoonses to Comments Fuel modification will be required of the Project by the time the new houses are occupied. Fuel modification Zone A will require the removal of any trees present within this zone. Additionally, fuel modification activities within Zones B and C will not result in the direct loss of trees but will continue the existing documented fuel modification, brush management, and weed control activities currently occurring on site and will include planting of trees, shrubs, and groundcover that are recommended for planting within the fuel modification zone under the LA County Fire Department Plant Selection Guideline by Zone document (see Page 65 of the Public Review Draft IS/MND). The comment also states "Coast live oak and southern California black walnut trees serve several important ecological functions such as protecting soils from erosion and land sliding; regulating water flow in watersheds; and maintaining water quality in streams and rivers. Oak trees alone provide nesting and perching habitat for approximately 170 species of birds (Griffin and Muick 1990). Oak woodlands also have higher levels of biodiversity than any other terrestrial ecosystem in California (Block et al. 1990). Aside from providing nesting habitat, southern California black walnut trees provide acoms as a food source to a variety of wildlife species. In addition, the southern California black walnut is a species of local significance; a species of limited distribution; and a species that is moderately threatened in California with a rarity ranking of S3.2 (Sawyer et al. 2009). Southern California black walnut trees and California walnut groves meet the definition of endangered, rare, or threatened Species under CEQA (CEQA Guidelines, § 15380)" It is acknowledged that both coast live oak and southern California black walnut trees are important species within southern California woodland habitats. The trees within the Project site are at an urban-wildland interface, and that setting will continue with implementation of the proposed Project. The Project site includes 457 oak and walnut trees that are protected by the City of Diamond Bar. Four (4) coast live oak and 58 southern California black walnut trees (about 14% of the total) will be removed by the Project. A total of 395 protected trees will remain after Project implementation. Mitigation Measure BIO-4 will require the planting of 12 coast live oak and 174 southem California black walnut tree as replacement for those removed. The Project will not remove the ecological functions described and the remaining and replacement oak and walnut trees will continue to provide the ecological function as described in this comment. The comment mixes terms, potentially confusing to a reader, and asserts that the rarity of southern California black walnut as a species is moderately threatened in California and assigned a rarity ranking of S3.2. As mentioned in Response to Comment A-3, the CNPS and CDFW recognize southern California black walnut species as a California Rare Plant Rank 4.2 and has a 13 14 global rank and state rank of G4 and S4 . Consequently, the species is not especially rare and impacts to individual trees are not considered a significant impact, while the walnut woodland 13 Juglans callfornica, Calflora, Accessed January 18, 2022, htlps://www.calflora.org/app/taxon?cm=4428 14 Juglans califomica, California Native Plant Society, Accessed January 18, 2022, https://rareplants.cnps. org/Plants/Details/1704 Crooketl Creek Resitlenaal subdivision 3-34 ESA / 207900795.00 Response to Comments on Public Review Draa Apri12022 Initial Study / Mlllgatetl Negaave Declaration KTMOMMOTM7 a" plant community for which southern California black walnut is dominant is sensitive and impacts to the community are considered a potentially significant impact for which impact analysis and mitigation is required to reduce impacts to a less than significant level. Impacts to individual trees to not represent impacts to specific plant communities. The southern California walnut trees are located within mapped coast live oak woodland, as noted previously. The statement therefore incorrectly applies the walnut woodland sensitivity ranking to the individual trees. The commenter asserts that all impacted trees replaced at the City ordinance's 3:1 ratio would not sufficiently mitigate the loss of sensitive natural communities impacted within the grading limits and fuel modification Zones A-C. As detailed in Responses to Comment A-2 and A-3 above, the walnut woodland natural community is the only sensitive natural community occurring within the Project Site, and 0.1-acre of that walnut woodland is impacted by ongoing fuel modification activities by the LA County Fire Department in Zones B and C to protect existing homes. The Project's fuel modification is consistent with the ongoing fuel modification and would not remove walnut woodland. A portion of the replacement trees will be planted proximate to the existing remaining trees. As discussed in the MND and Appendix D, the 3:1 replacement ratio is consistent with the City's ordinance for larger parcels such as the Project Site (City of Diamond Bar Municipal Code Section 22.38.130), The comment provides a recommended mitigation measure for the replacement for proposed removal of oak and walnut trees at a ratio of 3:1. Response to Comment A-8 A total of 120 coast live oak trees and 339 southern California black walnut tree are recommended by the commenter to mitigate impacts to the 40 coast live oak and 113 southern California black walnut trees within the grading limits and fuel modification areas of the Project. The commenter further recommends that Mitigation Measure BIO-4 include replacement habitat at minimum 6.3 acres of coast live oak woodland and 0.3 acres of southern California black walnut woodland for potential impacts to the 2.1 acre of coast live oak woodland and 0.1 of walnut woodland within the grading limit and fuel modification areas. This comment mistakenly equates individual trees with sensitive communities to seek replacement for protected trees within the fuel modification as if they are removals. The grading areas and fuel modification Zone A will require the removal of any trees present within those areas. However, fuel modification activities within Zones B and C will not result in the loss of trees but will continue the existing documented fuel modification, brush management, and weed control activities currently occurring on the Project Site for the protection of existing homes. The Project will also include planting of trees (including mitigation replacement trees), shrubs and groundcover recommended to be planted within the fuel modification zones under the LA County Fire Department Plant Selection Guideline by Zone document (see Page 65 of the Public Review Draft IS/MND). Crooketl Creek Residential Subdivision 3-35 ESA / 201500795.00 Response to Comments on Publlc Revlew Drag Apd12022 Inidal SWdy /Miigated Negative Oeclara0on Comment A-9 The comment provides recommended revisions to Mitigation Measure BIO-4. This measure provides the required replacement for actual proposed removed trees. Response to Comment A-9 The removal of 4 coast live oak trees and 58 southern California black walnuts results in the replacement planting of 12 coast live oak trees and 174 southern California black walnuts, when using the 3:1 ratio required by the City of Diamond Bar Municipal Code Section 22.38.130. The 3:1 ratio is for properties greater than 20,000 square feet as these parcels will have more area to accommodate the planting of additional replacement trees. The undeveloped area on the Project site has sufficient areas to accommodate required replacement tree plantings, but not more. As discussed in Response to Comment A4, Mitigation Measure BIO-4 includes a tree replacement pIan under which mitigation trees planted onsite will be monitored and any mitigation trees that are planted and do not survive within the monitoring period will require replacement such that at the end of the monitoring period, the proposed number of mitigation trees will not be less than the total listed in Mitigation Measure BIO-4 (at least 12 coast live oaks and 174 black walnuts). The Public Review Draft IS/MND conservatively analyzed the potential impacts to habitats resulting from ongoing fuel modification activities within Zones B and C on the Project Site. More than 3.75 acres of on -site habitat currently is within the Zone B and C fuel modification areas for the existing residences on Crooked Creek Drive. Both coast live oak and walnut trees occur within this area onsite and replacement trees are among the trees recommended to be planted as part of a fuel modification plan at least 30' away from structures under the LA County Fire Department Plant Selection Guideline by Zone document. So, the Project's proposed tree retention and authorized plantings within fuel modification areas is consistent with current fuel modification implementation onsite. The replacement trees will contribute to the preserved habitat, including the sensitive walnut woodland, enhancing the existing biological resources. Mitigation Measure BIO-4 has been clarified as discussed in Response to Comment A-13. Comment A-10 The comment recommends that the CEQA document discuss now the mitigation ratio of 3:1 addresses the project impact to the impacts listed in Comment A-6 above. Response to Comment A40 Please see Response to Comment A-6 above. Comment A-11 This comment asserts that the Project site occurs within mountain lion habitat and that the MND does not analyze impacts to mountain lion habitat. Specifically, the comment asserts that the Project may impact the southern California mountain lion population by temporarily and permanently increasing human presence, traffic, and noise. Response to Comment A41 No evidence of mountain lion presence was observed during the ESA or LSA site surveys. Crooked Creek Residen0al Subdivision 3-36 ESA/ 207800795.00 Response to Comments on Public Review Dratt Apd12022 InPoal SNdy / Midgaletl Negative Declaration 3. Responses to Comments The comment references the mountain lion range dataset found in the CDFW's Biogeographic Information and Observation System (BIOS)15. This range dataset represents the results of predictive mapping of California Wildlife Habitat Relationship software and is not an exact delineation of mountain lion habitat. The mountain lion range dataset has poor locational accuracy and indiscriminately includes large portions of urbanized Los Angeles, San Bernardino, Riverside, and Orange counties as suitable Mountain Lion range. Due to the poor locational accuracy, the dataset is not substantial evidence supporting delineation of the Project area as mountain lion habitat. The comment also notes that mountain lion presence has been recorded in the Project vicinity on iNaturalist. The referenced iNaturalist observation16 of mountain lion was posted by an account managed by the Natural History Museum Community Science program. The observation in question represents an image uploaded by the Natural History Museum taken from an Instagram account of wildlife photographer Robert Martinez but the location accuracy cannot be verified. There is no indication that the photograph was taken within the Project vicinity. This iNaturalist observation could not be corroborated as that of a CNDDB field survey form or voucher specimen. The Instagram post that included the image does not include any information about its location and includes hashtags for the Angeles National Forest and the San Gabriel Mountains17. For these reasons and the Project Site proximity to existing residential areas, the presence of mountain lions in the vicinity of the Project area has a low probability. The Project site does not contribute to a regional wildlife corridor. The Project site is surrounded by existing residential uses to the north and east with fences and barbed wire adjacent to the Brea Canyon Channel on the west. As noted in the ESA peer review of the LSA report (Appendix D-3 of the Public Review Draft IS/MND), the existing conditions at the Project site restrict movement by large mammals due to fencing and barbed wire, which is used to prevent cattle grazing ftom the neighboring ranch lands. The Project site is a dead end for large mammal movement and any animal reaching the Project site would be expected to return to the undeveloped areas south of the Project site, from where it likely came. Additionally, habitat in the southern and eastern portion PAX Project site will be unchanged as undeveloped land. Furthermore, substantial open lands associated with Tonner Canyon and the Puente -Chino Hills Wildlife Corridor, as well as adjacent ranch lands, provide ample habitat for use by mountain lion and other large mammals. Further, the baseline conditions at the Project site include human presence. The existing conditions include unauthorized use of the property for passive recreational hiking, in addition to the annual fuel modification that occurs for the protection of existing residences on Crooked Creek Drive, 15 Mountain Lion Range CWHR M165 [ds793], California Deparhnen[ of Fish and Wildlife, Accessed January 17, 2022, htlps://map.dfg.ca.gov/metadata/ds0793.html?5.96.99 16 Observation 3499228 - Mountain Lion, iNaturalist.org, Accessed January 17, 2022. https://www.inaturalist.orglobservations/3499228 17 ParhamentOfl)wls post, Instagram.com, July 18, 2018 (photo taken October 2015) https://www.instagram.com/p/BiSoFsBgk3E/9uhn source=ig_web_copy_link Crooked Creek Residential Subdivision 3-37 ESA 1201800195,00 Response to Comments on Public Review Dmft Apd12022 Initial Study /Mitigated Negative Declaration 3. Responses to Comments The area of the grading limits and implementation of the proposed residential fuel modification would total about five acres, less than 39% of the total Project Site area. The actual ground disturbance from grading would be 3.1 acres, 2.2 acres (71%) of which is existing disturbed habitats, none of which having mountain lion natal den potential. For these reasons, the construction of proposed Project would not represent a significant impact to mountain lions with the proposed grading limits and associated fuel modifications impacting 39% of the Project Site. Therefore, the three (3) recommended mitigation measures provided in this comment for mountain lions would not be required. Given the low probability for mountain lion to occur on the Project Site, the Project Site does not contribute to the factors affecting the survival of the species. There are no documented occurrences of mountain lion natal dens on the Project Site, and there is no potential for vehicle strike if an individual were to make use of the site, nor would the project cause intraspecific strife or cub litter abandonment. As there is no animal grazing on the property, depredation and illegal kills and poisoning with rodenticides does not apply. Although there are the potential wildfires, the proposed Project would likely reduce the potential with the addition of new fuel modification. The Southern California/Central Coast evolutionarily significant unit (ESU) of mountain lion became a Candidate species as threatened or endangered under the California Endangered Species Act (CESA), as defined in Section 2068 of the Fish and Game Code, when the California Fish and Game Commission (Commission) accepted the petition to list the species under the CESA at the Commission's April 15-16, 2020 meeting. Notification of this finding was published on May 1, 2020. The California Department of Fish and Wildlife (CDFW) was to provide a written report within one year of this publication indicating whether or not the listing under the CESA is warranted. However, at the April 14, 2021 Commission meeting, CDFW requested a six-month extension to provide the Commission with their written report, until November 3, 2021. No decision has yet been determined regarding listing status. Prior to the 2020 Candidate status for mountain lion, the species was designated by CDFW as a Specially Protected Mammal that affords some protection for the species. The Specially Protected Mammal status makes it unlawful to take, injure, possess, transport, import, or sell mountain lion except with a depredation permit. The mountain lion is considered a special -status species because of the Candidate status. The petition to list the mountain lion Southern California/Central Coast ESU was submitted by the Center for Biological Diversity and the Mountain Lion Foundation (2019). Within the petition, Chapter 6 describes factors affecting the ability of the species to survive and reproduce. These factors include low genetic diversity and inbreeding depression, vehicle strikes, depredation and illegal kills, intraspecific strife, abandonment, poisoning with rodenticides, wildfires, and climate change. Interruption of wildlife connectivity is considered to be a primary factor reducing mountain lion populations. Enhancing of habitat connectivity will help overcome many of the obstacles limiting the long-term prospects of the species in Southern California. A mitigation measure requiring a take permit when avoidance of impacts to mountain lions is not required because the California Endangered Species Act (CESA) mandates a take permit for impacts to this species. The Project applicant is required by law to comply with the CESA. Crooketl Creek Residential Subdivision 3-38 ESA / 201500195.00 Response to Comments on Public Review Cart Apd12022 Initial Slutly / Mitigaletl Negative Oeclamtion to Comments Nevertheless, the recommended mitigation measures to further reduce less than significant impacts on mountain lions have been added after the second paragraph on page 60 of the Public Review Draft IS/MND as follows: Although no special -status species was observed to be present on the Proiect site, and less than significant imnacts would occur to mountain lions and potential habitat, the following mitigation measures have been added to further reduce less than significant Project impacts to mountain lions and potential habitat. Mitigation Measure BIO-5: Due to potential habitat within the Project footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and mobilization, a qualified biologist knowledgeable of mountain lion species ecology should survey areas that may provide habitat for mountain lions to determine presence/absence and potential for natal dens. Caves and other natural cavities, and thickets in brush and timber provide cover and are used for denning. Females may be in estrus at any time of the year, but in California, most births are believed to occur in spring. Surveys should be conducted when the species is most likely to be detected, during cMuscular periods at dawn and dusk (Pierce and Bleich 2003). Survey results including negative findings should be submitted to CDFW prior to initiation of Proiect activities. The survey report should include a may of potential denning sites. The survey report should include measures, such as suspension of work until the qualified biologist can safely determine that the species has left the site, to avoid impacts to mountain lions that may be in the area as well as dens and cubs, if necessary. Mitigation Measure BIO-6: If potential habitat for natal -dens are identified during the survey required by Mitigation Measure BIO-5, avoidance of potential impacts to mountain lions, especially during spring, to protect vulnerable cubs should be implemented. Two weeks Prior to Project commencement, a qualified biologist should conduct a survey for mountain lion natal dens. The survey area should include the construction footprint and the area within 1,000 feet (or within the limits of the property line) of the Project disturbance boundaries. CDFW shall be notified within 24 hours upon location of a natal den. If an active natal den is located, during construction activities, all work shall cease. No work shall occur within a 2,000-foot buffer from an active natal den. A qualified biologist shall notify CDFW to determine the appropriate course of action. CDFW shall also be consulted to determine an appropriate setback from the natal den that would not adversely affect the successful rearing of the cubs but allow construction activities to continue. No construction activities or human intrusion shall occur within the established setback until mountain lion cubs have been successfully reared: the mountain lions have left the area; or as determined in consultation with CDFW. Crooketl Creek Residen0al Subdivision 3-39 ESA / 207800185.00 Response to Comments on Public Review Drafl Apd12022 Inidal Sludy /Mitigatetl Negative Declaration 3. Responses to Comments Mitigation Measure BI04: If "take" or adverse impacts to mountain lion cannot be avoided either during Project construction and over the life of the Project, Project proponent shall consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, 62080 et seq.) These added mitigation measures implement existing law, do not create a significant environmental impact, and/or are not necessary to mitigate an avoidable significant impact. Therefore, they do not constitute a "substantial revision" of the Public Review Draft IS/MND under CEQA Guidelines § 15073.5. With the modification to Mitigation Measure BIO-5, there is a reference that is called out. This reference is added to page 66 of the Public Review Draft EIR as follows: Pierce, B.M. and V.C. Bleich. 2003. Mountain Lion. Paces 744-757 in G. A. Feldhamer, B. C. Thompson, and J. A. Chapman, editors. Wild mammals of North America: management and conservation. Second edition. Johns Hopkins University Press, Baltimore, Maryland, USA, Comment A-12 The comment asserts that the project may impact habitat suitable for least Bell's vireo. Specifically, removal and thinning of trees within the proposed grading areas and associated fuel modification. The comment acknowledges that least Bell's vireo was not observed during field surveys but may utilize upland habitat for foraging and that Project -related noise and disturbance may reduce overall use of the site by nesting vireo. The comment recommends two mitigation measures for least Bell's vireo during the breeding season. Response to Comment A-12 The portion of Brea Canyon Channel located adjacent to the Project site consists of a cement lined, unvegetated channel. There is no nesting habitat for least Bell'S vireo that occurs on or adjacent to the Project site; therefore, the onsite upland habitat is not expected to be utilized as foraging habitat for the species. As mentioned in the Public Review Draft IS/MND, the closest potential habitat suitable for nesting least Bell's vireo is in the vegetated -portion of Brea Canyon Channel approximately 200 feet southwest of the Project site and outside any required fuel modification areas. The north end of this riparian corridor was observed to support a cluster of non-native Mexican fan palms (Washingtonia robusta), which provides marginally suitable nesting habitat for the species, which typically occurs in dense willow riparian woodland. According to the CNDDB, the nearest least Bell's vireo occurrence is located approximately 1.7 miles southwest of the Project site within Tonner Canyon. Due to the lack of suitable breeding or foraging habitat on or adjacent to the Project site, the Project is not anticipated to result in impacts to the least Bell's vireo. CDFW recommends two mitigation measures be included in the MND; these are apre- bra CDFW take permit if impacts cannot be avoided. Though not acknowledged by the comment, Mitigation Measure BIO-3 already includes the requirement for a pre -construction Crooketl Creek Resltlentlal Subdivision .i-4� ESA / 201800795.00 Response to Comments on Public Review Dtaft Apd12022 Initial SWdy/Mitigated Negative OeGamticn nesting birds survey up to 500 feet from the work area, depending on accessibility. This is consistent with the CDFW's recommended mitigation measure. A mitigation measure requiring a take permit is not required. Because least Bell's vireo is a listed species, potential impacts are not allowed without compliance with the California Endangered Species Act (CESA). The CESA requires a take permit for impacts to this species, and that take permit would need to be obtained prior to the activity that would initiate the need for such permit. The Project applicant is required by law to comply with the CESA. It should be noted that the suitable least Bell's vireo habitat within Brea Canyon Channel occurs along the heavily traveled Brea Canyon Road and SR 57 Freeway, and the existing ambient anthropogenic and vehicle noise levels near the unlined portion Brea Canyon Channel are estimated to exceed the 60 dB(a) threshold in its existing state, based on the ambient noise measurements at Castle Rock Road cul-de-sac (see Page 120 of the Public Review Draft IS/MND). If least Bell's vireos currently nest in that area, they are likely acclimated to the urban noise and conditions of the surrounding environment. Mitigation Measure BIO-3 is substantially consistent with the CDFW recommendation and is sufficient to identify any nesting species (including special -status species) within 500 feet of the proposed Project and includes recommended nest buffer distances for migratory birds (i.e., 300 feet for songbirds or 500 feet for raptors). Nonetheless, the recommended mitigation measure from the comment has been added after the second paragraph on page 60 of the Public Review Draft IS/MND as follows: Mitigation Measure BIO-8: Prior to initiation of Proiect construction and activities nor adjacent to suitable nesting habitat during least Bell's vireo breeding season (March 15 — September 151, a qualified biologist with experience surveying for least Bell's vireo shall conduct surveys following USFWS established protocols to determine whether breeding and nesting least Bell's vireos are present within 500 feet of the Proiect CDFW. The above mitigation measure restates existing law, does not create a new significant environmental impact, and /or is not necessary to mitigate a significant impact. Therefore, it does not constitute a "substantial revision" of the Public Review Draft IS/MND under CEQA Guidelines § 15073.5. Comment A-13 The comment asserts that trees that are being removed on the project may be host to specific diseases, pests or pathogens such as goldspotted oak borer, polyphagous shothole borer, sudden oak death, thousand canker fungus among others. The comment also recommends a mitigation measure requiring a certified arborist to evaluate the trees to be removed for diseases, pests before being removed and if they are so infected, the mitigation measure would also require the preparation of an infectious tree disease management plan. The comment also recommends the Crooked Creek Residendal5ubdivision 3-4t ESA/201800195.00 Response la Cammenls on Public Review Deft Apd12022 Initial Slutly /Mi6galetl Negative DeGerelion disinfection of pruning and removal tools and the retention of infected/infested plant material to prevent further spread. Response to Comment A-13 Within the Dudek tree report (Appendix D-2 of the Public Review Draft IS/MND), pre and post monitoring of the trees on site by a certified arborist or Pest Control Advisor (PCA) is recommended. The Dudek report also states "an ISA-certified arborist/licensed PCA or their representative shall be consulted because the trees may require application of insecticides to prevent the intrusion of bark -boring beetles and other invading pests. All chemical spraying shall be performed by a licensed applicator under the direction of a licensed PCA." While application of chemicals may not stop pests such as polyphagous shothole borer or thousand canker fungus, proactive monitoring, as recommend by the Dudek report, will ensure that the certified arborist or PCA or their representatives are closely monitoring the trees health and conditions. Additionally, the ESA peer review and tree report (Appendix 13-3 of the Public Review Draft IS/MND) recommends "a comprehensive tree report will need to be prepared that will describe methodology for replacement plantings, and tree protection for established and mitigation trees (before, during, and after planting)". The recommended protected replacement plan is incorporated into Mitigation Measure BIO-4. When this comprehensive tree report is prepared, it shall include information about diseases, pests or pathogens present within the site as well as a component which acts as an Infectious Disease Management Plan as identified below in the modification of Mitigation Measure BI04. If any of these diseases, pests, or pathogens are present within the coast live oak or walnut woodland present within the project, planting of replacement oaks or walnuts within an infected area may provide healthy vectors for those pests, diseases and pathogens. Subordination of infested trees may require further removal to control spread of said pest, diseases or pathogens. While removal of trees may be beneficial to reduce the source of these pest, diseases, and pathogens, this concept must be balanced with the fact that both oak and walnuts are sensitive species requiring protection and ample mitigation (as noted in Comments A-2 and A-3). It is reasonable to include a requirement for a certified arborist to evaluate on -site trees for infectious diseases within the protected tree replacement plan identified in Mitigation Measure 3I0-4. Therefore, Mitigation Measure BIO-4 on page 65 of the Public Review Draft IS/MND is modified to include the following: Mitigation Measure 13I04: Prior to the issuance of a grading permit, a protected tree replacement plan shall be submitted to the City of Diamond Bar for approval. The plan shall demonstrate at least a 3:1 in -kind replacement ratio. The protected tree replacement pIan shall be comprehensive and include the requirement for a certified arborist to evaluate trees prior to removal for infectious tree diseases including but not limited to: sudden oak death (Phvtophthora ramorum), thousand canker fun us (Geosmithia morbida), polyphagous shot hole borer (Euwallacea spp.), and goldspotted oak borer (Agrllus auro tQu tatusl The protected tree replacement plan shall incomorate provisions for disease management using best available management practices including: (1) treated infected trees before removing them from the Proiect site: (2) cleaning and disinfecting Crooketl Creek Residential Subdivision 3-42 ESA / 207800795.00 Response b Comments on Public Review Draft Apd12022 Inkiel Study/ Mftigated NegaYve Declerellon 3. Responses to Comments all pruning and power tools before and after use to prevent the introduction and/or s rp ead of pathogens: (3) and irrigation avoidance within oak tree canopies. With the removal of protected trees within the proposed grading limits that include a total of 4 coast live oaks and 58 southern California black walnuts, the Project applicant shall provide a replacement plan that includes at least 12 coast live oaks and 174 California black walnuts. The replacement trees shall include a combination of boxed trees within landscaped areas and seedlings and smaller -sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zone A. If all of the replacement trees cannot be located on the Project site, some replacement trees shall be located off -site at a location approved by the City. The protected tree replacement plan shall also provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. The above modification to Mitigation Measure BIO-4 clarifies the mitigation measure and would not substantially alter the conclusions of the Public Review Draft IS/MND. The potential impact would remain less than significant after the implementation of Mitigation Measure BIO-4. The comment recommends an update to Mitigation Measure BIO-3 to include the following language "A minimum buffer of 300 feet around active passerine (perching birds and songbirds) nests, 500 feet around active raptor nests, and 0.5 mile around active nests of a CESA or Endangered Species Act listed bird species shall be placed around an active nest". Response to Comment A-14 Mitigation Measure BIO-3 includes the comment's recommended minimum buffer of 300 feet for passerine (perching birds and songbirds) nests and 500 feet for active raptor nests. The only potentially suitable habitat for a listed species within 0.5 mile from the Project site is the riparian habitat potentially suitable for least Bell's located approximately 200 to 400 feet from SR-57. According to CNDDB, the nearest least Bell's vireo occurrence is located approximately 1.7 miles southwest of the Project site within Tonner Canyon. The commenter's concern regarding the Project's increase in construction and operational noise levels within riparian habitat up to 0.5 mile (approximately 2,600 feet) from the Project site is not substantiated given the close proximity of the existing riparian habitat to the SR-57. Out of an abundance of caution, however, the minimum buffer for the least Bell's vireo will be identified as 500 feet or as determined to be appropriate by the qualified biologist. Consequently, Mitigation Measure BIO-3 on pages 63 and 64 of the Public Review Draft IS/MND has been modified as follows. Mitigation Measure BIO-3: If removal of onsite trees and vegetation occurs during the non -nesting season (September 16 through December 31), no nesting survey or biological monitor are required. If the removal of onsite trees and vegetation occurs during the nesting season (January 1 through September 15), the Project applicant shall provide the City documentation that a qualified biologist has been retained and would conduct a preconstruction nesting survey no more than 3 days prior to the start of removal activities. The preconstruction nesting Crooked Creek Residential Subdivision 3-43 ESA / 201800795.00 Response to Comments on Publk Review Dreg Apd12022 InlHel Stutly /Mifigatetl Negative DedamSon surveys shall include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits. If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer (e.g., 300 feet for passerine (perching birds and songbirds] or 500 feet for raptors and/or as determined to be appropriate by the qualified biologist for CESA or FESA listed bird species) around the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no longer active or the nest has failed. The buffer may be modified (i.e., increased or decreased) and/or other recommendations proposed (e.g., a temporary soundwall) as determined appropriate by the qualified biologist to minimize impacts. The qualified biologist shall monitor the removal of onsite trees and vegetation. Nest buffer distance will be based on species, specific