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HomeMy WebLinkAboutDEIR South Pointe West_071707 DDDRRRAAAFFFTTT EEENNNVVVIIIRRROOONNNMMMEEENNNTTTAAALLL IIIMMMPPPAAACCCTTT RRREEEPPPOOORRRTTT SSSTTTAAATTTEEE CCCLLLEEEAAARRRIIINNNGGGHHHOOOUUUSSSEEE NNNOOO... 222000000555111111111111111888 SSSOOOUUUTTTHHH PPPOOOIIINNNTTTEEE WWWEEESSSTTT SSSPPPEEECCCIIIFFFIIICCC PPPLLLAAANNN VVVEEESSSTTTIIINNNGGG TTTEEENNNTTTAAATTTIIIVVVEEE TTTRRRAAACCCTTT MMMAAAPPP NNNOOO... 000666333666222333 DDDIIIAAAMMMOOONNNDDD BBBAAARRR,,, CCCAAALLLIIIFFFOOORRRNNNIIIAAA Lead Agency: CCCIIITTTYYY OOOFFF DDDIIIAAAMMMOOONNNDDD BBBAAARRR CCCOOOMMMMMMUUUNNNIIITTTYYY DDDEEEVVVEEELLLOOOPPPMMMEEENNNTTT DDDEEEPPPAAARRRTTTMMMEEENNNTTT 21825 Copley Drive Diamond Bar, California 91765-4178 Applicant: LLLJJJCCCCCC ––– SSSOOOUUUTTTHHH PPPOOOIIINNNTTTEEE WWWEEESSSTTT,,, LLLLLLCCC 2632 West 237th Street, Suite 201 Torrance, California 90505 Prepared by: EEENNNVVVIIIRRROOONNNMMMEEENNNTTTAAALLL IIIMMMPPPAAACCCTTT SSSCCCIIIEEENNNCCCEEESSS 26051 Via Concha Mission Viejo, California 92691-5614 August 2006 This page intentionally left blank. Notice of Completion and Environmental Document Transmittal State Clearinghouse, 1400 Tenth Street Sacramento, CA 95814 (916) 445-0613 See NOTE below SCH 2005111118 Project Title: Draft Environmental Impact Report – South Pointe West Specific Plan, SCH No. 2005111118 Lead Agency: City of Diamond Bar Contact Person: Nancy Fong, Director Street Address: 21825 Copley Drive Phone: (909) 839-7030 City: Diamond Bar, California Zip: 91765-4178 County: County of Los Angeles Project Location: City of Diamond Bar County: Los Angeles County City/Nearest Community: City of Diamond Bar Cross Streets: Numerous Zip Code: 91723 Total Acres: 42.12± Assessor's Parcel No. Numerous Section: 17 and 20 Twp.: 2 South Range: 9 West USGS 7.5-Minute Yorba Linda Quadrangle Base: San Bernardino Within 2 Miles: Freeways: State Route 57 and State Route 60 Airports: None Railways: UP/Metrolink Waterways: San Jose Creek CEQA … NOP … Draft Program EIR NEPA … NOI OTHER … Joint Document … Early Consult. … Supplement/Subsequent EIR … EA … Final Document … Neg Dec (Prior SCH No.): … Draft EIS … Other: „ Draft EIR „ Other: Notice of Completion … FONSI Local Action Type: … General Plan Update „ General Plan Amendment … General Plan Element … Community Plan „ Specific Plan … Master Plan … Planned Unit Development „ Site Plan … Rezone … Prezone „ Use Permit „ Land Division (Subdivision, etc.) … Annexation … Redevelopment … Coastal Permit „ Other „ Residential: 99 Dwelling Units Acres: 42.12± … Water Facilities: MGD … Office: Acres: NA Employees: NA … Transportation Type … Commercial: Acres: NA Employees: NA … Mining: Type … Industrial: Acres: NA Employees: NA … Power: Type … Office/Industrial: Acres: NA Employees: NA … Waste Treatment: Type … Education: … Hazardous Waste: Type „ Recreational: Neighborhood Park „ Other: Infrastructure improvements Funding: (approx.): Federal: NA State: NA Total: NA Project Issues Discussed In Document: „ Aesthetic/Visual „ Flood Plain/Flooding „ Schools/Universities „ Water Quality … Agricultural Land … Forest Land/Fire Hazard … Septic Systems „ Water Supply/Groundwater „ Air Quality „ Geologic/Seismic „ Sewer Capacity … Wetlands/Riparian „ Archeological/Historical … Minerals „ Soil Erosion/Grading … Wildlife … Coastal Zone „ Noise … Solid Waste „ Growth Inducing „ Drainage/Absorption … Job/Housing Balance „ Toxic/Hazardous „ Land Use … Economics/Jobs „ Public Services/Facilities „ Traffic/Circulation „ Cumulative Effects … Fiscal … Recreation/Parks „ Vegetation … Other: Present Land Use/Zoning: Vacant General Plan Designation: Planning Area 4/SP Project Description: The project contains a number of related elements, including the adoption of a proposed specific plan authorizing the development of 99 dwelling units within the approximately 34.67-acre project boundaries, the adoption of a proposed vesting tentative tract map (Vesting Tentative Tract Map No. 063623), the subsequent development and occupancy of the tract map area in accordance with the final subdivision map and the policies of the specific plan, the development and use of a new approximately 4.68 gross acre neighborhood park, and the utilization of an approximately 7.45 gross acre stockpile (borrow) site to be used as a potential depository for excess earth material exported from the tract map area. Signature of Lead Agency Representative Peter Lewandowski Date August 23, 2006 Peter Lewandowski, Consultant Reviewing Agencies Checklist KEY „ = Document sent by Lead Agency X = Document sent by SCH … = Suggested distribution … Resources Agency (Office of Historic Preservation) … Boating & Waterways … Coastal Commission … Coastal Conservancy … Colorado River Board … Conservation „ Fish & Game … Forestry … Office of Historic Preservation … Parks & Recreation … Reclamation … S.F. Bay Conservation & Development Commission … Department Water Resources (DWR) Business, Transportation & Housing … Aeronautics … California Highway Patrol „ Caltrans (District No. 7) … Department of Transportation Planning … Housing & Community Development Food & Agriculture Health & Welfare … Health Services … Statewide Health Planning State & Consumer Services … General Services … OLA (Schools) Cal-EPA … Air Resources Board „ APCD/AQMD (South Coast AQMD) … California Waste Management Board „ Regional WQCB (Los Angeles Region) … SWRCB: Delta Unit … SWRCB: Water Quality … SWRCB: Water Rights … SWRCB: Clean Water Grants Youth & Adult Corrections … Corrections Independent Commissions & Offices … Bureau of Land Management … Commission … Energy Commission … Forest Service … Native American Heritage … OPR -Coastal … OPR -OLGA … Public Works … Public Utilities Commission … Santa Monica Mountains Conservancy … State Lands Commission … Tahoe Regional Planning Agency … TRPA „ Other: Southern California Association of Governments Public Review Period (to be filled in by Lead Agency) Starting Date: August 25, 2006 Ending Date: October 9, 2006 Lead Agency (Complete if applicable): For SCH Use Only: Applicant: City of Diamond Bar – Community Development Address: 21825 Copley Drive City/State/Zip: Diamond Bar, California 91765-4178 Contact: Nancy Fong, Community Development Director Phone: (909) 839-7030 Date Received at SCH Date Review Starts Date to Agencies Date to SCH Clearance Date Notes: Consulting Firm: Environmental Impact Sciences (EIS) Address: 26051 Via Concha City/State/Zip: Mission Viejo, California 92691-5614 Contact: Peter Lewandowski Phone: (949) 837-1195 DRAFT ENVIRONMENTAL IMPACT REPORT SOUTH POINTE WEST SPECIFIC PLAN VESTING TENTATIVE TRACT MAP NO. 063623 DIAMOND BAR, CALIFORNIA STATE CLEARINGHOUSE NO. 2005111118 Lead Agency: City of Diamond Bar Community Development Department Attn: Nancy Fong, Director 21825 Copley Drive Diamond Bar, California 91765-4178 (909) 861-3117 FAX (909) 839-7030 Applicant: LJCC – South Pointe West, LLC Attn: Kurt Nelson, Project Manager 2632 West 237th Street, Suite 201 Torrance, California 90505 (310) 539-4828 FAX (310) 539-1788 Prepared by: Environmental Impact Sciences Attn: Peter Lewandowski, Principal 26051 Via Concha Mission Viejo, California 92691-5614 (949) 837-3935 FAX (949) 837-1195 August 2006 This page intentionally left blank. South Pointe West City of Diamond Bar, California VOLUME I DRAFT ENVIRONMENTAL IMPACT REPORT Table of Contents List of Sections Section Page LIST OF TABLES x LIST OF FIGURES xiii ACRYONYMS AND ABBREVIATIONS xv EXECUTIVE SUMMARY Introduction ES-1 Tiering of Environmental Documents ES-1 Project Description ES-2 Discretionary Permits and Approval ES-2 Significant Environmental Effects ES-3 Project Alternatives ES-4 Environmentally Superior Alternative ES-5 Feasibility of Alternatives ES-5 Areas of Controversy ES-6 Issues to be Resolved ES-6 Summary of Impacts and Mitigation Measures ES-10 Draft Mitigation Reporting and Monitoring Program ES-10 1.0 INTRODUCTION 1.1 Purpose and Legal Authority 1-1 1.2 Introduction to the South Pointe West Specific Plan 1-3 1.3 Relevant Background Information 1-4 1.4 CEQA Provisions 1-5 1.4.1 Informational Document 1-5 1.4.2 Environmental Review Requirements 1-6 1.4.3 Thresholds of Significance Standards 1-7 1.4.4 Mitigation Measures 1-7 1.4.5 Standard of Adequacy 1-8 1.4.6 Speculative Analysis 1-8 1.5 Tiering of Environmental Documents 1-9 1.6 Pre-Circulation Scoping Activities 1-10 1.7 Documents Incorporated by Reference 1-11 1.8 Agencies, Organizations, and Individuals Associated with the Proposed Project 1-14 1.9 Independent Judgment 1-16 2.0 PROJECT DESCRIPTION 2.1 Project Objectives 2-1 2.1.1 Lead Agency’s Objectives 2-1 2.1.2 Applicant’s Objectives 2-2 Draft Environmental Impact Report August 2006 Table of Contents Page i South Pointe West City of Diamond Bar, California List of Sections (Continued) Section Page 2.2 Project Location and Vicinity 2-2 2.3 Project Description 2-3 2.3.1 South Pointe West Specific Plan 2-3 2.3.2 Vesting Tentative Tract Map No. 063623 2-9 Low-Medium Density Residential 2-16 Neighborhood Park 2-16 Natural and Engineered Open Space 2-17 Circulation and Other Infrastructure Improvements 2-18 2.3.3 Stockpile Site 2-23 2.4 Conditions of Approval 2-23 2.5 Facility Maintenance 2-23 2.6 Tentative Project Schedule 2-24 2.7 Other Discretionary Permits and Approvals 2-28 2.7.1 City of Diamond Bar 2-28 2.7.2 Other Responsible Agencies 2-29 3.0 RELATED PROJECTS AND CUMULATIVE IMPACTS 3.1 Summary of Projections 3-1 3.2 Reasonably Anticipated Probable Future Projects 3-2 3.3 Ambient Growth 3-3 4.0 IMPACT ANALYSIS General Format for Environmental Analysis 4-0.1 Alternatives Analysis 4.0-3 4.1 Land Use 4.1.1 Environmental Setting 4.1-1 4.1.1.1 Regulatory Setting 4.1-1 California Government Code 4.1-1 Subdivision Map Act 4.1-2 City of Diamond Bar General Plan 4.1-2 City of Diamond Bar Municipal Code 4.1-5 4.1.1.2 Regional Setting 4.1-7 4.1.1.3 Local Setting 4.1-9 4.1.2 Threshold of Significance Criteria 4.1-10 4.1.3 Impact Analysis 4.1-13 Compatibility Analysis 4.1-13 Consistency Analysis 4.1-15 Land Use Entitlements 4.1-24 Cumulative Impacts 4.1-26 4.1.4 Project Conditions and Mitigation Measures 4.1-27 4.1.5 Significance Unavoidable Adverse Effects 4.1-27 4.1 Population and Housing 4.2.1 Environmental Setting 4.2-1 August 2006 Draft Environmental Impact Report Page ii Table of Contents South Pointe West City of Diamond Bar, California List of Sections (Continued) Section Page 4.2.1.1 Regulatory Setting 4.2-1 California Environmental Quality Act 4.2-1 California Government Code 4.2-1 Regional Housing Needs Assessment 4.2-1 Jobs-Housing Balance 4.2-2 City of Diamond Bar General Plan 4.2-2 4.2.1.2 Regional Setting 4.2-3 Regional Setting 4.2-3 Regional Plans 4.2-4 Local Agency Formation Commission of Los Angeles County 4.2-5 Jobs-Housing Balance 4.2-6 Gated Residential Communities 4.2-6 4.2.1.3 Local Setting 4.2-8 4.2.2 Threshold of Significance Criteria 4.2-8 4.2.3 Impact Analysis 4.2-10 Construction Impacts 4.2-10 Operational Impacts 4.2-12 Cumulative Impacts 4.2-13 4.2.4 Project Conditions and Mitigation Measures 4.2-14 4.2.5 Significance Unavoidable Adverse Effects 4.2-14 4.3 Geotechnical Hazards 4.3.1 Environmental Setting 4.3-1 4.3.1.1 Regulatory Setting 4.3-1 Seismic Hazards Mapping Act 4.3-1 Alquist-Priolo Earthquake Fault Zoning Act 4.3-6 Uniform Building Code 4.3-8 City of Diamond Bar General Plan 4.3-8 City of Diamond Bar Municipal Code 4.3-9 4.3.1.2 Regional Setting 4.3-9 Regional Setting 4.3-9 4.3.1.3 Local Setting 4.3-14 Natural Hazard Mitigation Plans 4.3-14 Soil Survey 4.3-18 Geotechnical Investigation 4.3-18 Phase I Environmental Site Assessment 4.3-25 4.3.2 Threshold of Significance Criteria 4.3-29 4.3.3 Impact Analysis 4.3-31 Construction Impacts 4.3-31 Operational Impacts 4.3-36 Cumulative Impacts 4.3-36 4.3.4 Project Conditions and Mitigation Measures 4.3-37 4.3.5 Significance Unavoidable Adverse Effects 4.3-37 Draft Environmental Impact Report August 2006 Table of Contents Page iii South Pointe West City of Diamond Bar, California List of Sections (Continued) Section Page 4.4 Hydrology and Water Quality 4.4.1 Environmental Setting 4.4-1 4.4.1.1 Regulatory Setting 4.4-1 Federal Clean Water Act 4.4-1 Federal Emergency Management Agency 4.4-2 Water Quality Control Plan – Los Angeles Region 4.4-3 General Municipal Separate Storm Sewer System NPDES Permit 4.4-3 Construction Activity NPDES Permit Requirements 4.4-5 Los Angeles County Department of Public Works 4.4-5 City of Diamond Bar General Plan 4.4-6 City of Diamond Bar Municipal Code 4.4-6 4.4.1.2 Regional Setting 4.4-7 4.4.1.3 Local Setting 4.4-9 Environmental Setting 4.4-9 Tentative Map Drainage Study 4.4-10 4.4.2 Threshold of Significance Criteria 4.4-12 4.4.3 Impact Analysis 4.4-13 Construction Impacts 4.4-13 Operational Impacts 4.4-15 Cumulative Impacts 4.4-22 4.4.4 Project Conditions and Mitigation Measures 4.4-23 4.4.5 Significance Unavoidable Adverse Effects 4.4-23 4.5 Biological Resources 4.5.1 Environmental Setting 4.5-1 4.5.1.1 Regulatory Setting 4.5-1 Federal Endangered Species Act 4.5-1 Federal Clean Water Act 4.5-1 Federal Migratory Bird Treaty Act 4.5-2 California Endangered Species Act 4.5-2 California Fish and Game Code 4.5-3 City of Diamond Bar General Plan 4.5-3 City of Diamond Bar Municipal Code 4.5-4 4.5.1.2 Regional Setting 4.5-5 4.5.1.3 Local Setting 4.5-6 Biological Resources Assessment 4.5-8 Tree Survey Report 4.5-11 Preliminary Jurisdictional Delineation 4.5-11 4.5.2 Threshold of Significance Criteria 4.5-18 4.5.3 Impact Analysis 4.5-20 Construction Impacts 4.5-20 Operational Impacts 4.5-31 Cumulative Impacts 4.5-37 4.5.4 Project Conditions and Mitigation Measures 4.5-38 4.5.5 Significance Unavoidable Adverse Effects 4.5-39 August 2006 Draft Environmental Impact Report Page iv Table of Contents South Pointe West City of Diamond Bar, California List of Sections (Continued) Section Page 4.6 Transportation and Circulation 4.6.1 Environmental Setting 4.6-1 4.6.1.1 Regulatory Setting 4.6-1 California Government Code 4.6-1 City of Diamond General Plan 4.6-1 City of Diamond Bar Municipal Code 4.6-2 4.6.1.2 Regional Setting 4.6-2 Short-Range Transportation Plan for Los Angeles County 4.6-3 Regional Transportation Plans 4.6-4 Congestion Management Program 4.6-4 4.6.1.3 Local Setting 4.6.5 Regional Access 4.6-5 Street Network 4.6-6 Existing Intersection Conditions 4.6-7 4.6.2 Threshold of Significance Criteria 4.6-11 4.6.3 Impact Analysis 4.6-13 Construction Impacts 4.6-13 Operational Impacts 4.6-19 Future Traffic Conditions 4.6-24 Peak-Hour Intersection Capacity Analysis 4.6-38 Congestion Management Program Compliance 4.6-42 Site Access 4.6-46 Internal Circulation 4.6-49 Pedestrian Safety 4.6-52 Local Residential Street Analysis 4.6-53 Public Transit 4.6-53 Cumulative Impacts 4.6-57 4.6.4 Project Conditions and Mitigation Measures 4.6-57 4.6.5 Significance Unavoidable Adverse Effects 4.6-59 4.7 Air Quality 4.7.1 Environmental Setting 4.7-1 4.7.1.1 Regulatory Setting 4.7-1 Criteria Air Pollutants 4.7-1 Federal Clean Air Requirements 4.7-4 Ambient Air Quality Standards 4.7-4 Air Quality Management Plan 4.7-6 SCAQMD Rules and Regulations 4.7-6 Toxic Air Contaminants 4.7-8 Idling Restrictions 4.7-8 City of Diamond Bar General Plan 4.7-9 City of Diamond Bar Municipal Code 4.7-9 4.7.1.2 Regional Setting 4.7-10 National-Scale Air Toxics Assessment 4.7-10 South Coast Air Basin 4.7-10 4.7.1.3 Local Setting 4.7-12 Draft Environmental Impact Report August 2006 Table of Contents Page v South Pointe West City of Diamond Bar, California List of Sections (Continued) Section Page 4.7.2 Threshold of Significance Criteria 4.7-14 4.7.3 Impact Analysis 4.7-15 Construction Impacts 4.7-15 Operational Impacts 4.7-20 Cumulative Impacts 4.7-22 4.7.4 Project Conditions and Mitigation Measures 4.7-23 4.7.5 Significance Unavoidable Adverse Effects 4.7-24 4.8 Noise 4.8.1 Environmental Setting 4.8-1 4.8.1.1 Regulatory Setting 4.8-1 California Noise Standards 4.8-1 City of Diamond Bar General Plan 4.8-1 City of Diamond Bar Municipal Code 4.8-3 4.8.1.2 Regional Setting 4.8-4 4.8.1.3 Local Setting 4.8-5 4.8.2 Threshold of Significance Criteria 4.8-5 4.8.3 Impact Analysis 4.8-6 Construction Impacts 4.8-6 Operational Impacts 4.8-7 Cumulative Impacts 4.8-9 4.8.4 Project Conditions and Mitigation Measures 4.8-10 4.8.5 Significance Unavoidable Adverse Effects 4.8-10 4.9 Public Services and Facilities 4.9.1 Environmental Setting 4.9-1 4.9.1.1 Regulatory Setting 4.9-1 Mitigation Fee Act 4.9-1 School Impact Fees 4.9-1 Very High Fire Hazard Severity Zones 4.9-2 City of Diamond Bar General Plan 4.9-6 City of Diamond Bar Municipal Code 4.9-7 4.9.1.2 Regional Setting 4.9-7 Police Services 4.9-7 Fire Protection 4.9-8 National Fire Protection Association 4-9-9 School Facilities 4.9-9 4.9.1.3 Local Setting 4.9-9 Los Angeles County Sheriff’s Department 4.9-10 Los Angeles County Fire Department 4.9-10 Walnut Valley Unified School District 4.9-13 4.9.2 Threshold of Significance Criteria 4.9-13 4.9.3 Impact Analysis 4.9-14 Construction Impacts 4.9-14 Operational Impacts 4.9-19 Cumulative Impacts 4.9-23 August 2006 Draft Environmental Impact Report Page vi Table of Contents South Pointe West City of Diamond Bar, California List of Sections (Continued) Section Page 4.9.4 Project Conditions and