location of the nest, the intensity of construction activities, existing disturbances unrelated to the proposed Project, and other factors as determined by a qualified biologist. If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the work area and areas that are 500 feet from the work area. The above modification to Mitigation Measure BIO-3 would further reduce the identified less than significant impacts with implementation of the mitigation measure. The proposed modification would not substantially alter the less than significant with implementation of mitigation conclusion identified in the Public Review Draft IS/MND. Comment A-15 The comment states that the proposed project will convey storm water from Drainage Area A into the Brea Canyon Channel and thus requires a lake and streambed alteration agreement regulated through CDFW. The comment further states that the submittal of a Section 1600 application will require hydrology information. Response to Comment A-15 The City of Diamond Bar acknowledges that construction activities extending into the Brea Canyon Flood Control Channel would require coordination with CDFW for the potential issuance of a Section 1600 Streambed Alteration Agreement. This was also acknowledged in the Public Review Draft IS/MND. For example, Section 3.6 on page 32 of the Public Review Draft IS/MND stated that a Section 1600, Streambed Alteration Agreement may be required due to the extension of two proposed drainage lines into Brea Canyon Flood Control Channel. The extension of these two proposed storm drains are described in Section 3.4, page 30, and are illustrated in Figure 16 of the Public Review Draft IS/MND. The City of Diamond Bar also acknowledges that the CDFW Section 1600 process will require specific hydrology information to be submitted by the Project applicant. Crooked Creek Residential Subdivision 3-44 ESA/207800705.00 Response to Comments on Public Review Dreft Apd12022 Initial Sludy /Mitigated Negative Oeclaa0on to Comments Comment A40 The comment requests detections of special status species to be submitted to the California Natural Diversity Database (CNDDB), as required by CEQA. The comment asserts that the City should ensure that the data is submitted accurately, that the project development is listed as a threat, and that submittal confirmation is submitted to CDFW. Response to Comment A-16 The Ciry agrees that the project biologist should submit records of special -status species to the CDFW and CNDDB, and this recommendation has been noted, though, the Public Review Draft IS/MND concluded that no special -status species were observed on the project site. Comment A-17 The comment recommends updates to the Project's biological resources mitigation measures to include CDFW's recommendations. The comment notes that a draft Mitigation Monitoring and Reporting Plan has been attached as Attachment A of the letter. The comment also states that the City is welcome to coordinate with CDFW to review and refine the recommendations and Project's mitigation measures. Response to Comment A-17 This continent is noted and the CDFW recommended mitigation measures have been discussed above. As identified in Response to Comments A-13 and A-14, Mitigation Measures BIO-3 and BIO-4 were modified to address CDFW's comments. In addition, Response to Comments A -I I and A-12 have added Mitigation Measures BIO-5 to BIO-7 and Mitigation Measure BIO-8, respectively, to further reduce less than significant impacts and/or to implement existing laws. Chapter 5 of this Response to Comments Document includes a Mitigation Monitoring and Reporting Program as required by CEQA Comment A-18 This comment references the filing fee that is required to be paid when the Notice of Determination is filed. Response to Comment A-18 The City of Diamond Bar acknowledges that submittal of the California Department of Fish and Wildlife fee along with the filing of the Notice of Determination is required for this Project. Comment A-19 This comment includes a request for CDFW to review the responses to the comments that are provided on the Public Review Draft IS/MND. Response to Comment A49 The City of Diamond Bar intends to provide responses to those agencies and organizations that provided comments on the Public Review Draft IS/MND. In addition, when responses are provided, the City of Diamond Bar will identify the date, time and location of the public hearing that will be held by the City for the Project. Crooked Creek Residenllal Subdlvlsion 3-45 ESA / 207809'195.90 Response to Comments on Public Review Dretl Apel 2022 Initial Slutly /Mitigatetl Negative Dedaration Comment A-20 This comment recommends an updated and thorough floristic -based assessment of plant communities following CDFW's protocols for surveys and evaluating impacts. Response to Comment A-20 A discussion of the assessment of plant communities is provided in Responses to Comment A-2 and A-4. The Public Review Draft IS/MND biological resource information was prepared consistent with CDFW protocols as discussed above. Regardless of whether the Juglans californica stand is distinct from the walnut woodland community description, there are no project impacts to the Juglans californica stand. 0.1 acre of walnut woodland would be impacted by existing fuel modification implemented on the Project Site by the LA County Fire Department to protect existing homes. Table 4.4-1 is accurate as presented. There are no new sensitive natural communities on the Project site not previously described in the Public Review Draft IS/MND, and there is no change in impacts to sensitive natural communities. No new mitigation measure is required. Comment A-21 This comment states that the City shall provide compensatory mitigation for impacts for the loss of oak woodland and walnut woodlands within the fueling modification zone and grading area. Response to Comment A-21 A discussion of the habitats located on the Project site is provided in Response to Comments A-8 and A-9, see Pages 61 and 62 of the Public Review Draft IS/MND. As discussed, the proposed grading area would not impact sensitive habitat areas. Furthermore, Response to Comment A-5 includes a discussion of the Project's less than significant impact on habitats located within the proposed Fuel Modification Zones B and C. Comment A-22 This comment suggests that the tree replacement ratio for coast live oak trees and southern California black walnuts species apply to the tree species that are proposed to be removed within the grading limits as well as the trees that are not proposed to be removed within Fuel Modification Zones B and C. Response to Comment A-22 A discussion of impacts to individual coast live oak trees and southem California black walnut trees and habitats within the fuel modification zone and grading area is discussed in Response to Comment A-9. Mitigation Measure BIO-4 has been modified to address concerns regarding pests and infections, as discussed in Response to Comment A-13. Comment A-23 This comment includes a recommendation that apresence/absence survey as well as natal den avoidance for mountain lions. Crooked Creek Resldengal Subdlvlsion 3-46 ESA / 201800795.00 Response to Comments an Public Review Dreft April 2022 Inigal 9Wdy /Mitigated NegaOve Declere0on 3. Responses to comments Response to Comment A-23 See Response to Comment A-11. At the request of CDFW, Mitigation Measures BIO-5, BIO-6 and BIO-7 have been added to implement existing law and to further reduce less than significant impacts. Comment A-24 This comment refers to the Project's potential impact on least Bell's vireo. At the request of CDFW, Mitigation Measure BIO-8 has been added to implement existing law and to further reduce the less than significant impact. Response to Comment A-24 See Response to Comment A-12. Comment A-25 This comment recommends that the IS/MND include a mitigation measure to mitigate the spread of invasive pests and diseases. Response to Comment A-25 See Response to Comment A-13. Mitigation Measure BIO-4 has been revised to address the concern regarding invasive pests and diseases. Comment A-26 This comment states that CDFW has concluded that the Project would result in the alteration of a stream with the extension of the proposed storm drain pipes into the Brea Canyon Flood Control Channel. Response to Comment A-26 As discussed in Response to Comment A-15, the City of Diamond Baz acknowledges that construction activities extending into the Brea Canyon Flood Control Channel we require coordination with CDFW for the potential issuance of a Section 1600 Streambed Alteration Agreement. Comment A-27 This comment requests that that walnut woodland (Juglans californica) forest and woodland alliance be considered as the same plant community. Response to Comment A-27 Please see Response to Comment A-3 regazding the habitat that is located on the Project site. Comment A-28 This comment recommends an update to the Project's impact on sensitive plant communities. Crooketl Creek Resitlential Subtlivision .3-47 ESA / 207800795.00 Response to Comments on Public Review Dmft Aprt 2022 Initial Study /Mitigated NagatWe Declaration Comments Response to Comment A-28 See Response to Comment A4. Comment A-29 This comment requests that the final CEQA document discuss how the proposed 3:1 ratio reduces habitat impacts. Response to Comment A-29 See Response to Comment A-6. Comment A-30 This comment includes a recommendation to evaluate mountain lion territory size and use of habitat within and surrounding the Project vicinity. Furthermore, this comment requests that the Public Review Draft IS/MND be recirculated with updated information. Response to Comment A-30 Please see Response to Comment A-11. Comment A-31 This comment request that a minimum buffer of 0.5 mile be provided around active nests of a threatened or endangered listed bird species. Response to Comment A-31 Please see Response to Comment A-14. Comment A-32 The comment requests detections of special status species to be submitted to the California Natural Diversity Database (CNDDB), as required by CEQA. The comment asserts that the City should ensure that the data is submitted accurately, that the project development is listed as a threat, and that submittal confirmation is submitted to CDFW. Response to Comment A-32 Please see Response to Comment A-16, Comment A-33 This comment states that the Biological Resources mitigation measures should be updated. Response to Comment A-33 As discussed in Response to Comment A-17, Mitigation Measures BIO-3 and BIO-4 were modified to address CDFW's comments. In addition, Response to Comments A-11 and A-12 have added Mitigation Measures BIO-5 to BIO-7 and Mitigation Measure 13I0-8, respectively, to further reduce less than significant impacts and to implement existing laws. Chapter 5 of this Response to Comments Document includes a Mitigation Monitoring and Reporting Program, Crooked Creek Resitlengal5ubtlivision 3-48 ESA / 20700079h.00 Response to Comments an Public Review Droft Apd12022 Initial SWtly / MiFigatetl NegaFive Declaration Comment Letter B From: Robert Ettleman <rettleman@parks.lacounty.gov> Sent: Tuesday, November 23, 2021 2:05 PM To: Mayuko Nakajima <MNakajima@DiamondBarCA.Gov, Cc: Robert Ettleman <rettleman@parks.lacounty.gov> Subject: Crooked Creek Residential Subdivision Project MND CAUTION: This message originated outside of our City of Diamond Bar network. Hi Mayuko, Our Environmental Section Planner just informed me that they've received an MND to review/comment for the proposed Crooked Creek Residential Subdivision Project. I want to thank you and the City for your forward trail planning with the addition of the public access easement over the sidewalk and theproposed trail staging area! I understand the project is fully within the boundary of the City, but If you don't mind, I have two questions: B-1 •Are you requiring a public access easement over the proposed private street where the crosswalk is proposed to be installed? •Are you concerned that sometime in the future the public access easement over the sidewalk maybe gated and the private street also gated or are there safe guards in place to detergating? Hopefully, sometime in the near future the proposed Schabarum Extension Trail will become a reality! Robert Ettleman OHV and Non -Motorized Recreation Trail Planner County of Los Angeles Department of Parks and Recreation 1000 S Fremont Ave Unit 40, Building A-9 West, 3rdFloor Alhambra, CA 91803 1 trails.lacounty.gov (626) 588-5323 1 rettleman@parks.lacounty.gov Please note that our office is closed on Fridays HEY, TRAILS ARE MEANDERING PARKS! 3. Responses to Comments Comment Letter B: County of Los Angeles Department of Parks and Recreation - November 23, 2021 Comment B-1 This comment includes two questions: one regarding whether the City is requiring a public easement over the proposed private street where the crosswalk is proposed to be installed and the second regarding a concern in the future that the public access easement over the sidewalk may be gated and the proposed private street is gated. Response to Comment B-1 The proposed private roadway has been revised as a public roadway. Because the extension of Crooked Creek Drive right-of-way, which includes the sidewalk along the west side of the right- of-way, will be a public roadway, the dedication of the right-of-way to the City will be required as a condition of approval. As a result of the proposed revision as a public roadway, there are various revisions to the Public Review Draft IS/MND that are required to accurately identify the proposed extension of Crooked Creek Drive as a public roadway. The following revisions do not result in substantive changes to the environmental documentation provided in the Public Review Draft IS/MND. (CEQA Guidelines § 15073.5.) Page 1, second sentence of the last paragraph The Project consists of nine total lots: seven residential lots; one lot designated for the trail headar-ivate reaQ-TaT(i.e., southward expansion of Cr.oked Creek DAye)y and one lot which includes the maintenance access and approximately 10.4 acres of retained undeveloped area. Page 11, third sentence of the last paragraph The Project consists of nine total lots: seven residential lots; one lot designated for the trail head»rivate aaa... ems r. _« ... _aeikpans Fin.c--.,,1. a r,_ee1. r,_:.,07; and one lot of a . approximately 10.4 acres of retained undeveloped area; refer to Figure 3, Site Plan and Project Cross Sections Index. Page 21, Table 3-1, second to last row PublicP-rivatg Roadway (Future Crooked Creek Drive) Page 21, first and second sentences of the first paragraph The Project would include a 43-foot wide southward expansion of the existing Crooked Creek Drive which would be designated as a ublic roadway. The Project would not include a community gate but would include gtivate signage providing the identification of the neighborhood' . Crooketl Creek Resitlential Subdivision 3-Stl ESA / 201500195.00 Response to Commanls on Public Review Oreft Apn12022 Initial Sludy / Mltlgeted NegalWe Decleretlon to Comments Page 43, first paragraph The long-term development and occupancy of residences may result in new sources of light and glare primarily from interior and exterior lights on/in the seven new residential structures (consisting of the single-family residences and accessory dwelling units), and street and ambient lighting along the new puhhofkzaW streets extension. Page 107, second sentence of last paragraph The southward expansion of the exisring Crooked Creek Drive would include a 43-foot wide road, which would be designated as a pubhgfivatG roadway. Page 110, first sentence in the third paragraph under the third column The Project would include private signage uroviding the identification of the neighborhoodindie ing the ,.,.......unfity is p.: Vote per City design standards. The proposed homeowner's association would be responsible for maintenance of signage. Page 14Q second sentence of the third paragraph However, as described in Section 4.3.2 above, the Project would include a 43-foot wide southward expansion of the existing Crooked Creek Drive, which would then be designated as a pubhqroadway, Page 141, second sentence of the second paragraph This uu blicprivate access road would be intended for residents and their guests and would enhance internal circulation. Page 141, second sentence of the third paragraph Emergency access to the Project Site would be provided by a ublic southward extension of Crooked Creek Drive, as well as a maintenance access easement to the undeveloped/open space area of the Project site. Crooked Creek Residentlal Subdivision 3-51 ESA/ 207500195.00 Response to Comments on Public Review Drag April 2022 Initial Study /Mitigated NegaOve Declaration Comment Letter G COUNTY OF LOS ANGELES FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES, CALIFORNIA 90063-3294 (323) 881-2401 www.f ire.lacounly.gov "Proud Protectors of Life, Property, and the Environment" DARYL L. OSBY FIRE CHIEF FORESTER 8 FIRE WARDEN December 1, 2021 May Hakajima, Associate Planner City of Diamond Bar Planning Department 21810 Copley Drive Diamond Bar, CA 91765 Dear Ms. Hakajima: --REC6IVED CITY OF DIAMOND BAP, BOARD OF SUPERVISORS HILDA L. SOLIS FIRST DISTRICT HOLLY J. MITCHELL SECOND DISTRICT SHEILA KUEHL THIRD DISTRICT JANICE HAHN FOURTH DISTRICT KATHRYN BARGER FIFTH DISTRICT NOTICE OF AVAILABILITY/INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION, "CROOKED CREEK RESIDENTIAL SUBDIVISION," IS REQUESTING APPROVAL OF A RESIDENTIAL PROJECT THAT INCLUDES THE DEVELOPMENT OF SEVEN SINGLE-FAMILY RESIDENCES AND ASSOCIATED INFRASTRUCTURE INCLUDING A SOUTHWARD EXPANSION OF THE EXISTING CROOKED CREEK DRIVE AT A 12.9-ACRE UNDEVELOPED SITE, DIAMOND BAR, FFER 2021011829 The Notice of Availability/Intent to Adopt a Mitigated Negative Declaration has been reviewed by the Planning Division, Land Development Unit, Forestry Division, and Health Hazardous Materials Division of the County of Los Angeles Fire Department. The following are their comments: C-1 PLANNING DIVISION: We have no comments. For any questions regarding this response, please contact Kien Chin, Planning Analyst, at (323) 881-2404 or Kien.Chin aC�fire.lacountv.gov. LAND DEVELOPMENT UNIT: c-z The Land Development Unit is reviewing the proposed "CROOKED CREEK RESIDENTIAL SUBDIVISION PROJECT" for access and water requirements. The Land Development Unit's SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: AGOURA HILLS CARSON EL MONTE INGLEWOOD LAWNDALE PICO RIVERA SIGNAL HILL ARTESIA CERRITOS GARDENA IRWINDALE LOMITA POMONA SOUTH EL MONTE AZUSA CLAREMONT GLENDORA LA CANADA-FLINTRIDGE LYNWOOD RANCHO PALOS VERDES SOUTH GATE BALDWIN PARK COMMERCE HAWAIIAN GARDENS LA HABRA MALIBU ROLLING HILLS TEMPLE CITY BELL COVINA HAWTHORNE LAMIRADA MAYWOOD ROLLING HILLS ESTATES VERNON BELL GARDENS CUDAHY HERMOSA BEACH LA PUENTE NORWALK ROSEMEAD WALNUT BELLFLOWER DIAMOND BAR HIDDEN HILLS LAKEWOOD PALMDALE SANDIMAS WEST HOLLYWOOD BRADBURY DUARTE HUNTINGTON PARK LANCASTER PALOS VERDES ESTATES SANTA CLARITA WESTLAKE VILLAGI CAI ARASAS INDUSTRY PARAMOUNT WHIT -TIER May Hakajima, Associate Planner December 1, 2021 Page 2 comments are only preliminary requirements. Specific fire and life safety requirements will be addressed during the review for building and fire plan check phases. There may be additional requirements during this time. The development of this project must comply with all applicable code and ordinance requirements for construction, access, water mains, fire flows, and fire hydrants. ACCESS REQUIREMENTS: The proposed development will require multiple ingress/egress access for the circulation of traffic and emergency response issues. 2. The Fire Department recommends the southward expansion of the existing Crooked Creek Drive to provide a minimum paved width of 36 feet for parallel parking on both sides of the Fire Apparatus Access Road. 3. Dead-end Fire Apparatus Access Roads in excess of 150 feet in -length shall be provided with an approved Fire Department turnaround. The proposed expansion of the existing Crooked Creek Drive shall be equipped with a cul-de-sac bulb at the end. The proposed cukde-sac design shall comply with the City of Diamond Bar, Department of Public Works. 4. The proposed cul-de-sac sac bulb shall be provided with a 32-foot centerline turning radius. Indicate the centerline, inside, and outside turning radii for each change in direction. 5. No gates will be allowed for this project 6. Every building constructed shall be accessible to Fire Department apparatus by way of access roadways, with an all-weather surface of not less than the prescribed width. The roadway shall be extended to within 150 feet of all portions of the exterior walls when measured by an unobstructed route around the exterior of the building. 7. Fire Apparatus Access Roads must be installed and maintained in a serviceable manner prior to and during the time of construction. 8. Fire Apparatus Access Roads shall be designed and maintained to support the imposed load of fire apparatus weighing 75,000 lbs, and shall be surfaced to provide all-weather driving capabilities. Fire Apparatus Access Roads having a grade of 10 percent or greater shall have a paved or concrete surface. 9. A minimum 5400t-wide approved firefighter access walkway leading from the Fire Department Access Road to all required openings in the building's exterior walls shall be provided for firefighting and rescue purposes. Clearly identify firefighter walkway access routes on the site plan. Indicate the slope and walking surface material. Clearly show the required width on the site plan. c-z (Conti May Hakajima, Associate Planner December 1, 2021 Page 3 10. This property may be located within the area described by the Fire Department as "Very High Fire Hazard Severity Zone." A "Fuel Modification Plan" shall be submitted C-2 and approved prior to the clearance to Public Hearing. (Contact: Fuel Modification (Cont) Unit, Fire Station #32, 605 North Angeleno Avenue, Azusa, CA 91702-2904, Phone (626) 969-5205 for details and clearance) or at forestryfuelmodification@fire.lacounty.gov. Provide Verification of such requirement shall be provided prior to the clearance to the Public Hearing. WATER SYSTEM REQUIREMENTS: All fire hydrants shall measure 6"x 4"x 2-1/2" brass or bronze conforming to current AWWA standard C503 or approved equal and shall be installed in accordance with the County of Los Angeles Fire Code. 2. The required fire flow for the public fire hydrants for the proposed residential project shall comply to Table B105.1 of the Fire Code in Appendix B. The required fire flow for the public fire hydrants for single-family residential homes less than a total square footage of 3,600 feet is 1,250 gpm at 20 pounds psi residual pressure for 2 hours with one public fire hydrant flowing. Any single-family residential home 3,601 square feet or greater shall comply to Table B105A of the Fire Code in Appendix B. 4. The fire hydrant spacing shall be every 600 feet. The fire hydrants shall meet the following requirements: No portion of lot frontage shall be more than 450 feet via vehicular access from a public fire hydrant. b, Additional hydrants will be required if hydrant spacing exceeds specified distances. c. All required public fire hydrants shall be installed and tested prior to beginning of construction. An approved automatic fire sprinkler system is required for the proposed buildings within this development. Additional Fire Department requirements will be determined at further development of the site. For any questions regarding the report, please contact Inspector Claudia Soiza at (323) 890- 4243 or at Claudia Soiza aC�.fire.lacountv.gov. C-3 May Hakajima, Associate Planner December 1, 2021 Page 4 FORESTRY DIVISION — OTHER ENVIRONMENTAL CONCERNS: The statutory responsibilities of the County of Los Angeles Fire Department's Forestry Division include erosion control, watershed management, rare and endangered species, vegetation, fuel modification for Very High Fire Hazard Severity Zones, archeological and cultural resources, and the County Oak Tree Ordinance. Potential impacts in these areas should be addressed. Under the Los Angeles County Oak tree Ordinance, a permit is required to cut, destroy, remove, relocate, inflict damage or encroach into the protected zone of any tree of the Oak genus which is 25 inches or more in circumference (eight inches in diameter), as measured 4 1/2 feet above mean natural grade. If Oak trees are known to exist in the proposed project area further field studies should be conducted to determine the presence of this species on the project site. The County of Los Angeles Fire Department's Forestry Division has no further comments regarding this project. For any questions regarding this response, please contact Forestry Assistant, Nicholas Alegria at (818) 890-5719. HEALTH HAZARDOUS MATERIALS DIVISION: The Health Hazardous Materials Division of the Los Angeles County Fire Department has no comments or requirements for the project at this time. Please contact HHMD senior typist -clerk, Perla Garcia at (323) 890-4035 or Perla.aarcia c0fire.lacounty.gov if you have any questions. If you have any additional questions, please contact this office at (323) 890-4330. Ve�iry-.ter-uly�yours, 1 L�� RONALD M. DURBIN, CHIEF, FORESTRY DIVISION PREVENTION SERVICES BUREAU RMD:ac C-a c-s c-s 3. Responses to Comments Comment Letter C: County of Los Angeles Fire Department - December 6, 2021 Comment C-1 This comment states that the MND has been reviewed by the Planning Division, an Development Unit, Forestry Division, and Health Hazardous Materials Division of the County of Los Angeles Fire Department. This comment states that the Planning Division has no comments. Response to Comment C-1 Thank you for your review of the Public Review Draft IS/MND. Comment C-2 The Land Development Unit reviewed the Project for access and water requirements and stated that the comments were only preliminary at this time. There are 10 individual access comments provided as follows: 1. The Project would be required to provide multiple ingress/egress access for the circulation of traffic and emergency response issues. 2. The Fire Department recommends the southward expansion of the existing Crooked Creek Drive to provide a minimum width of 36 feet for parallel parking on both sides of the Fire Apparatus Access Road. 3. Dead-end Fire Apparatus Access Roads in excess of 150 feet in length shall be provided with an approved Fire Department turnaround. The proposed expansion of the existing Crooked Creek Drive shall be equipped with a cul-de-sac bulb at the end. The proposed cul-de-sac design shall comply with the City of Diamond Bar Department of Public Works. 4. The proposed cut -de -sac bulb shall be provided with a 32-foot centerline turning radius. 5. No gates will be allowed for the Project. 6. Every building constructed shall be accessible to Fire Department apparatus by way of access roadways, with an all-weather surface of not less than the prescribed width. The roadway shall be extended to within 150 feet of all portions of the exterior walls when measured by an unobstructed route around the exterior of the building. 7. Fire Apparatus Access Roads must be installed and maintained in a serviceable manner prior to and during the time of consttucrion. Crooked Creek Resitlendal Subdivision 3-Sti ESA / 201500195.00 Response to Comments an Public Review Dred April 2022 Initial SNdy / Mldgated Negative Declaratlon Comments 8. Fire Apparatus Access Roads shall be designed and maintained to support the imposed load of fire apparatus weighing 75,000 pounds and shall be surfaced to provide all- weather driving capabilities. Fire Apparatus Access Roads having a grade of 10 percent or greater shall have a paved or concrete surface. 9. A minimum 5-foot-wide approved firefighter access wallcway leading from the Fire Department Access Road to all required openings in the building's exterior walls shall be provided for firefighting and rescue purposes. Clearly identify firefighter walkway access routes on the site plan. Indicate the slope and walking surface material. 10. The Fire Department notes that the Project site is located in an area designated as "Very High Fire Hazard Severity Zone". A Fuel Modification Plan will be required to be submitted and approved prior to the clearance to public hearing. Response to Comment C-2 The City of Diamond Bar has noted the preliminary comments regarding access, proposed gate, and fuel modification received from the Land Division Unit. Responses to each of the 10 access comments are provided as follows and the responses to each numbered comment has a corresponding response number below. 1. This access comment identified a requirement for multiple ingress/egress access for circulation of traffic and emergency response. The primary access to the project site is Crooked Creek Drive south of Gold Run Drive. There are multiple ingress/egress access to the Crooked Creek Drive and Gold Run Drive intersection. Access to this intersection can be obtained with the use of Brea Canyon Road to Silver Bullet Drive to Castle Rock Road to Gold Run Drive. Access to the Crooked Creek Drive and Gold Run Drive intersection can also be obtained with the use of Diamond Bar Boulevard to Cold Spring Lane to Ambushers Street to Crooked Creek Drive. An additional access to the Crooked Creek Drive and Gold Run Drive intersection from Diamond Bar Boulevard can be obtained with the use of Cold Springs Lane to Barbi Lane to Hawkwood Road to Running Branch Road to Gold Run Drive. 2. This access comment recommends a minimum paved width of 36 feet for parallel parking on both sides of the Fire Apparatus Access Road which is Crooked Creek Drive. As discussed on page 21 of the Public Review Draft IS/MND, Crooked Creek Drive will include a width of 43 feet. Within the 43 feet of width, there will be 36 feet of paved roadway, 0.5 foot of curb on both sides of the road and a 6-foot wide sidewalk on the west side of the paved roadway. Parking will only be allowed on the west side of Crooked Creek Drive as well as the east side adjacent to Lot I 3. This access comment requires dead end Fire Apparatus Access Road (i.e., Crooked Creek Drive) in excess of 150 feet in length to be provided with an approved Fire Department turnaround at the proposed Crooked Creek Drive cul-de-sac and a cul-de-sac design that complies with the City of Diamond Bar Department of Public Works. The proposed Creoketl Creek ResitlenUal Subtlivision 3-57 ESA / 201800195.90 Response to Comments on Public Review Dreft Apri12022 Initial SNdy /Mlligaled Negative Declemtion ��m Crooked Creek Drive cul-de-sac includes a design that provides adequate turnaround for Fire Department apparatus and complies with City requirements. 4. This access comment states that the proposed cul-de-sac bulb shall be provided with a 32- foot centerline turning radius. Figure 10 in the Public Review Draft IS/MND identifies a cul-de-sac bulb radius of 32 feet. 5. This access comment states that no gates will be allowed for the project. As stated on page 21 in Section 3.4.2 of the Public Review Draft IS/MND, the project would not include a community gate along Crooked Creek Drive, 6. This access comment states that all portions of proposed exterior walls shall be located within 150 feet of the access roadway. Based on a discussion with Los Angeles County Fire Department staff (Jason Wiens, Fire Prevention Engineer) on April 5, 2022, a portion of the driveway on Lot 7 will be required to be constructed for Fire Department apparatus access so that the backyard exterior walls would be within 150 feet of the access. Exterior walls on all other lots are designed to be located within 150 feet of the extension of Crooked Creek Drive, 7. This access comment states that Fire Apparatus Access Roads must be installed and maintained in a serviceable manner prior to and during the time of construction. The proposed project includes grading the proposed lots and the extension of Crooked Creek Drive. The roadway is planned to be constructed prior to the construction of any of the proposed residential units. 8. This access comment states that the Fire Apparatus Access Road (Crooked Creek Drive) shall be designed and maintained to support fire apparatus weighing 75,000 pounds and shall be surfaced to provide all-weather driving capabilities. The extension of Crooked Creek Drive will be a public street and is designed to specifications required by the City for public streets. These specifications include fire apparatus weighing 75,000 pounds and surfaced to provide all-weather driving capabilities. The proposed Crooked Creek Drive is designed to include an elevation grade of less than 10 percent. 9. This access comment states that a minimum 5-foot-wide approved firefighter access walkway leading from the Fire Department Access Road (Crooked Creek Drive) to all required openings in the building's exterior wall shall be provided. As shown in Figure 3 of the Public Review Draft IS/MND, all exterior areas of each of the proposed residential structures includes a minimum of a 5-foot-wide pathway around the residential structures. 10. This access comment states that a Fuel Modification Plan is required because the site is located within a "Very High Fire Hazazd Severity Zone". Subsequent to the City receiving comments, the County of Los Angeles Fire Department Land Development Unit recommended that the Project proceed to public hearing with the understanding that there were required conditions related to water system requirements and specifically related to fire hydrants. The Land Division Unit provided approval of access and fire Crooked Creek Residential Subdivision 3-58 ESA/ 201800195.00 Response to Comments on Public Review Craft Apd12022 Initial Study / Mitigated Negative Declaration 3. Responses to Comments hydrant locations as provided in Attachment A of this Response to Comments Document. A fuel modification plan (FMP) is provided in Appendix O of the Public Review Draft IS/MND. As discussed in Section 4.20 (b) of the Public Review Draft IS/MND, the ,AI D reviewed the location of structures, type of construction, topography, slope, amount and arrangement of vegetation and overall site setting. As stated in its August 27, 2021 letter (located in Appendix O of the Public Review Draft IS/MND), LACFD determined that the FMP provided the necessary defensible space necessary for effective fire protection of the homes proposed on the Project site. Comment C-3 There are five individual comments related to water system requirements for the Project from the ,and Development Unit as provided below. 