Mitigation Measures 4.9-23 4.9.5 Significance Unavoidable Adverse Effects 4.9-24 4.10 Utilities and Service Systems 4.10.1 Environmental Setting 4.10-1 4.10.1.1 Regulatory Setting 4.10-1 Los Angeles County Code 4.10-1 City of Diamond Bar General Plan 4.10-1 City of Diamond Bar Municipal Code 4.10-1 4.10.1.2 Regional Setting 4.10-2 4.10.1.3 Local Setting 4.10-2 4.10.2 Threshold of Significance Criteria 4.10-3 4.10.3 Impact Analysis 4.10-3 Construction Impacts 4.10-3 Operational Impacts 4.14-3 Cumulative Impacts 4.10-5 4.10.4 Project Conditions and Mitigation Measures 4.10-5 4.10.5 Significance Unavoidable Adverse Effects 4.10-6 4.11 Cultural Resources 4.11.1 Environmental Setting 4.11-1 4.11.1.1 Regulatory Setting 4.11-1 Tribal Consultation Guidelines 4.11-1 Society of Vertebrate Paleontology Guidelines 4.11-2 City of Diamond Bar Municipal Code 4.11-2 4.11.1.2 Regional Setting 4.11-3 4.11.1.3 Local Setting 4.11-4 4.11.2 Threshold of Significance Criteria 4.11-5 4.11.3 Impact Analysis 4.11-5 Construction Impacts 4.11-5 Operational Impacts 4.11-6 Cumulative Impacts 4.11-6 4.11.4 Project Conditions and Mitigation Measures 4.11-6 4.11.5 Significance Unavoidable Adverse Effects 4.11-7 4.12 Aesthetics 4.12.1 Environmental Setting 4.12-1 4.12.1.1 Regulatory Setting 4.12-1 Scenic Highway System 4.12-1 City of Diamond Bar General Plan 4.12-2 City of Diamond Bar Municipal Code 4.12-3 4.12.1.2 Regional Setting 4.12-6 4.12.1.3 Local Setting 4.12-6 4.12.2 Threshold of Significance Criteria 4.12-10 Draft Environmental Impact Report August 2006 Table of Contents Page vii South Pointe West City of Diamond Bar, California List of Sections (Continued) Section Page 4.12.3 Impact Analysis 4.12-13 Construction Impacts 4.12-13 Operational Impacts 4.12-15 Cumulative Impacts 4.12-18 4.12.4 Project Conditions and Mitigation Measures 4.12-19 4.12.5 Significance Unavoidable Adverse Effects 4.12-19 4.13 Growth Inducement 4.13.1 Environmental Setting 4.13-1 4.13.1.1 Regulatory Setting 4.13-1 City of Diamond Bar General Plan 4.13-1 4.13.1.2 Regional Setting 4.13-2 Statewide Housing Plan 4.13-2 Regional Comprehensive Plan and Guide 4.13-3 4.13.1.3 Local Setting 4.13-3 4.13.2 Threshold of Significance Criteria 4.13-3 4.13.3 Impact Analysis 4.13-4 In-Migrate in Response to Employment and Housing Opportunities 4.13-4 Localized Demand for Goods and Services 4.13-6 Removal of Economic, Physical, and Political Constraints 4.13-6 Facilitate Other Peripheral Development 4.13-7 4.13.4 Project Conditions and Mitigation Measures 4.13-7 4.13.5 Significance Unavoidable Adverse Effects 4.13-7 5.0 IRREVERSIBLE CHANGES 5.1 Environmental Setting 5-1 5.1.1 Regulatory Setting 5-1 California Code of Regulations 5-1 Energy Efficiency Standards 5-1 City of Diamond Bar General Plan 5-2 City of Diamond Bar Municipal Code 5-2 5.1.2 Regional Setting 5-2 5.2 Irreversible Changes 5-3 5.2.1 Uses of Non-Renewable Resources 5-3 Fossil Fuel Consumption 5-3 Building Material Consumption 5-4 5.2.2 Environmental Accidents 5-5 5.2.3 Irretrievable Commitment of Resources 5-6 6.0 ALTERNATIVES ANALYSIS 6.1 CEQA Provisions Regarding Alternatives Analysis 6-1 Level of Specificity 6-1 Housing Projects Subject to CEQA Compliance 6-1 “No Project” Alternative 6-2 Feasible Alternatives 6-2 Attainment of Basic Objectives 6-2 6.2 Alternatives Considered but Rejected by the Lead Agency 6-2 August 2006 Draft Environmental Impact Report Page viii Table of Contents South Pointe West City of Diamond Bar, California List of Sections (Continued) Section Page 6.3 Alternatives under Consideration 6-5 6.3.1 “No Project” Alternative 6-7 6.3.2 “Existing Authorized Development and No Park” Alternative 6-9 6.3.3 “Traditional Single-Family Subdivision with Park” Alternative 6-12 6.3.4 “Proposed Project and No Stockpile” Alternative 6-14 6.4 Environmentally Superior Alternative 6-16 7.0 LIST OF PREPARES 7-1 8.0 REFERENCES 8-1 List of Technical Appendices Appendix I-A Initial Study and Notice of Preparation I-B Scoping Meeting VOLUME II TECHNICAL APPENDICES (Printed under Separate Cover) Appendix II-A Geotechnical Investigation II-B Phase I Environmental Site Assessment II-C Drainage Concept/Standard Urban Stormwater Mitigation Plan II-D Biological Resource Assessment II-E Traffic Study II-F Air Quality Analysis II-G Acoustical Analysis II-H Sewer Area Study II-I Paleontological Resource Evaluation Draft Environmental Impact Report August 2006 Table of Contents Page ix South Pointe West City of Diamond Bar, California List of Tables Table Page Executive Summary ES-1 Summary of Environmental Impacts and Level of Significance ES-11 ES-2 Draft Mitigation Reporting and Monitoring Program ES-22 Introduction 1-1 Agencies, Organizations, and Individuals Associated with the Proposed Project 1-15 Project Description 2-1 South Pointe West Specific Plan - Detailed Planning Area Summary 2-9 2-2 Residential Development Standards Summary 2-10 2-3 Vesting Tentative Tract Map No. 063623 Land Use Summary 2-16 2-4 Summary of Developed Conditions – On-Site Detention Basin 2-23 2-5 Facility Maintenance Responsibilities 2-24 2-6 Tentative Project Schedule 2-28 Related Projects and Cumulative Impacts 3-1 City of Diamond Bar General Plan – Existing and Proposed Land Use Comparison 3-1 3-2 Population, Housing, and Employment Forecast for the City of Diamond Bar and San Gabriel Valley Council of Governments – 2004 Regional Transportation Plan 3-3 3-3 Related Projects Summary 3-5 Land Use 4.1-1 Allowable Hillside Management Densities 4.1-7 4.1-2 Project Consistency with General Plan Policies 4.1-16 4.1-3 Project Consistency with Hillside Management Objectives 4.1-19 4.1-4 Project Consistency with Southern California Association of Governments Policies Growth Management Chapter 4.1-22 Population and Housing 4.2-1 California Department of Finance – January 2005 Population and Housing Inventory 4.2-3 4.2-2 SCAG RHNA-99: Adopted Existing Need – All Incomes Housing Problems Detail for the City of Diamond Bar 4.2-5 4.2-3 SCAG RNHA-99: Adopted Construction Needs for the City of Diamond Bar and for the San Gabriel Valley Council of Governments 4.2-5 4.2-4 2000 United States Census Tract Data 4.2-9 4.2-5 Los Angeles-Long Beach Metropolitan Statistical Area – Industry Employment Projections: 2002-2012 4.2-11 Hydrology and Water Quality 4.4-1 San Gabriel River Watershed 303(D) Listed Waters 4.4-1 4.4-2 Summary of Existing Conditions for the On-Site Detention Basins 4.4-10 4.4-3 Summary of Existing Conditions Flows 4.4-12 4.4-4 Summary of Developed Conditions Flow 4.4-19 4.4-5 Summary of Existing vs. Developed Conditions Flows 4.4-19 4.4-6 Summary of Larkstone Drive Flows 4.4-20 August 2006 Draft Environmental Impact Report Page x Table of Contents South Pointe West City of Diamond Bar, California List of Tables (Continued) Table Page 4.4-7 Summary of Developed Conditions Detention Basin 4.4-20 4.4-8 Summary of Overall Pre-Developed and Post-Developed Flows 4.4-20 4.4-9 Developed Conditions 85th Percentile Calculations 4.4-22 Biological Resources 4.5-1 CNDDB Records Search – Yorba Linda Quadrangle 4.5-7 4.5-2 Plant Communities 4.5-9 4.5-3 Sensitive Wildlife Species 4.5-12 4.5-4 Non-Native Plants Observed on the Project Site 4.5-15 4.5-5 Jurisdictional Features 4.5-16 4.5-6 Impacts to Jurisdictional Waters 4.5-26 Transportation and Circulation 4.6-1 Busiest Highway Interchanges in Los Angeles County (1999-2002) 4.6-3 4.6-2 2004 Freeway Traffic Counts 4.6-5 4.6-3 Level of Service Criteria for Signalized Intersections 4.6-11 4.6-4 Existing Peak-Hour Level of Service 4.6-12 4.6-5 Project Traffic Equations 4.6-23 4.6-6 Project Traffic Forecast 4.6-23 4.6-7 Project Directional Distribution Pattern 4.6-23 4.6-8 Related Projects Traffic Generation Forecast 4.6-37 4.6-9 Year 2010 Peak-Hour Intersection Capacity Analysis 4.6-39 4.6-10 Year 2020 Peak-Hour Intersection Capacity Analysis 4.6-41 4.6-11 Summary of Planned Improvements 4.6-42 4.6-12 Summary of Recommended Improvements 4.6-43 4.6-13 Project Fair-Share Contribution 4.6-45 4.6-14 Vehicular Queuing Analysis Summary 4.6-47 4.6-15 Local Residential Street Traffic Impact Analysis 4.6-56 Air Quality 4.7-1 Ambient Air Quality Standards for Criteria Pollutants, Major Pollutant Sources, and Primary Health Effects 4.7-5 4.7-2 South Coast Air Basin Attainment Status 4.7-6 4.6-3 Air Quality Monitoring Summary: 1998-2004 4.7-13 4.7-4 Projected Construction Emissions 4.7-18 4.7-5 Local Significance Thresholds 4.7-19 4.7-6 Projected Operational Emissions 4.7-21 4.7-7 Micro-Scale Air Quality Analysis 4.7-22 Noise 4.8-1 Exterior Noise Standards 4.8-3 4.8-2 Construction Noise Levels 4.8-4 4.8-3 Noise Attenuation with Distance 4.8-7 4.8-4 Traffic Noise 4.8-8 Draft Environmental Impact Report August 2006 Table of Contents Page xi South Pointe West City of Diamond Bar, California List of Tables (Continued) Table Page Public Services and Facilities 4.9-1 Walnut/Diamond Bar Station Crime and Arrest Statistics (2004) 4.9-11 4.9-2 Existing County Fire Stations near the Project Site 4.9-12 4.9-3 Fire Station 119 Statistical Summary (2002) 4.9-13 4.9-4 Capacity and Enrollment at Existing Public Schools in the General Project Area 4.9-14 4.9-5 Permanent Classrooms and Relocation Needs Analysis – Walnut Valley Unified School District 4.9-23 Aesthetics 4.12-1 Scenic Quality Inventory/Evaluation Rating Criteria 4.12-8 4.12-2 Pre-Project Scenic Quality Inventory/Evaluation Criteria 4.12-10 4.12-3 Post-Project Scenic Quality Inventory/Evaluation Rating 4.12-14 Growth Inducement 4.13-1 Projected Job Growth in Construction Trades in Los Angeles County 2001-2008 4.13-5 Alternatives Analysis 6-1 Land Use Assumptions for Project Alternatives 6-7 6-2 Comparative Evaluation of Project Alternatives 6-17 List of Preparers 7-1 List of Preparers 7-1 August 2006 Draft Environmental Impact Report Page xii Table of Contents South Pointe West City of Diamond Bar, California List of Figures Figure Page Project Description 2-1 Regional Vicinity Map 2-5 2-2 Local Vicinity Map 2-6 2-3 South Pointe West Specific Plan Land Use Plan 2-7 2-4 Vesting Tentative Tract Map No. 063623 2-11 2-5 Conceptual Park Area Plan 2-19 2-6 Landscape Site Development Plan 2-20 2-7 Location of Access Gates 2-21 2-8 Conceptual Parking Plan 2-22 2-9 Water and Sewer Exhibit 2-25 2-10 Potential Stockpile Site Location 2-26 2-11 Homeowners’ Association Open Space Maintenance Area 2-27 Related Projects and Cumulative Impacts 3-1 Related Projects Location Map 3-4 Land Use 4.1-1 Slope Density Analysis 4.1-11 4.1-2 Aerial Photograph 4.1-12 Population and Housing 4.2-1 Census Tract 4033.04 4.2-9 Geologic Hazards 4.3-1 Official State Seismic Hazard Zone Maps for a Portion of the Yorba Linda Quadrangle 4.3-3 4.3-2 Cenozoic Formations of the Coyote-Puente Hills Province 4.3-5 4.3-3 Quaternay Geologic Map of a Portion of the Yorba Linda Quadrangle 4.3-6 4.3-4 Landslide Inventory, Shear Test Sample Locations, and Areas of Significant Grading Map for a Portion of the Yorba Linda Quadrangle 4.3-7 4.3-5 Official Map: Special Studies Zones for a Portion of the Yorba Linda Quadrangle 4.3-10 4.3-6 Fault Map of Central Transverse Ranges 4.3-11 4.3-7 Fault Map of San Gabriel Basin 4.3-11 4.3-8 Shaded Relief Map 4.3-12 4.3-9 Geologic Map for a Portion of the Yorba Lina/Prado Dam Quadrangles 4.3-15 4.3-10 Geologic Map for a Portion of the Santa Ana 30’ X 60’ Quadrangle 4.3-16 4.3-11 Preliminary Soil-Slip Susceptibility Map for a Portion of the Santa Ana 30’ X 60’ Quadrangle 4.3-16 4.3-12 Soil Survey Map 4.3-20 4.3-13 Morning Sun Landslide 4.3-21 4.3-14 Postulated Ancient Landslides 4.3-22 4.3-15 Geotechnical Map/Grading Plan 4.3-26 4.3-16 Cut and Fill Exhibit 4.3-33 Draft Environmental Impact Report August 2006 Table of Contents Page xiii South Pointe West City of Diamond Bar, California List of Figures (Continued) Figure Page Hydrology and Water Quality 4.4-1 Portion of FIRM No. 0650430980B 4.4-2 4.4-2 Yorba Linda Quadrangle 50-Year 24-Hour Rainfall Distribution Map 4.4-8 4.4-3 Existing Conditions Hydrology Map – Central Major Drainage Tributary to Detention Basin 4.4-11 4.4-4 Developed Conditions Hydrology Map 4.4-17 4.4-5 Drainage Exhibit 4.4-18 Biological Resources 4.5-1 Existing Plant Communities 4.5-21 4.5-2 Protected Tree Species Location Map 4.5-22 4.5-3 Jurisdictional Features 4.5-23 4.5-4 Impacts to Plant Communities 4.4-24 4.5-5 Impacts to Jurisdictional Waters 4.5-27 4.5-6 Impacts to Protected Trees 4.5-28 4.5-7 Conservation Biology Institute’s Conservation and Restoration Priorities for the Puente-Chino Hills Wildlife Corridor 4.5-33 Transportation and Circulation 4.6-1 Existing Roadway Conditions and Intersection Controls 4.6-8 4.6-2 Existing AM Peak-Hour Traffic Volumes 4.6-9 4.6-3 Existing PM Peak-Hour Traffic Volumes 4.6-10 4.6-4 Existing Average Daily Traffic Volumes at Local Roadway Segments 4.6-17 4.6-5 Project Trip Distribution Pattern 4.6-20 4.6-6 AM Peak Hour Project Traffic Volumes 4.6-21 4.6-7 PM Peak Hour Project Traffic Volumes 4.6-22 4.6-8 Year 2010 related Projects AM Peak-Hour Traffic Volumes 4.6-25 4.6-9 Year 2010 related Projects PM Peak-Hour Traffic Volumes 4.6-26 4.6-10 Year 2010 AM Peak-Hour Background Traffic Volumes 4.6-27 4.6-11 Year 2010 PM Peak-Hour Background Traffic Volumes 4.6-28 4.6-12 Year 2010 AM Peak-Hour Traffic Volumes with Project 4.6-29 4.6-13 Year 2010 PM Peak-Hour Traffic Volumes with Project 4.6-30 4.6-14 Year 2020 AM Peak-Hour Traffic Volumes 4.6-31 4.6-15 Year 2020 PM Peak-Hour Traffic Volumes 4.6-32 4.6-16 Year 2020 AM Peak-Hour Background Traffic Volumes 4.6-33 4.6-17 Year 2020 PM Peak-Hour Background Traffic Volumes 4.6-34 4.6-18 Year 2020 AM Peak-Hour Traffic Volumes with Project 4.6-35 4.6-19 Year 2020 PM Peak-Hour Traffic Volumes with Project 4.6-36 4.6-20 Planned and Recommended Intersection Controls 4.6-44 4.6-21 Private Drive “A” Access Gate 4.6-48 4.6-22 Conceptual Internal Signing and Striping Plan 4.6-50 4.6-23 Sight Line Evaluation 4.6-51 4.6-24 Project Average Daily Traffic Volumes 4.6-54 4.6-25 Existing with Project Average Daily Traffic Volumes 4.6-55 August 2006 Draft Environmental Impact Report Page xiv Table of Contents South Pointe West City of Diamond Bar, California List of Figures (Continued) Figure Page Noise 4.8-1 California Department of Health Services Noise/Land Use Compatibility Standards 4.8-2 Public Services and Facilities 4.9-1 Natural Hazard Disclosure Map for a Portion of Eastern Los Angeles County 4.9-3 Aesthetics 4.12-1 Photographs Depicting Views of the Existing Project Site 4.12-11 Alternatives 6-1 Proposed Project 6-6 6-2 “No Project” Alternative 6-8 6-3 “Existing Authorized Development and No Park” Alternative 6-11 6-4 “Traditional Single-Family Subdivision with Park” Alternative 6-13 6-5 “Proposed Project and No Stockpile Site” Alternative 6-15 Draft Environmental Impact Report August 2006 Table of Contents Page xv South Pointe West City of Diamond Bar, California Acronyms and Abbreviations A AADT annual average daily trips AB Assembly Bill ABC American Council of the Blind ACOE United States Army Corps of Engineers ADA Americans with Disabilities Act of 1990 ADT average daily trips AM ante meridiem AMSL above mean sea level AP Assessor’s Parcel APCD air pollution control district APEFZA Alquist-Priolo Earthquake Fault Zoning Act API California Acedmic Performance Standards Applicant LJCC – South Pointe West, LLC ARA American Restroom Association ASTM American Society for Testing and Materials AQMP Air Quality Management Plan B Basin South Coast Air Basin Basin Plan Water Quality Control Plan – Los Angeles Region Bid Package South Pointe West Property Bid Package BACMs best available control measures BAT/BCT Best Available Technology Economically Achievable and Best Conventional Pollutant Control Technology BLM Bureau of Land Management BMPs Best Management Practices C C Celsius or Centigrade CAA Federal Clean Air Act CAAQS California Ambient Air Quality Standards C&D construction and demolition CAGN coastal California gnatcatcher CalEPA California Environmental Protection Agency Cal/OSHA California Department of Industrial Relations, Division of Industrial Safety Caltrans California Department of Transportation, District 7 CARB California Air Resources Board CCAA California Clean Air Act CC&Rs covenants, conditions, and restrictions CCR California Code of Regulations CDF California Department of Forestry and Fire Protection CDFG California Department of Fish and Game CDS continuous deflective separators CEC California Energy Commission CESA California Endangered Species Act CEQA California Environmental Quality Act CERCLA Comprehensive Environmental Response Compensation and Liability Act cfc cubic feet per second CFCs chlorofluorocarbons CFG California Fire Code CFGC California Fish and Game Code CFPD Consolidated Fire Protection District of Los Angeles County CGC California Government Code CGS California Geological Survey CH4 methane August 2006 Draft Environmental Impact Report Page xvi Table of Contents South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Table of Contents Page xvii CHP California Highway Patrol CIPC California Invasive Plants Council City City of Diamond Bar City General Plan City of Diamond Bar General Plan CIWMB California Integrated Waste Management Board CMP Congestion Management Program CNDDB California Natural Diversity Data Base CNEL community noise equivalent level CNPS California Native Plant Society CO carbon monoxide CO2 carbon dioxide COG counsel of governments Commission Planning Commission Counsel City Counsel County County of Los Angeles County Code Los Angeles County Code County General Plan Los Angeles County General Plan CPC California Penal Code CRHR California Registry of Historic Resources CSDLAC County Sanitation Districts of Los Angeles County CSHP California State Housing Plan CTR California Toxic Rule CUP conditional use permit CVC California Vehicle Code CWA Federal Clean Water Act D db decibels DBA A-weighted decibel scale Department City of Diamond Bar Community and Development Services Department DHS California Department of Health Services Diesel Fuel District Consolidated Fire Protection District of Los Angeles County or South Coast Air Quality Management District or Walnut Valley Unified School District DMA Disaster Mitigation Act of 2000 DMG California Department of Conservation, Division of Mines and Geology DOE California Department of Education or United States Department of Energy DOF California Department of Finance DPA debris production area DU dwelling unit E ECOMAP Ecological Classification and Mapping Task Team EDD California Employment Development Department EIR environmental impact report EMS emergency medical service EMSA California Emergency Medical Services Authority F Fahrenheit FAR floor area ratio FEIR Final Environmental Impact Report FEMA Federal Emergency Management Agency FESA Federal Endangered Species Act of 1973 FHWA Federal Highway Administration Fire Code Los Angeles County Fire Code FIRM flood insurance rate maps FR Federal Register South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page xviii Table of Contents FY fiscal year G General Plan City of Diamond Bar General Plan General Plan FEIR Final Environmental Impact Report for the City of Diamond Bar General Plan GLACVCD Greater Los Angeles County Vector Control District GPA General Plan amendment gpd gallons per day gpm gallons per minute H HA Hunsaker & Associates Handbook CEQA Air Quality Handbook HAPs hazardous air pollutants HAS hydrologic subarea H&SC California Health and Safety Code HC hydrocarbons HCD California Department of Housing and Community Development HCP habitat conservation plan HEC-HMS United States Army Corps of Engineers hydrologic modeling system HGEI Harrington Geotechnical Engineering, Inc. HMMP habitat mitigation and monitoring plan HOA Park Place Homeowners’ Association HPLV high pressure – low volume HU hydrological unit HUD United Stated Department of Housing and Urban Development H2S hydrogen sulfide I I Interstate Highway ICBO International Conference of Building Officials ICC International Code Council ICU intersection capacity utilization IESNA Illuminating Engineering Society of North America IFPO International Foundation for Protection Officiers ISO Insurance Service Office, Inc. or Insurance Service Organization ISTEA Intermodal Surface Transportation Efficiency Act ITE Institute of Transportation Engineers I-10 San Bernardino Freeway I-210 Foothill Freeway I-605 San Gabriel River Freeway I-710 Long Beach Freeway L LACDPW Los Angeles County Department of Public Works LACFD Los Angeles County Fire Department LACM Natural History Museum of Los Angeles County LACSD Los Angeles County Sheriff’s Department LAFCO Los Angeles Local Agency Formation Commission LARWQCB Regional Water Quality Control Board, Los Angeles Region Lead Agency City of Diamond Bar Ldn day/night noise level LOS level of service LST local significance thresholds M MBTA Federal Migratory Bird Treaty Act of 1918 South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Table of Contents Page xix MCH mixed chaparral MEA Master Environmental Assessment MEP maximum extent practicable Metrolink Southern California Regional Rail Authority MFS mule fat scrub mgd million gallons per day mph miles per hour MS4 municipal separate storm sewer system MTA Los Angeles County Metropolitan Transportation Authority Municipal Code City of Diamond Bar Municipal Code MUTCD Manual on Uniform Traffic Control Devices MWD Metropolitan Water District of Southern California N NAAQS National Ambient Air Quality Standards NAHB National Association of Homebuilders NAHC California Native American Heritage Commission NCCP natural community conservation plan NESHAPs National Emission Standards for Hazardous Air Pollutants NFPA National Fire Protection Association NHPA City of Diamond Bar Natural Hazards Mitigation Plan or National Historic Preservation Act of 1966 NMFS National Marine Fisheries Service N2O nitrous oxide NO nitric oxide NOI Notice of Intent NOP Notice of Preparation NOx nitrogen oxides NO2 nitrogen dioxide NPDES National Pollutant Discharge Elimination System NPPA Native Plant Protection Act NRHP National Register of Historic Places O OES Governor’s Office of Emergency Services OHP California Department of Parks and Recreation - Office of Historic Preservation OHWM ordinary high water mark OPR Governor’s Office of Planning and Research OSHA U.S. Department of Labor Occupational Safety and Health Administration O3 ozone P PA Planning Area Pb lead PECs passenger car equivalents PHT Puente Hills blind-thrust system PL Public Law PM post meridiem or particulate matter PM2.5 fine particulate matter less than 2.5 microns in diameter PM10 fine particulate matter less than 10 microns in diameter Porter-Cologne Porter-Cologne Water Quality Act ppm parts per million PRC Public Resources Code PVC polyvinyl chloride R RCP reinforced concrete pipe South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page xx Table of Contents REC recognized environmental conditions R-E-D Code Rarity – Endangerment – Diversity (CNPS) RfC inhalation reference concentration Revitalization FEIR Final Environmental Impact Report for the City of Diamond Bar Economic Revitalization Effort RHNA regional housing needs assessment ROG reactive organic gases RTIP regional transportation improvement program RTP Regional Transportation Plan RTPA regional transportation planning agencies RWQCBs regional water quality control boards S SAB State Allocation Board S&HC California Street and Highway Code SANDAG San Diego Association of Governments SARA Superfund Amendment Reauthorization Act of 1986 SB Senate Bill SBBM San Bernardino Base and Meridian SCAB South Coast Air Basin SCAG Southern California Association of Governments SCAQMD South Coast Air Quality Management District SCE Southern California Edison SCEC Southern California Earthquake Center SCH State Clearinghouse SCWP South Coast Wildlands Project SEAs Significant Ecological Areas SFHAs Special Flood Hazard Areas AFIP Standard Flood Insurance Policy SGVCOG San Gabriel Valley Council of Governments SHMA Seismic Hazards Mapping Act SHPO State Historic Preservation Officer SIP sphere of influence SMA Subdivision Map Act SMGB State Mining and Geology Board South Pointe Master Plan DEIR Draft Environmental Impact Report for the South Pointe Master Plan South Pointe Master Plan FEIR Final Environmental Impact Report for the South Pointe Master Plan SO2 sulfur dioxide SO4 sulfates SOI sphere of influence SPMP South Pointe Master Plan SPMP FEIR Final Environmental Impact Report for the South Pointe Master Plan SPWSP South Pointe West Master Plan SPWSP DEIR Draft Environmental Impact Report for the South Pointe West Specific Plan SPWSP FEIR Final Environmental Impact Report for the South Pointe West Specific Plan SR State Route SR-57 Orange Freeway SR-60 Pomona Freeway SR-71 Chino Valley Freeway SR-110 Pasadena Freeway SRAs State Responsibility Areas or Source Receptor Area SRRE source reduction and recycling element State State of California State CEQA Guidelines Guidelines for the Implementation of the California Environmental Quality Act South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Table of Contents Page xxi SUSMP Manual Manual for the Standard Urban Storm Water Mitigation Plan SUSMPs Standard Urban Storm Water Mitigation Plans SVP Society of Vertebrate Paleontology SWMP storm water management plan SWPPP storm water pollution prevention plan SWRCB State Water Resources Control Board T TACs toxic air contaminants T-BACT Best Available Control Technology – Toxic Air Contaminants TCPs traffic control plans TDM transportation demand management TIA traffic impact analysis TMDL total maximum daily load TSM transportation system management U UBC Uniform Building Code USC United States Code or University of Southern California USEPA United States Environmental Protection Agency USFWS United States Fish and Wildlife Service V VBDS Vector-Borne Disease Section V/C volume-to-capacity VHFHSZ Very High Fire Hazard Severity Zones VMS visual management system VMT vehicle miles traveled VOC volatile organic compounds VRM visual resource management W WATCH Work Area Traffic Control Handbook WDR waste discharge requirements WoS waters of the State WoUS waters of the United States WQOs water quality objectives WVUSD Walnut Valley Unified School District Z ZC zone change Other 1995 Addendum Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan 1996 RCPG Regional Comprehensive Plan and Guide 2004 RTP Regional Transportation Plan – Destination 2030 Beneficial Uses GWR Groundwater Recharge MUN Municipal and Domestic Supply REC-1 Water Contact Recreation REC-2 Non-Contact Water Recreation WARM Warm Freshwater Habitat WILD Wildlife Habitat South Pointe West City of Diamond Bar, California If not otherwise cited, all acronyms and abbreviations used throughout this document should be assumed to have their standard definition and meaning, as common in the discipline(s) in which those acronyms and abbreviations are used herein. August 2006 Draft Environmental Impact Report Page xxii Table of Contents South Pointe West City of Diamond Bar, California EXECUTIVE SUMMARY Introduction In response to a development application submitted by LJCC - South Pointe West, LLC (Applicant), the City of Diamond Bar (City or Lead Agency) has undertaken the preparation of a project-level environmental impact report (EIR) for the purpose of assessing the direct, indirect, and cumulative impacts associated with the approval, construction, habitation, operation, and maintenance of the approximately 34.67 gross acre “South Pointe West Specific Plan” (SPWSP) project site. The SPWSP includes an approximately 31.43 gross acre tentative tract map area, comprised of an approximately 24.6 gross acre publicly owned (Walnut Valley Unified School District) portion and an addition approximately 6.8 gross acre privately owned (Sasak Corporation/Patel) portion, and an additional approximately 3.24 gross acre area located beyond the tract map boundaries which will constitute a portion of a proposed new neighborhood park site. In addition, although located outside the boundaries of the proposed SPWSP, the project site includes an abutting approximately 7.45 gross acre area which will be utilized as a stockpile site for the placement of surplus soil material excavated during grading operations. The approximately 42.12 gross acre area examined in this environmental impact report (EIR) is inclusive of the area located within the SPWSP boundaries, the additional park acreage located outside of the boundaries of the vesting tentative tract map, and the proposed stockpile site. Projects undergoing public agency review should be considered dynamic and subject to continuing change and refinement, based not only on agency input but further engineering analysis conducted by the project proponent. Prior to the publication of this EIR, the Applicant informed the City that minor changes to the project’s acreage could and may occur. Notwithstanding those changes, this EIR should continue to suffice as an appropriate environmental basis for the consideration of the proposed project by the Lead Agency and by other responsible agencies as long as those changes occur within the approximately 42.12 acre envelope that defines the proposed project. Should the project increase in total acreage beyond that figure, the Lead Agency will need to consider the potential significance of any such change and determine the adequacy of this EIR in the context of those changes. In compliance with the disclosure requirements established under the provisions of the California Environmental Quality Act (CEQA), as codified in Section 21000 et seq. of the Public Resources Code, and the “Guidelines for the Implementation of the California Environmental Quality Act” (State CEQA Guidelines), as codified in Section 15000 et seq. in Title 14 of the California Code of Regulations, EIRs are required to include a brief summary of the proposed action and that action’s potential environmental consequences. The summary is required to identify the significant effects that have been identified by the public agency preparing the EIR, the mitigation measures that are now proposed in response to those impacts, the alternatives that have been formulated to reduce or avoid those effects, the areas of controversy known to the public agency, and any issues that remain to be resolved. This executive summary is presented in fulfillment of those requirements. Tiering of Environmental Documents As indicated in Section 15152 of the State CEQA Guidelines, “’[t]iering’ refers to using the analysis of general matters contained in a broad EIR (such as one prepared for a general plan Draft Environmental Impact Report August 2006 Executive Summary Page ES-1 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page ES-2 Executive Summary or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project. Agencies are encouraged to tier the environmental analyses which they prepare for separate but related projects including general plans, zoning changes, and development projects.” This environmental analysis constitutes a tiered EIR, building upon the information and analysis presented in a number of earlier CEQA documents, as prepared by the Lead Agency, that include the project site. Those previous EIRs, incorporated herein by reference, include: (1) the “Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083” (General Plan FEIR), inclusive of the “Master Environmental Assessment - City of Diamond Bar” and the later “Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083”1 ; (2) the “Final Environmental Impact Report for the Diamond Bar Economic Revitalization Area, SCH No. 96111047” (Revitalization FEIR)2 ; and (3) the “Final Environmental Impact Report for the South Pointe Master Plan, State Clearinghouse No. 92081040” (South Pointe Master Plan FEIR or SPMP FEIR),3 inclusive of the addendums prepared following the certification of that document.4 Project Description The project contains a number of related elements, including the adoption of a proposed specific plan (South Pointe West Specific Plan) authorizing the development of 99 dwelling units within the approximately 34.67-acre SPWSP boundaries, the adoption of a proposed vesting tentative tract map (Vesting Tentative Tract Map No. 063623), the subsequent development and occupancy of the tract map area in accordance with the final subdivision map and the policies of the specific plan, the development and use of a new approximately 4.68 gross acre neighborhood park (inclusive of both an approximately 1.44 gross acre area within the specific plan and tract map boundaries and an approximately 3.24 gross acre area which is not located within the boundaries of the specific plan and tentative map), and the utilization of an approximately 7.45 gross acre stockpile (borrow) site to be used as a potential depository for excess earth material exported from the tract map area. Discretionary Permits and Approvals Project implementation will require a number of discretionary permits and associated approvals from the City, acting in its capacity as Lead Agency under CEQA. Those actions include, but may not be limited to: (1) General Plan Amendment No. 2005-01; (2) Specific Plan No. 2005-01; (3) Vesting Tentative Tract No. 063623; (4) Lot-Line Adjustment LLA2005-003; (5) Conditional 1/ City of Diamond Bar, Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, July 14, 1992); City of Diamond Bar, “Master Environmental Assessment - City of Diamond Bar, July 14, 1992; City of Diamond Bar, Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, July 25, 1995. 2/ City of Diamond Bar, Final Environmental Impact Report for the Diamond Bar Economic Revitalization Area, SCH No. 96111047, July 1, 1997. 3/ City of Diamond Bar, Annotated Final Environmental Impact Report for the South Pointe Master Plan, State Clearinghouse No. 92081040, June 3, 1994. 