1. All fire hydrants shall measure 6"x4"x2-1/2" brass or bronze conforming to current AW WA standard C503 or approved equal and shall be installed in accordance with the County of Los Angeles Fire Code 2. The required for flow for the public fire hydrants for the proposed residential project shall comply to Table B 105.1 of the Fire Code in Appendix B. 3. The required fire flow for the public fire hydrants for single-family residential homes less than a total square footage of 3,600 feet is 1,250 gallons per minute (gpm) at 20 pounds per square inch (psi) residual pressure for 2 hours with one public fire hydrant flowing. Any single-family residential home 3,601 square feet or greater shall comply to Table 105.1 of the Fire Code in Appendix B. 4. The fire hydrant spacing shall be every 600 feet. The fire hydrants shall meet the following requirements a. No portion of the lot frontage shall be more than 450 feet via vehicular access from a public fire hydrant. b. Additional hydrants will be required if hydrant spacing exceeds specified distancesI c. All required public fire hydrants shall be installed and tested prior to beginning of construction. approved automatic fire sprinkler system is required for the proposed buildings within the proposed development. Response to Comment C-3 The City of Diamond Bar has noted the additional comments related to water system requirements. These conditions relate to type of hydrants, required fire flow for the hydrants, the fire hydrant spacing and indoor automatic sprinkler systems. Responses to each of the five water Crooked Creek Residential Subdivision 3-59 ESA / 201800195.00 Response to Comments an Public Review Draft ApHl 2022 Initial Study /Mitigate ! Negative Declaration 3. Responses to Comments system comments are provided as follows and the responses to each numbered comment has a corresponding response number below. 1. This water system comment states that all fire hydrants shall conform to AW WA standard C503 or approved equal and installed in accordance with the County of Los Angeles Fire Code. The City and the applicant understand the requirements for the provision of fire hydrants and will comply with County of Los Angeles Fire Code, 2. This water system comment states that the required fire flow for the public fue hydrants for the project shall comply with Table B105.1 of the Fire Code in Appendix B. The City and the applicant understand the requirements for the provision of fire flow for the project and will comply with County of Los Angeles Fire Code. 3. This water system comment states that specific fire flow for residential units with square footage over and under 3,600 square feet. The City and the applicant understand the requirements for the provision of fire flow for the project and will comply with County of Los Angeles Fire Code, 4. This water system comment states that fire hydrant spacing shall be every 600 feet and meet specific requirements. The County of Los Angeles Fire Department has approved the proposed locations of the fire hydrants as shown in Appendix A of this Response to Comments Document, 5. This water system comment states that an approved automatic fire sprinkler system is required for the proposed residential buildings. As discussed in Section 3.4.5 on page 23 of the Public Review Draft IS/MND, the Project includes interior fire sprinklers within each residence. Comment C-4 This comment states that the statutory responsibilities of the County of Los Angeles Fire Department's Forestry Division include erosion control, watershed management, raze and endangered species, vegetation, fuel modification for Very High Fire Hazard Severity Zones, archaeological and cultural resources and the County Oak Tree Ordinance. The comment further requests that these issue areas should be addressed. Response to Comment C-4 Each of the issue areas identified above have been addressed within the Public Review Draft IS/MND. Erosion control is addressed in Section 4.7(b), 4.10(a), and 4.10(c)(i) of the Public Review Draft IS/MND. Watershed Management is addressed in Section 4.10(c) and Section 4.10(a) related to stormwater and drainage on and offsite within the Public Review Draft IS/MND. Rare and endangered species and vegetation is discussed in Section 4.4 of the Public Review Draft IS/MND. Fuel modification as well as the site's current designation as a Very High Fire Hazard Severity Zone is discussed in Section 4.20 of the Public Review Draft IS/MND. Archaeological and cultural resources are discussed in Section 4.5 of the Public Review Draft Crooketl Creek Resitlenllal Subtlivisbn 3-6� ESA / 201800195.00 Response to Comments on Public Revlew Draft Apd12022 IniOal Study / MiOgated Negative Declaration 3. Responses to Comments IS/MND. Therefore, each of the requested issues to be addressed have been evaluated in the Public Review Draft IS/MND. Comment C-5 This comment states that the Project is required by the Los Angeles County Oak Tree Ordinance to obtain a permit to cut, destroy, remove, relocate, inflict damage or encroach into the protected zone of any tree of the Oak genus which is 25 inches or more in circumference (eight inches in diameter) as measured 4 1/2 feet above mean natural grade. The comment further states that if oak trees are known to exist in the proposed project area further field studies should be conducted to determine the presence of this species on the project site. Response to Comment C-5 Oak trees as well as other native trees that are classified as protected are located on the Project site. As a result, an Arborist Report that included field studies was prepared as discussed on page 64 of the Public Review Draft IS/MND. As discussed in Table 4.4-2 on page 65 of Section 4.4 (e) of the Public Review Draft IS/MND, the project would remove 4 coast live oak trees that meet the City of Diamond Bar Tree Preservation and Protection requirements of protected trees that are over 8-inches in diameter at breast height which is consistent with the Los Angeles County Oak Tree Ordinance. As identified in Section 3.6, Project Approvals, of the Public Review Draft IS/MND, a Tree Permit is required for the removal of protected trees. This permit includes the removal of native oak trees as well as native walnut, sycamore and willow trees with a diameter at breast height of eight inches or greater in accordance with the City of Diamond Bar Title 22, Article III, Chapter 22.38: Tree Preservation and Protection. Comment C-6 This comment states that the Health Hazardous Materials Division of the Los Angeles County Fire Department has no comments or requirements for the Project at this time. Response to Comment C-6 Thank you for your review of the Public Review Draft IS/MND. Crooketl Creek Residential Subdivision 3-61 ESA / 201800195.00 Response to Comments on Public Review Drofl Apd12022 Inillel Study /Mi0gatetl Negative Oeclaadon Comment Letter D Robert C. Ferrante LOS ANGELES COUNTY Chief Engineer and General Manager PAMMM SANITATION DISTRICTS 1955 Workman Mill Road, Whittier, CA 90601-1400 iv Converting Waste Into Resources Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998 (562) 699-7411 • www.lacsd.org Ms. Mayuko Nakajima, Associate Planner City of Diamond Bar, Planning Division 21810 Copley Drive Diamond Bar, CA 91765 Dear Ms. Nakajima: December 15, 2021 Ref. DOC 6371985 NOI Resuonse to Crooked Creek Residential Subdivision The Los Angeles County Sanitation Districts (Districts) received a Notice of Intent (NOI) to Adopt a Mitigated Negative Declaration (MND) for the subject project on November 12, 2021. The proposed project is located within the jurisdictional boundaries of District No. 21. We offer the following comments regarding sewerage service: Section 4.19 Utilities and Service Systems, Wastewater, page 148: The fast paragraph under the Wastewater subsection provided information about the San Jose Creek Water Reclamation Plant and stated that "The LACSD wastewater system is structured such that wastewater that is not needed to satisfy recycled water demands bypasses tertiary treatment and flows directly to the Joint Water Pollution Control Plant (JWPCP)." Please update the information to "The wastewater that is not treated at the San Jose Creek Water Reclamation Plant is bypassed to the Joint Water Pollution Control Plant (JWPCP) for treatment." 1�3i1 2. The wastewater flow originating from the proposed project will discharge to a local sewer line, which is not maintained by the Districts, for conveyance to the Districts' Diamond Bar Trunk Sewer, located in Brea Canyon Road at Via Sorella. The Districts' 18-inch diameter trunk sewer has a capacity of 12.3 million D-2 gallons per day (mgd) and conveyed a peak flow of 3.4 mgd when last measured in 2014. 3. The wastewater generated by the proposed project will be treated at the San Jose Creek Water Reclamation Plant (WRP) located adjacent to the City of Industry, which has a capacity of 100 mgd and currently processes an average flow of 61.2 mgd. All biosolids and wastewater flows that exceed the capacity of D-3 the San Jose Creek WRP are diverted to and treated at the Joint Water Pollution Control Plant (JWPCP) in the City of Carson. 4. The expected average wastewater flow from the project site, described in the MND as 7singIe-family homes, 5 of which include an ADU each, is 2,600 gallons per day. For a copy of the Districts' average wastewater generation factors, go to www.lacsd.org, under Services, then Wastewater Program and D-4 Permits, select Will Serve Program, and scroll down to click on the Table 1, Loadings for Each Class of Land Use link. 5. The Districts are empowered by the California Health and Safety Code to charge a fee to connect facilities (directly or indirectly) to the Districts' Sewerage System or to increase the strength or quantity of wastewater discharged from connected facilities. This connection fee is used by the Districts for its capital D-5 facilities. Payment of a connection fee may be required before this project is permitted to discharge to the Districts' Sewerage System. For more information and a copy of the Connection Fee Information Sheet, go DOC 6397989.D21 Ms. Mayuko Nakajima December 15, 2021 to www.laesd.org, under Services, then Wastewater (Sewage) and select Rates & Fees. In determining the impact to the Sewerage System and applicable connection fees, the Districts will determine the user category (e.g. Condominium, Single Family home, etc.) that best represents the actual or anticipated use of the D-5 parcel(s) or facilities on the parcel(s) in the development. For more specific information regarding the (Cont) connection fee application procedure and fees, the developer should contact the Districts' Wastewater Fee Public Counter at (562) 908-4288, extension 2727. 6. In order for the Districts to conform to the requirements of the Federal Clean Air Act (CAA), the capacities of the Districts' wastewater treatment facilities are based on the regional growth forecast adopted by the Southern California Association of Governments (SCAG). Specific policies included in the development of the SCAG regional growth forecast are incorporated into clean air plans, which are prepared by the South Coast and Antelope Valley Air Quality Management Districts in order to improve air quality in the South Coast and Mojave Desert Air Basins as mandated by the CAA. All expansions of Districts' facilities must be sized and service phased in a manner that will be consistent with the SCAG regional growth forecast for the counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available capacity of the Districts' treatment facilities will, therefore, be limited to levels associated with the approved growth identified by SCAG. As such, this letter does not constitute a guarantee of wastewater service, but is to advise the developer that the Districts intend to provide this service up to the levels that are legally permitted and to inform the developer of the currently existing capacity and any proposed expansion of the Districts' facilities. If you have any questions, please contact the undersigned at (562) 908-4288 extension 2743 or mandvhuffman(a,lacsd. ore. Very truly yours, Mandy Huffman Environmental Planner Facilities Planning Department MNH:mnh D-6 DOC 6397989.D21 Very truly yours, Mandy Huffman Environmental Planner Facilities Planning Department MNH:mnh D-6 DOC 6397989.D21 3. Responses to Comments Comment Letter No. D: Los Angeles County Sanitation Districts - December 15, 2021 Comment D-1 This comment requests a clarification regarding information in the Public Review Draft IS/MND about the San Jose Creek Water Reclamation Plant. Response to Comment D-1 Thank you for reviewing the Public Review Draft IS/MND. The City of Diamond Bar acknowledges the recommended modification. The seventh sentence of the first paragraph under Wastewater on page 148 of the Public Review Draft IS/MND is revised as follows: The LACSD wastewater system is structured such that wastewater that is not treated at the SJCWRP is needed to satisfy roeyeled water demands bypasses iertiary treatment and flows direedy bypassed to the Joint Water Pollution Control Plant (JWPCP) for treatment. Comment D-2 This comment states that wastewater originating from the Project site will ultimately be conveyed to the LACSD's Diamond Bar Trunk Sewer located in Brea Canyon Road at Via Sorella. The comment further states that the trunk sewer has a capacity of 12.3 million gallons per day (mgd) and a peak flow of 3.4 mgd when last measured in 2014. Response to Comment D-2 This comment is noted. Comment D-3 This comment states that wastewater generated by the Project will be treated at the San Jose Creek Water Reclamation Plant (WRP). The WRP has a capacity of 100 mgd and currently processes an average flow of 61.2 mgd. Response to Comment D-3 This comment acknowledges that more is substanual treatment capacity at the WRP. Therefore, the Project's contribution of approximately 0.008 mgd is nominal and would not require construction of additional wastewater treatment infrastructure. i ti N � t � -, This comment states that the expected average wastewater flow from the Project is approximately 2,600 gallons per day. Response to Comment D4 This comment regarding the expected average wastewater flow from the Project is noted. As discussed in Section 4.19 (a) of the Public Review Draft IS/MND, the anticipated wastewater flow from the Project was estimated to be approximately 0.008 mgd (8,000 gallons per day). The Crooked Creek Residential Subdivision 3-64 ESA / 201800195.00 Response to Comments on Public Review Oran April 2022 Inkial Stutly / Miligaletl Negative �eclamtion to Comments City acknowledges that the daily wastewater flow provided in the Public Review Draft IS/MND is a worst -case estimate. Comment D-5 This comment identifies the requirement to pay a fee to connect to the LACSD's sewer system. Response to Comment D-5 The City of Diamond Bar acknowledges that the applicant will be required to submit payment of a fee for an indirect connection to the LACSD's sewer system. Comment D-6 This comment states that available capacity of the LACSD's treatment facilities will be limited to levels associated with the approved growth identified by the Southern California Association of Governments. Response to Comment D-6 Because the Project is considered consistent with the SCAG regional growth forecast for Los Angeles County, treatment capacity is expected to be available for the Project. Crooked Creek Resitlen8al Subtlivlslon 3-65 ESA/207800195.00 Response to Comments on Public Review Dreg Apol 2022 IniOal Stutly /Mifigatetl Negative Declaration Comment Letter E %0 % % i ft� I RESPONSIf3L! I December 20,2021 Mayuko Nakajima -associate planner MNakaj imaAdiamondbarca. gov www.responsiblela nduse.org Subject: Crooked Creek Residential Subdivision, Mitigated Negative Declaration, SCH #2021110140, City of Diamond Bar, Los Angeles County Summary comments. Responsible Land Use expresses to go on the record as fully supporting the evaluation, assessment and recommendations of the comments submitted for this project, issued by the California Department of Fish and Wildlife. We respectfully to be updated on the progress of this proposed project via email. We look forward participating in reaching best practice and mitigation for Crooked Creek. Sincerely R Lee Paulson President E-1 21919 Santaquin Drive, Diamond Bar, CA 91765 • 909.763.8406 to Comments Comment Letter No. E: Responsible Land Use — December 2u, 2021 Comment E4 This comment references the comments provided by the California Department of Fish and Wildlife in Comment Letter A and requests to be updated on the progress of the project via email. Response to Comment E-1 For responses to each of the comments provided by the California Department of Fish and Wildlife, please see Response to Comments A-1 through A-32. The City of Diamond Bar intends to provide responses to those agencies and organizations that provided comments on the Public Review Draft IS/MND. In addition, when responses are provided, the City of Diamond Bar will identify the date, time and location of the public hearing that will be held by the City for the Project. The City will provide responses and hearing notification to the commenter via email. Crooked Creek Resltlengal Subtlivision 3-6% ESA/207800195.00 Response to Comments on Public Review Dmft April 2022 Initial SWdy Rv7ifigated Negative DeGaretlon Comment Letter F December 20, 2021 Mayuko Nakajima City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 MNakaiima(cDdiamondbarca. Electronically Delivered Subject: Crooked Creek Residential Subdivision, Mitigated Negative Declaration, SCH #20211101409 City of Diamond Bar, Los Angeles County Dear Ms, Nakajima: The Diamond Bar - Pomona Valley Sierra Club conservation group is grateful for the opportunity to comment on the Initial Study/Mitigated Negative Declaration (MND) from the City of Diamond Bar (City; Lead Agency) for the Crooked Creek Residential Subdivision (Project). New Bridge Homes is the Project Applicant, proposing the project. F-1 Local Sierra Club's Role Diamond Bar - Pomona Valley Sierra Club task force is a local conservation entity, answering to the Angeles Chapter. We serve the community by collaborating with and providing liaison to multiple conservation allies and agencies, in efforts to reach best conservation land use practices. We focus on California natural habitats and open spaces, watersheds, water and nature -based climate solutions. These goals are reached through liaison, education and advocacy. Our task force has monitored, advocated and spoken to the Crooked Creek project since 2017. Summary Conclusion & Recommendation The purpose of an initial study, mitigated negative declaration is to accurately identify the ecological traits of the project site in order to address and mitigate potential F-2 impacts - which are effective and promote conservation. If the initial study does not fully and accurately identify the ecology, there may be no functional mitigation actions. We regret to deem the present draft of the IS/MND as inadequate and in need of revision and recirculation for the following reasons: 1. Inadequate disclosure of impacts on sensitive plant communities Issue: The CDFW comments on this IS/MND indicate their 2018 Protocol Survey F-3 Instructions do not appear to have been employed for this project. We agree and are concerned that sensitive plant communities, including Southern coast live oak (Quercus agrifolia) and California black walnut (Juglans californica), are not adequately identified and disclosed in the MND. The California Natural Diversity Database 2019 report indicates many sensitive species close to and perhaps affecting the Crooked Creek project area. See attached map. F-3 (Cont) Natural community alliances are not mentioned adequately in the MND and should be corrected in order to achieve proper mitigation plans. 2. Landscape Map, Page 25, Figure 13, indicates walnut tree plantings too close to housing, presenting a fire hazard. The overall distribution of the walnut and oak mitigation plantings are located in areas where annual Los Angeles County Fire crews F4 disc for fuel modification. How will this dilemma be reconciled? Recommendation: The developer should redesign the landscape plan to be more skillful and fire ready. 3. IS/NND page 59 states: "The Project site does not possess any characteristics that would indicate a locally significant stopover point for migratory species including raptors or waterfowl. No known wildlife movement corridors occur within the Project Brea. " ate? The site is adjacent to Brea/Coyote Question: What is the scientific evidence this statement is accur reek and SEA 15, a mapped sensitive ecological area. The parcel hosts southern coast live oak/walnut F-5 woodland - oaks are "keystone" species - one tree functions to support over one thousand species. Please explain how the MND concludes the project site has no characteristics that support wildlife circulation or Stopover. 4. Air Quality -Carbon Sequestration Fs Issue: Science indicates natural woodland for air quality. Grading activities as well as and other toxins into the air. inction of Soils and Oak Woodland and soils, sequester carbon - which is good mature woodland removal, release carbon Oak trees have the ability to both store atmospheric carbon dioxide(CO2) and release CO2 back into the atmosphere when killed. Thus two CO2 biological emission impacts must be considered for CEQA review. Additionally, CEQA significant oak woodland biological effects are the sum of carbon emission impacts and wildlife habitat impacts. This intrinsic duality is the focal point for CEQA oak woodlands biological analysis and mitigation. Refer to the CDFW data about this assertion, Question: This evaluation is missing from the MND air quality assessment. Please correct this oversight. Question: Annual Fuel Modification operations will increase fugitive dust. How will the additional fugitive dust be mitigated? 5. Hydrology: Stormwater Drainage Directed to Brea Creek The plans indicate stormwater drainage will directly empty into Brea Canyon Creek. Question: What are the filtering measures to be used and/or how will the runoff be mitigated and managed in the future? Comment: We request notification when Stream bed permit 1600 is approved and awarded to the developer. Thank you. F-6 6. Annual Fuel Modification Operations, Discing, Actually Causes Weed Growth and Soil Degradation, The MND omits information about the annual discing enacted on the property. This affects vegetation conditions and should be disclosed. The annual practice of "weed abatement' via discing is scientifically proven to be F a ineffective and damaging to soils. Question: Will the developer and land owner consider negotiating a more effective and sustainable, long term mitigation practice for restoration of an intact habitat to reduce weeds and fire risk? Refer to CDFW recommendations. 7. Wildfire Risk &Mitigation There is no cogent, detailed discussion about Very High Wildfire Hazard Severity which exists in this area. Climate extremes, which presently exist, are connected to a higher wildfire risk - requiring the latest, scientific input on this matter. Question: Will the property owner inform future property buyers of this risk. The F-s developer should provide more detailed fire escape and emergency plans. Afire mitigation plan should be developed in collaboration with the fire agencies, residents and the California Native Plant Society so to clarify a "fire -ready" landscape pallet, proper clearance and emergency exits in case of fire. 8. Recreation, Initial Study Incorrectly Identifies Trail Access Though the proposed plan discusses potential for Crooked Creek Trail Head, the topography does not provide public access or parking. Please provide a Figure and description of the proposed mitigation plus a link or reference to a proposed Shabarum F-10 Trail, Correction: The MIND incorrectly describes recreational opportunities as hiking on the adjacent Firestone property. The City of Industry, former Firestone property is private and not accessible. Overall Comment The Diamond Bar -Pomona Valley Sierra Club has carefully studied the written comments and recommendations of the California Department of Fish and Wildlife, signed by Erinn Wilson-Olgin, for this project. We whole heartedly agree with the CDFW conclusions and recommendations. We concur and ask the developer to resubmit a more completely described IS/MND, and recirculate it to the public. We continue to support the study and adherence to the best science which supports biodiversity and conservation practices that sustain California landscapes. Conclusion We appreciate the opportunity to comment on the Project to assist the City of Diamond F-12 Bar in adequately analyzing and minimizing/mitigating impacts to reach best conservation land use. We are here to offer environmental literacy, ecological understanding and collaboration regarding this project. Respectfully, C. Robin Smithchair Diamond B, ar = Pomona Valley Sierra Club Task Force DBPVSierraClubTaskForce(&gmail. com 951-675-6760 SIERRA CLUB cc: Sierra Club, Angeles Chapter Director, Morgan Goodwin CDFW Erinn Wilson-Olgin, Los Alamitos Sawyer, J. O., Keeler -Wolf, T., and Evens J.M. 2009. A Manual of California Vegetation, 2nd ed. ISBN 97&0-943460-49-9. State of California — Natural Resources Agency Governor DEPARTMENT OF FISH AND WILDLIFE Director www.wildlife.ca.¢ov GAVIN NEWSOM, CHARLTON H. BONHAM, Attachment A: Draft Mitigation and Monitoring Reporting Plan CDFW recommends the following language to be incorporated into a future nvironmental document for the Project Biological Resources (BIO) Mitigation Measure (MM) or Recommendation (REC) Timing Responsi ble Part y The City shall provide an updated and thorough floristic -based assessment of plant communities, following CDFW's Protocols for City of MM-BI0-1 — Survevina and Evaluating Impacts to Special Prior to Diamon Status Native Populations and Sensitive Plant finalizing d Bar/ Natural Communities. All sensitive natural Survey CEQA Project communities shall be mapped at the document Applica association level for project level maps subject nt to environmental review. The CEQA document shall adequately present the sensitive plant communities through data, mapping, and description of impacts. The City shall provide compensatory mitigation for impacts on individual trees and acres of coast live oak and southern California black walnut within the fueling modification zone and City of MM-BIO-2 — grading area. The City shall update the MND Prior to Diamon Updated where applicable to clearly state the Project finalizing d Bar/ Mitigation would replant 339 southern California black CEQA Project walnut trees and 120 coast live oak trees. The document Applica City shall also update the MND where nt applicable to clearly state the Project would replace impacted acreage at a minimum of 6.3 acres of coast live oak woodland and 0.3 acres of southern California black walnut woodland. Mitigation Measure B10-4: Prior to the issuance of a grading permit, a protected tree Prior to City of MM-BI0-3 — replacement plan shall be submitted to the the CityDiamon Mitigation City of Diamond Bar for approval. The plan d Bar/ Measure shall demonstrate at least a 3:1 in -kind issuing construc Project BI0.4 replacement ratio for individual trees and tion Applica Replacement acres. The total amount of protected trees related nt Plan within the proposed grading limits and fuel permits modification zones includes 40 coast live oak and 113 southern California black December 17, 2021 walnut. The Project applicant shall provide a replacement plan that includes a minimum of 120 coast live oaks and 339 southern California black walnuts. The grading limit and fuel modification zones within the Project site include 2.1 acres of coast live oak woodland and 0.1 acre of southern California black walnut woodland. The Project applicant shall also include replacement for impacted acreage into the replacement plan. The total replacement for impacted acreage shall include at minimum 6.3 acres of coast live oak woodland and 0.3 acres of southern California black walnut woodland. The replacement trees and acreage shall include a combination of boxed trees within landscaped areas and seedlings and smaller -sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zones. If all of the replacement trees cannot be located on the Project site, some replacement trees shall be located off -site at a location approved by the City. The protected tree replacement plan shall also provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. Due to potential habitat within the Project footprint, within one year prior to Project implementation that includes site preparation, equipment staging, and mobilization, a CDFW- approved biologist prior to knowledgeable of mountain lion species AM-BIO-4 — ecology shall survey areas that may ground ound Pro Mount provide habitat for mountain lion to di turbi ject ain determine presence/absence and ngAp Lion potential for natal dens. Caves and other activitie s and plic Surve natural cavities, and thickets in brush and and t ant y timber provide cover and are used for vegetIon denning. remova Females may be in estrus at any time of the I year, but in California, most births probably occur in spring. Surveys shall be conducted when the species is most likely to be detected, during crepuscular periods at dawn and dusk. Survey results including negative findings shall be submitted to CDFW prior to initiation of Project activities. The survey report shall include a December 17, 2021 map of potential denning sites. The survey report shall include measures to avoid impacts to mountain lions that may be in the area as well as dens and cubs, if necessary. If potential habitat for natal -dens are identified, CDFW recommends fully avoiding potential impacts to mountain lions, especially during spring, to protect vulnerable cubs. Two weeks prior to Project implementation a CDFW-approved biologist shall conduct a survey for mountain lion natal dens. The survey area Prior to MM-BIO-5 — shall include the construction footprint and ground Pro Mount the area within 2,000 feet (or the limits of disturbi ject ain the property line) of the Project ng Ap Lion disturbance boundaries. CDFW should be activitie plic Natal notified within s and ant Den 24 hours upon location of a natal den. If an vegetat Avoid active natal den is located, during ion ance construction activities, all work should remove cease. No work should occur within a I 2,000-foot buffer from a natal den. A qualified biologist shall notify CDFW to determine the appropriate course of action. CDFW shall also be consulted to determine an appropriate setback from the natal den that would not adversely affect the successful rearing of the cubs. No construction activities or human intrusion shall occur within the established setback until mountain lion cubs have been successfully reared; the mountain lions have left the area; or as determined in consultation with CDFW. MM-13I0-6 — If "take" or adverse impacts to mountain California lion cannot be avoided either during Prior Pro Endanger Project construction and over the life of to and ed the Project, Project proponent shall during ject Species consult CDFW and must acquire a CESA Projec Ap Act Incidental Take Permit (pursuant to Fish & t alnt (CESA)- Game Code, § 2080 et seq.). activiti Mountain es Lion Because suitable habitat for vireo is present, CDFW recommends the MM-BIO-7 following be included as a mitigation —least measure in the MND: Prior to initiation of Bell's vireo Project construction and activities within Survey or adjacent to suitable nesting habitat during least Bell's vireo breeding season (March 15 — September 15), a CDFW-approved biologist with experience surveying for least Prior to ground disturbi ng activitie s and vegetat ion remova I Pro ject Ap plic ant December 17, 2021 MM-BIO-8 — Callfor n!a Endan gered Spec! es Act (CESA least Bell's vireo Bell's vireo shall conduct surveys following USFWS established protocols to determine whether breeding and nesting least Bell's vireos are present within 500 feet of the Project site. If least Bell's vireo is present, no construction shall take place from March 15 through September 15, If "take" or adverse impacts to least Bell's vireo cannot be avoided either during Project construction and over the life of the Project, the Project proponent should consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, § 2080 et seq.). The subsequent CEQA document shall include a measure to mitigate the spread of invasive pests and diseases by implementing the following: 1) Prior to tree removal, a certified arborist shall evaluate trees for infectious tree diseases including but not limited to: sudden oak death (Phytophthora ramorum), thousand canker fungus (Geosmithia morbida), polvphagous shot hole borer (Euwallacea spp.), and goldspotted oak borer (Agrilus auroguttatus). Prior Pro to and ject during Ap Projec plic t ivit acti ant es MM=BIO-9 — Tree 2) If a certified arborist determines Disease trees are impacted by infectious s, Pests, pests or diseases, the certified and arborist shall prepare an Pathoge Infectious Tree Disease ns Management Plan or develop a detailed, robust, enforceable, and feasible list of preventative measures. A plan/list shall provide measures relevant for each tree pest or disease observed. To avoid the spread of infectious tree pests and diseases, infected trees shall not be transported from the Project area without first being treated using best available management practices described Infectious Tree Disease Management Plan or list of preventative measures. Prior to finalizing CEQA documen t City of Dia mon d Bar/ Proj ect App lica nt December 17, 2021 3) If possible, all tree material, especially infected tree material, shall be left on site. The material could be chipped for use as ground cover or mulch. Pruning and power tools shall be cleaned and disinfected before use to prevent introducing pathogens from known infested areas, and after use to prevent spread of pathogens to new areas. CDFW has concluded that the Project would result in the alteration of streams. As such, CDFW concurs with the Project's proposal to notify CDFW pursuant under Fish and Game Code, section 1600 et seq. The Project applicant (or "entity") shall provide notification to CDFW pursuant to Fish and Game Code, section 1600 at seq. Based on this notification and other Prior to MM-13I0-10 information, CDFW determines whether a ground — Lake Lake and Streambed Alteration (LSA) disturbi Pro ject and Agreement with the applicant is required n Stream prior to conducting the proposed activities. activitie Ap bed Please visit CDFW's