4/ City of Diamond Bar, Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 51253), May 17, 1995; City of Diamond Bar, Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 52203), November 5, 1996. South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Executive Summary Page ES-3 Use Permit No. 2005-01; (6) Tree Permit No. 2005-06; (7) Development Review No. 2005-27; (8) Development Agreement No. 2005-01; and (9) Environmental Impact Report 2005-01. In addition, discretionary permits and/or approvals may be required from a number of other State and local Responsible Agencies and from other federal agencies. Those agencies from whom discretionary permits and approvals are or may be required include, but may not be necessarily limited to: (1) United States Army Corps of Engineers (ACOE); (2) Regional Water Quality Control Board, Los Angeles Region (LARWQCB); (3) California Department of Fish and Game, Region 5 (CDFG); and (4) County of Los Angeles.1 The Lead Agency, other Responsible Agencies, and other federal agencies may utilize this EIR as the environmental basis for any and all discretionary actions that may be required for the project’s implementation. This EIR further provides an environmental basis for any real property conveyances required from the Walnut Valley Unified School District (WVUSD or District) for the District’s approximately 24.6 gross acre property located within the boundaries of the SPWSP, for the District’s approximately 3.24 gross acre area located outside the specific plan boundaries but part of the park acreage to be conveyed to the City, and for the District’s approximately 7.45 gross acre area now proposed as a stockpile site. Significant Environmental Effects Table ES-1 (Summary of Environmental Impacts) summarizes the identified construction- related, operational, and cumulative environmental impacts, lists each of the recommended mitigation measures, and identifies level of significance of each of effects both prior to and following the implementation of the proposed mitigation measures. Notwithstanding the implementation of all feasible mitigation measures, a number of identified impacts cannot be feasibly mitigated to below a level of significance. Based on the presence of unmitigated environmental effects, should the City elect to approve or conditionally approve the proposed project, a “Statement of Overriding Considerations” (SOC) would be required by the Lead Agency under CEQA. Those impacts that, in the preliminary judgment of the Lead Agency, cannot be feasibly reduced to a less-than-significant level include: ƒ Biological resources (cumulative). Implementation of the proposed project and other reasonably foreseeable future projects will incrementally contribute to the continuing reduction in relatively natural, undisturbed open space areas and contribute to the progressive fragmentation of habitat areas and general decline in species diversity located throughout the subregion. ƒ Air quality (project and cumulative). During project construction, primarily as a result of the use of diesel-powered construction equipment, oxides of nitrogen (NOX) emissions are projected to exceed the South Coast Air Quality Management District’s (SCAQMD) threshold standards. Related project activities, in combination with the construction and operation of the proposed project, will incrementally contribute to regional air emissions within and throughout the South Coast Air Basin. 1/ Based on any subsequent comments that may be received on this EIR, additional discretionary permits and/or approval, additional responsible agencies, and additional federal agencies may be subsequently identified. The Lead Agency’s failure to identify those discretionary actions and agencies herein does not preclude those agencies from utilizing the Lead Agency’s EIR as the environmental basis for those entitlements. South Pointe West City of Diamond Bar, California Project Alternatives In addition to an analysis of the proposed project, one of the primary purposes of an EIR is to provide public agencies and other parties with an analysis of a reasonable range of alternatives to the proposed action that, if implemented, could reduce or avoid one or more of the project’s significant environmental effects. In fulfillment of that requirement, in addition to the proposed project, three alternative development scenarios and one alternative no-development scenario have been identified and examined by the Lead Agency. Those alternatives include: (1) “no project” alternative; (2) “existing authorized development and no park” alternative; (3) “traditional single-family subdivision with park” alternative; and (4) “proposed project and no stockpile site” alternative. Each of those alternatives is briefly described below. ƒ No Project Alternative. Under this alternative, no physical changes to the project site would occur. Independent of any real property conveyances that may be independently initiated by the WVUSD, acting in its capacity of lead agency for the independent actions of the District, it is assumed that the entire project site remains in its present condition and no development activities or other improvements occur thereupon. The WVUSD, however, has the authority to acquire, convey, exchange, or otherwise transfer real property, independently permit and construct facilities for the district’s benefit. As such, separate and apart from any actions of the City, the WVUSD could undertake the subsequent development of some or all of its real property holdings in the general project area subject to its own CEQA obligations. Since no formal development plans for any new school facilities are known to the Lead Agency, under this alternative, it is assumed that the WVUSD’s approximately 24.6 gross acre properties and the approximately 6.8 gross acre Sasak Corporation/Patel properties remain undeveloped. ƒ “Existing Authorized Development and No Park” Alternative. Presently, excluding the stockpile site and that portion of the neighborhood park site located outside the tract map area, the project site is comprised of four separate parcels. In accordance with City policies, one single-family dwelling unit could be developed on each of those existing parcels, subject to the City’s development review process. Since development review constitutes a discretionary action and since projects greater than three dwelling units are subject to CEQA compliance (Section 15303[a], State CEQA Guidelines), the Lead Agency has elected to consider a four-unit development scenario wherein a single-family detached dwelling unit is constructed on each of those existing parcels. Because the project area includes Larkstone Drive and since the existing Assessor’s Parcel (AP) map suggests that the existing parcelization extends northward beyond that right-of-way, it may be possible to develop a fifth dwelling within the area illustrated. As a result, subject to the interpretation of the City Council, it might be possible to construct a total of five dwelling units within the area defined by the WVUSD’s South Pointe West property and the Sasak Corporation/Patel Property property. For the purpose of this alternative analysis, however, only a four-unit, single-family development is assumed. Since no substantial grading activities would be required to accommodate those units and since no major infrastructure improvements would be required to support a four-unit project, no off-site stockpiling of surplus soil material would be necessary to accommodate this alternative development scenario. Under this alternative, each of the four single-family homes would obtain access from Morning Sun Road. Since no subdivision activities occur, no real property park August 2006 Draft Environmental Impact Report Page ES-4 Executive Summary South Pointe West City of Diamond Bar, California dedication, conveyance, or improvements would be provided to, received by, or initiated by the City. Similarly, since no development activities would occur along Larkstone Drive, that right-of-way is assumed to remain a public street. ƒ “Traditional Single-Family Subdivision with Park” Alternative. Under this alternative, a more traditional single-family detached subdivision would be processed rather than the single-family detached condominium development that is now proposed. Under this development scenario, a total of 64 single-family, detached dwelling units would be constructed on the project site. Lot sizes would increase to a minimum of 6,000 square feet. In order to accommodate these larger lots, grading quantities and the area of site disturbance would likely increase. Under this alternative, a new comparably sized neighborhood park would be developed generally in the location and in the configuration now proposed. ƒ “Proposed Project and No Stockpile Site” Alternative. Under this alternative, a 99- unit single-family detached condominium development is constructed within the 31.43- acre tract map area and the approximately 4.68-acre neighborhood park is developed in the location and configuration now proposed. The project’s grading plan is, however, reengineered so that cut-and-fill quantities balance on the project site. Through that action, excluding the 3.24-acre portion of the neighborhood park site located beyond the tract map boundary, no further disturbance occurs to the approximately 7.45-acre stockpile site located to the east of the tract map area. In order to accommodate the retained soil, proposed street and pad elevations would be modified, as needed, in order to produce a balanced cut and fill. Alternatively, this alternative could be implemented through the export of surplus soils materials to another off-site location. For the purpose of environmental review, it is assumed that the receiving site is located in reasonably proximity to the subject property, has been independently permitted for an unspecified land use, and requires fill materials in quantities equal to or greater than those being exported from the project site. Environmentally Superior Alternative In formulating the range of alternatives examined herein, the City has sought to identify one or more “environmentally superior” alternatives whose implementation may result in the avoidance or substantial reduction of one or more of the project’s unmitigated environmental impacts. As indicated in the EIR, the “environmentally superior” alternative is the “no project” alternative. CEQA stipulates that if the environmentally superior alternative is the “no project” alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Under the “existing authorized development and no park” alternative, the development footprint would be reduced and the protected trees located within that portion of the park area extending beyond the tract map boundaries would be retained. Although this would not result in the avoidance of any unmitigated significant impact, this alternative’s effects upon on-site biological resources would be reduced. The “existing authorized development and no park” alternative would, therefore, become the environmentally superior development-oriented alternative among those examined. . The selection of the “no action” or the “existing authorized development and no park” alternative would likely result in the forfeiture of certain benefits associated with the proposed project, including the provision of additional housing opportunities and the creation of a new park site. Draft Environmental Impact Report August 2006 Executive Summary Page ES-5 South Pointe West City of Diamond Bar, California Feasibility of Alternatives The “no project” alternative does not constitute a feasible alternative since it would preclude a reasonable use of the tract map area and would not serve to fulfill either the Lead Agency’s or the project proponent’s objectives. The “existing authorized development and no park” alternative does not meet the identified project objectives. Since each of the other build alternatives assume the same number of dwelling units as now proposed by the Applicant, it can be assumed that those alternatives are capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors. Areas of Controversy Based on comments received by the Lead Agency following the release of the NOP, including comments submitted by the Applicant, and based on the Lead Agency’s independent analysis of the proposed project, no “areas of controversy” unique to the project have been identified. Although not specifically identified as areas of potential controversy, issues that will need to be considered by the City’s advisory and decision-making bodies include, but are not limited to, the nature of the housing type now proposed (i.e., detached condominium units), the size of the individual parcels upon which those units are proposed, the percentage of authorized lot coverage, and the relationship between parcel sizes and the minimum dwelling unit sizes. As indicated in the draft SPWSP, the minimum lot width and depth is identified as 38 feet and 90 feet, respectively. The minimum lot size is, therefore, 3,420 square feet. The minimum dwelling unit size for each of the units within the tract map area is 3,000 square feet, the specified minimum useable open space area accompanying each of the dwelling units is 400 square feet, and the maximum lot coverage is 60 percent. During the earlier development of the South Pointe Middle School (north of the project site) and Diamond Crest Estate (east of the project site) projects, one area of controversy that did surface was the potential physical linkage, as a through street, of Larkstone Drive and Diamond Crest Lane. Presently both streets end at abutting cul-de-sacs in front of South Pointe Middle School. An operable gate prevents through access by motorists but allows for emergency access. If the two streets were connected, a substantial volume of the project’s projected construction and operational traffic would likely be reoriented toward Brea Canyon Road. Although not specifically examined in this EIR, the Lead Agency has the ability to consider, either as a design variation to the proposed project or as a mitigation measure, the following: (1) improving the physical linkage between Larkstone Drive and Diamond Crest Lane thus allowing the street to function as a local connector; and/or (2) modifying the project’s proposed vehicular access onto Larkstone Drive so that the entry gate is located to the east of the existing cul-de- sac, thus allowing construction and operational traffic associated with the proposed residential use to obtain access from Brea Canyon Road, via Diamond Crest Lane. Issues to be Resolved Based on comments received by the City following the release of the NOP and the Lead Agency’s independent analysis of the proposed project, the following “issues to be resolved” have been identified. Of these issues, a number are unique to the proposed project, while other August 2006 Draft Environmental Impact Report Page ES-6 Executive Summary South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Executive Summary Page ES-7 issues represent the type of considerations that are applicable to all projects that are subject to the provisions of CEQA and its implementing guidelines. Unresolved or potentially unresolved issues that remain subject to agency deliberations may include: (1) conveyance of real property by the WVUSD beyond the tract map boundaries to the City; (2) the development of Larkstone Park in the location and configuration now proposed; (3) the residual acreage (designated remainder 6 ) not included in the project boundaries; (4) the inclusion of Applicant-initiated repairs to a portion of Morning Sun Avenue as part of the proposed action; and (5) the selection between alternatives. Each of these issues is briefly discussed below. • Real property conveyance. The proposed project includes a new 2.18 net usable acre park located along Larkstone Drive (Larkstone Park). Only an approximately 1.44 gross acre portion of the proposed park site is, however, located within the Applicant’s vesting tentative tract map boundaries. Similarly, only a portion of the park site is within the approximately 24.6-acre area presently being acquired or recently acquired by the Applicant from the WVUSD. As such, development of a new park site within and adjacent to the tract map area, in the location and of the size now proposed, is predicated upon an additional approximately 3.24 gross acre dedication or conveyance of real property by the WVUSD to the City. As indicated in the County Assessor’s Parcel Map (Assessor’s Parcel No. 8763-26-901), an approximately 2.87-acre parcel, identified as “Larkstone Park” and inclusive of the area now improved as Larkstone Drive, is part of the area comprising South Pointe Middle School. That area presently includes a landscaped slope area and a portion of the school’s outdoor recreational fields. When South Pointe Middle School was developed, the City and the WVUSD entered into an agreement whereby the WVUSD was allowed to utilize that property as part of the school site in exchange for a later commitment by the WVUSD to provide comparable acreage to the City. The conveyance of WVUSD property, located beyond the tract map boundaries, to the City for park purposes would serve to fulfill the District’s obligations under that agreement. Since the WVUSD is neither identified as the project proponent nor as a co-signatory on the development application, the City likely lacks the ability to impose tract map conditions, binding on the WVUSD, establishing a project-related obligation upon another public agency not seeking any local entitlements to dedicate the precise 3.24 gross acre property extending beyond the tract map boundary and presently identified as a component of the proposed neighborhood park site for park-related use. Implementation of the project’s proposed neighborhood park component is, therefore, dependent upon the separate actions of the WVUSD. Alternatively, in the event that the WVUSD elected not to convey additional real property beyond the tract map boundaries, the project could be conditioned to require the purchase and conveyance of additional real property by the Applicant at another off-site location and/or the reconfiguration of the proposed subdivision to accommodate additional park acreage within the tract map boundaries. Absent those or similar actions, the project’s park component cannot be implemented in the manner, size, location, or configuration now proposed. 6/ As indicated in Section 66455(d)(3) of the CGC: “A parcel designated as ‘not a part’ shall be deemed to be a ‘designated remainder’ for purposes of this section.” South Pointe West City of Diamond Bar, California • Larkstone Park. During public scoping meetings, comments were received by the City expressing opposition to the siting of a new neighborhood park site in the location now under consideration. Since the outdoor recreational areas located on the South Pointe Middle School site presently serves as a neighborhood park, available for community use when school operations permit, recreational facilities already exist in the general project area. Creation of a new park site, accessible by means of a single point of vehicular access, will introduce additional traffic, noise, and other potential impacts affecting not only the proximal properties but those homes and their occupants located on those affected travel routes traversing established residential neighborhoods. The project’s decisionmakers, therefore, need to consider whether the proposed park site is appropriately sited or, in lieu of the location now proposed, alternative park facilities should be created elsewhere in the City. In addition, as now proposed, the Applicant and the WVUSD will dedicate and convey to the City an approximately 2.18 net useable acre neighborhood park site, comprised of both an approximately 1.44 gross acre portion of the tract map area and an additional approximately 3.24-acre property located beyond the tract map boundaries. Conceptual development plans include two separate pad areas, identified as the upper and lower park areas, separated by an intervening slope. Actual usable acreage is, therefore, less than the area proposed for dedication. Similarly, the park’s location and configuration limits the type and number of recreational facilities that can potentially be developed on that property. Through this development application, the City is being asked to accept the proposed park dedication as full or partial fulfillment of the WVUSD’s obligations, if any, for Larkstone Park and to accept the park dedication and the Applicant-initiated improvements as off-sets against the Applicant’s park impact fees. Each year, in conjunction with the development of the annual budget, the City Council establishes a set of goals and objectives for that fiscal year (FY). The City’s stated goals for FY 2005-2006 included, but were not limited to: (1) obtain Larkstone Park agreement; and (2) implement Larkstone Park project (a portion of the park could be used as a natural laboratory for local schools, colleges, and universities). Although the term “natural laboratory” has not been explicitly defined by the City Council, one interpretation might suggest the retention of all or a portion of that area in a more natural condition, including retention of the protected trees that now exist in the eastern portion of that property. As part of the City’s deliberations, the project’s decisionmakers will need to reflect on the type of park use and improvements desired. The precise nature and configuration of the useable park area and the types of improvements to be constructed within the park area remain subject to further deliberations by the City’s advisory and decision-making bodies. Park uses and amenities, therefore, remains an issue to be resolved. • Designated remainder. As now proposed, the Applicant is acquiring only an approximately 24.6-acre portion of Lot 49 of Tract No. 32576 from the WVUSD (Assessor’s Parcel Map No. 8765-005-905), identified on the County Assessor’s Parcel Map as containing approximately 39.95 acres. In order to create the parcel being conveyed to the Applicant from the WVUSD, the larger parcel may first need to be divided to create both the portion being conveyed and the portion being retained by the WVUSD. As now proposed, those portions being retained by the WVUSD are identified as “not a part” (designated remainder) of the current development application, the acreage associated with those retained area are not included within the boundaries of August 2006 Draft Environmental Impact Report Page ES-8 Executive Summary South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Executive Summary Page ES-9 the SPWSP or the project examined herein, no technical studies have been conducted upon those residual properties, no improved land uses have been assumed and no development assumptions have been presented concerning the future use of those properties, whether by the Applicant, the WVUSD, or another party. The WVUSD can act as an autonomous entity and independently act to divide its existing real property holdings. As of this time, no subdivision, parcel map, or lot-line adjustment application has been filed with the City to create those designated remainder properties from the underlying tract map. As specified, in part, in Section 66424.6(a) of the CGC: “When a subdivision, as defined in Section 66424, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing.” As indicated in Section 66424.6(d) of the CGC, a designated remainder or any omitted parcel may subsequently be sold without any further requirement of the filing of a parcel map or final map. The local agency may, however, require a certificate of compliance or conditional certificate of compliance.7 The Lead Agency should consider the imposition of a requirement specifying the issuance of a certificate of compliance or conditional certificate of compliance prior to the subsequent conveyance of the properties comprising the designated remainder. ƒ Larkstone Drive. Larkstone Drive, between Dab Court and Diamond Crest Lane, is presently a private street, constructed by the WVUSD during the development of South Pointe Middle School. Although Larkstone Drive is neither included within the boundaries of the draft specific plan or vesting tract map area, the Applicant has indicated that the WVUSD-owned portion of Larkstone Drive will be dedicated to the City as part of the proposed project. Since the WVUSD is not a co-applicant, other than through the voluntary action of the school district, the City lacks a mechanism to require the dedication of that roadway. • Morning Sun Avenue. A portion of the project site fronts along Morning Sun Avenue, which is a public street located in unincorporated Los Angeles County. A portion of Morning Sun Avenue was damaged during the December 2004 reactivation of the May 1995 landslide which occurred on an approximately 6.0-acre portion of the project site. The County has initiated independent efforts to repair that landslide damage. In the event those County-initiated repairs are not implemented prior to the construction of the proposed project, if subsequently approved, the repair of a portion of Morning Sun Avenue may be undertaken by the Applicant in the course of the Applicant’s removal of the landslide material and geotechnical stabilization of the affected portion of the site. Because of the likelihood that geotechnical stabilization activities would, either directly or indirectly impact a portion of the Morning Sun Avenue right-of-way, for the purpose of CEQA compliance, a portion of that roadway has been included in the project description. The additional acreage located within that right-of-way has not been separately quantified herein but would be confined to the public roadway. 7/ As defined in Section 21.28.020 in Chapter 21.28 (Certificates of Compliance) in Title 21 (Subdivisions) of the Municipal Code, a “certificate of compliance is a document recorded by the county recorder, which acknowledges that the subject parcel is considered by the city to be a legal lot of record. A conditional certificate of compliance is used instead of a certificate of compliance to validate a parcel that was not legally subdivided.” South Pointe West City of Diamond Bar, California • Selection between alternatives. This document provides the Lead Agency and other Responsible Agencies with a comparative analysis of the proposed project and a reasonable range of alternatives, including the “no project” alternative. In recognition of the inclusion of those options herein, the Lead Agency may select and adopt an alternative to the proposed action, other than the project now proposed by the Applicant. Summary of Impacts and Mitigation Measures Presented in Table ES-1 (Summary of Environmental Impacts) is a summary of each of the environmental impacts identified by the Lead Agency, a listing of those project conditions and mitigation measures recommended by the Lead Agency in response to the identified environmental effects, and the Lead Agency’s preliminary conclusions regarding both the pre- mitigated and post-mitigated level of significance of each of the identified environmental effects. Draft Mitigation Reporting and Monitoring Program A number of mitigation measures have been recommended in response to the significant environmental effects identified by the Lead Agency. The mitigation measures identified in this EIR and referenced in Table ES-1 (Summary of Environmental Impacts) are listed in Table ES-2 (Draft Mitigation Reporting and Monitoring Program). If subsequently adopted, the draft mitigation reporting and monitoring program (MRMP) demonstrates the manner in which each of the recommended mitigation measures would be implemented. In addition, for other impacts identified in this EIR that do not elevate to a level of significance, the City has identified a number of additional project conditions. Since those conditions do not constitute mitigation measures under CEQA, the recommended project conditions have not been incorporated into the draft MRMP. August 2006 Draft Environmental Impact Report Page ES-10 Executive Summary South Pointe West City of Diamond Bar, California Table ES-1 SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Environmental Effect Significance Before Mitigation Recommended Project Conditions Recommended Mitigation MeasuresSignificance After Mitigation Land Use Land Use Impact 1-1. New residential and recreational land uses could introduce land use compatibility issues between the proposed uses and those existing and reasonably foreseeable future land uses that now and which may exist in close proximity to those uses. Less than Significant None None Less than Significant Land Use Impact 1-2. The proposed mixed-use project, including the land uses, densities, and development standards now under consideration, could conflict with the adopted plans and policies of the City. Less than Significant None None Less than Significant Land Use Impact 1-3. Existing development restrictions currently encumber the project site. The elimination, modification, and/or alteration of those deed restrictions would be required in order to allow for the development of the proposed land uses. Less than Significant Project Condition 1-1 None Less than Significant Land Use Impact 1-4. The proposed subdivision creates a number of residual or designated remainder parcels, identified as “Not a Part” in the proposed tract map, within the area of Lot 49 of Tract No. 32576, with reduced access. Less than Significant Project Condition 1-2 None Less than Significant Cumulative Impact 1-5. Cumulative residential development within the City and the population increase associated with the introduction of new dwelling units could exceed the 2005-2010 population growth forecasts presented in the “Regional Transportation Plan – Destination 2030” (SCAG, 2004) and which serve as a basis for regional transportation planning. Significant unless Mitigation Incorporated None Mitigation Measure 1-1 Less than Significant Population and Housing Construction Impact 2-1. Project-related construction will increase the local work force and, through job creation and worker relocation, has the potential to induce short-term population growth in the general project area. Less than Significant None None Less than Significant Operational Impact 2-2. Project implementation will result in the addition of 99 dwelling units to the City’s existing housing stock and will increase the City’s population by approximately 326 individuals, based on the existing (January 2005) Citywide vacancy rates and average household size. Less than Significant None None Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-11 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Environmental Effect Significance Before Mitigation Recommended Project Conditions Recommended Mitigation MeasuresSignificance After Mitigation Population and Housing (Continued) Cumulative Impact 2-3. By increasing the City’s housing stock, absence a corresponding increase in long-term employment opportunities, project implementation, in combination with cumulative development, could contribute to a jobs/housing imbalance. Less than Significant None None Less than Significant Geotechnical Hazards Construction Impact 3-1. Two ancient and one active landslides have been identified on the property. Existing unstable earth conditions that have predicated past landslide activities within the tract map area must be further remediated as part of the project’s grading plan, requiring increased earthwork and stabilization efforts in order to make the site geotechnically feasible for the proposed development. Less than Significant Project Conditions 3-1 and 3-2 None Less than Significant Operational Impact 3-2. During the life of the project, structures and other improvements constructed on the property will be subject to periodic ground shaking resulting from seismic events along earthquake faults located throughout the region. Less than Significant Project Conditions 3-1 and 3-2 None Less than Significant Cumulative Impact 3-3. Los Angeles County is located within a seismically active region. Since earthquakes have historically occurred throughout the region and can be expected to occur in the future, development activities that occur throughout the region and their occupants and users will remain subject to seismic forces. Less than Significant None None Less than Significant Hydrology and Water Quality Construction Impact 4-1. Development activities, including both residences and portions of the internal street system, are proposed within the area presently designated as a “flood hazard area” on the County Assessor’s Parcel Maps. Less than Significant None None Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-12 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Significance Recommended Recommended Significance Environmental Effect Before Mitigation Project Conditions Mitigation MeasuresAfter Mitigation Hydrology and Water Quality (Continued) Construction Impact 4-2. Grading, material stockpiling, and equipment staging will result in the removal of existing ground cover, disrupt surface soils, increase the potential for erosion and sediment transport, and potentially impact existing beneficial uses. Less than Significant None None Less than Significant Operational Impact 4-3. Project implementation will result in the introduction of impervious surfaces onto the project site and, as a result of the impedance of opportunities for absorption and infiltration of those waters, has the potential to increase the quantity, velocity, and duration of storm waters discharged from the tract map area. Significant unless Mitigation Incorporated None Mitigation Measures 4-1 and 4-2 Less than Significant Operational Impact 4-4. Unless effectively sized and maintained, all structural and treatment control BMPs, including those to be maintained by the County and by the homeowners’ association, will not result in their planned performance and efficacy. Less than Significant Project Conditions 4-1 and 4-2 None Less than Significant Cumulative Impact 4-5. The project’s implementation and that of other development projects could adversely impact receiving surface or groundwater quality, create hydrologic impacts that could result in significant adverse impacts to natural drainage systems, and adversely affect opportunities for groundwater recharge. Less than Significant None None Less than Significant Biological Resources Construction Impact 5-1. Construction activities will result in direct impacts to about 38.8 acres, including about 25.2 acres located within the tract map area and 13.5 acres located beyond the tract map boundaries, resulting in the removal of existing vegetation within those areas. Fuel modification requirements imposed by the Los Angeles County Fire Department could directly impact additional vegetation. Less than Significant None None Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-13 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Significance