Lake and Streambed s and ant Alterati Alteration Program webpage to for vegetat ant on information about LSA Notification and ion Agree online submittal through the Environmental remova ment Permit Information Management System I (EPIMS) Permitting Portal. The LSA Notification shall include a hydrology report to evaluate whether altering the streams may impact headwater streams where there is hydrologic connectivity. The hydrology report shall also include a scour analysis to demonstrate that stream banks and streambed would not erode as a result of impacts within the Project site. Also, CDFW also requests a hydrological evaluation of the 200, 1007 50, 25, 10, 5, and 2-year frequency storm event for existing and proposed conditions. TI California Nature Plant Society City ECnizes walnut woodland as Juglans Prior to of Srnica forest and woodland alliance finalizing Dia Ps separate plant communities. CEQA mon d on the information documen d eented in the MND and plant manual, t Bar/ W recommends Proj ect Appl ican t December 17, 2021 the MND be updated to reflect these two vegetation communities as the same. REC 2 — CDFW recommends the City update the City of Update Project's final CEQA document to Prior to Diamo Final provide updated information as to the finalizing nd CEQA Project impacts on the sensitive plant CEQA Docum communities. documen Par/ ect Appl ent t ican t CDFW recommends the final CEQA document include a discussion of how the proposed 3:1 ratio reduces impacts to below a significant level. Specifically, the CEQA document should address how the mitigation ratio accounts for the following impacts: 1) Impacts on coast live oak woodland that has a rarity rank of S4 with some S3 association 2) Impacts on southern California black walnut trees that has a rarity ranking of S3.2. This species is City of y REC 3 — endemic to Southern California is considered threatened by Prior to Diamo Impacts and the additional rarity ranking of 0.2 finalizing nd Discussio 3) Impacts to biodiversity given that CEQA Bar/ n — Final southern California black walnut documen Project CEQA woodland is considered one of t Applic Document the rarest plant communities in ant southern California 4) Impacts on sensitive plant communities associated with streams (e.g., Brea Canyon Channel) 5) Impacts on sensitive plant communities that could support sensitive or special status wildlife species [e.g., least Bell's vireo (Vireo bellii pusillus)] 6) Impacts resulting in permanent loss of seed bank or propagules 7) Impacts on sensitive plant communities that have low recruitment 8) Impacts associated with temporal loss given the unknown nature of when compensatory mitigation would be implemented and 1) Impacts associated with temporal loss given the length December 17, 2021 of time the mitigation site will be restored to the same habitat quality, value, and function of the impact site CDFW recommends the City evaluate the mountain lion territory size and use of REC 4 - habitat within and surrounding the Project Prt Recirc vicinity. The City should analyze the fin change (i.e., increase) in human presence Cn ulatio and area of anthropogenic influence that doMount may be in mountain lion habitat and how it ta i n may impact mountain lion behavior,L i o n reproductive viability, and overall survival Inform ation success. CDFW recommends the City recirculate the MND with these analyses included. Mitigation Measure BIO=3: If removal of onsite trees and vegetation occurs during the non -nesting season (September 16 through December 31), no nesting survey or biological monitor are required. If the removal of onsite trees and vegetation occurs during the nesting season (January 1 through September 15), the Project applicant shall provide the City documentation that a qualified REC 5 — biologist has been retained and would Mitigation conduct a preconstruction nesting survey Measure no more than 3 days prior to the start of 3I0-3 removal activities. The preconstruction Nesting nesting surveys shall include areas within Bird the proposed grading limits as well as Survey areas that are within 500 feet of the proposed grading limits. If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer around the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no longer active or the nest has failed. A minimum buffer of 300 feet around active passerine (perching birds and songbirds) nests, 500 feet around active raptor nests, and 0.5 mile around active nests of a CESA or Endangered Species Act listed bird species shall be placed around an active nest. The buffer may be Prior pro to and ject during Ap Projec plic t activiti ant es December 17, 2021 modified (i.e., increased or decreased) and/or other recommendations proposed (e.g., a temporary sound wall) as determined appropriate by the qualified biologist to minimize impacts. The qualified biologist shall monitor the removal of onsite trees and vegetation. Nest buffer distance will be based on species, specific location of the nest, the intensity of construction activities, existing disturbances unrelated to the proposed Project, and other factors as determined by a qualified biologist. If construction activities using heavy equipment (i.e., graders, bulldozers, and excavators) continue through the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the work area and areas that are 500 feet from the work area. Please report any special status species detected by completing and submitting CNDDB Online Field Survey Form. The City of City should ensure that the Project prior to Diamo REC 6 — Applicant has submitted the data properly, finalizing nd Data with all data fields applicable filled out, prior CEQA Bar/ to finalizing/adopting the environmental documen Project document. The data entry should also list t Applic pending development as a threat and then ant update this occurrence after impacts have occurred. The Project Applicant should provide CDFW with confirmation of data submittal. The MND's proposed Biological Resources Mitigation Measures should be updated and conditioned to include mitigation Prior to Cit REC 7 — measures recommended in this letter. finalizing y of MMRP Mitigation measures must be fully CEQA Diamo enforceable through permit conditions, documen nd agreements, or other legally binding t Bar instruments. The City is welcome to coordinate with CDFW to further review and refine the Project's mitigation measures. 'lant pallet and the restoration -avoid future discing -what is the maintenance criteria? Wild Urban Interface. How can they work with lA fire future fuel mod -benefits enviro -what does the fire dept need? Requires coordination ASSURANCE of mitigation s k California Natural Diversity Database USGS Quadrangle: YORBA LINDA = 33117H7 Prepared for: Diamond Bar - Pomona Valley Sierra Club Task Fora 10/17/2019 Ref E1mCode Occ # Accuracy Scientific Name 1 ABNKC12040 130 7 Accipiter cooperii 2 ABUME03041 63 10 Laterallus lamaicensis coturniculus 3 ABNSB13010 ABPAT02011 16 90 9 2 Asio otus Eremophila alpestris actia 4 5 ABPBG02095 145 2 Campylorhynchus brunneicapillus sandiegensis 6 ABPBG02095 146 6 Campylorhynchus brunneicapillus sandiegensis 7 ABPBG02095 193 1 Campylorhynchus brunneicapillus sandiegensis 8 ABPBG02095 194 1 Campylorhynchus brunneicapillus sandiegensis 9 ABPB308081 195 3 Polioptila californica californica 10 AM108081 444 5 Polioptila californica californica 11 ABP8308081 488 2 Polioptila californica californica 12 ASPBI08081 574 3 Polioptila californica californica 13 AM308081 815 3 Polioptila californica californica 14 ABPB308081 893 3 Polioptila californica californica 15 ABPB308081 894 1 Polioptila californica californica 16 ABPBJ08081 942 2 Polioptila californica californica 17 AM308081 943 1 Polioptila californica californica 18 ABPBW01114 100 3 Vireo bellii pusillus 19 ABPBW01114 196 1 Vireo bellii pusillus 20 ABPBW01114 261 5 Vireo bellii pusillus 21 ABPBW01114 324 1 Vireo bellii pusillus 22 ABPBW01114 325 2 Vireo bellii pusillus 23 ABPBW01114 326 3 Vireo bellii pusillus 24 ABPBW01114 365 3 Vireo bellii pusillus 25 ABPBW01114 366 2 Vireo bellii pusillus 26 ABPBW01114 367 2 Vireo bellii pusillus 27 ABPBW01114 368 3 Vireo bellii pusillus 28 ABPBW01114 582 2 Vireo bellii pusillus 29 ABPBX03010 103 1 Setophaga petechia 30 ABPBX03010 104 2 Setophaga petechia 31 ABPBX03010 105 3 Setophaga petechia 32 ABPBX03010 106 4 Setophaga petechia 33 ABPBX03010 107 2 Setophaga petechia 34 ABPBX03010 108 3 Setophaga petechia 35 ABPBX03010 109 3 Setophaga petechia 36 ABPBX24010 108 9 Icteria virens 37 ABPBX24010 109 3 Icteria virens 38 ABPBX24010 110 2 Icteria virens 39 ABPBX24010 ill 1 Icteria virens 40 ABPBX24010 112 4 Icteria virens 41 ASPBX91091 210 2 Aimophila ruficeps canescens 42 ABPBX91091 211 6 Aimophila ruficeps canescens 43 ABPBXA0020 20 3 Ammodramus savannarum 44 ABPBXB0020 417 5 Agelaius tricolor 45 AFCHA02093 18 3 Oncorhynchus mykiss irideus pop. 10 46 AMACD02011 194 9 Eumops perotis californicus 47 AMACD02011 196 7 Eumops perotis californicus 48 ARAAD02030 812 2 Emys marmorata 49 ARAAD02030 842 5 Emys marmorata 50 ARAAD02030 919 2 Emys marmorata 51 ARAAD02030 1057 2 Emys marmorata 52 ARAAD02030 1088 1 Emys marmorata 53 ARAAD02030 1301 2 Emys marmorata 54 ARAAD02030 1302 6 Emys marmorata 55 ARAAD02030 1303 2 Emys marmorata 56 ARACF12100 334 6 Phrynosoma blainvillii 57 ARACF12100 862 3 Phrynosoma blainvillii 58 ARADB30033 3 1 Salvadora hexalepis virgultea 59 ARADE02090 13 3 Crotalus ruber 60 ARADE02090 96 3 Crotalus ruber 61 ARADE02090 191 2 3 Crotalus ruber Southern California Arroyo Chub/Santa Ana Sucker Stream 62 CARE2330CA 63 CTT61310CA 4 138 2 Southern Coast Live Oak Riparian Forest 64 CTT61310CA 139 2 Southern Coast Live Oak Riparian Forest 65 CTT61310CA 140 2 Southern Coast Live Oak Riparian Forest 66 CTT63320CA 33 2 Southern Willow Scrub 67 CTT71210CA 1 2 California Walnut Woodland 68 CTT71210CA 3 2 California Walnut Woodland 69 CTT71210CA 7 2 California Walnut Woodland 70 CTT71210CA 8 2 California Walnut Woodland 71 CTT71210CA 9 2 California Walnut Woodland 72 CTT71210CA 11 2 California Walnut Woodland 73 CTT71210CA 12 5 California Walnut Woodland 74 CTT71210CA 13 2 California Walnut Woodland 75 CTT71210CA 18 2 California Walnut Woodland California Natural Diversity Database USGS Quadrangle: YORBA LINDA - 33117H7 Prepared for: Diamond Bar - Pomona Valley Sierra Club Task Forct 10/17/2019 Ref E1mCode Occ # Accuracy Scientific Name 76 CTT71210CA 43 2 California Walnut Woodland 77 CTT71210CA 45 2 California Walnut Woodland 78 CTT71210CA 46 2 California Walnut Woodland 79 CTT71210CA 49 2 California Walnut Woodland 80 IIHYM24480 161 9 Bombus crotchii 81 PDBRAlM114 141 3 Lepidium virginicum var. robinsonii 82 PDPLM03035 2 9 Eriastrum densifolium ssp. sanctorum 83 PMLILOD131 16 9 Calochortus weedii var. intermedius 84 PMLILOD131 39 3 Calochortus Weedii var. intermedius 85 PMLILOD131 40 3 Calochortus weedii var. intermedius 86 PMLILOD131 82 2 Calochortus weedii var. intermedius 87 PMLILOD131 121 2 Calochortus weedii var. intermedius 88 PMLILOD171 122 2 Calochortus weedii var. intermedius 89 PMLILOD131 123 2 Calochortus weedii var. intermedius Comment Letter No. F: Diamond Bar- Pomona Valley Sierra Club Task Force - December 20, 2021 Comment F- This comment states that the local Diamond Bar -Pomona Valley Sierra Club's role is a local conservation entity that answers to the larger regional Los Angeles Chapter of the Sierra Club. The comment states that the local Sierra Club is a collaborator with conservation allies and agencies and has been monitoring the Crooked Creek project since 2017. Response to Comment F-I The City acknowledges that the local Siena Club has been involved in the discussion related to the proposed Project over the past few years. This comment provides general information and does not provide any specific comments on the contents of the environmental analysis provided in the Public Review Draft IS/MND. Comment F-2 This comment states the purpose of an initial study and mitigated negative declaration and asserts that the Crooked Creek Public Review Draft IS/MND is inadequate and in need of further revision. Response to Comment F-2 This comment serves as an introduction to specific comments that are discussed in the subsequent comments. This comment does not provide any specific comments on the contents of the environmental analysis provided in the Public Review Draft IS/MND. Comment F-3 This comment concurs with the CDFW's findings regarding sensitive plant communities (See Comment A-2 above). The comment states that "sensitive plant communities, including Southern coast live oak (Quercus agrifolia) and California black walnut (Juglans californica), are not adequately identified and disclosed in the MND". The commenter also asserts that according to the CNDDB query from 2019 that many species are close to and perhaps affecting the project. The comment also states that natural community alliances are not adequately mentioned in order to achieve proper mitigation plans. Response to Comment F-3 This comment addresses the same concerns as expressed in the CDFW Comments A-2 to A-4, above. It appears that the comment mistakes individual plant species with plant communities. As noted in Response to Comment A-3, individual species are only considered components of a larger community. Please see Responses to Comments A-3 and A-5 for detailed discussions on this topic. The commenter states that several sensitive species may occur in the project area, based on a 2019 CNDDB query provided by the commenter, which lists previous occurrences of ecial- sp status species in the general vicinity of the project based on records within the topographic 3_90 ESA / 201BW itlO.W Crooked Creek Residential Subtlivision Apol2g22 Response to Comments on Public Review Droft InlHal Siudy / Mitigaletl Negative Dedaretian to quadrangle (Yorba Linda) surrounding the Project site. These same CNDDB species were thoroughly analyzed in Appendix C of the LSA Biological Resources Assessment report (see Appendix D4 of the Public Review Draft IS/MND). Appendix C also includes the 8 surrounding topographic quadrangles and provides a thorough discussion of each species and its likelihood of occurrence within the Project site. ESA reviewed the potential for each species to occur within its peer review of the report (see Appendix D-3 of the Public Review Draft IS/MND), in addition to conducting a focused survey for special -status plant species. The ESA results concurred with the LSA findings. Comment F-4 This comment asserts that on the Landscape Map, page 25, Figure 13, walnut tree plantings are planted too close to houses and will present a fire hazard. The commenter asserts that the mitigation plantings will be placed in areas of LA County Fire fuel modification activities. The commenter also recommends modifications to the Landscape Map, Figure 13, to be "more skillful and fire ready". Response to Comment F-4 The landscape plan provided in Figure 13 of the Public Review Draft IS/MND has been reviewed by the County Fire Department and has been conceptually approved for implementation as stated in the August 27, 2021 letter from County of Los Angeles Fire Department provided in Appendix O of the Public Review Draft IS/MND. A fmal fuel modification plan will be required to be reviewed and approved by the County Fire Department prior to implementation. The final fuel modification plan will include appropriately spaced trees, including walnut trees, and the required irrigation and thinning zones will be depicted on the final approved fuel modification plans. The project proponent is aware that the County Fire Department will require a final fuel modification design to be reviewed and approved. Addifionally, the County of Los Angeles Fire Department, Fire Prevention Division provided correspondence on January 18, 2022 recommending that the project proceed to public hearing subject to conditions as shown in Attachment A of this Response to Comments. Although appropriately spaced replacement trees are required in accordance with the Fuel Management Plan as provided in Appendix O of the Public Review Draft IS/MND, there were no additional conditions related to the placement or spacing of the replacement trees. However, some of the replacement coast live oak and southern California black walnut trees will be planted in the non -tree areas within the on -site walnut woodland habitat and in locations that are greater than 30 feet in distance away from proposed and existing structures (outside of fuel modification zone A) consistent with trees recommended to be planted within the fuel modification zones under the LA County Fire Department Plant Selection Guideline by Zone document. Mitigation Measure BI04 has been clarified as discussed in Response to Comment A-13. Crooketl Creek Resitlenfial Subdivision 3-91 ESA / 201500195.00 Response to CammenLs on Public Review Utah April 2022 IniOal Slutly /Mifigafed Negaflve UeGaraflon Comment F-5 This comment requests scientific evidence that the site does not serve as a wildlife corridor and requests clarification of the MND's conclusion that the Project Site does not support wildlife circulation or as a wildlife stopover. Response to Comment F-5 As mentioned on Page 58 of the Public Review Draft IS/MND and in Appendix D4, wildlife corridors link together areas of suitable habitat that are otherwise separated by rugged terrain, changes in vegetation, or human disturbance. The fragmentation of open space areas by urbanization creates isolated "islands" of wildlife habitat. In the absence of habitat linkages that allow movement to adjoining open space areas, various studies have concluded that some wildlife species, especially the larger and more mobile mammals, will not likely persist over time in fragmented or isolated habitat areas because they prohibit the infusion of new individuals and genetic material (MacArthur and Wilson, 1967; Soule, 1987; Harris and Gallagher, 1989; Bennett, 1990). Corridors effectively act as links between different populations of a species. A group of smaller populations (termed "denies") linked together via a system of corridors is termed a "metapopulation." The long-term health of each deme within the metapopulation is dependent upon its size and the frequency of interchange of individuals (immigration vs. emigration). The smaller the deme, the more important immigration becomes, because prolonged inbreeding with the same individuals can reduce genetic variability. Immigrant individuals that move into the deme from adjoining denies mate with individuals and supply that deme with new genes and gene combinations that increases overall genetic diversity. An increase in a population's genetic variability is generally associated with an increase in a population's health and long-term viability. Corridors mitigate the effects of habitat fragmentation by: (1) allowing animals to move between remaining habitats, which allows depleted populations to be replenished and promotes genetic diversity; (2) providing escape routes from fire, predators, and human disturbances, thus reducing the risk that catastrophic events (such as fires or disease) will result in population or local species extinction; and (3) serving as travel routes for individual animals as they move within their home ranges in search of food, water, mates, and other needs (Noss, 1983; Fahrig and Merriam, 1985; Simberloff and Cox, 1987; Harris and Gallagher, 1989). Wildlife movement activities usually fall into one of three movement categories: (1) dispersal (e.g, juvenile animals from natal areas, individuals extending range distributions); (2) seasonal migration; and, (3) movements related to home range activities (foraging for food or water, defending territories, searching for mates, breeding areas, or cover). Although the nature of each of these types of movement is species specific, large open spaces will generally support a diverse wildlife community representing all types of movement. Each type of movement may also be represented at a variety of scales from non -migratory movement of amphibians, reptiles, and some birds on a "local" level to home ranges encompassing many square -miles for large mammals moving on a "regional" level. A number of terms have been used in various wildlife 3-92 ESA/207800795.00 Crooked Creek Resltlentlal5ubdivision gpol 2022 Response to Comments on Public Review Draft IniOal Sludy / Millgated Negative Declaration 3. Responses to comments movement studies, such as "wildlife corridor," "travel route," and "wildlife crossing" to refer to areas in which wildlife move from one area to another. To clarify the meaning of these terms and facilitate the discussion on wildlife movement, these terms are defined as follows: Travel Route: A landscape feature (such as a ridgeline, drainage, canyon, or riparian strip) within a larger natural habitat area that is used frequently by animals to facilitate movement and provide access to necessary resources (e.g., water, food, cover, den areas). The travel route is generally preferred because it provides the least amount of topographic resistance in moving from one area to another; it contains adequate food, water, and/or cover while moving between habitat areas; and provides a relatively direct link between target habitat areas. Wildlife Corridor: A piece of habitat, usually linear in nature, that connects two or more habitat patches that would otherwise be fragmented or isolated from one another. Wildlife corridors are usually bounded by urban land areas or other areas unsuitable for wildlife. The corridor generally contains suitable cover, food, and/or water to support species and facilitate movement while in the corridor. Larger, landscape -level corridors (often referred to as "habitat or landscape linkages") can provide both transitory and resident habitat for a variety of species. Wildlife Crossing: A small, narrow area, relatively short in length and generally constricted in nature, that allows wildlife to pass under or through an obstacle or barrier that otherwise hinders or prevents movement. Crossings typically are manmade and include culverts, underpasses, drainage pipes, and tunnels to provide access across or under roads, highways, pipelines, or other physical obstacles. These are often "choke points" along a movement corridor. As previously described, wildlife movement activities occur at a variety of scales from a "local" level to a "regional" level. Regional movement through the project site is relevant only in context to the Puente and Chino Hills. The project site has open space to the south and east but is limited in the west, and north directions because of the adjacent development. Wildlife movement is already impeded in the project location by existing barbed wire fence, which is placed to control the movement of cattle on adjacent ranch lands. For this reason, all movement in the vicinity of the Project site should be considered as local wildlife movement, which is currently essentially unhindered. Please also see Response to Comment A-6. Movement on "local" scale could occur anywhere within the Project site for species that are less restricted in movement pathway requirements and are adapted to urban use areas (e.g., small mammals and bird species in general). Habitat within the project site is dominated by coast live oak and walnut woodland with patches of other native and nonnative vegetation. As such, the project site supports some potential for internal wildlife movement and within nearby areas for foraging and shelter but would not be an important stopover point or wildlife corridor. Comment F-6 This comment states that the oak woodlands store carbon dioxide and release carbon dioxide when they are removed. The comment requests an evaluation of the carbon sequestration function of the Project trees that are proposed to be removed. In addition, this comment asks about the increase in fugitive dust from annual fuel modification activities. 3-93 ESA/201800195.00 Crooked Creek Resitlential Subtlivision ppd12022 Response to Comments on Public Review Draft IniOal SNtly /Mitigated Negative Declaration 3. Responses to Response to Comment F 6 Construction activities associated with the Project will result in the removal of trees from the Project site. As discussed in Section 3.4.4 of the Public Review Draft IS/MND, there are 4 coast live oak trees and 58 southern California black walnut trees subject to the City's protected tree ordinance and will be removed. The removal of these trees will eliminate the potential sequestration of carbon that currently occurs with these trees. Based on a review of carbon dioxide (CO2) accumulation per year per tree that is provided within the California Emissions Estimator Model, individual trees accumulate from approximately 0.01 to 0.05 metric tons of carbon dioxide(CO2e) per year. This individual accumulation of CO2e is considered nominal and based on the loss of the 62 trees referenced above, a worst case estimate (assuming an annual accumulation of 0.05 metric tons), would be an elimination of approximately 3.1 CO2e. In comparing the annual 3.1 CO2e to the Project's estimated annual generation of 170 CO2e, the loss of the 62 trees represent a nominal loss of accumulation. The Project includes replacement trees at a 3:1 ratio which would result in the planting of 213 trees to replace the 62 trees that are removed. Overall, the loss of the existing onsite trees with the development of the Project would not result in significant increases in CO2e. Ato fugitive emissionsTable 4.3-3 in Section 4.3 of the Public Review Draft IS/MND shows s , that fugitive dust is primarily generated from grading activities. These grading activities would initially result in 14,480 cubic yards of cut, 19,510 cubic yards of fill and the importation of 5,030 cubic yards to the Project site. These grading activities would generate fugitive dust in the form of PM10 and PM2.5. The estimated generation of PMIO is 4 pounds per day and the estimated generation of PM2.5 is 3 pounds per day. As shown on Table 4.3-3, these estimated daily amounts of PM10 and PM2.5 would be less than the South Coast Air Quality Management District's threshold of significance of 6 pounds per day for PM10 and 4 pounds per day for PM2.5. As a result, fugitive dust emissions would be less than significant and no mitigation is required. Comment F-7 This comment requests information regarding the filtering measures that would be used for stormwater runoff into Brea Canyon Channel. The comment also requests notification when a 1600 permit is approved. Response to Comment F-7 As described in Section 3.4.8 on page 30 of the Public Review Draft IS/MND, storm water would be conveyed to the proposed water quality structure that provides bioretention/biofiltration treatment prior to entering into the proposed 24-inch stone drain that would convey storm water to the existing Brea Canyon Creek Channel. The location of the bioretention/biofiltration is within Lot 4 as shown in Figure 16 of the Public Review Draft IS/MND. A discussion of the bioretention/biofiltration facility is provided on page 102 of the Public Review Draft IS/NIND. The facility includes a pretreatment chamber and biofiltration chamber. 3-94 ESA/201e00195.00 Crooked Creek Residential Subtlivislon Apd12022 Response to Comments on Public Review Drafl Inigal SWdy/Mitigated Negagve Declaration 3. Responses to The pretreatment chamber separates trash, sediment, and debris from stormwater before the stormwater is conveyed to the biofiltration chamber. Within the biofiltration chamber, there are various screens that allow sediments to accumulate adjacent to the media bed and reduce clogging of the perforated underdrain. Further information including illustrations of the bioretention/biofrltration facility is provided in Appendix K of the Public Review Draft IS/MND. The separation of sediment and pollutants within the biofiltration chamber would improve the quality of the stormwater conveyed downstream into the Brea Canyon Channel and reduce potential downstream water quality impacts to less than significant. In addition, the proposed bioretention/biofiltration facility is designed to satisfy the requirements set forth in National Pollutant Discharge Elimination System (NPDES) Permit R4-2012-0175 as amended by State Water Board Order WQ 2015-0075 as discussed in Appendix K of the Public Review Draft IS/MND. This comment also request notification when a 1600 permit is approved. A Section 1600 Streambed Alteration Agreement is processed through the California Department of Fish and Wildlife (CDFW), not by the City of Diamond Bar, Comment F-8 This comment asserts that disking and annual vegetation removal associated with fuel modification causes weed growth and increases erosion. The commenter asks whether the land owner and developer would be willing to negotiate a more effective and sustainable, long term mitigation practice for restoration of an intact habitat to reduce weeds and fire risk. The comment indicates agreement with the CDFW conclusions and recommendations. Response to Comment F-8 Fuel modification and brush management already occurs on the project site to protect the existing residences on Crooked Creek Drive and elsewhere. The control of weeds would continue in fuel modification areas as is done currently. As discussed in Response to Comment 17-4, the County Fire Department has provided conceptual approval of the Fuel Modification Plan based on its standards and expertise in fire prevention. A final fuel modification plan will be required to be reviewed and approved by the County Fire Department prior to implementation. The removal of protected trees requires the replacement tree plantings of the same species at a ratio of 3:1. This planting of new trees will assist in restoring the remaining on -site habitat. It is noted that the commenter agrees with the CDFW conclusions and recommendations. Please refer to responses to Comment Letter A, that includes Response to Comments A-1 through A-32, regarding the City's incorporation of the CDFW recommendations. Comment F-9 This comment identifies that a very high wildfne severity exists in this area. The commenter requests the development of a fire mitigation plan that incorporates the input of local fire agencies, incorporates native plant materials into the landscape plans, and discusses proper clearance and emergency exits from the project. 3-9�J ESA/201900'195.00 Crooked Creek Residential Subdivision Apd12022 Response to Comments on Public Review Dtafl Initlal SWdy MtlSgatetl Negative Dedara5on Response to Comment F-9 The Public Review Draft IS/MND includes a discussion regarding the current designation of the Project site as being within a Very High Fire Hazard Severity Zone on page 23, (Section 3.4.5), pages 97 and 98 (Section 4.9) and pages 155 through 157 (Section 4.20). A preliminary fuel modification plan (FMP) has been prepared for review by the Los Angeles County Fire Department (LACFD). The LACFD reviewed the location of structures, type of construction, topography, slope, amount and arrangement of vegetation and overall site setting. LACFD determined that the FMP provided the defensible space necessary for effective fire protection of the homes proposed on the Project Site. Based on the review, the LACFD has approved the FMP in concept. In addition, Comment Letter C of this Response to Comments lists the access and water system requirements that would be met with project implementation. Comment F-10 This comment states that the existing topography does not provide public access or parking for the proposed trail head and requests a figure that depicts the proposed Schabarum Trail. Furthermore, this comment states that the MND incorrectly describes recreational opportunities as hiking on the adjacent Firestone property. Response to Comment F-10 As discussed on page 21 in Section 3.4.2 of the Public Review Draft IS/MND, a trail head and access point to a future trail connection with the conceptually planned Schabarum Trail are included in the proposed Project. The location of the trail head and access is illustrated on Figures 11 and 13 of the Public Review Draft IS/MND. The proposed trail head does not include public parking. The conceptual trail network is identified in existing City plans including the Diamond Bar General Plan 2040 as well as the City of Diamond Bar Parks and Recreation Plan. The conceptual trail network is provided on page 64 in Figure 64 (Existing and Planned Parks and Recreational Facilities) of the Public Facilities & Services Element of the Diamond Bar General Plan 2040. A connection with the future alignment of Schabarum Trail is discussed on page 6-9 of the Public Facilities & Services Element of the Diamond Bar General Plan 2040. The conceptual trail network is also provided within the Public Trails figure of the City of Diamond Bar Parks and Recreation Plan. The recreational discussion within the Public Review Draft IS/MND is provided on page 136. The discussion did not intend to state that recreational opportunities within the Firestone Boy Scout Reservation are currently available to future residents of the proposed project. Therefore, page 136 of the Public Review Draft IS/MND is revised as follows: anyon Park is located 0.26 miles north of the crooked creek Reaiaemiai s�beiviaion 3-96 "'` � LV 1 April iozz Response b Comments on Public Review Draft Initial Study / Mitlgalea Negative Declaration 3. The discussion on page 136 also states that recreational opportunities would be provided by Lou Crooked Creek Trail, trail head and trail access. These components are on the Project site. The discussion further states that these trail facilities would provide local residents direct access to the future Schabarum Trail. The City understands that this trail is currently conceptual and any recreational opportunities on the future Schabarum Trail would only occur once the trail is constructed in the future. The implementation of the Project, even without the construction of a future Schabarum Trail, would result in less than significant impacts to existing recreational facilities. Comment F-11 This comment states that the Diamond Bar -Pomona Valley Sierra Club concurs with the CDFW's comment letter and its conclusions. The commenter asks that the developer to resubmit a more completely described Public Review Draft ISAIND, and recirculate it to the public. Response to Comment F-11 The comments provided by CDFW are included in Comment Letter A above and responses to each comment are provided in Response to Comments A-1 through A-26. As explained in detail throughout these responses, recirculation of the Public Review Draft IS/MND is not required. (CEQA Guidelines § 15073.5.) Comment F-12 This comment concludes the letter with a statement of the Sierra Club appreciation of being included in the public comment period. Response to Comment F-12 Thank you for your review of the Public Review Draft IS/MND. Crooketl Creek Resitlen0al Subdivision 3-97 ESA / 207800195.00 Response to Comments on Public Review Deft Apd12022 IniFal Slutly IMltigaled NegalWe DeGareSon Comment Letter G SIERRA LUB A 12-20-21 City of Diamond Bar 21810 Coley Drive Diamond Bar, CA 91765 Associate Planner, Mayuko Nakajima MNakaiima@diamondbarca. gov Angeles Chapter 3250 Wilshire Blvd. #1106 Los Angeles, CA 90010-1513 Subject: Crooked Creek Residential Subdivision, Mitigated Negative Declaration, SCH#2021110140, City of Diamond Bar, Los Angeles County Dear Ms. Nakajima: The Sierra Club Angeles Chapter Wildland Urban Wildfire Committee (Wildfire Committee) was formed in 2019 in response to the increasing frequency and intensity of destructive wildfires occurring in the Wildland-Urban Interface/lutermix (WUI);t to address projects proposed in very High Fire Hazard Severity Zones in Los Angeles and Orange Counties that decision -makers continue to consider in spite of great wildfire risk; and to address the huge costs to residents, wildlife, infrastructure and the environment. This development is an example of cities within Los Angeles County continued cavalier disregard of the growing danger of massive wildfires in these areas. With the frequency and destruction growing more prevalent in the last few years throughout the state of California, cities must pay closer attention to projects proposed in these areas. The cost to public safety and the environment as well as the financial cost of fighting these mega fires is no longer acceptable. Our committee has reviewed an Initial Study/Mitigated Negative Declaration (MND) from the City of Diamond Bar (City; Lead Agency) for the Crooked Creek Residential Subdivision (Project). The Project is proposed by New Bridge Homes (Project Applicant). Thank you for the opportunity to provide comments and recommendations regarding those activities that relate to wildfire and the effects of buffering that may affect habitat and result in native tree destruction. We appreciate the opportunity to provide comments regarding those aspects of the Project. The proposed residential project includes the development of seven single-family residences and associated infrastructure including a southward expansion of the existing Crooked Creek Drive at a 12.9-acre undeveloped site. Five of the seven residential structures are proposed to include an attached Accessory Dwelling Unit. 1WiJI is defined as areas adjacent to or of transition between wildlands and human development and its associated infrastructure in which severe wildfire hazards are increasingly likely due to flammable native and non-native wildland vegetation, hazardous weather patterns, and steep topography. These areas have been designated as Very High Fire Hazard Severity Zones by Cal Fire, G-1 1_ The site is located at the southern terminus of Crooked Creek Drive, east of the SR-57 Freeway, Brea Canyon Road and Brea Canyon flood control channel and north of the City's southern boundary (Los Angeles County Assessor's Parcel Number 8714-028-003). It i, adjacent to SEA 15, a wildlands urban interface area and located in a Very High Fire Hazard Severity Zone. Recent wildfires have occurred in nearby areas. The MND fails to Mention that Proiect is Located in a Very Fire Hazard Hazard Severity Zone This is a small, but destructive project that may put existing and future residents in danger due to the MND' s failure to address wildfire danger. It appears that the document does not even acknowledge that the project is in a Very High Fire Hazard Severity Zone, as indicated by the attached Cal Fire Map. The MND should therefore be re -circulated with this information included so that the decision makers can be advised of the full impacts of the project. MND Wildfire Discussion Inadequate MND page 155 On page 155 of the MND, titled 4.20 Wildfire, the form questions and discussion are inadequate and erroneous. There is no consideration of local climate conditions like the routine, strong wind events (which trigger red -flag days and are indicated in the city' s general plan and municipal codes); no consideration of the regularly scheduled Los Angeles County Fire Department fuel modification activitie* on the site - as well as no serious consideration of the project location within a Very High Fire Hazard Severity Zone. Evacuation not Discussed Further, there is no discussion of evacuation routes, times or the impacts of adding the evacuation of these new residents onto the road now used by existing residents. Throughout the County, lives have been lost; pets, livestock and wildlife have died because they cannot escape the flames in time. It behooves your agency to carefully examine evacuation times and routes to ensure public health and safety. Difficulty in Obtaining Fire Insurance It has come to our attention that many nearby residents are now having trouble obtaining fire insurance due to their location in this Very High Fire Hazard Severity Zone. Many insurers will no longer cover homes in these areas. This information should be disclosed in the MND and a condition should be added requiring disclosure of this issue in any real estate purchase agreement. Cost of Defense Against Fire Who bears the enormous cost of defending these residential developments that encroach into the fire zone? It will be the City and its taxpayers. We therefore ask that a financial analysis of the cost to the public be included in the discussion of this project. G-2 G-3 G-6 2 Conclusion Experts agree that human -sparked wildfires are more frequent, faster spreading, and more destructive than those caused by nature. • Wildfires have become more destructive due to climate change, historic fire suppression and development in wildlands.i3 • When houses are built close to natural vegetation, they pose two problems related to wildfires. First, there will be more wildfires due to human ignitions. Second, wildfires that occur will pose a greater risk to lives and homes, and they will be hard to fight 4 • To stem the escalating loss of life and property, the state needs to curb development in high fire -hazard zones.5 • To stop the destruction of our communities by wildfire in our rapidly changing environment we must reduce the flammability of existing communities and prevent new ones from being built in very high fire hazard severity zones.b • predictable that California's increasingly deadly and destructive wildfires have become so un government officials should consider banning new home construction in vulnerable areas? • The best wa� to prevent wildfire destruction and death is to stop building houses in the path of fire. Based on overwhelming research and evidence concluding that people and structures near wildland areas are the primary driver of destructive wildfires, this committee sponsored a resolution, which Sierra Club California adopted last year. The Los Angeles County Democratic Party passed a similar resolution shortly thereafter. Both adopted new policies address the importance of restricting development in fire -prone areas: • Sierra Club California: "supports policies that prohibit new building in Very High Fire Hazard Severity Zones, consistent with established Sierra Club infill policy, to respond to increasing intensity and frequency of devastating wildfires on lives, habitat, property, infrastructure, and the environment." (Adopted: August 22, 2020) Public opinion supports the recommendations of scientists and fire experts to restrict building in fire -prone areas. A 2019 Analysis of Quality of Life Index by UCLA's Luskin School of Public Affairs (see page 5, figure 8) found that 73 percent of those surveyed believe that the construction of new homes should be prohibited in high risk fire areas. Only 20 percent disagreed.9 Zhttps://www. sciencemag.org/news/2020/12/human-sparked-wildfires-are-more-destructive-those-caused-nature ;Fanning the Flames: The Reality of Climate Change and Wildfires in California https://www.youtube.com/watch?v=BFaD2_NyYX8 °https://www.pnas.org/content/l 15/13/3314 Shttps://www.latimes.conVproj ects/wildfire-california-fuel-breaks-newsom-paradise/ 6https://www.sierraclub.org/sites/www.sierraclub.org/files/sce/sierra-club- california/PDFs/GovNewsom WildSres_2019.pdf https:flapnews.com/articleld2f76432dbl749d4918e55624a47c654 8https://www.latimes.com/opinion/story/2019-11-29/california-wildfire-housing-ideas 9https://ucla.app.box.com/s/t8bb9h8lg48fbfp4ll yzlc6rs35tdmf5 G-7 3 Therefore we ask that you re -circulate the MND and include the fact that the project is located in G-7 a VHFHZ, include a discussion of evacuation times and routes, correct the information regarding (Cont) wildfires on page 155, describe the probable difficulties of future and current residents obtaining fire insurance in this location and the financial cost to the City of defending this area against future wildfires. Thank you for your time. Sincerely, Lynne Plambeck Chair, Sierra Club Angeles Chapter Wildland Urban Wildfire Committee Attachment: CalFire Map of High Fire Hazazd Severity Zones for the Crooked Creek area 0 Diamond S Comment Letter No. G: Sierra Club Angeles Chapter - December 20, 2021 Comment G4 This comment provides an overview of the Sierra Club Chapter Wildlands Urban Wildfire Committee. The comment raises general concerns regarding projects proposed in very high fire hazard severity zones (VHFHSZ) within Los Angeles and Orange counties. This comment fiarther describes the location of the Project and the site being located within a VHFHSZ. Response to Comment Gl Thank you for your review of the Public Review Draft IS/MND. The comment correctly characterizes the proposed Project and its location. The comment also correctly identifies that historically there have been wildfires in the vicinity of the project site as shown on Figure 7-7 of the Diamond Bar General Plan 2040. Comment G-2 This comment asserts that the MND fails to mention that the Project is located in a Very High Fire Hazard Severity Zone (VHFHSZ) and that the MND should be recirculated. Response to Comment G2 The Public Review Draft IS/MND discloses that the Project is located within a VHFHSZ. (See pages 23 and 133 of the Public Review Draft IS/MND.) Additionally, the initial study provides responses to the Wildfire topics which are required where a project is located near lands classified as very high fire hazard severity zones. (See pages 155-157 of the Public Review Draft IS/MND.) As a result, the requested information was already provided in the IS/MND. Please also see Response to Comment F-9. Recirculation of the Public Review Draft IS/MND is not required. (CEQA Guidelines § 15073.5.) In addition, extensive coordination has occurred between City staff and the Los Angeles County Fire Department (LACFD) regarding the proposed Project. A fuel modification plan (FMP) has been submitted to the LACFD for review of the location of structures, type of construction, topography, slope, amount and arrangement of vegetation and overall site setting. LACFD determined that the FMP provided the defensible space necessary for effective fire protection of the homes proposed on the Project site. Based on the review, the LACFD has approved the FMP in concept and further LACFD approval will be required prior to Project implementation Comment G-3 This comment states that the wildfire discussion provided on page 155 of the Public Review Draft IS/MND is not adequate. Response to Comment G3 The Public Review Draft IS/MND acknowledges that the site is located in an area that is designated as a VHFHSZ. (See Response to Comment G-2). The site is subject to Santa Ana Crooked Creek Residential Subdivision 3-103 ESA/207800795.00 Response to Comments on Public Review Drag Apd12022 Initial Slutly /Mitigated Negative DedareGon wind conditions similar to other areas of southern California with winds up to and exceeding 25 miles per high and gusts up to 60 miles per hour from the northeast. As a result, extensive coordination with the Los Angeles County Fire Department (LACFD) has occurred as described in Response to Comment G-2. This included the submittal of a fuel modification plan that is located within Appendix O of the Public Review Draft IS/MND. The fire prevention experts (LACFD) thoroughly reviewed the Project plans and FMP pursuant to their performance standards. The review includes an evaluation of the climate, slopes, winds, vegetation, and proposed infrastructure. They concluded that the proposed design features are adequate for the Project being located within a VHFHSZ. Maintenance activities within the fuel modification zones will be required to meet the Los Angeles County Fire Department FMP maintenance requirements and will be implemented by the Homeowners Association on the project site. Comment G4 This comment provides a concern that evacuation of Project residents is not discussed in the Public Review Draft IS/MND. Response to Comment G4 Section 4.20(a) of the Public Review Draft IS/MND provides a discussion of evacuation of Project residents. The Project residents would travel north along Crooked Creek Drive to Gold Run Drive. Because the Project includes seven (7) residential units with five (5) of them containing accessory dwelling units, the increase in vehicular trips onto the existing roadway network would not substantially impact existing evacuation in the Project vicinity as discussed on page 96 in Section 4.9 (f) of the Public Review Draft IS/MND. Comment G-5 This comment states that nearby residents are having trouble obtaining fire insurance due to their location within a VHFHSZ because insurers no longer cover homes in these areas. Response to Comment GS This comment regarding fire insurance is noted. Fire insurance is not an environmental issue. Comment G6 This comment asks who bears the cost of defending residential developments that are located within high fire zones and requests a financial analysis of the cost to the public. Response to Comment G-6 Services provided by the Los Angeles County Fire Department are paid for by the public through property and sales tax revenues. The request for a financial analysis is a fiscal issue and not an environmental issue. 3-104 ESA/201900795.00 Crooked Creek ResMential Subdivision gpd12022 Response to Comments on Public Review Draft Initial SWdy / MlYgateO Negative Declam5on Comment G7 This comment provides a summary of the individual comments provided above in Comments G4 through G-6. The comment also states that developments should be restricted from fire -prone areas. Response to Comment G7 Please see Response to Comments G4 through G-6 regarding the fire hazard comments. In addition, the comment stating that developments should be restricted from fire prone areas is noted and will be forwarded to the City of Diamond Bar decision makers for review. 3-105 ESA / LUl WUlaa.w Crooked Creek Residential Subtlivlsion April 2022 Response to Comments on Publie Review Draft Initial Study /Mi6galetl Negative Declaration to This page intentionally left blank Crooked Creek Residential Subtlivision 3-�06 - ESA/20'18g0195.00 Resporee to Comments on Public Review Dmfl Apd12022 Initial5ludy/ Miligefetl Negative Decla2flon CHAPTER 4 E rrata The following text changes are made to the Public Review Draft Initial Study/Mitigated Negative Declaration (Public Review Draft IS/MND) and incorporated as part of the Final Initial Study/Mitigated Negative Declaration (Final IS/MND). These changes are minor and correct inadvertent numbering of the proposed buildings. These changes do not alter the conclusions of the Public Review Draft IS/MND. Changes to the text are noted with underline for added text) or strikeeut (for deleted text). Page 1, second sentence of the last paragraph The Project consists of nine total lots: seven residential lots; one lot designated for the trail head ; and one lot which includes the maintenance access and approximately 10.4 acres of retained undeveloped area. Page 11, third sentence of the last paragraph The Project consists of nine total lots: seven residential lots; one lot designated for the trail head ; and one lot of approximately 10.4 acres of retained undeveloped area; refer to Figure 3, Site Plan and Project Cross Sections Index. Page 21, Table 3-1, second to last row Publiclarivato Roadway (Future Crooked Creek Drive) Page 21, first and second sentences of the first paragraph The Project would include a 43400t wide southward expansion of the existing Crooked Creek Drive which would be designated as a ublic roadway. The Project would not include a community gate but would include privy signage providing the identification of the neighborhood' Croaked Creek Residential Subdivision 4-t ESA/ 201800195.00 Response to CommanLs on Public Review Draft April 2022 Initial Study / Mi69aletl Negaflve Decla2tion Page 43, first paragraph The long-term development and occupancy of residences may result in new sources of light and glare primarily from interior and exterior lights on/in the seven new residential structures (consisting of the single-family residences and accessory dwelling units), and street and ambient lighting along the new publigpnvate streets extension. Page 60: Section 4.4, Biological Resources, second paragraph In summary, no observation of either special -status species was observed to be present on the Project site. As a result, the Project would result in less than significant impacts to special -status plant and wildlife species. Although no special status species was observed to be present on the Proiect site and less than sjjznificant impacts would occur to mountain lions and potential habitat and least Bells vireo the following mitigation measures have been added to further reduce less than significant Project impacts to mountain lions and potential habitat. Mitigation Measure BIO 5• Due to potential habitat within the Project footprint, withn one year prior to Project implementation that includes site preparation, equipment staging and mobilization a qualified biologist knowledgeable of mountain lion species ecology should survey areas that may rovide habitat for mountain lions to determine resence/absence and potential for natal dens. Caves and other natural cavities and thickets in brush and timber provide cover and are used for denning Females may be in estrus at any time of the year, but in California most births are believed to occur in spiing. Surveys should be conducted when the species is most likely to be detected Luring crepuscular periods at dawn and dusk (Pierce and Bleich 2003) Survey results including negative findings should be submitted to CDFW prior to initiation of Protect activities The survey report should include a map of potential denning sites. The survey report should include measures such as suspension of work until the qualified biologist can safely determine that the species has left the site to avoid impacts to mountain lions that may be in the area as well as dens and cubs, if necessary. Mitigation Measure BIO 6• If potential habitat for natal -dens are identified during the survey required by Mitigation Measure BIO-5 avoidance of potential unpacts to mountain lions especially during spring2 to protect vulnerable cubs should be iVlemented Two weeks prior to Proiect commencememn a qualified biologist should conduct a survey for mountain lion natal dens The survey area should include the construction footprint and the area within 1,000 feet (or within the limits of the property line) of the Project disturbance boundaries CDFW shall be notified within 24 hours upor location of a natal den If an active natal den is located during construction activities, all work shall cease. No work shall occur within a 2 000-foot buffer from an active natal den A qualified biologist shall notify CDFW to determine the appropriate course of action CDFW shall also be consulted to determine an appropriate setback from the natal den that would not adversely affect the successful rearing of the cubs but allow construction activities to continue. No construction activities or human intrusion shall occur within the established setback until mountain lion cubs have been successful reared; the mountain lions have left the area or as determined in consultation with CDFW. Crooked Creek Residential Subtlivislon 4-2 ESA / 207800'185.00 APdI 2022 Response to Comments on Public Review Draft Initial Study / MiOgated Negative Declam8on Mitigation Measure BI0-7• If "take" or adverse impacts to mountain lion cannot be avoided either during Proiect construction and over the life of the Project, Protect proponent shall consult CDFW and must acquire a CESA Incidental Take Permit (pursuant to Fish & Game Code, 42080 et sea.) gation Measure BIO 8 Prior to initiation of Project construction ana acnvmes within or adjacent to suitable nesting habitat during least Bell's vireo breeding season (March 15 September 15) a qualified biologist with experience surveying for least Bell's vireo shall conduct surveys following USFWS established protocols to determine whether breeding and nesting least Bell's vireos are present within 500 feet of the Proles site If least Bell's vireo is present no construction shall take place from March 15 through September 15 The results of the survey will be submitted to the City and CDFW. The above mitigation measures implement existing law do not create a significant environmental impact and/or are not necessary to mitigate an avoidable significant impact. Page 61, Table 4.4-1 Table 4.4-1 has been modified to include a footnote as follows. Total within Project Site Vegetation Community (acres) TABLE a.a-1 VEGETATION IMPACTS Within Project Fuel Modification Zone B Within Beyond Grading Grading Limit Limit Within Protect Fuel Modification Zone C Beyond Grading Limit Avena - Bromus Herbaceous 3.3 1.3 0.1 0.2 Semi -Natural Alliance Coast Live Oak Woodland 4.8 0.9 0.3 0.9 Juglans californica Stand 0.4 0.0 0.o 0.0 Brassica-Farb Ruderal Area 1 A 0.9 0.0 0.3 Walmd Woodland 3.0 0.0 0.0 0.1 Tnfalc 12.6 3.1 0.4 7.5 * * *The walnut woodland and Juglans calrLornica Stand vegetation communities maybe equally treated as sensitive natural communities However there are no roroiect impacts to the Juglans californica Stand. Pages 63, last paragraph Mitigation Measure 14I0-3 has been modified as follows. Mitigation Measure BI0-3: If removal of onsite trees and vegetation occurs during the non -nesting season (September 16 through December 31), no nesting survey or biological monitor are required. If the removal of onsite trees and vegetation occurs during the nesting season (January 1 through September I5), the Project applicant shall provide the City documentation that a qualified biologist has been retained and would conduct a preconstruction nesting survey Crooked Creek Residential Subtlivision 4-3 ESA / 201800195.00 Response to Commen4s on Public ReWew Draft Apd12022 Initial Study /Mitigated Negative DeolareYon no more than 3 days prior to the start of removal activities. The preconstruction nesting surveys shall include areas within the proposed grading limits as well as areas that are within 500 feet of the proposed grading limits. If an active nest is not found, no biological monitor is required. If active nests are detected, a minimum buffer (e.g., 300 feet for passerine [perching birds and songbirds) or 500 feet for raptors and/or as determined to be anprororiate by the qualified biologist for CESA or FESA listed bird species) around the nest shall be delineated and flagged, and no construction activity shall occur within the buffer area until a qualified biologist determines the nesting species have fledged and is no longer active or the nest has failed. The buffer may be modified (i.e., increased or decreased) and/or other recommendations proposed (e.g,, a temporary soundwall) as determined appropriate by the qualified biologist to minimize impacts. The qualified biologist shall monitor the removal of onsite trees and vegetation. Nest buffer distance will be based on species, specific location of the nest, the intensity of construction activities, existing disturbances unrelated to the proposed Project, and other factors as determined by a qualified biologist. If construction acfivities using heavy equipment (i.e, graders, bulldozers, and excavators) continue through the nesting season, weekly nesting bird surveys shall be conducted. Each nesting bird survey shall include the work area and areas that are 500 feet from the work area. Page 65, second paragraph Mitigation Measure BI04 is modified to include the following: Mitigation Measure BIO-4: Prior to the issuance of a grading permit, a protected tree replacement plan shall be submitted to the City of Diamond Bar for approval. The plan shall demonstrate at least a 3:1 in -kind replacement ratio. The protected tree replacement plan shall be comprehensive and include the requirement for a certified arborist to evaluate trees prior to removal for infectious tree diseases including but not limited to: sudden oak death (Phytophthora ramorum) thousand canker fungus (Geosmithia morhida), polyphagous shot hole borer (Euwallacea spp ) and goldspotted oak borer (Agrilus auroQuttatus) The protected tree replacement plan shall incorporate provisions for disease management using best available management practices including: (1) treated infected trees before removing them from the Project site• (2) cleaning and disinfecting all pruning and power tools before and after use to prevent the introduction and/or spread of pathogens; (3) and irrigation avoidance within oak tree canopies. With the removal of protected trees within the proposed grading limits that include a total of 4 coast live oaks and 58 southern California black walnuts, the Project applicant shall provide a replacement plan that includes at least 12 coast live oaks and 174 California black walnuts. The replacement trees shall include a combination of boxed trees within landscaped areas and seedlings and smaller -sized container trees in the undisturbed woodland areas of the Project site that is outside of the development area and fuel modification zone As. If all of the replacement trees cannot be located on the Project site, some replacement trees shall be located off -site at a location approved by the City. The protected tree replacement plan shall also provide a methodology of soil preparation, planting, monitoring, survival percentages and maintenance as well as corrective measures if survival percentages do not meet the replacement ratio. Crooked Creek Residential Subdivision 4-4 ESA / 201800195.00 Response to Comments on Public Review Draft April 2022 Initial SNtly / MiOgaled Negative Declaration 4. Errata Page 66, added to References Pierce B.M. and V.C. Bleich, 2003, Mountain Lion. Pages 744-757 in G. A. Feldhamer, B. C. Thompson and J. A Chapman editors Wild mammals of North America: management and conservation Second edition Johns Hopkins University Press Baltimore, Maryland, USA, Page 107, second sentence of last paragraph The southward expansion of the existing Crooked Creek Drive would include a 43-foot wide road, which would be designated as a public roadway. Page 110, first sentence in the third paragraph under the third column The Project would include private signage providing the identification of the neighborhood^ a -eating the ceffmju 'ity "''"" ,-per City design standards. The proposed homeowner's association would be responsible for maintenance of signage. Page 136, first and second sentences of the first paragraph Canyon Park is located t.26 miles north o Page 140, second sentence of the third paragraph However, as described in Section 4.3.2 above, the Project would include a 43-foot wide southward expansion of the existing Crooked Creek Drive, which would then be designated as a public roadway. Page 141, second sentence of the second paragraph This ublic access road would be intended for residents and their guests and would enhance internal circulation. Page 141, second sentence of the third paragraph Emergency access to the Project Site would be provided by a ublic southward extension of Crooked Creek Drive, as well as a maintenance access easement to the undeveloped/open space area of the Project site. 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WATER SYSTEM REQUIREMENTS All hydrants shall measure 6"x 4"x 2-1/2" brass or bronze, conforming to current AWWA standard C503 or approved equal. The required fire flow for the public fire hydrants for single family residential homes less than a total square footage of 3600 feet is 1250 gpm at 20 psi residual pressure for 2 hours with one public fire hydrant flowing. Single family residential home 3601 square feet or greater shall comply too Table 13105.1 of the Fire Code in Appendix B. 3. Prior to final map clearance, provide written verification that the required fire hydrants have been bonded for in lieu of installation. 4. Install two new public fire hydrants as shown on the tentative map. 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. FINAL MAP REQUIREMENTS Access as noted on the Tentative and the Exhibit Maps shall comply with Title 21 (County of Los Angeles Subdivision Code) and Section 503 of the Title 32 (County of Los Angeles Fire Code), which requires an all-weather access surface to be clear to sky. Fire hydrant improvement plans shall be submitted for review and approval prior to the Final Map clearance. For any questions regarding the report, please contact Claudia Soiza at (323) 890-4243 or Claudia.soiza(a�fire.lacounty.4ov Reviewed by: Claudia Soiza Date: January 18, 2022 ??S§° 83 NMI! € a°tigp 111 sg: sgi ENS xs g x= e bR`g x °s OIL M1 asgs� OZI 1g �. 95 $�sa ;ll o ® o CONSERVATION OF CAL I F O RN IA WALNUT - IN -THE EASTERN- SANTA MONI-CA MOUNTA-INS r� i �� r� � �, ,. F ` - �;r� 3� �4 R- aQ �O v.� � "�4 err a+ �eG� ��j. l��{, T1 � �� �. ��, w.� A4. . 4-_ ,1+'. i r CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS Travis Longcore Nina Noujdina March 2022 TM� , URBAN WILDLANDS � GROUP © 2022 The Authors Preferred citation: Longcore, T., and N. Noujdina 2022. Conservation of California Walnut in the Eastern Santa Monica Mountains. The Urban Wildlands Group, Los Angeles, California. For copies of this report, contact: The Urban Wildlands Group P.O. Box 24020 Los Angeles, California 90024-0020 A digital copy of this repots is available at: http:��www.urbanwildlands.org TABLE OF CONTENTS 1 NTRODUCTION......................................................................................................................................................................................4.......... l ECOLOGY AND DISTRIBUTION OF CALIFORNIA WALNUT..................................................................................................................3 CONSERVATION STATUS OF CALIFORNIA WALNUT...............................................................................................................................9 CALIFORNIA WALNUT IN ENVIRONMENTAL REVIEW.........................................................................................................................11 SCREENING MAPS FOR CALIFORNIA WALNUT AND COAST LIVE OAK.........................................................................................1 S RECOMMENDATIONS.....................................................................................................................................................................................19 Encourage Documentation of Walnut Trees by Community....................................................................4.....4......19 FixCity of Los Angeles CEQA Review.........................................................................................................................20 Improve Information About California Walnuts for Consultants and Landowners...........................................21 Prioritize Purchase of Sites Supporting California Walnut...................................................................................21 Expand Analysis and Conservation Strategies to Full Range of California Walnut ........................................... 