Recommended Recommended Significance Environmental Effect Before Mitigation Project Conditions Mitigation MeasuresAfter Mitigation Biological Resources (Continued) Construction Impact 5-2. As proposed, the project will permanently impact approximately 1,042 linear feet of streambed, including 0.13 acres of United States Army Corps of Engineers (ACOE), Regional Water Quality Control Board (RWQCB) jurisdictional waters and 0.33 acres of California Department of Fish and Game (CDFG) jurisdictional waters. Less than Significant Project Condition 5-1 None Less than Significant Construction Impact 5-3. Proposed grading and grubbing activities will result in the removal of or direct impacts upon 46 protected ordinance-size trees (45 coast live oak trees and one willow tree) of the 70 protected ordinance-size trees (65 coast live oak trees and five willow trees) identified on the project site. Less than Significant Project Conditions 5-2 and 5-3 None Less than Significant Construction Impact 5-4. While not observed on the project site, construction could potentially impact one State-listed raptor (American peregrine falcon) and a number of unlisted sensitive reptile species (coast horned lizard, coast patch-nosed snake), sensitive birds (loggerhead shrike, southern California rufous crowned sparrow, Bell’s sage sparrow), sensitive mammals (western mastiff bat, pallid bat, pocketed free-tailed bat, San Diego black-tailed jackrabbit, San Diego desert woodrat, and northwestern San Diego pocket mouse), and sensitive raptors (white-tailed kite, northern harrier, golden eagle, sharp-shinned hawk, Cooper’s hawk, ferruginous hawk, merlin, and prairie falcon). Less than Significant None None Less than Significant Construction Impact 5-5. Grading activities will result in the immediate mortality of small and slow moving animals and result in a disruption of wildlife habitat and the loss and displacement of wildlife, thus resulting in a less diverse and less abundant local faunal population. Less than Significant None None Less than Significant Operational Impact 5-6. Project implementation has the potential to impede existing wildlife movement patterns across the project site. Less than Significant None None Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-14 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Significance Recommended Recommended Significance Environmental Effect Before Mitigation Project Conditions Mitigation MeasuresAfter Mitigation Biological Resources (Continued) Operational Impact 5-7. If improperly designed and maintained, the proposed on-site flood control facilities and structural and treatment control Best Management Practices (BMPs) could potentially provide a habitat for the propagation of mosquitoes and other vectors. Less than Significant Project Condition 5-4 None Less than Significant Operational Impact 5-8. Project implementation, including the occupancy of the proposed residential dwellings and the use of the neighborhood park site, will result in the introduction of additional indirect or secondary effects upon the remaining biological resources. Less than Significant Project Condition 12-1 None Less than Significant Cumulative Impact 5-9. Implementation of the proposed project, in combination with other reasonably foreseeable future projects, will contribute incrementally to the continuing reduction in relatively natural, undisturbed open space areas found within the general project area and contribute to the progressive fragmentation of habitat areas and general decline in species diversity throughout the region. Significant unless Mitigation Incorporated None None Feasible Significant Traffic and Circulation Construction Impact 6-1. Construction vehicles will transport equipment, building materials, and construction debris along local and collector streets within and adjacent to established residential areas and an existing elementary school. Less than Significant Project Conditions 6-1 through 6-3 None Less than Significant Construction Impact 6-2. The project involves the dedication of Larkstone Drive as a public street and the construction of improvements to that roadway, including street widening and improvements to underground utilities. Street improvements could result in the imposition of short-term restrictions to traffic along that roadway, now used primarily as a primary accessway to South Pointe Middle School. Similarly, unless otherwise conducted by the County, the repair of and improvement to Morning Sun Drive will be undertaken as part of the project. Less than Significant Project Conditions 6-2, 6-4, and 9-2 None Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-15 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Significance Recommended Recommended Significance Environmental Effect Before Mitigation Project Conditions Mitigation MeasuresAfter Mitigation Traffic and Circulation (Continued) Operational Impact 6-3. The project is forecast to generate approximately 1,041 daily two-way vehicle trips per day, including 81 trips during the AM peak hour and 108 trips during the PM peak hour. That traffic could increase congestion on local and regional roadways. Less than Significant Project Condition 6-5 None Less than Significant Operational Impact 6-4. The installation of access gates at the project’s entryways could create conflicts on the adjoining roadways if vehicles gaining entry into the tract map area were to impede traffic flow along those roadways, such as might occur if the stacking distance allocated for entering vehicles was of insufficient length to accommodate the number of vehicles seeking entry during peak periods. Less than Significant Project Condition 6-6 None Less than Significant Operational Impact 6-5. Internal street design, including the provision of on-street parking and the installation and maintenance of abutting landscaping , could create safety hazards unless designed in accordance with appropriate traffic engineering standards. Less than Significant Project Condition 6-7 None Less than Significant Operational Impact 6-6. The proximity between South Pointe Middle School and the proposed neighborhood park and the potential joint use of that facility by the school district may encourage additional pedestrian traffic between those two facilities and, in combination with the dedication of Larkstone Drive as a public street, introduce additional pedestrian safety hazards. Less than Significant Project Condition 6-8 None Less than Significant Cumulative Impact 6-7. The implementation of the proposed project, in combination with other related projects, will collectively contribute to existing traffic congestion in the general project area and exacerbate the need for localized areawide traffic improvements. Less than Significant None None Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-16 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Significance Recommended Recommended Significance Environmental Effect Before Mitigation Project Conditions Mitigation MeasuresAfter Mitigation Air Quality Construction Impact 7-1. Construction activities will result in the generation of particulate, oxides of nitrogen, and other criteria pollutants as a result of projected ground-disturbance activities and equipment utilization. Significant unless Mitigation Incorporated Project Conditions 7-1 through 7-5 Mitigation Measure 7-1 Significant Construction Impact 7-2. Construction activities will involve the use of diesel-powered off-road equipment and on-road vehicles that, in limited areas and for limited duration, will operate in proximity to existing sensitive areas. Since diesel particulate emissions have been categorized by the California Air Resources Board as a toxic air contaminant, exposure could result in possible health risks to near-site receptors. Less than Significant None None Less than Significant Operational Impact 7-3. During the project’s operational life, a number of criteria pollutants will be generated as a result of vehicle trips associated with the proposed land uses (mobile sources), the consumption of natural gas associated with space heating, and the off-site generation of electricity (stationary sources). Less than Significant None None Less than Significant Operational Impact 7-4. Increased traffic along project area roadways has the potential to result in the creation of carbon monoxide (CO) “hot spots.” Less than Significant None None Less than Significant Cumulative Impact 7-5. Related project activities, in combination with the construction and operation of the proposed project, will incrementally contribute to regional air emissions within and throughout the South Coast Air Basin. Significant None None Feasible Significant Noise Construction Impact 8-1. Project-related construction activities, including the use of heavy equipment, will occur in close proximity to existing residential units and will result in short-term noise increases perceptible to off-site sensitive receptors. Less than Significant Project Conditions 8-1 and 8-2 None Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-17 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Significance Recommended Recommended Significance Environmental Effect Before Mitigation Project Conditions Mitigation MeasuresAfter Mitigation Noise Operational Impact 8-2. Project implementation will result in the generation of an additional 1,041 vehicular trips per day, including 81 trips during the AM peak hour and 108 trips during the PM peak hour. Project-related traffic will be added to local roadways and could expose off-site sensitive receptors located along affected travel ways to perceptible increases in traffic noise. Less than Significant None None Less than Significant Cumulative Impact 8-3. Short-term construction and long-term operational noise associated with the proposed project, in combination with other related projects, will contribute to both a localized and an areawide increase in ambient noise levels in proximity to those projects and along those roadways utilized by project-related and related project traffic. Less than Significant None None Less than Significant Public Services and Facilities Construction Impact 9-1. During construction, equipment, building and landscape materials, and a variety of household items will be brought to the project site. Visibility of the tract map area from off-site vantage points is limited and during certain periods, no or limited numbers of personnel will be on the project site. Less than Significant Project Conditions 9-1 and 9-2 None Less than Significant Construction Impact 9-2. Project implementation will result in the introduction of equipment, materials, and manpower into a County-designated fire hazard area prior to the provision of water system improvements designated to respond to in-tract fire hazards. Less than Significant Project Conditions 9-3 through 9-5 None Less than Significant Construction Impact 9-3. Construction will occur in close proximity to South Point Middle School and could be disruptive to school activities and operations. Significant unless Mitigation Incorporated Project Conditions 6-2 and 6-4 Mitigation Measures 9-1 and 9-2 Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-18 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Significance Recommended Recommended Significance Environmental Effect Before Mitigation Project Conditions Mitigation MeasuresAfter Mitigation Public Services and Facilities (Continued) Operational Impact 9-4. With a resident population of approximately 326 persons and an existing staffing ratio of one sworn officer for each 1,082 residents, in order to maintain existing staffing levels, the LACSD would need an additional 0.30 sworn deputies. Based on the LACSD’s recommended officer to population ratio of one deputy per 1,000 residents, an additional 0.33 officers would be required based on the projected number of in-tract residents. Less than Significant Project Condition 9-2 None Less than Significant Operational Impact 9-5. The introduction of 99 new residential dwellings and a new neighborhood park will increase existing demands on LACFD facilities, equipment, and personnel, thus predicating an incremental need for facility expansion, the purchase of new or replacement equipment, and the addition of LACFD personnel. Less than Significant Project Conditions 6-6 and 9-5 None Less than Significant Operational Impact 9-6. Project implementation will increase enrollment within the Walnut Valley Unified School District by an estimated 71 new students, including approximately 25 new elementary school students (Grades K-6), 19 new junior high school students (Grades 7-9), and 27 new high school students (Grades 9-12). Less than Significant Project Condition 9-6 None Less than Significant Cumulative Impact 9-7. The approval of other reasonably foreseeable future development projects within the general project area will increase existing demands on the Los Angeles County Sheriff’s Department, on the Los Angeles County Fire Department, and on other law enforcement agencies and will increase the number of children served by the Walnut Valley Unified School District. Less than Significant None None Less than Significant Utilities and Service Systems Operational Impact 10-1. The project’s residential and recreational components are projected to generate about 26,208 gallons of wastewater per day (0.26 mgd). Applying a peaking factor of 2.7, the peaked flow rate would be about 70,762 gallons of wastewater per day (0.71 mgd). Less than Significant None None Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-19 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Significance Recommended Recommended Significance Environmental Effect Before Mitigation Project Conditions Mitigation MeasuresAfter Mitigation Utilities and Service Systems (Continued) Cumulative Impact 10-2. Implementation of the proposed project and other related projects would impose cumulative impacts on those existing sewage collection and disposal facilities that are located in the general project area. Less than Significant None None Less than Significant Cultural Resources Construction Impact 11-1. Construction activities can result in the irretrievable loss or damage to any prehistoric, historic, or paleontological resources that may exist within the area of proposed disturbance. Significant unless Mitigation Incorporated None Mitigation Measures 11-1 and 11-2 Less than Significant Cumulative Impact 11-2. Grading activities conducted on other sites located within the general project area could result in impacts to any historic or prehistoric resources that may be located thereupon. In addition, any earth-moving activities conducted on undisturbed sites containing the Soquel and La Vida Members of the Puente Formation could result in the loss of recoverable paleontological resources. Less than Significant None None Less than Significant Aesthetics Construction Impact 12-1. Excluding those areas that will be retained as natural open space, the project site will take on a distinctively urban physiographic character as native vegetation is removed, hillside areas recontoured, and other construction activities occur. Less than Significant None None Less than Significant Construction Impact 12-2. The project alters existing site topography and necessitates the construction of numerous retaining walls, extending up to about 20 feet in height. Less than Significant Project Condition 12-1 None Less than Significant Operational Impact 12-3. The introduction of new residential and recreational uses will add new sources of artificial lighting to the project site and could result in light trespass extending beyond the project boundaries. Significant unless Mitigation Incorporated None Mitigation Measure 12-1 Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-20 South Pointe West City of Diamond Bar, California Table ES-1 (Continued) SUMMARY OF ENVIRONMENTAL IMPACTS AND LEVEL OF SIGNIFICANCE Significance Recommended Recommended Significance Environmental Effect Before Mitigation Project Conditions Mitigation MeasuresAfter Mitigation Aesthetics (Continued) Cumulative Impact 12-4. Much of the San Gabriel Valley is already highly urbanized and the area’s remaining open space areas take on greater visual significance as a respite to the dominance of urban development. Less than Significant None None Less than Significant Growth Inducement Growth-Inducing Impact 13-1. Because the project includes street dedication, infrastructure improvements, and the physical alteration of areas located outside the tract map boundaries, the project could alter the nature or timing of other unrelated development activities. Less than Significant Project Conditions 1-1 and 1-2 None Less than Significant Draft Environmental Impact Report August 2006 Executive Summary Page ES-21 South Pointe West City of Diamond Bar, California Table ES-2 DRAFT MITIGATION REPORTING AND MONITORING PROGRAM No. Mitigation Measure Compliance Verification Mitigation Milestone Land Use 1-1 Prior to the recordation of the final subdivision map, the City shall request that the Southern California Association of Governments (SCAG) amend and, when deemed appropriate by and at the discretion of SCAG, update the “Regional Transportation Plan – Destination 2030” (2004 RTP) and other regional planning forecasts to reflect a greater level of population and housing growth within the City during the 2005-2010 time period. City Attorney Tract Map Recordation Hydrology and Water Quality 4-1 Prior to the issuance of grading permits, all revetment structures, debris basins, and other drainage facilities and improvements shall be subject to final design and engineering review and approval by the City Engineer and, for those storm drain facilities under County jurisdiction, by the Los Angeles County Department of Public Works (LACDPW). City Engineer Issuance of Grading Permits 4-2 Prior to the issuance of grading permits, the Applicant shall verify that that the existing detention basin is serviceable for its specific purpose and calculated design capacity. If it is determined that the basin requires remediation, subject to prior LACDPW authorizations, specifications, and timing requirements, those actions shall be undertaken with the site’s development. City Engineer Issuance of Grading Permits Air Quality 7-1 In order to reduce emissions attributable to both heavy equipment and vehicle travel, the following actions will be implemented by the Applicant to reduce these emissions: (1) use electric-powered or natural gas-powered equipment in lieu of gasoline-powered or diesel-powered engines where possible; where diesel equipment has to be used because there are no practical alternatives, the Applicant shall use particulate filters and low sulfur diesel, as defined in SCAQMD Rule 431.2 (i.e., diesel with less than 15 ppm sulfur content); (2) require 90-day low-NOX tune-ups for off-road equipment; and (3) limit allowable idling to 5 minutes for trucks and heavy equipment before shutting the equipment down and require the use of soot traps on all on-site heavy diesel powered equipment. Community and Development Services DirectorOngoing during Construction Public Services and Facilities 9-1 Prior to the issuance of a grading permit, the Applicant shall submit and the Director of the Community and Development Services Department (Director) shall approve a temporary fencing and signage plan designed to discourage access to any active construction areas by children. Community and Development Services DirectorIssuance of Grading Permits 9-2 Prior to the issuance of a grading permit, the Applicant shall submit and the Director and the Superintendent of the Walnut Valley Unified School District (WVUSD) shall approve a school safety plan to the City and to the WVUSD. The safety plan shall identify appropriate measures to be undertaken by the Applicant during construction to minimize potential disruptions to school activities and school operations and to enhance the safety of children near active construction sites. Community and Development Services DirectorIssuance of Grading Permits Draft Environmental Impact Report August 2006 Executive Summary Page ES-22 South Pointe West City of Diamond Bar, California Table ES-2 DRAFT MITIGATION REPORTING AND MONITORING PROGRAM Compliance Mitigation No. Mitigation Measure Verification Milestone Cultural Resources 11-1 Prior to the issuance of a grading permit, the Applicant shall submit and the Director shall approve a mitigation program, prepared by a paleontologist approved by the City and the Vertebrate Paleontology Department of the Natural History Museum of the Los Angeles County, to be implemented during earth-moving activities. The paleontologist shall develop a formal agreement with a recognized museum repository regarding: (1) the final disposition and permanent storage and maintenance of any fossil remains that might be recovered as a result of the mitigation program; (2) the archiving of associated specimen data and corresponding geologic and geographic site data; and (3) the level of treatment (preparation, identification, curation, cataloging) of the remains that would be required before the mitigation program fossil collection would be accepted by the repository for storage. Community and Development Services DirectorIssuance of Grading Permits 11-2 Rough grading activities shall be monitored by a paleontologic construction monitor and shall include the inspection of fresh exposures that are created by grading, trenching, and other earth-moving activities in areas underlain by previously undisturbed rock. Monitoring shall allow for the recovery of large fossil remains, if uncovered, and for the recording of associated fossil specimens and site data. If appropriate, monitoring shall also include periodic dry test screening of debris to allow for the recovery of small fossil remains. Initially, monitoring shall be conducted on a half-time basis. If fossil remains are found, monitoring shall be increased, as determined by the Director, in the vicinity of the fossil site and within the stratigraphic interval containing the site. Conversely, if no or only few fossil remains are recovered as a result of monitoring after approximately 50 percent of the earth moving activities have been completed in areas underlain by previously undisturbed rock, the Director may authorize a reduction or cessation of monitoring activities. The monitor shall have the authority to divert any earth-moving activity temporarily away from the fossil site until the fossil remains have been evaluated and, if warranted, recovered. As soon as practical, the monitor shall recover all vertebrate fossils specimens and representative samples of invertebrate and plant fossils. All fossil specimens recovered from the property as a result of the monitoring program shall be treated (prepared, identified, curated, catalogued) in accordance with designated museum repository requirements. If warranted, small samples of rock shall be submitted to commercial laboratories for micro-fossil or other analysis. The monitor will maintain daily monitoring logs that note the locations where monitoring was conducted and the fossil specimens recovered and shall record associated specimen data and corresponding geologic and geographic site data. A final technical report, prepared in accordance with Society of Vertebrate Paleontology (SVP) guidelines, and City requirements, summarizing the results of the monitoring program shall be submitted to and approved by the Director. Community and Development Services DirectorOngoing during Grading Aesthetics 12-1 Prior to the installation of any high-intensity sports lights in the area of the proposed neighborhood park site, a detailed lighting plan shall be prepared for the illumination of active recreational areas, including a photometric analysis indicating horizontal illuminance, and submitted to the Community and Development Services Department. Plans shall indicate that high-intensity, pole-mounted luminaries installed for the purpose of illuminating field and hardcourt areas include shielding louvers or baffles or contain other design features or specification, such as selecting luminaire with cut-off features, to minimize light intrusion to not more than 0.5 horizontal foot candle, as measured at the park boundary. These standards shall not be applied to any adjoining public streets, school or recreational facilities, or other non-light-sensitive land uses. Community and Development Services DirectorInstallation of Sports Lighting Draft Environmental Impact Report August 2006 Executive Summary Page ES-23 South Pointe West City of Diamond Bar, California This page intentionally left blank. Draft Environmental Impact Report August 2006 Executive Summary Page ES-24 South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 1.0: Introduction Page 1-1 1.0 INTRODUCTION 1.1 Purpose and Legal Authority The purpose of this project-level “Draft Environmental Impact Report - South Pointe West Project” (South Pointe West DEIR or DEIR), as prepared under the direction of the City of Diamond Bar (City or Lead Agency), is to serve as an informational document to inform public agency decisionmakers and the general public of the significant or potentially significant environmental effects that may be associated with the approval, construction, habitation, and use of the proposed approximately 34.67 gross acre 1 “South Pointe West Specific Plan” (SPWSP) project site. The SPWSP includes an approximately 31.43 gross acre tract map area, which is inclusive of an approximately 1.44 gross acre new neighborhood park site (i.e., lower park area). In addition, the SPWSP includes an additional approximately 3.24 gross acre area located beyond the vesting tentative tract map boundaries which will constitute a portion of the proposed new neighborhood park site (i.e., upper park area).2 Although located outside the boundaries of the proposed SPWSP, the project site also includes an abutting approximately 7.45 gross acre area which will be utilized as a stockpile site for the placement of surplus soil material excavated during grading operations. The approximately 42.12 gross acre area examined in this environmental impact report (EIR) collectively comprising the project site and is inclusive of the area located within the SPWSP boundaries, the upper and lower park areas, and the proposed stockpile site. This document is prepared in response to and in accordance with the provisions of the California Environmental Quality Act, as amended (CEQA), codified in Division 13, Section 21000 et seq. of the Public Resources Code (PRC), and the State of California’s (State) Guidelines for the Implementation of the California Environmental Quality Act, as amended (State CEQA Guidelines), codified in Title 14, Chapter 3, Section 15000 et seq. of the California Code of Regulations (CCR).3 LJCC - South Point West, LLC (Applicant)4 has submitted to the City of Diamond Bar Community Development Department (Department) a draft specific plan and vesting tentative tract map for a 99-unit detached residential development project, inclusive of “turn-key” 1/ All acreage, square footage, cubic yardage, and other dimensional or volumetric figures presented herein are intended as approximations rather than as precise figures. Minor changes to those figures should be anticipated as the project progresses from the conceptual stage to the final design stage. 2/ Projects undergoing public agency review should be considered dynamic and subject to continuing change and refinement, based not only on agency input but further engineering analysis conducted by the project proponent. Prior to the publication of this EIR, the Applicant informed the City that minor changes to the project’s acreage could and may occur. Notwithstanding those changes, this EIR should continue to suffice as an appropriate environmental basis for the consideration of the proposed project by the Lead Agency and by other responsible agencies as long as those changes occur within the approximately 42.12 acre envelope that defines the proposed project. Should the project increase in total acreage beyond that figure, the Lead Agency will need to consider the potential significance of any such change and determine the adequacy of this EIR in the context of those changes. 3/ None of the statements presented herein are intended to represent a legal opinion as to the precise meaning or potential judisdiction interpretation of the statutory, regulatory, and legal citations presented herein. 4/ Reference to the “Applicant” herein is assumed to be inclusive of the contractors and subcontractors required for the construction of the proposed project and is inclusive of any subsequent holder(s) of real property interests in the subject property or portions thereof, other than: (1) the owners of those constructed single-family homes that are now planned on the project site; (2) the City of Diamond Bar in its Applicant-proposed role as owner and operator of the proposed neighborhood park facilities; (3) the Walnut Valley Unified School District from whom a portion of the project site is being purchased; (4) other underlying owners of any real property interests in the project site that are not specifically identified in permit applications now on file with the City for which this CEQA document has been prepared; and (5) any other agency from whom discretionary permits and approvals are required. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 1-2 Section 1.0: Introduction neighborhood park comprised of approximately 2.18 net useable acres. If approved, the development of the proposed project will require a number of discretionary actions both from the Lead Agency 5 and from other federal, State, and local governmental agencies. As such, unless otherwise exempt, the proposed development project and the discretionary actions associated therewith constitute a “project” subject to the disclosure, outreach, noticing, and analytical provisions of CEQA and the State CEQA Guidelines. As required under Section 22.16.040 (Environmental Resource Protection) in Chapter 22.16 (General Property Development and Use Standards) in Title 22 (Development Code) of the “City of Diamond Bar Municipal Code” (Municipal Code): “Development proposals shall be evaluated in compliance with the California Environmental Quality Act (Public Resources Code § 21000 et seq.), city and general plan environmental policies including, but not limited to, open space habitat, sensitive biological and botanical resources; rare, threatened and/or endangered species; air quality; mineral resources; archaeological resources; and geologic hazards.” The DEIR, in combination with the comments received thereupon, the City’s subsequent responses to those comments, and such additional materials as may be included or incorporated into the project’s environmental review record, shall serve, in whole or in part, as the environmental basis for the Lead Agency’s independent actions with regards to the proposed project, as proposed or as subsequently modified by the Applicant and/or by the City. Those actions may include the approval, conditional approval, or denial of the Applicant’s development request or the approval or conditional approval of an alternative thereto. Should the Lead Agency elect to deny the proposed project, including any alternatives that may be identified by the City or by the Applicant, the City is not first obligated to certify this project-level environmental impact report (EIR). Conversely, should the Lead Agency elect to approve or conditionally approve the proposed project or an alternative thereto, the City is first required to determinate the adequacy of the EIR and to certify that the EIR fully complies with CEQA and the State CEQA Guidelines. This DEIR assesses the potential direct, indirect, and cumulative impacts resulting from the proposed development, the site’s subsequent habitation and use, and the ongoing operation and maintenance of the tract map area, neighborhood park site, and any off-site areas that may be associated therewith. This DEIR also provides the Lead Agency, other governmental entities, and the general public with detailed information about the effects that the proposed project is likely to have on the environment, lists the ways in which the project’s significant or potentially significant effects might be avoided or minimized, and identifies and analyzes a reasonable range of alternatives to the Applicant’s proposed project. This DEIR provides objective and authoritative information in order to assist the City’s Planning Commission (Commission), the City Council (Council), the general public, and other stakeholders in their consideration of the direct, indirect, and cumulative environmental consequences associated with the implementation of the proposed project. If subsequently certified by the Lead Agency, the resulting “Final Environmental Impact Report - South Pointe West Project” (South Pointe West FEIR or FEIR) will be utilized by the City, other responsible agencies,6 and other federal agencies with jurisdiction over the project and/or the 5/ As indicated in Section 15041(a) of the State CEQA Guidelines, the Lead Agency “has authority to require feasible changes in any or all activities involved in the project in order to substantially lessen or avoid significant effects on the environment, consistent with applicable constitutional requirements such as the ‘nexus’ and ‘rough proportionality’ standards established by case law.” 6/ As defined in Section 15381 of the State CEQA Guidelines: “’Responsible agency’ means a public agency which proposes to carry out or approve a project, for which lead agency is preparing or has prepared an EIR South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 1.0: Introduction Page 1-3 resources located thereupon to serve as the environmental basis for any and all discretionary actions that may be required for the project’s approval, conditional approval, and subsequent construction, operation, and maintenance. Prior to taking any actions on the proposed project, under CEQA, the Lead Agency is first required to certify the South Pointe West FEIR. The Lead Agency’s actions, with regards to the project’s CEQA documentation, are independent of the agency’s subsequent actions with regards to the proposed project. For example, the certification of the South Pointe West FEIR does not, in and of itself, dictate the actions of the Lead Agency, other responsible agencies, and other federal agencies relative to the approval or conditional approval of the proposed project. The City has made no predetermination either with regards to the findings of the CEQA process or with regards to the proposed project. 