21 LITERATURECITED.........................................................................................................................................................................................23 APPENDIX: METHODS FOR DEVELOPMENT OF SCREENING MAPS...............................................................................................25 ACKNOWLEDGMENTS We thank Diana Zogran for generously funding the preparation of this report, Catherine Rich for editing several versions of the manuscript and providing many useful suggestions, Dr. Alison Lipman, Brenton Spies, and their students at UCLA for their work expanding knowledge of the distribution of California walnut in the eastern Santa Monica Mountains, and Jason Casanova for designing the layout. Cover photo: Claude Laprise EXECUTIVE SUMMARY California walnut Quglans californica) is a rare species and keystone component of two Sensi- tive Natural Communities designated by the State of California: Coast Live Oak —California Walnut Woodland and California Walnut Groves. The species is under assault from residential and commercial development throughout its remain- ing range in southern California. In this report we address a region within the eastern Santa Monica Mountains that is subject to ongoing development pressure in which steep parcels are now being targeted for residential construction, threatening the remaining walnut groves and oak —walnut woodlands. The City of Los Angeles issues permits to remove California walnut trees at a rate of one mature tree every 7.2 days. We present background information about the ecology, distribution, and conservation status of California walnut and review the mechanisms that should be, but are not, protecting it in the environmental review process under California law. Although the City of Los Angeles has a native tree protection ordinance, in practice the ordinance does not preclude removal of trees for development, does not provide for any replace- ment of habitat area, which would be essential for mitigation of biological impacts, and does not even require that any replacement trees are of the same species as the species removed. As a result, the area supporting California walnut and its associated natural communities continues to shrink and become more fragmented. To assist in conservation planning for California walnut, we developed screening maps for the species and its two related Sensitive Natural Communities. The maps are derived from high -resolution color aerial photographs of the study area. We used the location of known examples of many different tree species to create descriptions of the color characteristics of those species. We then used a series of spatial analysis techniques to create maps showing the locations of trees that share similar spectral profiles with confirmed California walnuts and coast live oaks and that therefore have an elevated likelihood of being one of the two species. We cross-checked these maps with existing efforts that mapped larger blocks of forest and woodland habitats. The maps should serve the role of screening during development and informing conservation planning for these rare habitats. If the maps show the likely presence of one or the other CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS f INTRODUCTION California walnut (/uglans californica) is recognized by the State of California as a rare species and is at risk of becoming endangered if the trends of habitat loss for the species continues. Yet, over the past three years, the City of Los Angeles has permitted the removal of this species at the rate of one mature tree every 7.2 days' Although the City has a native tree protection ordinance, these trees are routinely permitted for removal to make way for new construction and expansion of existing homes. No habitat -based mitigation is required for these removals, and "replacement" trees for California walnut under the City ordinance are often of a different species unless conservation advocates intervene. The City of Los Angeles has actively opposed protection of California walnut in court. When residents challenged the removal of California 1. According to a review of reports from the Urban Forestry Division, removals were recommended to be approved by the Board of Public Works for 50, 95, and 30 California walnuts in the years 2018-2020, and 60 Through mid -October 2021, representing one every 7.3, 3.8,12.2, and 5.3 days (mean = 7.2 days). walnut associated with construction of a new home, the Los Angeles City Attorney asserted in briefs that California walnut did not qualify as a rare species? To the contrary, the California Department of Fish and Wildlife (CDFW) rec- ognizes California walnut as a rare species and the vegetation communities where it is present (Coast Live Oak —California Walnut Woodland and California Walnut Groves) as Sensitive Natural Communities that specifically must be considered during the environmental review process. A substantial portion of the range of California walnut lies within the City of Los Angeles, where it faces a crisis. Planning and environmental review processes as implemented by current leadership have failed to afford the species the consideration required under State law, and rapid development and redevelopment of residential properties eats inexorably away at remaining 2. Respondent's and Real Parties' Opposition Brief, Friends of Westwanda Drive v. City ofLosAngeles et al., Case No. 19STCP04113. CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS walnut habitats. An effective conservation approach is needed; these trends are accelerating in the current political climate that prioritizes housing development over sustainability. The time to take conservation action to protect biodiversity is before a species becomes endan- gered. California walnut is a rare species that risks becoming endangered if current trends continue. The effective conservation of the natural communities associated with California walnuts depends on identifying their distribution so they can be appropriately mapped for envi- ronmental review and to identify candidate areas for land conservation. Current vegetation maps of the eastern Santa Monica Mountains identify larger habitat blocks, but the significant habitats remaining on developed and undeveloped parcels of smaller size are not mapped. To provide additional guidance, we developed a high -resolution map of California walnut and coast live oak distribution in the eastern Santa Monica Mountains as a screening tool for environmental review and conservation. The purpose of the map is to identify trees within the study area that have a substantial probability of being either coast live oak or California walnut trees and consequently are either rare (California walnut) or make up natural communities that are considered sensitive. Given the large area com- pared with the resolution of the mapping effort (individual trees), aground -verified survey was not possible. The maps, however, could be used early in the environmental review process to trigger site -level surveys to establish the identity of trees flagged on the maps. In the sections that follow, we first provide background on California walnut and its ecology and conservation as an emblematically rare species in the City of Los Angeles. A substantial portion of its historical range lies within the City of Los Angeles, which increases the need for the City to protect it from existing threats. We then present the screening maps for California walnut and coast live oak vegetation communities, summarize the outputs compared with other descriptions of the distribution of coast live oak and California walnut, and discuss the potential use of the maps in conservation planning and environmental review. In the Appendix, we describe the approach for developing the screen- ing maps, including the data and methods used and estimates of their accuracy compared with previous vegetation maps. Q INTRODUCTION Wit RMAI A me 144 C AM i r AM Moor III. X I .� �. Fty �l , qJr R yA�Awr r MA k,..t'iL: �. I Ile LI "If IN III MIA, .�y / 4 Ire INS. a °x. � - d -- -'_ ..� r �� k: � ��� ��, , � ., I 1 ,`R_ 'j F16YRE ]. California walnut in the eastern Santa Monica Mountains resprouting from roof crown after being cut. Lifespan ranges to 100 years (Swanson 1967, Munz ]973, Keeley 1990). Trunk size and height are closely and significantly correlated with age (Quinn 1989, Keeley 1990). As the tree gets older, the blackish -brown bark becomes deeply furrowed (Munz 7973). Seed set begins at 5-8 years (Brinkman 1974). Seeds do not become dormant, but typically germinate within 4 weeks of dispersal (Brinkman 1974). Many seeds never grow because they are consumed by animals or carried by gravity, animals, or flood waters to unfavorable locations (Swanson 1967, Anderson 2002). Habitat for the species is often described as north -facing slopes with deep soils and high clay content (Quinn 1989). In the Santa Monica Mountains, California walnut occurs with annual grasslands, native herbaceous vegetation, coastal sage scrub, north slope chaparral, or oaks (Quinn 1989, Tiszler and Rundel 2007). Studies regard- ing the Santa Monica Mountains and Los Angeles County report successful growth to occur on slopes with deep soil at elevations below 1,066 m (Horton 1949, Anderson 2002) (Figure 2). Walnut woodlands are suggested to occur in locations with springs or subsurface water available (Tiszler and Rundel 2007). As a winter deciduous plant that holds its leaves through the hot summer and fall months, access to water is important and the root system is extensive, often with a deep taproot (Miller 1976). This water e y- 6 4 �i r} ECOLOGY AND DISTRIBUTION OF CALIFORNIA WALNUT Ap PIP f[P":: PIP Pr1- - K� Pp, r; ,� w a `.4 4 PpP �? x ✓ .t �..� PP f VO Pf 9 >'. \ i PO(ax, • ---- --- *- - � � ,_. �'. �� -- .:__, . fr�Nlrr»s eribforrrrta -•-- ., -•---- �- _ Group of stantls more than 2 miles across `� _ r" .>.____________. Stands less than 2 miles across or of unknown size 0 a0 i00 iaa Mila! v _ o w . I iao iso zoo edom•mrs � � _— � , __. r .�---�_ �� ---- --•- .-•-- J - -- � r -- FIGURE 4. Rangewide distribution of Juglans californica (Griffin and Crit<hfield 7972). Herbarium Specimens=• Field Sitings = • �: �: •San Fernondo • Los An pales f 25 miles , --, FIGURE 5. Distribution of Juglans californica in Los Angeles County (Swanson 1967). (> ECOLOGY AND DISTRIBUTION OF CALIFORNIA WALNUT /u9lant caliJornfca Locational Data in Los Angeles County LowroHiga Frequm<y _:.+� Research -Grade *� Other '.+� Bath 1� `� Santa s A _ CIa\rlta O N C A g q' E L f +j. �`,• ® � � ANGEL ES l<N r 4 • l r N s io e • � r :0 • NATIONAL �� ,l -. Q 4tga � Q _ (� Uaa �• C: �® O O D Q �Nfa ® _ r REST ..� O � � � � � Glendale Pasad SAN79.�'MD NI® MNr® �� � ©. O El Monte O � Yf O `.. � • O Mal e Q � O LOS �O � O � � � Por�na ����_� � _ Bo is �� � Angeles � O �� . -�} , .� � / � O ®� Inglewood �. � i i � © Compton _,r'�• , .r ' {ff{ � n•• Nerada ..— 1 J•. �3✓ � Lon9 r ,. \ Beach • Calllornia soem Z` 1� Ranch• j ���� Coto6na .Palos Verdes Island Avalon �' \ � ' O e ' SMi FIGURE 6. Summary of research -grade and other location data from herbarium and iNaturalist records for luglans californica in Los Angeles County. infer the full historical range of the species because so many localities were cleared for agriculture before any systematic surveys were undertaken. It is possible that the species found appropriate habitat and persisted along washes that extended from mountains into the alluvial fans and plains within these regions but those instances were lost without being documented. The Santa Monica Mountains include stands that are "among the largest remaining woodlands of Juglans californica" (Keeler -Wolf et al. 2007). Walnuts are a food source for wildlife and the trees provide important three-dimensional com- plexity that transforms a grassland or shrubland into a forest. Their arching branches provide an interior environment that is excellent habitat for deer, nesting birds, and other wildlife (Quinn 1989). Western gray squirrels (Sciurus griseus) may still be present in the focal area of this study, and historically they would have consumed and dispersed walnuts. It appears unlikely that any of the fossorial rodent species (pocket gopher, CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS ] California ground squirrel) have jaws sufficient to open walnuts (Swanson 1967). California Scrub - Jay collects and buries just about any spherical object and therefore may play an important role in dispersal of walnuts (Grinnell 1936). ,. ,..,..' ..'k� . � ;; ,i'i 'r ; .r�iq +:;�a���.K;:ai� $ CONSERVATION STATUS OF CAUFORNIA WALNUT Modeled Variability (range of annual average values from all 32 LOCA downscaled climate models) ■ Observed (1950-2005) ■ HadGEM2-ES (Warm/Drier) ■ CNRM-CMS (Cooler/Welter) R CenE5M2 (Average) ■ MIROCS (Complement) a4 LL a2 0 BO m n m 78 H E E 78 � 74 ro E G 72 70 88 Historical (1950-2005) Observed historical and modeled hisloncal Bala Future (2006-2099) —� ModcleJ lutuie prujecliun�: leso lsao zaoo zozo xano zoso xoso ztoo FIGYRE 7. Average maximum temperature in the eastern Santa Monica Mountains. Observed record from 1950-2005. RCP 8.5 models simulated since 1950 and projected through 2100. Source: cal-adapt.org. Historical (1950-2005) Future (2006-2099) Observer) historcal and Modeled futurr. projections , 80 � 50 tl` 40 at 30 ro 20 Q 10 1980 1980 2000 2020 2040 2080 2080 2f00 F16YRE R. Average annual precipitation in the eastern Santa Monica Mountains. Observed record from 1950.2005. RCP 8.5 models simulated since 1950 and projected through 2100. Source: cal-adapt.org. For average maximum temperature the predicted trend is uniformly upward, indicating a risk of greater drought stress, especially for seedlings that have not yet tapped into groundwater. For annual precipitation the models diverge consid- erablyand on average predict a slight increase in precipitation. Together, assuming higher temper- atures and equal or slightly higher precipitation, regeneration could be affected, and conservation of the cooler and moister north -facing slopes will be necessary. As climate changes, the period between regeneration opportunities will likely be longer as a result of higher temperatures resulting in higher moisture stress on seedlings. Preservation of existing mature trees will become more important so that they are producing walnuts that can establish when appropriate regeneration conditions are present. Multi -year droughts, when they occur, will present a threat, as has been previously identified (Keeley 1990). j � CONSERVATION STATUS OF CALIFORNIA WALNUT ���` CALIFORNIA WALNUT IN ENVIRONMENTAL REVIEW California walnut has a California Rare Plant Rank of 4.2 (limited distribution and moderately threatened in California). This meets the definition of a rare species, and its status as a rare species has long been docu- mented (Swanson ]967, Quinn 1989, Riordan et al. 2015). It is present on the official California "Special Vascular Plants, Bryophytes, and Lichens List"' for this reason. It is standard practice for species with a California Rare Plant Rank of 4 to be evaluated for impacts under CEQA as a sensitive natural resource, and this is routinely done in CEQA reviews issued by the City of Los Angeles for its own projects (Table 1). 1. https://nrm.dfg.ca.gov/FileHandlecashx?DocumentlD=109383 California walnut must be considered in CEQA review because it meets the criteria listed in Section 15380 of the CEQA Guidelines (]4 CCR § 15380 (b)(2)), which defines a species as "rare" if: (A) Although not presently threatened with extinction, the species is existing in such small numbers throughout all or a significant portion of its range that it may become endangered if its environment worsens; or (B) The species is likely to become endangered within the foresee- able future throughout all or a significant portion of its range and maybe considered "threatened" as that term is used in the Federal Endangered Species Act. TABLE 1. Example of consideration of California walnut as a rare species in CEQA analysis by the Ciry of Los Angeles for ifs own program (Citywide Cat Program Drak Environmental Impatl Report, 2019). This shows that the Ciry of Los Angeles Bureau of Engineery ing, which prepared the report, recognizes the California Rare Plant Rank of 4.4 as requiring attention during review. CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS j j A species need not be formally listed as endan- gered or threatened to meet the criteria of Section 15380 of the CEQA Guidelines, even though the Los Angeles City Attorney recently argued exactly the opposite (incorrectly) in court.' The City of Los Angeles, and other local jurisdictions, should look to the California Department of Fish and Wildlife for guidance on consideration of California walnut during review. CDFW has a special role as the Trustee Agency for biological resources during CEQA review (Fish and Game Code §§ 711.7 (a), 1802; Public Resources Code § 21070; California Environmen- tal Quality Act JCEQA] Guidelines § 15386 (a)). CDFW unequivocally states that California walnut is a rare species under Section 15380 of the CEQA Guidelines: Southern California black walnut Quglans californica) trees found on the Project site should be considered as a locally and regional rare, unique and/or uncommon (and/or) regionally rare plant species; that is, species that are rare or uncommon in a local or regional context, as such, would meet the CEQA definition of a rare species (CEQA § 15380). CEQA directs that a special emphasis be placed on "environmental resources" that are rare or unique to the region and would be affected by a proposed project [CEQA § 15125 (c)] or is so designated in local or regional plans, policies or ordinances (CEQA Guidelines, Appendix G). Public agencies have a duty under CEQA to avoid or minimize environ- mental damage and to give major consider- ation to preventing environmental damage (CEQA § 15021). Southern California black walnuts are California Native Plant Society (CNPS) Rank 4.2 and are considered locally sensitive species. In addition, the southern California black walnut is designated S3, which is considered vulnerable in the state 2. Respondent's and Real Parties' Opposition Brief, Friends of Westwanda Drive v. City of Los Angeles, et al., Case No. 19STCP04113, 12 CALIFORNIA WALNUT IN ENVIRONMENTAL REVIEW due to a restricted range with relative few populations. CDFW would consider loss of site populations of southern California black walnut to be potentially significant from a project and cumulative perspective under CEQA. Accordingly, impacts to these locally rare resources and adequate mitiga- tion measures that reduce the impacts to less than significant should be described and incorporated ... ' The need to review impacts to California walnut habitat is further established through the status of the vegetation associations that have the species as a component part. All natural com- munities (defined as vegetation Alliances and Associations) that include Juglans californica are identified as Sensitive Natural Communities in the California Natural Community List from the California Department of Fish and Wildlife (Table 2)"CDFW requires consideration of impacts to Sensitive Natural Communities in environmental review: Natural Communities with ranks of Sl-S3 are considered Sensitive Natural Communi- ties to be addressed in the environmental review processes of CEQA and its equiva- lents s The City of Los Angeles has in recent years relied on compliance with its Protected Tree Ordinance to claim that impacts on California walnut and its Sensitive Natural Communities are mitigated. The ordinance, however, does not have mechanisms to mitigate such impacts. Measures that are tied to replacing individual protected trees, such as the City's Protected Tree Ordinance, do not provide adequate mitigation for Sensitive Natural Communities. Tree protec- tion ordinances focus on individual trees, but CEQA analysis requires recognition of the whole 3. Letter from California Department of Fish and Wildlife commenting on Mt. San Antonio College 2015 Facilities Master an Update (FMPU) Supplemental Environmental Impact Report), dated August 8, 2016, 4. httpsJ/nrm.dfg.ca.gov/FileHandler,ashx?DocumentlD=153398 5. https,,/Mldlife.ca.gov/Data/VegCAMP/Natural- Communities#sensitive%20natural%2ocommunities .• .. 61.130.18 .� . . Populus fremonfii -Juglans mli/ornica Association Y 72.100.00 California Walnut Groves Alliance G3 53 Y 72.100.03 Juglans californica /annual herbaceous Association G3 53 Y 72.100.04 Juglans californica / Artemisia californica / Leymus condensafus Association G3 53 Y 72.100.05 Juglans californica /Ceanothus spinosus Association G3 53 Y 72.100.06 Juglans californica / Heteromeles arbutifolia Association G3 S3 Y 72.100.07 Juglans californica / Malosma laurina Association GNR Y 72.100.08 Juglans californica -Quercus agrifolia Association (includes former Quercus agrifolia - Juglans californica Association) G3 S3 Y 74.100.11 Umbellularia californica-Juglons californica /Ceanothus spinosus Association G3 S3 Y TABLE 1. California Natural Communities (defined as vegetation Alliances and Associations) containing Juglans californica that are considered "sensitive" by California Department of Fish and Wildlife. G3: At moderate risk of extinction or elimination due to a restricted range, relatively few populations (oNen 80 or fewer), recent and widespread declines, or other factors. S3: Vulnerable in the slate due to a restricted range, relatively few populations (often 80 or fewer), recent and widespread declines, or other factors making if wlnerable To extirpation. GNR: Global rank not yet assessed. Fremont Cotlonwood -California Walnut Woodland (Populus hemontll - Juglans callfornfca Association) is not currently assigned a rarity rank, but is identified as a Sensitive Natural Community, meaning that CDFW considers it to be at least 53 rariry.b community of organisms that live within an area, in this instance within the oak —walnut woodland or walnut grove. Replacement of specimen trees on a site that has its habitat area significantly reduced to accommodate large structures does not offset the impacts to the recognized Sensi- tive Natural Community. The tree -based "replace- ment" program under the City of Los Angeles ordinance also does not require replacement of California walnuts with California walnuts, but rather routinely and nearly exclusively allows their replacement with coast live oak, resulting in a permanent and unmitigated loss of California walnut and its associated Sensitive Natural Communities (Figure 9). Furthermore, the Protected Tree Ordinance pertains only to trees that have a 4-inch diameter at breast height and allows routine removal of California walnuts that are smaller than this size. As a result, California walnuts within fuel modification areas and on parcels that might be developed are never allowed to grow into mature trees and reproduce, impeding the ability of the species to sustain its numbers. Replacing individual trees (even when they are the same species) but not habitat area is inef- fective as a mitigation measure. Scientists have firmly established the predictable relationship between habitat area and the number of species supported by that area (Arrhenius 1921, Preston 1948). The relationship, referred to as the "species —area curve," is expressed by the equa- tion S = cA� where S is number of species, A is area, and c and z are constants that vary by the ecosystem type and the geographic configuration of the area. IfA decreases, then S also decreases. Some of the rich complement ofoak—walnut woodland species will be eliminated from a site where the area of habitat is reduced, even if individual trees are planted as "replacements," because they do not make up for the loss of area. Furthermore, replacing individual trees does not replicate the preexisting structure and biodiversity of a vegetation Association. This has been known for years, and has previously been reviewed for oak woodlands: 6. Id. Elaborating on the methods for describing rarity, CDF1N writes, "We have not ranked all associations with specific G and S ranks, except those defined from specific projects where they are well -understood geographically and so are more accurately ranked than placed within the broader "Sensitve" category. Natural Communities with ranks of 1-3 are considered sensitive and marked with a Y in the rightmost column." CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS j $ Local jurisdictions also allow the removal of mature oaks in exchange for planting some greater number of smaller, sapling oaks. This contributes to the degradation of overall habitat values in three ways. First, the structural complexity of mature oaks will not be achieved by replacement specimens for decades. Second, mitiga- tion plantings are often installed at sites that are not ecologically appropriate or in locations that will not be optimum for long-term viability. Monitoring of such mitigation plantings usually ceases after five years, far before replacement of the habitat values of the removed trees could ever even hope to be achieved. Third, mitigation plantings never include the associated understory species of an intact oak woodland (Longcore and Rich 2003). Meaningful mitigation for impacts to a Sensitive Natural Community might involve on- or off -site permanent protection or restoration of the same FIGURE 9. The City of Los Angeles Protected Tree Ordinance routinely allows removal of California walnuts such as these and their replacement by coast live oaks crowded into a much smaller area. habitat type at a specified mitigation ratio. A typical mitigation ratio for loss of a Sensitive Natural Community ranked S3 (all of those withJuglans californica) as required by CDFW would be 5:1 (in area/acreage). Avoidance of significant impacts on rare species and Sensitive Natural Communities is always the most desir- able outcome. If impacts are unavoidable, an area -based mitigation scheme is required, with permanent protection, performance criteria, and enforceability, as part of CEQA compliance. j 4 CALIFORNIA WALNUT IN ENVIRONMENTAL REVIEW SCREENING iV1APS FOR CALIFORNIA WALNUT AND COAST LIVF' e developed screening maps fo. eastern Santa Monica Mountair area bounded by the 405 FreeH on the west, Ventura Boulevard on the nc the 101 Freeway on the east through the Cahuenga Pass, and Sunset Boulevard on the south (Figures 10-11). We produced maps with a 10-m grid showing the areas that are most likely to have either California walnut or coast live oak present within each grid cell. These represent the cells where our analysis of the vegetation height and spectral prope of each pixel within the cell returned the values for each species (see Appendix). T maps indicate, at the parcel scale, those 1 tions that have the greatest probability o each species present. They represent the _o confidence locations from the analysis. %1 A T For walnuts, the areas with the highest values are at greater elevation than the oaks. They include scattered 10-m cells within areas mapped on the north -facing slopes as walnut woodlands by the National Park Service, as would be expected. Substantial concentrations of probable walnut trees also are visible in Beverly Glen Canyon, Benedict Canyon, and Stone Canyon on the south -facing slope, along with pockets within residential neighborhoods on the north -facing slope in Studio City. The distribution for ]0-m grid cells with many probable oalc tree pixels differs by extending farther south into the foothill neighborhoods just north of Sunset Boulevard and being more prevalent at these elevations. This pattern is consistent with descriptions of the historical ecology of the region that show a band of oak woodlands that extended historically east -west across the Santa Monica Mountains foothills, and which Indigenous peoples tended to maximize acorn production before European settlement (Ethington et al. 2020). The differences between the areas of greater dominance of oaks and walnuts are visible in the 250-m resolution map (Figure 12). At this resolu- tion, the oak woodland band in the foothills is quite apparent, while walnuts have a greater extent at higher elevations. It should be noted, however, that even in those areas mapped as walnut woodlands, oaks are also found, and vice versa. This result should inform those doing field surveys for vegetation mapping to be prepared CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS j $ IGI � Nanh N011ywoo0 � herman Oaks - - - - s \\ � 405 � ����� - nes_.o�r t fib-, \`—J"p°y`a i _ / ' .. ' �1 ' .. � Y . / ', / tary .7r N• i \\ � ''et- �- . . 5 A N \r A 1 - 1 �'kVeslwbbd van uil �nY 13d Ciry \ �S. E'�� � �l) ��i i Nollywbcd � /' ~' '��� 4Vesl Hullyrvbbd Beverly Gmve La 6rea MId�WileMre toe Angeles her_an aka --� — -. 1el � Nanh HWlywbsd \: .. �.1 A :� 'M .. � S A N ;T . A M.- ...+'r �� Hanywam 1 .. t.... � � west Nbuywooe \ � 4 .-•. �� � . //'/ Beverly Grove La Brea Loi Angeles \''� / �. _ � �� j Study Area / FIGURE 11. Distribution of 10-m / . Oakiree / Mid•Wllehirt grid cells with the highest counts of ," ��/ century cily Counts pixels classi}ied as coast live oak. weetwaod neoeeemavrnrera.�res�e» j 6 SCREENING MAPS FOR CALIFORNIA WALNUT AND COAST LIVE OAK ��e� n o`hs - - _ _ lol - \� x9dn Honywaoe __ / 4C5 __ '�'�� _ 139 �,. � 11 i LI I � � �. un��draalcur J, �r fy,��t.] � 1� � : L , � � �\�Q ,� � � � }} ��"" t. c %�` '� :r_� I � N t - . (� T P r-- � 1 � —� e u N � 1 � � m ' ,_ � N � N I � -- � lol] S A N t;,T � -- � wmy �,�. 1 �i^'��� - ' :: '�i� Wesl Hollywu0tl �`� !1 \� - � -I i i � � � BBverly Grove le Brea lOa Angeles / ` ;_ j Study Area FIGURE 1 R. Coast live oak (salmon), California walnut (hlue), and oak -walnut woodland (purple) ■ Walnuts at 450-m resolution. Color squares represent the top quintile of pixel values for each species. MId�wlHhiro Walnuts includes up to 50% oaks, Oaks is 60-90% oaks, and Walnuts &Oaks is 50-60% oaks, ■ oaks each as a percentage of all trees. ■ walnuts&oaks fia� nn„ 5 A N + �:� M �•® b �o Hodn Hmlrwooa I]9 `_ .--i`4n"�— �I ® � �.� um�draalc � e A�o �T\ _ � '�� `$A� � � Inl N d � o ` ey�=� ". �1 �� � � � Weal HBllyw00e O � � esystly Grow La Srea MIe�WIHMq Ily Average Numher of Pixels In Woodland Polygons i� j Sludy Area WALNUTS ❑ 0-2 ■ ]-6 ■ 6-12 ■ 13-19 ■ 19�]1 OAKS ❑ U3 ❑ 39 ■ ¢16 ■ 1628 ■ 38i0 CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS j to find mixed oak —walnut woodlands throughout the eastern Santa Monica Mountains and not only on north -facing slopes, which are typically associated most with walnut woodlands. Our remote sensing approach focused on identi- fying locations that were likely to be individual walnut or oak trees and not on mapping and classifying vegetation communities. These are two different activities —vegetation mapping involves dividing the landscape up into relatively homogeneous and mutually exclusive units and then assigning each unit to a vegetation type based on the dominant species. Because rules for membership in a vegetation classification focus on the tallest vegetation, trees may define a mapped unit without having continuous cover. However, the two native species that we mapped certainly should be found within the vegetation communities California Walnut Groves and Coast Live Oak Woodland. We extracted these two communities from the vegetation map of the Santa Monica Mountains (Keeler -Wolf et al. 2007) and mapped the average number of pixels within 10-m grid cells in each polygon that we classi- fied as either California walnut or coast live oak (Figure 13). The resulting map shows the results graphically for walnuts within walnut woodlands and oaks within oak woodlands. We see that a few, but not many, of the walnut woodland poly- gons and a few of the oak woodland polygons have low counts for their respective species. Low pixel counts classified as walnut trees are more common for the walnut woodlands, which can be attributed to areas where walnuts are the dominant tree species but are spaced sparsely within the area. As another assessment of our results compared with the NPS vegetation maps, we compared the average number of pixels of our presumed oak and walnut trees in each mapped walnut wood- landand oak woodland polygon (Figure 14). The average number of oak pixels in oak woodlands was significantly higher than walnut pixels. The median number ofwalnut pixels in walnut groves was higher with no significant difference from wrmn. . o.w NPS VEGETATION MAPS F16YR! 1�. Average oak or walnut pixels (log scale) in polygons mapped as Coast Live Oak Woodland or California Walnut Groves. oak pixels. This result is consistent with the membership criteria for walnut groves, in which walnuts only have to be 30� of relative cover if oaks are present (Sawyer et al. 2009). High presence of oak trees in vegetation mapped as walnut groves is to be expected. j $ SCREENING MAPS FOR CALIFORNIA WALNUT AND COAST LIVE OAK RECOMMENDATIONS Encourage Documentation of Walnut Trees by Community The screening maps suggest a distribution of California walnut beyond the historical descrip- tion of habitat on the north face of the Santa Monica Mountains. Confirmation of the screening maps and additional detail about the distribution of California walnut within the eastern Santa Monica Mountains would aid in planning and conservation efforts. Many of the locations used in this study were recorded in the Naturalist app (Figure 15). California walnut is conspicuous and easy to identify by residents and visitors. It may also be an indicator species for biological diversity within open spaces and neighborhoods. Conservation organizations, local jurisdictions, and CDFW should undertake an education campaign to inform the public, including munici- pal and county leaders, about the presence and importance of California walnut and encourage residents and visitors to photograph and upload geolocated observations of walnut trees across Ventura, Los Angeles, Orange, and Riverside counties to Naturalist. CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS j 9 Southern California Walnut'aigianscah/arn;ca) ®O i^,^c carrie4 M 356 observations 0 0 Observed: Submitted: Ap 30.2a21�7:31 AM YDT Aos 30, 2a21�B:19AM BOT �} 7 Map � Satellite ♦ r - �_ = �;' Re��,' t � e e ; a,:.:; v � Ieo rt a i���i ��..eLr!� �, � I$ �; �fi`ei� ���.�jF`� � Ln� Am ,aroaMe010nGyl, mYm• � biutlNa 4Fnamoamv V Los Aneeles, CA 90272. USA Details. ' Be the lirst la lave ehk obsenatior' FIGURE 15. Example observation of Juglans californica on the iNaturalist website, indicating that it has a status of "vulnerable" (VU), is endemic to California (star), and that the observation has been confirmed by other naturalists (Research Grade). Fix City of Los Angeles CEQA Review Current City of Los Angeles CEQA practices exempt single-family home development from review, including in the eastern Santa Monica Mountains. A site that supports sufficient cover of California walnuts as part of a woodland should be recognized as being part of a State - recognized Sensitive Natural Community and mapped accordingly (see Sawyer et al. 2009). A Categorical Exemption from further review cannot be used for properties with a rare species or Sensitive Natural Community present because it can be concluded with certainty that loss of that habitat would constitute a significant adverse impact unless mitigated. The City of Los Angeles often points to its Protected Tree Ordi- nance in arguing that such development would not have impacts, but that regulatory tool only provides for replacement trees (which may not be of the same species), and not mitigation of the habitat area impacted at any ratio, let alone at the 5:] mitigation ratio recommended by the California Department of Fish and Wildlife for Sensitive Natural Communities of this rarity.' To stem the loss of this rare species and mitigate unavoidable losses, the City of Los Angeles should: No longer use Categorical Exemptions for properties that contain vegetation that would be mapped as Sensitive Natural Communities (including all Alliances and Associations containingJuglans californica) under appropriate mapping 1. Kelly Schmoker-Stanphill, California Department of Pish and Wildlife, email to Travis Longcore dated November 27, 2019. Quoting from that email as an example of CDFW guidance on projects with Sensitive Natural Communities present: "The Department considers natural communities with ranks of S1—S3 to be sensitive natural communities that should be addressed in CEQA (CEQA Guidelines § 151251cj). An S3 ranking indicates there are 21-80 occurrences of this communiTy in existence in California, S2 has 6-20 occurrences and St has less than 6 occurrences. The Department recommends avoiding any sensitive natural communities found on the Project. If avoidance is not feasible, the Department recommends mitigating at a ratio of no less than 5:1 for impacts to 53 ranked communities and 7:1 for 52 communities. This ratio is for the acreage and the individual plants that comprise each unique community." 'jQ RECOMMENDATIONS protocols; 2. Avoid impacts to Sensitive Natural Com- munities and rare species where possible; and 3. Mitigate any impacts to Sensitive Natural Communities by protection or restoration of the same habitat type at a 5: ] mitiga- tion ratio by acreage and tree number. Improve Information About California Walnuts for Consultants and Landowners The California Natural Diversity Database (CNDDB) and its online mapping tools are pro- vided by CDFW to aid consultants and landown- ers in assessing the potential sensitive species that might be found on a particular property. For the eastern Santa Monica Mountains, the CNDDB includes only one single stand ofJuglans californica, in Wilacre Park. More complete data in appropriate GIS formats are available for easy incorporation into the CNDDB and should be added, both from the map of the vegetation of the Santa Monica Mountains (Keeler -Wolf et al. 2007) and from the many research -grade observations on iNaturalist. The screening maps from this report and the National Park Service vegetation map will be shared with the public in an online tool (bit.ly/SMMwalnuts). Prioritize Purchase of Sites Supporting California Walnut Much of the current focus of local conservation efforts in the eastern Santa Monica Mountains is on the preservation of corridors for movement of large mammals (particularly mountain lion, bobcat, and mule deer). This goal is important but a focus solely on connectivity for larger mammals risks undermining conservation of rare species, including birds, that persist within the mosaic of developed and undeveloped parcels and have a greater conservation need in terms of species rarity. California walnut has a restricted range in southern California that is already dramatically reduced by urban development. It is threatened by both increasing temperatures and further residential construction within the very topographically diverse landscapes that provide its greatest hope for suitable microclimates to persist in the face of climate change. Public and private conservation buyers should identify and target properties for acquisition or conservation easements that protect as much of the remaining distribution of California walnut as possible. This recommendation extends to parcels that are subject to fuel modification around structures because so long as the walnuts are not cut to the ground, they provide important habitat even with a cleared understory. Expand Analysis and Conservation Strategies to Full Range of California Walnut The mapping effort described here is limited to a portion of the range of California walnut as an example at the heart of the species range and to complement the current planning effort by the City of Los Angeles in its "Wildlife Pilot Study" The species would benefit from arange- wide assessment of the current distribution and threats from development. It is likely that similar development patterns and environmental changes threaten the species in areas other than the Wildlife Pilot Study area, both in and out of the City of Los Angeles. For example, the rapidly redeveloping areas of Mount Washington, Monterey Hills, and southwest toward Rose Hills and the Puente Hills are also important centers of California walnut distribution and are at risk because of the ineffectiveness of the current environmental review process. There are also remnant walnut groves in alluvial soils in the San Fernando Valley that are neither mapped nor given appropriate consideration in environmental review. Currently, the Los Angeles Zoo is propos- ing to expand into California walnut habitat. Cooperation between local land trusts, regional land conservation agencies (such as the State conservancies), the California Department of Fish and Wildlife, and municipal planners and decisionmakers should chart a course now to protect the remaining distribution of California CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS Qj walnut and ensure that it does not become more imperiled than it already is. If coordinated action is delayed, stabilizing and recovering the species will become more difficult. Increased coordina- tion and planning in support of this uniquely southern Californian species and its habitat is long overdue. ZZ RECOMMENDATIONS LITERATURE CITED Anderson, E. N. 2002. Some preliminary observa- tions on the California black walnut (/uglans californica). Fremontia 30:12-19. Arrhenius, 0. 1921. Species and area. Journal of Ecology 9:95-99. Brinkman, K. A. 1974. Juglans L. Walnut. Pages 454-459 in C. S. Schopmeyer, editor. Seeds of the Woody Plants of the United States. Agricul- ture Handbook No. 450. Forest Service, U.S. Department of Agriculture, Washington, D.C. Dagit, R., T. Hartwig, C. Simon, J. Decruyenaere, D. LeFer, T. Scott, M. Witter, M. Ferriter, L. Jessup, R. Ly, and J. Spector. 2019. Los Angeles County Native Tree Priority Planting Plan for the Santa Monica Mountains National Recreation Area. Final Report for Los Angeles County Contract #SPF03-03. Resource Conservation District of the Santa Monica Mountains, Topanga, California. Dudek. 2019. Draft Beverly Hills Very High Fire Hazard Severity Zone Tree Related Fire Hazards. Dudek, Pasadena, California. Espitia, Y., A. Hernandez, S. Hui, K. Khoda- doostan, and N. Le. 2020. Mapping Southern California Black Walnut j/uglans californica) [unpublished practicum report]. UCLA Department of Ecology and Evolutionary Biology, Los Angeles. Ethington, P.J., B. MacDonald, G. Stein, W. Deverell, and T. Longcore. 2020. Historical Ecology of the Los Angeles River Watershed and Environs: Infrastructure fora Compre- hensive Analysis. University of Southern California Spatial Sciences Institute, Los Angeles. Gauch, H. G. 1982. Multivariate methods in community ecology. Cambridge University Press, New York. Griffin, J. R., and W. B. Critchfield. 1972. The Distribution of Forest Trees in California. USDA Forest Service Research Paper PSW-82. Pacific Southwest Forest and Range Experi- ment Station, Forest Service, U.S. Depart- ment of Agriculture, Berkeley, California. Grinnell, J. 1936. Up -hill planters. The Condor 38:80-82. Horton, J. S. ] 949. Trees and Shrubs for Erosion Control in Southern California Mountains. State of California and California Forest and Range Experiment Station, U.S. Forest Service, Sacramento. Houborg, R., J. B. Fisher, and A. K. Skidmore. 2015. Advances in remote sensing of vegeta- tionfunction and traits. International Journal of Applied Earth Observation and Geoinformation 43:1-6. Jepson, W. L. 1910. The Silva of California. The University Press, Berkeley. Keeler -Wolf, T., J. Evens, J. Christian, R. Taylor, E. Reyes, and J. Tiszler. 2007. A vegetation clas- sification for the Santa Monica Mountains. Pages 131-157 in D. A. Knapp, editor. Flora and Ecology of the Santa Monica Mountains. Southern California Botanists, Fullerton, California. Keeley, J. E. 1990. Demographic structure of California black walnut (/uglans californica; Juglandaceae) woodlands in Southern Cali- fornia. Madrono 37:237-248. CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS Q$ Longcore, T., and C. Rich. 2003. Urban oaks and urban oak woodlands. Oaks [newsletterj. Cali- fornia Oak Foundation, Berkeley, California. Miller, R. B. 1976. Wood anatomy and identifica- tion of species ofJuglans. Botanical Gazette ] 37:368-377. Munz, P. A. 1973. A California flora and supplement. University of California Press, Berkeley. Preston, F. W. 1948. The commonness, and rarity, of species. Ecology 29:254-283. Quinn, R. D. 1989. The status of walnut forests and woodlands (/uglans californica) in southern California. Pages 42-54 in A. A. Schoenherr, editor. Endangered Plant Communi- ties of Southern California. Southern California Botanists, Claremont, California. Riordan, E. C., T. W. Gillespie, L. Pitcher, S. S. Pincetl, G. D. Jenerette, and D. E. Pataki. 2015. Threats of future climate change and land use to vulnerable tree species native to Southern California. Environmental Conserva- tion 42:127-138. Sawyer, J. 0., T. Keeler -Wolf, and J. Evens. 2009. A Manual of California vegetation. Second edition. California Native Pant Society, Sacramento. Stritch, L., and M. Barstow. 2019.Juglans cali- fornica, southern California black walnut. The IUCN Red List of Threatened Species 2019: e.T35154A61524825. Swanson, C. J. 1967. The Ecology and Distribu- tion ofJuglans californica Wats. in Southern California. California State College at Los Angeles, Los Angeles. Tiszler, J., and P. W. Rundel. 2007. Santa Monica Mountains: biogeography and cu►tural history. Pages 1-16 in D.A. Knapp, editor. Elora and Ecology of the Santa Monica Mountains. Southern California Botanists, Fullerton, California. Tucker, C. J.1979. Red and photographic infrared linear combinations for monitoring vegetation. Remote Sensing of Environment 8:127-150. QQ LITERATURE CITED APPENDIX: METHODS FOR DEVELOPMENT OF SCREENING MAPS We used differeentnt sources, geal layers obtained from two the National Agriculture Imagery Program (NAIP) and the Los Angeles Region Imagery Acquisition Consortium (LARIAC). NAIP imagery is collected during low cloud cover during a "leaf -on" season with a 0.6- meter spatial resolution, and has four spectral bands corresponding to the blue, green, red, and near -infrared regions of the spectrum. The near -infrared region is especially valuable when studying vegetation because it provides informa- tion about chlorophyll content in plants and thus can be used to assess vegetation health, as well as to identify vegetation life forms and species. The 2016 imagery was collected during June, and the 2018 imagery during July. Both datasets were collected during a "leaf -on" season, but 2016 was a drought year and 2018 was not. These two datasets together facilitate use of differences in drought response of the target species to distin- guish among them. LARIAC data contained 4-band 4-inch ortho- imagery, collected in 2017, and a 0.9-meter digital elevation model (DEM) with its derivatives (Slope, Aspect, Height Above Ground (HAG)). Training and testing locations for coast live oak and California walnut trees were obtained from GPS points collected by students involved in a research project at UCLA (Espitia et al. 2020), research -grade community observations recorded on the iNaturalist.org platform, and visual inspec- tionusing Google Street View. In addition, we used habitat suitability maps created for the Los Angeles County Native Tree Restoration Mitigation and Priority Planting P►an (Dagit et al. 2019), vegetation maps for the Santa Monica Mountains National Recreation Area (Keeler -Wolf et al. 2007), and maps from a preliminary assessment of fire hazard from street trees in Beverly Hills (Dudek 2019). Processing and Classification Screening maps were created in several steps (Figure 16). The steps were as follows: 1) aligning and resampling available imagery, 2) building a tree mask, 3) creating a training set, 4) creating a raster dataset (data transformation), 5) image classification, and 6) evaluation of results. The whole process was iterative, with each step tightly intertwined with the other steps. CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS Q$ 1.DATA LAYERS 2.TREEMASK f�1� 3.TRAININGSET 4. LAYER STACK S. CLASSIFICATION 6. EVALUATION FIGURE 16. S<hemafi< of workflow. Boxes 1, 2, and 3 describe three initial tasks that were carried out in parallel. The data layers, such as 2-year NAIP imagery and HAG, were resampled to match NAIP pixel size. Each of the NAIP 4-band images was used to calculate a normalized difference vegetation index (NDVI) for its respective year. NDVI is a spectral ratio that is widely accepted by the remote sensing community to assess vegetation health via chlorophyll content (Tucker 1979, Houborg et al. 2015). We then created a mask that excluded pixels of non -vegetated substrate and shorter vegetation types, such as grass and shrubs. [n doing so, we applied a threshold to HAG and thresholds to both years of NDVf layers and reasoned that trees would have height greater than 6.5 feet AND have the NDVI value above 80i in at least one of the years. These parameters worked well to exclude short features (either natural or human -made) as well as tall features of a non - vegetative nature such as buildings and bridges. For example, a mask resulting from a threshold applied to NDVI only would include a grassy sports field along with trees. The HAG layer alone, when thresholded with 6.5 feet, would include both trees and tall buildings, but when these two layers were added together, unwanted categories, such as grass and buildings, were eliminated (Figure 1 �. Most data points for the locations of coast live oalc and California walnut trees were downloaded from iNaturalist.org. Data from this website and its associated mobile device application are increasingly extensive as the platform grows in popularity with both community -based nature enthusiasts and professional scientists. The avail- able data, however, must be carefully examined and filtered; GPS data collected for different purposes, with the use of different instruments, in some cases by enthusiasts with little expertise, may carry locational and identification errors. For example, a short tree that is growing under the crown of a larger tree would have no value for our project, in which we are interested in trees that are clearly seen from the sky. It may, however, may be very valuable for vegetation community studies. The iNaturalist dataset comes with rich metadata, including locations, photos, locational accuracy, quality (research grade or not), and other attributes. We thor- oughly examined the dataset, leaving only points identified as research grade and with locational accuracy better than 20 meters. We further reduced the dataset to have only points that fall within our tree mask, were not overshadowed by other vegetation, and were confidently identi- fied as target species. In addition to coast live oalc and California walnut we built datasets for common species that occur in natural and urban parts of the study area: California sycamore (Platanus racemosa), arroyo willow (Salix lasiol- epis), Mexican elderberry (Sambucus mexicana), blue gum tree (Eucalyptus globulus), Canary Island pine (Pinus canariensis), and cypress (Cupressus sempervirens). We then built a training set that contained several tree species. That involved building a dendrogram and eliminating points that pre- j6 APPENDIX: METHODS FOR DEVELOPMENT OF SCREENING MAPS FIGURE 17. Tree map as a combination of spectral index and height above ground layers. (A) NDVI > 0.8; (B) HAG > 6.5 feet; (CJ combination of (A) and (B); (D) NAIP image. sented high confusion with other species' spec- tral signatures. Simultaneously with this process, we tested classification performance on different combinations of layers. We first created a layer stack of the most relevant layers, two years of NAIP imagery and a HAG raster, which were subjected to Principal Component Analysis (PCA). PCA is usually used to reduce heavy datasets with redundant variables (Gauch 1982). It transforms the original dataset into a new coordinate system with new uncorrelated variables, still preserving most of the information present in the original dataset. The first three components of PCA account for 95 percent of data variation. We applied an image segmentation tool to one of the PCA bands to create a thematic raster that would facilitate capturing shapes of different ts. Building the training et objecswas a process that FIVOlved frequently cross-examining multiple datasets: the tree mask, NDVI-2016, NDVI-2018, LARIAC, and PCA. The final dataset that was used for classification consisted of a 4-band raster: three PCA bands (containing information about vegetation health and height above ground), and a thematic raster resulting from segmentation. The PCA transfor- mation distinguishes trees of different species that appear similar in regular color imagery (Figure 18). After the three main components of the analysis (raster dataset, training points, and tree mask) were completed, we performed image classifica- CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS Q% 500 490 480 455 445 43S 20 140 BAND1 180 200 150 140 • • • �Ir• m • Izo �3 '• i •�. FS: tto 20 140 BAND 7 780 200 REPRESENTATIVE SIGNATURES: • Oaks � Walnut � Blue Elderberry � Sycamore � Pines FIGURE 18. NAIP image (top IeN); PCA raster (fop right); signatures of different tree species (bottom), Q$ APPENDIX: METHODS FOR DEVELOPMENT OF SCREENING MAPS tion using a Maximum Likelihood Classification (MLC) algorithm. MLC is the most widely used method in remote sensing. It assumes normal distribution of statistics in each class and assigns each pixel a specific class based on its highest probability. The study area contains a vast variety of trees, both naturally growing in parks and planted ornamentally in residential areas. It would be impractical to collect data for all tree species that occur within the study area, thus we added several that are most common, and in the end categorized them as "other." This step reduced confusion between oaks, walnuts, and other trees. We then applied post -classification smoothing to eliminate a "salt -and -pepper" effect resulting from pixel -based classification. The method is used to erase speckle pixels, smooth class bound- aries, and to clump nearby pixels belonging to the same class. To visualize the results, we overlayed the classi- fied pixels within different levels of the hierarchi- cal Military Grid Reference System (MGRS) cells at different resolutions. The number of pixels for each species within cells at different resolutions were then visualized within ArcMap. To validate the results, we compared our pixel - level classification with existing maps of oal< and walnut woodlands at the vegetation Alliance level (Keeler -Wolf et al. 2007). Although this is a comparison between mapping of individual plant presences against mapping of a vegetation com- munity, the comparison of the two vegetation communities should show greater oak presence in the oak woodlands and greater walnut pres- ence in the walnut woodlands. We first summed the number of pixels probable for each species within the MGRS 10-m grids and omitted those grid cells with fewer than 76 probable pixels to focus on those cells mostly likely to have sub- stantial cover of either species. We then took the average of the number of probable pixels within each vegetation Alliance polygon and compared them. All data processing, including cleaning the original raw data, cross-referencing with high resolution imagery, data transformation, segmen- tation and classification, filtering and smoothing, were completed with ESRI ArcMap 10.7. CONSERVATION OF CALIFORNIA WALNUT IN THE EASTERN SANTA MONICA MOUNTAINS Q9 ME, 6 IlE OF W% A FEE +mowIIEI • �' ``: s M i .i r�,. r .v ME r " �id"I'li it Few S'� �, 1 71 raw 0 -_ • ��+? _ p °. OF Et IF Flillor. OF _ • 1 It 4 AI IF im Vk IF It FIF. IF via m Itt a ME FEE If FEE Ell OR III IMF OF X2' ME ME '16 et .it Or A FEE IF mac _ s �`'�'`�Y '1 w F ` a L•,to I =c �7t w .10 r ~0 Er At I ;+�T � @. .I fir( 'tii 1 /'• 11. MEMO ME, IF OF For IF t -FEE hip Or I IF All Ilk For �lA I OFF MEMO a ,. y; \ I ME -r FEE�E��i r� ^ice IMF OF 0 E IF OF %VNE IF I OF ME d IMF rViO OrP- 1.+, _ ,# III - I-�/',V MI - ,� ' r •`•A I OFit IOA% lot SMI VIVIIF aFV ✓ 1� OF J.; - t ♦ y Y R �, . L ►` • ti ��` ` y .i i -: I I` II `a4y� aI I IF IF 9.40 to p FEE ME" OF n s ' 4 t -of ME4 t ey�,. f a' a,_ \ 'i w � V .. c. a .r LN.1�f e. :.rIF:' .,. --.r• EF.3 URBAN WILDLANDS L { GROUP l Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities STATE OF CALIFORNIA CALIFORNIA NATURAL RESOURCES AGENCY DEPARTMENT OF FISH AND WILDLIFE DATE: March 20, 2018" TABLE OF CONTENTS 1. INTRODUCTION AND PURPOSE........................................................................... 1 2, BOTANICAL FIELD SURVEYS................................................................................ 4 3, REPORTING AND DATA COLLECTION................................................................. 7 4, BOTANICAL FIELD SURVEYOR QUALIFICATIONS ............................................ 11 5. SUGGESTED REFERENCES................................................................................ 11 1. INTRODUCTION AND PURPOSE The conservation of special status native plants and their habitats, as well as sensitive natural communities, is integral to maintaining biological diversity. The purpose of these protocols is to facilitate a consistent and systematic approach to botanical field surveys and assessments of special status plants and sensitive natural communities so that reliable information is produced and the potential for locating special status plants and sensitive natural communities is maximized. These protocols may also help those who prepare and review environmental documents determine when botanical field surveys are needed, how botanical field surveys may be conducted, what information to include n a botanical survey report, and what qualifications to consider for botanical field surveyors. These protocols are meant to help people meet California Environmental Quality Act (CEQA)t requirements for adequate disclosure of potential impacts to plants and sensitive natural communities. These protocols may be used in conjunction with protocols formulated by other agencies, for example, those developed by the U.S. Army Corps of Engineers to delineate jurisdictional wetlands2 or by the U.S. Fish and Wildlife Service to survey for the presence of special status plants.3 Minor editorial revisions were made to this document on February 3, 2021 ' Available at: https://files resaurces.ca.govlcega/ z Available at: https //www usace army mil/Missions/Civil-Works/Regulatory-Program-and- Permits/techbio/ s U.S. Fish and Wildlife Service Survey Guidelines: https://www fws.gov/sacraments/es/Survey_ Protocols -Guidelines/ Department of Fish and Wildlife Trustee and Responsible Agency Mission The mission of the California Department of Fish and Wildlife (CDFW) is to manage California's diverse wildlife and native plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public. CDFW has jurisdiction over the conservation, protection, and management of wildlife, native plants, and habitat necessary to maintain biologically sustainable populations (Fish & G. Code, § 1802). CDFW, as trustee agency under CEQA Guidelines section 15386, provides expertise in reviewing and commenting on environmental documents and provides protocols regarding potential negative impacts to those resources held in trust for the people of California. Certain species are in danger of extinction because their habitats have been severely reduced in acreage, are threatened with destruction or adverse modification, or because of a combination of these and other factors. The California Endangered Species Act (CESA) and Native Plant Protection Act (NPPA) provide additional protections for such species, including take prohibitions (Fish & G. Code, § 2050 et seq.; Fish & G. Code, § 1908). As a responsible agency, CDFW has the authority to issue permits for the take of species listed under CESA and NPPA if the take is incidental to an otherwise lawful activity; CDFW has determined that the impacts of the take have been minimized and fully mitigated; and the take would not jeopardize the continued existence of the species (Fish & G. Code, § 2081, subd. (b); Cal. Code Regs., tit. 14 § 786.9, subd. (b)). Botanical field surveys are one of the preliminary steps to detect special status plant species and sensitive natural communities that may be impacted by a project. Definitions Botanical field surveys provide information used to determine the potential environmental effects of proposed projects on special status plants and sensitive natural communities as required by law (e.g., CEQA, CESA, and federal Endangered Species Act (ESA)). Special status plants, for the purposes of this document, include all plants that meet one or more of the following criteria: • Listed or proposed for listing as threatened or endangered under the ESA or candidates for possible future listing as threatened or endangered under the ESA (50 C.F.R., § 17.12). • Listed or candidates for listing by the State of California as threatened or endangered under CESA (Fish & G. Code, § 2050 et seq.).4 In CESA, "endangered species" means a native species or subspecies of plant which is in serious danger of becoming extinct throughout all, or a significant portion, of its range due to one or more causes, including loss of habitat, change in habitat, overexploitation, predation, competition, or disease (Fish & G. Code, § 2062). "Threatened species" means a native species or subspecies of plant that, ^ Refer to current online published lists available at: https://nri-n.dfg.ca.gov/FileHandler.ashx?DocumentlD= 1 09390&nline Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 2 of 12 although not presently threatened with extinction, is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts required by CESA (Fish & G. Code, § 2067), "Candidate species" means a native species or subspecies of plant that the California Fish and Game Commission has formally noticed as being under review by CDFW for addition to either the list of endangered species or the list of threatened species, or a species for which the California Fish and Game Commission has published a notice of proposed regulation to add the species to either list (Fish & G. Code, § 2068). Listed as rare under the California Native Plant Protection Act (Fish & G. Code, § 1900 et seq.). A plant is rare when, although not presently threatened with extinction, the species, subspecies, or variety is found in such small numbers throughout its range that it may be endangered if its environment worsens (Fish & G. Code, § 1901), • Meet the definition of endangered, rare, or threatened species under CEQA Guidelines section 15380, subdivisions (b) and (d), which may include: o Plants tracked by the California Natural Diversity Database (CNDDB) as California Rare Plant Rank (CRPR) 1 or 2;6 and o Plants that may warrant consideration on the basis of declining trends, recent taxonomic information, or other factors. This includes plants tracked by the CNDDB as CRPR 3 or 4.6 Considered locally significant plants, that is, plants that are not rare from a statewide perspective but are rare or uncommon in a local context such as within a county or region (CEQA Guidelines, § 15125, subd. (c)), or as designated in local or regional plans, policies, or ordinances (CEQA Guidelines, Appendix G). Examples include plants that are at the outer limits of their known geographic range or plants occurring on an atypical soil type. Sensitive natural communities are communities that are of limited distribution statewide or within a county or region and are often vulnerable to environmental effects of projects. These communities may or may not contain special status plants or their habitat. CDFW's List of California Terrestrial Natural Communities' is based on the best available information, and indicates which natural communities are considered sensitive at the current stage of the California vegetation classification effort. See the Vegetation e See CNDDB's Special Vascular Plants, Bryophytes, and Lichens List for plant taxa with a CRPR of 1 or 2: https:/Mrm.dfg.ca.gov/FileHandler.ashx?DocumentlD=109388&inline s CRPR 3 plants (plants about which more information is needed) and CRPR 4 plants (plants of limited distribution) may warrant consideration under CEQA Guidelines section 15380. Impacts to CRPR 3 plants may warrant consideration under CEQA if sufficient information is available to assess potential impacts to such plants. Impacts to CRPR 4 plants may warrant consideration under CEQA if cumulative impacts to such plants are significant enough to affect their overall rarity. Data on CRPR 3 and 4 plants should be submitted to CNDDB. Such data aids in determining and revising the CRPR of plants. See CNDDB's Special Vascular Plants, Bryophytes, and Lichens List for plant taxa with a CRPR of 3 or 4: https //nrm dfg ca gov/FileHandler ashx?DocumentiD=109383&inline Available at: https7l/wildlife ca gov/DataNegCAMP/Natural-Communities#natural communities lists Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 3 of 12 Classification and Mapping Program (VegCAMP) website for additional information on natural communities and vegetation classification" 2. BOTANICAL FIELD SURVEYS Evaluate the need for botanical field surveys prior to the commencement of any activities that may modify vegetation, such as clearing, mowing, or ground -breaking activities. It is appropriate to conduct a botanical field survey when: • Natural (or naturalized) vegetation occurs in an area that may be directly or indirectly affected by a project (project area), and it is unknown whether or not special status plants or sensitive natural communities occur in the project area; • Special status plants or sensitive natural communities have historically been identified in a project area; or • Special status plants or sensitive natural communities occur in areas with similar physical and biological properties as a project area. Survey Objectives Conduct botanical field surveys in a manner which maximizes the likelihood of locating special status plants and sensitive natural communities that may be present. Botanical field surveys should be floristic in nature, meaning that every plant taxon that occurs in the project area is identified to the taxonomic level necessary to determine rarity and listing status. "Focused surveys" that are limited to habitats known to support special status plants or that are restricted to lists of likely potential special status plants are not considered floristic in nature and are not adequate to identify all plants in a project area to the level necessary to determine if they are special status plants. For each botanical field survey conducted, include a list of all plants and natural communities detected in the project area. More than one field visit is usually necessary to adequately capture the floristic diversity of a project area. An indication of the prevalence (estimated total numbers, percent cover, density, etc.) of the special status plants and sensitive natural communities in the project area is also useful to assess the significance of a particular plant population or natural community. Survey Preparation Before botanical field surveys are conducted, the botanical field surveyors should id compile relevant botanical information in the general project area to prove a regional context. Consult the CNDDB9 and BIOS10 for known occurrences of special status plants and sensitive natural communities in the project area prior to botanical field surveys. Generally, identify vegetation and habitat types potentially occurring in the project area based on biological and physical properties (e.g., soils) of the project area e Available at: https'//www wildlife ca.govlData/VegCAMP s Available at: https//www wildlife ca.gov/Data/CNDDB 10 Available at: littps�//www.wildlife.ca,gov/Data/BIOS Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 4 of 12 and surrounding ecoregion.11 Then, develop a list of special status plants and sensitive natural communities with the potential to occur within the vegetation and habitat types identified. The list of special status plants with the potential to occur in the project area can be created with the help of the CNDDB QuickView Tool 92 which allows the user to generate lists of CNDDB-tracked elements that occur within a particular U.S. Geologica Survey 7.5' topographic quad, surrounding quads, and counties within California. Resulting lists should only be used as a tool to facilitate the use of reference sites, with the understanding that special status plants and sensitive natural communities in a project area may not be limited to those on the list. Botanical field surveys and subsequent reporting should be comprehensive and floristic in nature and not restricted to or focused only on a list. Include in the botanical survey report the list of potential special status plants and sensitive natural communities that was created, and the list of references used to compile the background botanical information for the project area. Survey Extent Botanical field surveys should be comprehensive over the entire project area, including areas that will be directly or indirectly impacted by the project. Adjoining properties should also be surveyed where direct or indirect project effects could occur, such as those from fuel modification, herbicide application, invasive species, and altered hydrology. Surveys restricted to known locations of special status plants may not dentify all special status plants and sensitive natural communities present, and therefore do not provide a sufficient level of information to determine potential impacts. Field Survey Method Conduct botanical field surveys using systematic field techniques in all habitats of the project area to ensure thorough coverage. The level of effort required per given area and habitat is dependent upon the vegetation and its overall diversity and structural complexity, which determines the distance at which plants can be identified. Conduct botanical field surveys by traversing the entire project area to ensure thorough coverage, documenting all plant taxa observed. Parallel survey transects may be necessary to ensure thorough survey coverage in some habitats. The level of effort should be sufficient to provide comprehensive reporting. Additional time should be allocated for plant identification in the field. Timing and Number of Visits Conduct botanical field surveys in the field at the times of year when plants will be both evident and identifiable. Usually this is during flowering or fruiting. Space botanical field survey visits throughout the growing season to accurately determine what plants exist in the project area. This usually involves multiple visits to the project area (e.g., in early, mid, and late -season) to capture the floristic diversity at a level necessary to determine Ecological Subregions of the United States, available at: http'//www fs fed us/land/nubs/ecoregions/ toc.html 2 Available at: https://www.wildlife.ca.gov/D ta/CNDDBIMaps-and-Data. When creating a list of special status plants with the potential to occur in a project area, special care should be taken to search all quads with similar geology, habitats, and vegetation to those found in the project area. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 5 of 12 if special status plants are present. 13The timing and number of visits necessary to determine if special status plants are present is determined by geographic location, the natural communities present, and the weather patterns of the year(s) in which botanical field surveys are conducted. Reference Sites When special status plants are known to occur in the types) of habitat present in a project area, observe reference sites (nearby accessible occurrences of the plants) to determine whether those special status plants are identifiable at the times of year the botanical field surveys take place and to obtain a visual image of the special status plants, associated habitat, and associated natural communities. Use of Existing Surveys For some project areas, floristic inventories or botanical survey reports may already exist. Additional botanical field surveys may be necessary for one or more of the following reasons: Botanical field surveys are not current; 14 Botanical field surveys were conducted in natural systems that commonly experience year to year fluctuations such as periods of drought or flooding (e.g., vernal pool habitats or riverine systems); Botanical field surveys did not cover the entire project area; Botanical field surveys did not occur at the appropriate times of year; Botanical field surveys were not conducted for a sufficient number of years to detect plants that are not evident and identifiable every year (e.g., geophytes, annuals, and some short-lived plants); Botanical field surveys did not identify all plants in the project area to the taxonomic level necessary to determine rarity and listing status; Fire history, land use, or the physical or climatic conditions of the project area have changed since the last botanical field survey was conducted; Changes in vegetation or plant distribution have occurred since the last botanical field surveys were conducted, such as those related to habitat alteration, fluctuations in abundance, invasive species, seed bank dynamics, or other factors; or 13 U.S. Fish and Wildlife Service Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed and Candidate Plants available at: https //www fws govlsacramentoles/ Survey-Protocols-Guid elines/ 4 Habitats, such as grasslands or desert plant communities that have annual and short-lived perennial plants as major floristic components, may require multiple annual surveys to fully capture baseline conditions. In habitats dominated by long-lived perennial plants, such as forests, surveys that were not conducted within the previous five years may not adequately represent the current baseline conditions and should be re -conducted. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 6 of 12 Recent taxonomic studies, status reviews or other scientific information has resulted in a revised understanding of the special status plants with potential to occur in the project area. Negative Surveys Adverse conditions from yearly weather patterns may prevent botanical field surveyors from determining the presence of, or accurately identifying, some special status plants n the project area. Disease, drought, predation, fire, herbivory, or other disturbance may also preclude the presence or identification of special status plants in any given year. Discuss all adverse conditions in the botanical survey report.15 The failure to locate a known special status plant occurrence during one field season does not constitute evidence that the plant occurrence no longer exists at a location, particularly if adverse conditions are present. For example, botanical field surveys over a number of years may be necessary if the special status plant is an annual or short- lived plant having a persistent, long-lived seed bank and populations of the plant are known to not germinate every year. Visiting the project area in more than one year increases the likelihood of detecting special status plants, particularly if conditions change. To further substantiate negative findings for a known occurrence, a visit to a nearby reference site may help ensure that the timing of botanical field surveys was appropriate. 3. REPORTING AND DATA COLLECTION Adequate information about special status plants and sensitive natural communities present in a project area will enable reviewing agencies and the public to effectively assess potential impacts to special status plants and sensitive natural communities and will guide the development of avoidance, minimization, and mitigation measures. The nformation necessary to assess impacts to special status plants and sensitive natural communities is described below. For comprehensive, systematic botanical field surveys where no special status plants or sensitive natural communities were found, reporting and data collection responsibilities for botanical field surveyor remain as described below, excluding specific occurrence information. Special Status Plant and Sensitive Natural Community Observations Record the following information for locations of each special status plant and sensitive natural community detected during a botanical field survey of a project area. • The specific geographic locations where the special status plants and sensitive natural communities were found. Preferably this will be done by use of global positioning system (GPS) and include the datum16 in which the spatial data was to U.S. Fish and Wildlife Service Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed and Candidate Plants available at: https //www fwsgov/sacramento/ es/Survey-Protocols-Guidelines/ 6 NAD83, NAD27 or WGS84 Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 7 of 12 collected and any uncertainty or error associated with the data. If GPS is not available, a detailed map (1:24,000 or larger) showing locations and boundaries of each special status plant population and sensitive natural community in relation to the project area is acceptable. Mark occurrences and boundaries as accurately as possible; • The site -specific characteristics of occurrences, such as associated species, habitat and microhabitat, structure of vegetation, topographic features, soil type, texture, and soil parent material. If a special status plant is associated with a wetland, provide a description of the direction of flow and integrity of surface or subsurface hydrology and adjacent off -site hydrological influences as appropriate; • The number of individuals in each special status plant population as counted (if population is small) or estimated (if population is large); • If applicable, information about the percentage of each special status plant in each life stage such as seedling, vegetative, flowering, and fruiting; • The density of special status plants, identifying areas of relatively high, medium and low density of each special status plant in the project area; and • Digital images of special status plants and sensitive natural communities in the project area, with diagnostic features. Special Status Plant and Sensitive Natural Community Documentation When a special status plant is located, data must be submitted to the CNDDB. Data may be submitted in a variety of formats depending on the amount and type of data that is collected.17 The most common way to submit data is the Online CNDDB Field Survey Form,18 or equivalent written report, accompanied by geographic locality information (GPS coordinates, GIS shapefiles, KML files, topographic map, etc.). Data submitted in digital form must include the datum19 in which it was collected. If a sensitive natural community is found in a project area, document it with a Combined Vegetation Rapid Assessment and Releve Field Form20 and submit the form to VegCAMP.21 Voucher Collection Voucher specimens provide verifiable documentation of special status plant presence and identification and a scientific record. This information is vital to conservation efforts and valuable for scientific research. Collection of voucher specimens should be t� See https //www wildlife ca qov/Data/CNDDB/Submitting-Data for information on acceptable data submission formats. 8 Available at: https //www.wildlife.ca.gov/Data/CNDDB/Submittiiiq-Data 9 NAD83, NAD27 or WGS84 20 Available at: https://www wildlife ca qov/Data/VegCAMP/Natural-Commtanities/Submit 21 Combined Vegetation Rapid Assessment and Releve Field Forms can be emailed to VegCAMP staff. Contact information available at: https://www.wildlife,ca,gov/DataNegCAMP Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 8 of 12 conducted in a manner that is consistent with conservation ethics, and in accordance with applicable state and federal permit requirements (e.g., scientific, educational, or management permits pursuant to Fish & G. Code, § 2081, subd. (a)). Voucher collections of special status plants (or possible special status plants) should only be made when such actions would not jeopardize the continued existence of the population. A plant voucher collecting permit22 is required from CDFW prior to the take or possession of a state -listed plant for voucher collection purposes, and the permittee must comply with all permit conditions. Voucher specimens should be deposited in herbaria that are members of the Consortium of California Herbaria23 no later than 120 days after the collections have been made. Digital imagery can be used to supplement plant identification and document habitat. Record all relevant collector names and permit numbers on specimen labels (if applicable). Botanical Survey Reports Botanical survey reports provide an important record of botanical field survey results and project area conditions. Botanical survey reports containing the following nformation should be prepared whenever botanical field surveys take place, and should also be submitted with project environmental documents: Project and location description • A description of the proposed project; • A detailed map of the project area that identifies topographic and landscape features and includes a north arrow and bar scale; • A vegetation map of the project area using Survey of California Vegetation Classification and Mapping Standards24 at a thematic and spatial scale that allows the display of all sensitive natural communities; • A soil map of the project area; and • A written description of the biological setting, including all natural communities; geological and hydrological characteristics; and land use or management history. Detailed description of survey methodology and results • Names and qualifications of botanical field surveyor(s); • Dates of botanical field surveys (indicating the botanical field surveyors) that surveyed each area on each survey date), and total person -hours spent; • A discussion of the survey preparation methodology; • A list of special status plants and sensitive natural communities with potential to zz Applications available at: https//www wildlife ra qov/Conservation/Plants/Permits za A list of Consortium of California Herbaria participants is available at: http://ucieps.berkeley.edu/ consortiu m/participants.html 24 Available at: https7//www.wildlife.ca,gov/d ta/vegcamp/12ublications-and-protocols Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 9 of 12 occur in the region; • Description(s) of reference site(s), if visited, and the phenological development of special status plant(s) at those reference sites; • A description and map of the area surveyed relative to the project area; • A list of all plant taxa occurring in the project area, with all taxa identified to the taxonomic level necessary to determine whether or not they are a special status plant; • Detailed data and maps for all special status plants and sensitive natural communities detected. Information specified above under the headings "Special Status Plant and Sensitive Natural Community Observations," and "Special Status Plant and Sensitive Natural Community Documentation," should be provided for the locations of each special status plant and sensitive natural community detected. Copies of all California Native Species Field Survey Forms and Combined Vegetation Rapid Assessment and Releve Field Forms should be sent to the CNDDB and VegCAMP, respectively, and included in the project environmental document as an Appendix;25 A discussion of the potential for a false negative botanical field survey; • A discussion of how climatic conditions may have affected the botanical field survey results; A discussion of how the timing of botanical field surveys may affect the comprehensiveness of botanical field surveys; Any use of existing botanical field surveys and a discussion of their applicability to the project; • The deposition locations of voucher specimens, if collected; and A list of references used, including persons contacted and herbaria visited. Assessment of potential project impacts • A discussion of the significance of special status plant populations in the project area considering nearby populations and total range and distribution; • A discussion of the significance of sensitive natural communities in the project area considering nearby occurrences and natural community distribution; • A discussion of project related direct, indirect, and cumulative impacts to special status plants and sensitive natural communities; • A discussion of the degree and immediacy of all threats to special status plants and sensitive natural communities, including those from invasive species; • A discussion of the degree of impact, if any, of the project on unoccupied, zs It is not necessary to submit entire environmental documents to the CNDDB. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 10 of 12 potential habitat for special status plants; and Recommended measures to avoid, minimize, or mitigate impacts to special status plants and sensitive natural communities. 4. BOTANICAL FIELD SURVEYOR QUALIFICATIONS Botanical field surveyors should possess the following qualifications: • Knowledge of plant taxonomy and natural community ecology; • Familiarity with plants of the region, including special status plants; Famarity with natural communities of the region, including sensitive natural communities; • Experience with the CNDDB, BIOS, and Survey of California Vegetation Classification and Mapping Standards; • Experience conducting floristic botanical field surveys as described in this document, or experience conducting such botanical field surveys under the direction of an experienced botanical field surveyor; • Familiarity with federal, state, and local statutes and regulations related to plants and plant collecting; and • Experience analyzing the impacts of projects on native plant species and sensitive natural communities. 5. SUGGESTED REFERENCES Bonham, C.D. 1988. Measurements for terrestrial vegetation. John Wiley and Sons, Inc., New York, NY. California Native Plant Society, Rare Plant Program. Most recent version. Inventory of rare and endangered plants (online edition). California Native Plant Society. Sacramento, CA. Available at: http://www.rareplants.cnps.orq/. California Native Plant Society. Most recent version. A manual of California vegetation. California Native Plant Society, Sacramento, CA. Available at: http://www.cnps.org/ cnps/vegetation/manuaLphp. California Department of Fish and Wildlife, California Natural Diversity Database. Most recent version. Special vascular plants, bryophytes and lichens list. Updated quarterly. Available at: hops//nrm dfg ca aov/FileHandler ashx? ocummentlD= 109383&inline. Elzinga, C.L., D.W. Salzer, and J. Willoughby. 1998. Measuring and monitoring plant populations. BLM Technical Reference 1730-1. U.S. Dept, of the Interior, Bureau of Land Management. Denver, Colorado. Available at: https://www.ntc.bim.gov/krc/uploads/265/technical%20reference.pdf. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 11 of 12 Jepson Flora Project (eds.) Most recent version. Jepson eFlora. Available at: htto://ucieos.berkelev.edu/eflora/. Leppig, G. and J.W. White. 2006. Conservation of peripheral plant populations in California. Madrono. 53:264-274. Mueller-Dombois, D. and H. Ellenberg. 1974. Aims and methods of vegetation ecology. John Wiley and Sons, Inc. New York, NY. U.S. Fish and Wildlife Service. 1996. Guidelines for conducting and reporting botanical inventories for federally listed plants on the Santa Rosa Plain. Sacramento, CA. U.S. Fish and Wildlife Service. 1996. Guidelines for conducting and reporting botanical inventories for federally listed, proposed and candidate plants. Sacramento, CA. Van der Maarel, E. 2005. Vegetation Ecology. Blackwell Science Ltd, Malden, MA. This document is available online at: https //nrm dfg cagov/FileNandler ashx?DocumentlD=18959&iriline Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities Page 12 of 12 Sierra Club Angeles Chapter Diamond Bar - Pomona Valley Sierra Club RI SIERRA CLUB DIAMOND BAR - POMONA VALLEY TASK FORCE April 24, 2022 [Electronically Delivered] TO: City of Diamond Bar, Planning Commissioners RE: Crooked Creek Residential Subdivision, Mitigation Plan Honorable Planning Commissioners, Sierra Club policy defends and supports local conservation. We serve the community by providing liaison to all parties in the land use process, to ensure environmental literacy and to model ecological integrity. We have monitored and participated in the Crooked Creek project for four years. The Diamond Bar -Pomona Valley Sierra Club remains opposed to the Crooked Creek Residential Subdivision 2022 MND until its environmental mitigation plan for the project, is brought into compliance with the California Department of Fish and Wildlife's written recommendations dated December 17, 2021 and the CDFW established 2018 Protocol rules. (Documents attached). Who Is the California Department of Fish and Wildlife? CDFW is the state's trustee and regulatory agency, acting for the people of California, to conserve and preserve its natural resources. They are the state's environmental and scientific experts, protectors and authority, that guide, implement and enforce the California Environmental Quality Act. The reason CDFW Survey Protocols were established, is to engage and reduce the environmental damage caused by professional, unregulated and biased consultant reports that under value existing habitats. The California Environmental Quality Act is implemented by following CDFW 2018 Protocols, which is actually simple1. First, eco surveyors perform the project vegetation mapping according to CDFW 2018 protocol standards. 2. Then use that map as a basis to craft a landscape planting plan. According to Victoria Tang, CDFW environmental scientist, this requirement was disregarded in the MND. Sierra Club Angeles Chapter April 24, 2022 Diamond Bar - Pomona Valley Sierra Club This is why many corrective comments were placed on the public record by December 20, 2021. The city's final response to comments, April 15, 2022, did not embrace these correctives sufficiently. (Document attached.) Last week, the California Department of Fish and Wildlife informed me, they think their recommendations and protocols continue to be disregarded. Here is one integral part of the science that is being skewed or omitted: Summary: CDFW Protocol standards calculate the trees to be mitigated by "area affected" (square feet or acreage), and not only by the quantity of trees - though trees are counted also. Assessing the square footage or acreage affected, is essential because it takes into account the soil life of the broader, entire natural area. The relationship between the soil and keystone specie trees, identifies an intact habitat. City of Diamond Bar tree codes do not scientifically recognize native tree natural communities, as possessing unique, biotic functions. Rather, the city codes appear to regard native trees based on urban forest/specimen tree calculations, which disregard ecosystems. This miscalculation contributes to mitigation failure. June 2021, NewBridge Homes management invited me to meet with them about their plan. During the meeting, I expressed solemn concern for the project to embrace an efficient mitigation plan - and offered my services to usher the planting plan to fruition. However, I emphasized the priority for NewBridge to engage the CDFW in the CEQA process, as required by law. November 2021, NewBridge Homes, Robb Meserve emailed me with an update on plant material acquisition, expressing a possibility of me assisting in "planting". Again, I reminded him to rely on the leadership of CDFW. Project Applicants must adhere to the CEQA process and not work around the established protocols of the California Department of Fish and Wildlife. To proceed with Crooked Creek's current RAND mitigation plan (which is inadequate), is to violate CEQA law and expose the project to an NOD appeal and legal jeopardy, because it disregards the California Department of Fish and Wildlife. Speaking for the community and conservation allies, the Diamond Bar -Pomona Valley Sierra Club respectfully requests the Diamond Bar planning commission, at the April 26, 2022 Public Hearing, to deny approval of the project at this time until the Sierra Club Angeles Chapter April 24, 2022 Diamond Bar - Pomona Valley Sierra Club California Department of Fish and Wildlife is engaged and brought into the process, to CDFW's satisfaction. This is the best direction to attain a complete and effective mitigation plan, consistent with CEQA guidelines. We also implore the applicant to voluntarily adhere to the Dec. 17, 2021 CDFW recommendations, especially if the lead agency will not. I am available for liaison assistance, if requested. The City of Diamond Bar, Crooked Creek property and the Puente Hills are located in the California Floristic Province, one of six "biodiversity hotspots" in the world. In a time of the expanding climate crisis and biodiversity extinction, all of us should agree to rely on and uphold the California Environmental Quality Act and the officers who implement it. Respectfully Submitted, tz.ob%w stna.%tYt Cynthia "Robin" Smith, Chair Diamond Bar — Pomona Valley Sierra Club, ANGELES CHAPTER A Public Benefit, 501 (c) (4) Non -Profit Organization Conejo Ridge Native Garden, Demonstration Garden, Eco Consulting California Native Landscapes; Wildlife Habitat Conservation 324 S. Diamond Bar Blvd., #230 Diamond Bar CA 91765 951-675-6760 Celt Co: CDFW Region 5 Staff: Erinn Wilson-Olgin, Los Alamitos — Erinn.Wison-Olgin@wildlife.ca.gov Victoria Tang, Los Alamitos — victoria Tang@wildlife.ca.gov Responsible Land Use, LLC, Lee Paulson, President Sierra Club Angeles Chapter, Sr. Director Morgan Goodman Sierra Club Angeles Chapter, Conservation Committee Chair, Wendy -Sue Rosen References Attached: -CDFW Comments Dec. 17, 2021 -CDFW 2018 Protocols for Survevina and Evaluatino Impacts to Special Status Native Plant emulations and Sensitive Natural Communities -Crooked Creek Final Response to Comments 4-15-22 'Conservation of California Walnut . . . " by Dr. Travis Longcore, UCLA Pages 8 and 14, photo of Sycamore Canyon Park and map indicating habitat in City Diamond Bar. Much of this scientific data was omitted in the biological portions of the Crooked Creek 2022 MIND. Stella Marquez From: Mayuko Nakajima Sent: Tuesday, April 26, 2022 8:48 AM Cc: Greg Gubman; Grace Lee; James H. Eggart; Stella Marquez Subject: FW: Subject: Vesting Tentative Tract Map No. 54081, Tree Permit and Conditional Use Permit for this evening Planning Commission Meeting Attachments: Comment Letter Crooked Creek 20220425.docx Dear Commissioners: Please see email below and attachment received regarding the public hearing item today. Thank you, M1Aayuko Nakajima � Associate Planner cAty of Diamond Bar I Planning Division 909,839,7033 From: Gary Busteed <gary.busteed@gmail.com> Sent: Tuesday, April 26, 2022 8:42 AM To: Mayuko Nakajima <MNakajima @DiamondBarCA.Gov>; Gary Busteed <gary.busteed@gmail.com> Subject: Subject: Vesting Tentative Tract Map No, 54081, Tree Permit and Conditional Use Permit for this evening Planning Commission Meeting CAUTION: This message originated outside of our City of Diamond Bar network. Good Morning Mayuko, Attached is my comment letter to the Planning Commission regarding Cathay View Development, LLC's proposal for their development on Crooked Creek Drive. I have a schedule conflict so I will be unable to attend, but I would like my comment shared with the Planning Commission for their consideration. Thank you, Gary Busteed 20850 Gold Run Dr, Diamond Bar, CA 91765 Mobile: (626) 862-1855 April 26, 2022 City of Diamond Bar Planning Commission c/o Mayuko Nakajima 21810 Copley Drive Diamond Bar, CA. 91765 MNakajima@diamondbarca. ov Subject: Vesting Tentative Tract Map No. 54081, Tree Permit and Conditional Use Permit Planning Case No, PL2017-203 Planning Commission, Thank you for informing us of your consideration for the issuance of a Tree Permit and Conditional Use Permit to Cathay View Development, LLC. To date, we have appreciated the previous outreach to the community by the City of Diamond Bar and the Developer in listening to resident concerns through the public review process. Although, the project has a much smaller footprint, and significantly less grading than originally proposed, I do have several questions and comments regarding the new proposed development on three topics. • Existing Fire Mitigation • Mitigation of Oak and Walnut Trees • Trailhead and Park In -Lieu Fee Fire Mitigation Currently, there is access to the area behind the existing homes along Crooked Creel< and Gold Run Drive. Every year, L.A. County Fire does fuel modification behind the homes to ensure defensible space. The Planning Commission Agenda Report discusses this area collectively as Lot B, which is dedicated open space. On packet page 18, 2018 Design, and on packet page 19, 2019 Design, there is a designated Fire Access Road. In the newly proposed design, located north of Lot 1, there no longer appears to be a designated access. Was the Fuel Modification Plan, discussed on packet page 30, shared with the Fire Department? Did the L.A. County Fire Department sign off and approve this recent design? In addition, did they review the draft Protected Tree Replacement Plan in the context of the existing Fuel Modification? Also, proposed HOA would be responsible for maintenance of Lot B (Open Space), will the HOA be responsible for the existing maintenance and fuel modification to protect existing homes along Crooked Creek and Gold Run Drive? Existing residents are not responsible for fuel modification on Cathay View Development's property. The Tree Removal and Replacement Figure on Packet Page 32 shows California Walnut being planted in the area behind both Crooked Creek and Gold Run Drive. This is currently an area actively maintained for defensible space. Therefore, I do not believe that this Tree Mitigation is feasible to implement as proposed that accomplishes both Oak and Walnut Tree Mitigation and maintaining defensible space. Although, I would prefer a design that is both aesthetically pleasing (like oak and walnut trees or other native drought tolerant plants) the proposed Tree Removal and Replacement plan needs to accomplish this same or comparable fire maintenance need. Therefore, I would like to see the proposed future Fuel Modification Plan for both the existing and new developments. Oak and Walnut Woodland Mitigation Protected Tree Replacement Plan is discussed on packet page 31 shows an extensive Tree replacement behind the homes of the existing residents on Crooked Creek and Gold Run Drive. This is an area that is actively maintained by LA County Fire. Was this tree planting plan approved by LA County Fire? Since this is presumably the mitigation discussed in the Mitigated Negative Declaration for impacts to Coast Live Oak and California Walnut, would it be possible to provide the proposed plan for public review? This plan will discuss "methodology of soil preparation, planting, monitoring, survival percentages and a maintenance agreement stipulating the applicant's obligations for a minimum three-year period, ncluding the annual reporting, as well as corrective measures if survival percentages do not meet the replacement ratio." Coast Live Oak Woodland Associations and the California Department of Fish and Wildlife letter to the City of Diamond Bar on December 17, 2021 discusses plant associations with Coast Live Oak that ncreases the Sensitivity Ranking to S3. In the CDFW Comment #1: Inadequate disclosure of impacts on sensitive plant communities. There are two associations, that increase this sensitivity that are or may be present in Lot B: Black Sage (Salvia mellifera) and California Bay Laurel (Umbellularia californica). I believe I have seen both on Lot B. Therefore, it may be worth looking into if the proposed tree mitigation in the Mitigated Negative Declaration requires consideration for this higher sensitivity ranking for Coast Live Oak Woodland. Inadvertent discovery of these plant associations could incur additional time and cost that could be avoided by making these determinations now to adjust the tree mitigation plan as necessary. Also, these two species are not seasonally dependent, nor require a visit to reference populations per the CDFW protocol, therefore this can be investigated now. Trailhead and Park In -Lieu Fee The proposed Trailhead provides required access to the private landowner for Tonner Canyon. I am not aware of their plans to be a willing seller or providing public access to their property. Therefore, I do not see a foreseeable recreation value to existing residents, or these future Crooked Creek residents. Additionally, there are limited park spaces available for residents in southern Diamond Bar. To date, only pocket parks have been added, and larger parks that allow for recreation activities are primarily in northern Diamond Bar. Therefore, in lieu of fees will not benefit the nearby residents. Could there be consideration for public access to Lot B? Currently, it appears the latest proposed design no longer has an access point to Lot B. Could there be some thoughtful consideration of an aesthetically pleasing access point north of Lot 1 that includes a small access trail to Lot B with some consideration for fire defensible space for existing residents but also California walnut tree mitigation in the design? In summary, if the consideration to be made this evening is for a Tree Permit and Conditional Use Permit, I ask that the approval is conditional on two items: 1. Ensure the Protected Tree Plan and Fuel Modification Plan are compatible. L.A. County Fire should approve of the proposed plans to ensure it is compatible with defensible space of existing homes. I would also request that the residents of Crooked Creek and Gold Run Drive be given an opportunity to collaborate/review these plans. 2. There should be consideration of park and recreational opportunities of southern Diamond Bar residents. Please give some thoughtful consideration of a compatible use and public access to Lot B that will not only give residents access to more open space, but also compatible use that accommodates protected tree mitigation and fire protection. Thank you, for the opportunity to provide comments. Sincerely, Gary Busteed 20850 Gold Run Drive Diamond Bar, CA, 91765 909-762-5430 VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM: SUBJECT: 6-4i7o V lJii�Yi7 TO: Planning Commission DATE: — 22 SPEAKER NAME: 5H I J I�"'In,�,j (Please print clea print clearly) 1 would like to address the Planning Commission on the above slated item. Please have fhe Commission Minutes reflect my name and address as printed above Signatu i-I Note: This form is intended to assist the Chairman in erisuring that all persons wishing to address the Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION S AGENDAITEM:� SUBJECT: TO: Planning Commission DATE:�a2 SPEAKER NAME: (Please print clearly) ADDRESS: 15 l would like to address the -Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above 7� Signature Note: This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM: SUBJECT: (/i' a✓L"��'"2 TO:. Planning Commission DA SPEAKER clearly) 2 1 would like to address the Planning Commission on fhe above stated item. iea"se have fhe Commission Minutes reflect my name and address as printed above Note: This form is intended to assist the Chairman in ensuring that all persons wishing to address fhe Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM: TO: Planning Commission ST, ^VV � (Please print clearly) 9afolt� i would like to address the Planning Commission on the above stated Rem. Please have fhe Commission Minutes reflect my name and address as prnted above Signature ng to s the Note: This fml swill ll have rm is intended tthesopportun ty to do so, and tosist the Chairman in nensure correct spellingg that all persons of names r intheMinutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM: % // TO:. Planning Commission SPEAKER L NAME: SUBJECT: l eRc' (Please print clearly) 2 rid J�j SAr' �A go (Please print clearly) DA 2 l would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above Signature Note: This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION tee AGENDA ITEM: 7• I SUBJECT: �ba fc�-9 �� TO: , .Planning Commission DATE: D�'2.� ' ��'�'-" SPEAKER NAME: (Please print clearly) ADDRESS: 21452 Cw R"t I,4G '!;P �v 14 (Please print clearly) I would like to address the -Planning Commission an the above stated item. Please have. the Commission Minutes reflect my name and address as printed above Signature—�� Note: This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM: y� / SUBJECT: aaozw TO: Planning Commission DATE: ( would like fo address the Planning Commission on the above �tatedtfem Please have the Commission Minutes reflect my name and address as printed above ���� Note: This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION l AGENDA ITEM: � ° SUBJECT: !FZALd TO: Planning Commission DATE: � '' �, Csz `� �" SPEAKER NAME: (Please print clearly) (Please print clearly) 1 would like to address the -Planning Commission on the above st item. P se have the Commission Minutes reflect my name and address as printed above Note: This form is intended to assist the Chairman in ensuring that all pers Ishing to address the Commission will have the opportunity to do so, and to ensure correct spelling of names in the Minutes. After completion, please submit your form to the Planning Commission Secretary. Thank you. 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, Administrative Coordinator for the City of Diamond Bar, CA, declare as follows: I hereby certify, under penalty of perjury under the laws of the State of California that on April 21, 2022, 1 posted the April 26, 2022, Planning Commission Agenda, pursuant to Government Code Section 54950 et.seq. at the following locations: Diamond Bar City Hall, 21810 Copley Drive SCAQMD/Government Center, 21865 Copley Drive Heritage Park, 2900 Brea Canyon Road Diamond Bar Library, 21800 Copley Drive City website: www.diamondbarca.gov Executed on April 21, 2022, at Diamond Bar, California. r Stella Marquez Community DeveI9,52ent Dept. g:\\s\a fit d avi tposti ng. doc