1.2 Introduction to the South Pointe West Specific Plan A specific plan is a regulatory tool that local governments can use to guide development in a localized area. A specific plan serves as a tool for the systematic implementation of the general plan. Specific plans can effectively establish a link between the implementing policies of the local general plan and individual development proposals in a defined area. A specific plan may be as general as setting forth broad policy concepts or as detailed as providing direction to every facet of development from the type, location, and intensity of uses to the design and capacity of infrastructure systems.7 Section 65451 of the California Government Code (CGC) mandates that a specific plan contain the following components: (1) A specific plan shall include a text and a diagram(s) specifying all of the following in detail: (a) the distribution, location, and extent of the uses of land, including open space, within the area covered by the plan; (b) the proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan; (c) standards and criteria by which development will proceed and standards for the conservation, development, and utilization of natural resources, where applicable; and (d) a program of implementation measures, including regulations, programs, public works projects, and financing measures necessary to carry out the items (a), (b), and (c) above; and (2) The specific plan shall include a statement of the relationship of the specific plan to the general plan. As indicated in Section 66473.5 of the CGC: “No local agency shall approve a tentative map, or a parcel map for which a tentative map was not required, unless the legislative body finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1. A proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan.” or negative declaration. For the purpose of CEQA, the term ‘responsible agency’ includes all public agencies other than the lead agency which have discretionary approval power over the project.” 7/ State of California, Governor’s Office of Planning and Research, The Planner’s Guide to Specific Plans, January 2001 Edition, p. 4. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 1-4 Section 1.0: Introduction As indicated by the Governor’s Office of Planning and Research (OPR): “To the extent feasible, the process of preparing the specific plan and the environmental analysis should proceed concurrently because both documents require many of the same studies and resulting information. As the name implies, a specific plan EIR should contain analyses specific enough to reflect the level of detail in the plan.”8 Authorization for and City requirements concerning the content, filing, and processing of specific plans is outlined in Chapter 22.60 (Specific Plans), in Title 22 (Development Code) of the Municipal Code. As specified in Section 22.60.060 (Adoption of Specific Plan) therein, the “adoption of a proposed specific plan is entirely at the discretion of the council. The council shall adopt a specific plan only if it finds that the proposed plan is consistent with the general plan and other adopted goals and policies of the city, and that the proposed specific plan is in compliance with the provisions of the California Environmental Quality Act.” 1.3 Relevant Background Information In 1992, the City received and processed a development application, including the “South Pointe Planned Community Regulations and Development Standards”9 (South Pointe Master Plan or SPMP), for a 171-acre multi-parcel area located west of Brea Canyon Road, north of Peaceful Hills Road, and east of Morning Sun Avenue. The South Pointe Master Plan and the “Final Environmental Impact Report for the South Pointe Master Plan, State Clearinghouse No. 92081040” (South Pointe Master Plan FEIR or SPMP FEIR) included a number of public (Walnut Valley Unified School District, City of Diamond Bar) and private (Arciero & Sons, Inc., RnP Development, Inc., Sasak Corporation) ownership interests and consolidated a number of separate development applications under a single project-level EIR. The South Pointe Master Plan identified, described, and analyzed five “planning enclaves” upon which residential, non-residential, institutional, and recreational uses would be developed and open space areas would be retained. Those planning enclaves included: (1) 91 single-family dwelling units on an approximately 40-acre site; (2) 109 single-family dwelling units on an approximately 48-acre site; (3) 290,000 square feet of commercial use on an approximately 31- acre site; (4) a 20-acre park and open space area; and (5) an approximately 32-acre school site (South Pointe Middle School). The following tentative tract maps were concurrently processed by the City: (1) Tentative Tract Map No. 32400 (Arciero and Sons, Inc.) - the subdivision of the northwestern portion of the project site (approximately 47.5 acres) to accommodate 91 single-family dwelling units and to create two residual commercial parcels (approximately 6.3 acres), allowing for the construction of two additional residential units; (2) Tentative Tract No. 51407 (RnP Development, Inc.) - subdivision of the southerly portion of the site (approximately 84.2 acres) for the development of 90 single-family dwelling units, recreational and open space uses (approximately 28.1 acres) and commercial development (approximately 21.9 acres); and (3) Tentative Tract Map No. 51253 (Sasak Corporation/Patel) - subdivision of three existing lots (about 6.8 acres) located in the westerly portion of the project site for the development of 21 single-family dwelling units. As indicated in the SPMP FEIR, two of the tentative tract maps (51253 and 51407) included portions of the same area. Circulation plans and the number of units were not, however, 8/ Ibid., p. 23. 9/ The Planning Associates, South Pointe Planned Community Regulations and Development Standards, September 1992. South Pointe West City of Diamond Bar, California internally consistent between those tentative maps. The current South Pointe West project site, as addressed herein, includes all or portions of Tentative Tract Map Nos. 51253 and 51407. In June 1994, the City certified the SPMP FEIR and elected to implement Alternative No. 2 – East/West Canyon Preservation Alternative in lieu of the then proposed project which included the area of Tentative Tract Map No. 32400. In October 1994, the City conditionally approving Tentative Tract Map No. 32400 (City Council Resolution Nos. 94-48 and 94-49), authorizing 91 single-family dwelling units and two residual parcels (accommodating two units) upon with that approximately 47.5-acre area. In December 1994, the City denied Tentative Tract Map No. 51407 (City Council Resolution No. 94-55). The City’s action was predicated, in part, upon the purchase of the area of Tentative Tract Map No. 51407 (from RnP Development, Inc.) by the Walnut Valley Unified School District (WVUSD or District) and the WVUSD’s cessation of processing of that tentative map. Following the WVUSD’s real property acquisition, the District prepared and implemented a grading plan which included the relocation of approximately 500,000 cubic yards of surplus soil then stockpiled at the temporary South Pointe Middle School facility to an alternative stockpile location within the area of Tentative Tract Map No. 51407 and commenced construction of permanent facilities at South Pointe Middle School. On May 17, 1995, through an EIR addendum process, the City conditionally approved Tentative Tract Map No. 51253 (City Council Resolution Nos. 95-21), authorizing the construction of 21 dwelling units on that approximately 6.8-acre site. On November 5, 1996, through another EIR addendum process, the City approved Tentative Tract Map 52203 (Diamond Crest Estates, LLC) (City Council Resolution Nos.96-72) for 16 single-family units within the two residual parcels in Tentative Tract Map No. 32400, representing a net increase of 14 authorized units. Following the City’s approval and WVUSD acquisition, in May 1995, an approximately 6.8-acre landslide occurred in the westerly area of Tentative Tract Map No. 51407, affecting the areas comprising Tentative Tract Map Nos. 51407 and 51253 and Morning Sun Avenue. During the remedial grading activities undertaken to stabilize that area, earthen materials were removed and stockpiled east of the landslide area (within the area of Tentative Tract Map No. 51407). Of the uses described and analyzed in the SPMP FEIR, only 105 units and the South Pointe Middle School have now been developed within that area. The SPMP was not, itself, adopted by the City. In addition, the City’s approval of Tentative Tract Map No. 51253 has subsequently lapsed. Under existing City policies, only three units (one unit per parcel) are now authorized within that area. No development has, however, proceeded within that 6.80-acre area. The currently proposed project is located within the area of Tentative Map Nos. 51253 and 51407 but is separate and apart from those earlier projects. In an unrelated action, Tentative Tract Map No. 51407 was previously denied by the City following the certification of the SPMP Plan FEIR. The City’s approval of Tentative Tract Map No. 51253 has subsequently lapsed. Other than those associated with the division of the general project area into its current lot configuration, there are no subdivision map approvals affecting the subject property. 1.4 CEQA Provisions 1.4.1 Informational Document As indicated in Section 21061 of CEQA, an EIR is an “informational document which, when its preparation is required by this division, shall be considered by every public agency prior to its approval or disapproval of a project. The purpose of an environmental impact report is to Draft Environmental Impact Report August 2006 Section 1.0: Introduction Page 1-5 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 1-6 Section 1.0: Introduction provide public agencies and the public in general with detailed information about the effect which a proposed project is likely to have on the environment; to list ways in which the significant effects of such a project might be minimized; and to indicate alternatives to such a project.” As further indicated in Section 15121 of the State CEQA Guidelines, an EIR is identified as an “informational document.” As indicated therein, the “public agency shall consider the information in the EIR along with other information which may be presented to the agency.” An EIR is not a policy document in the same fashion that the “City of Diamond Bar General Plan” (General Plan)10 and the Municipal Code are policy documents; rather, the EIR is an “informational document” intended to provide an environmental basis for informed decisionmaking both by the City, by other responsible agencies, and by other federal agencies. As a result, the information presented in this EIR neither determines nor dictate the Lead Agency’s subsequent actions concerning the proposed project. The EIR does, however, provide an environmental basis for those decisions. 1.4.2 Environmental Review Requirements The City has received and subsequently deemed complete a development application for a 98- unit residential development on an approximately 35.86 gross acre area, including an additional approximately 7.50 gross acre area to be used as a stockpile site, located south of the State Route 60 (Pomona) Freeway and Golden Springs Drive, west of the State Route 57 (Orange) Freeway and Brea Canyon Road, north of Pathfinder Road, and east of western corporate boundary of the City. More specifically, the project site is located south of Larkstone Drive, north of Peaceful Hills Road, and east and inclusive of a portion of Morning Sun Avenue. As indicated under Section 15060(a) of the State CEQA Guidelines, “[a] public lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. While conducting this review for completeness, the agency should be alert for environmental issues that might require preparation of an EIR or that may require additional explanation by the applicant. Accepting an application as complete does not limit the authority of the lead agency to require the applicant to submit additional information needed for environmental evaluation of the project. Requiring such additional information after the application is complete does not change the status of the application.” As further indicated in Section 15060(b) therein, “[e]xcept as provided in Section 15111, the lead agency shall begin the formal environmental evaluation of the project after accepting an application as complete and determining that the project is subject to CEQA.” The City, in its capacity as “lead agency”11 under CEQA, conducted a preliminary environmental review of the proposed project and determined: (1) that the proposed activity constitutes a “project” as defined under CEQA and its implementing guidelines; and (2) since the project has the potential to generate significant or potentially significant effects on the environment,12 that an EIR constitutes the appropriate form of CEQA documentation to assess the project’s potential direct, indirect, and cumulative effects. 10/ City of Diamond Bar, City of Diamond Bar General Plan, July 25, 1995. 11/ As defined in Section 15367 of the State CEQA Guidelines: “’Lead agency’ means the public agency which has the principal responsibility for carrying our or approving a project. The lead agency will decide whether an EIR or negative declaration will be required for the project and will cause the document to be prepared.” 12/ Referencing Section 15382 of the State CEQA Guidelines, a “‘[s]ignificant effect on the environment means a substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant.” South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 1.0: Introduction Page 1-7 Projects that are denied or rejected are not subject to compliance with CEQA and its implementing guidelines.1 Conversely, prior to approving or conditionally approving any project subject to CEQA, each public agencies affirmatively acting upon any of the discretionary actions associated with that project must demonstrate compliance with those State-mandated analytical and disclosure requirements. This EIR has been prepared to allow the Lead Agency, other responsible agencies, and other federal agencies with jurisdiction over the project or the resources contained thereupon the opportunity to consider the potential direct, indirect, and cumulative impacts resulting from the approval or conditional approval of the proposed project. 1.4.3 Thresholds of Significance Standards Each of the project-related and cumulative environmental effects identified herein has been evaluated relative to the identified threshold standards to determine whether that impact, prior to the imposition of any mitigation measures, exceeds the identified threshold criteria. The Lead Agency has preliminarily endorsed the cited thresholds by putting them for public and agency consideration in this DEIR. As part of the decision-making process, the Lead Agency, with the input of other stakeholders, must determine whether the threshold standards presented herein are reasonable, whether other threshold criteria should be appropriately considered by the Lead Agency’s advisory and decision-making bodies, and whether the resulting categorization of each impact’s level of significance both before and following the application of any identified mitigation measures is supportable based on the totality of information now available to the Lead Agency. 1.4.4 Mitigation Measures Section 21002 of CEQA indicates that State and local agencies should not approve projects, as proposed, if there are feasible mitigation measures or alternatives available which would substantially lessen the significant environmental effects of such projects. This requirement is not applicable to impacts that do not exceed the agency’s threshold of significance criteria since such impacts would, by definition, not be deemed to be significant. Under CEQA, the imposition of mitigation measures is only required when and if a proposed project has been determined to produce a significant environmental effect.2 Although not specified as mitigation measures under CEQA, standard conditions and project design features can provide another means to reduce identified impacts. Avoidance or reduction of environmental effects is the cornerstone of CEQA. Pursuant to Section 15370 of the State CEQA Guidelines, mitigation measures need to accomplish one or more of the following: “(a) Avoiding the impact altogether by not taking a certain action or parts of an action. (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation. (c) Rectifying the impact by repairing, rehabilitating, or restoring the impacted environment. (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (e) Compensating for the impact by replacing or providing substitute resources or environments.” 1/ Section 15270(a), State CEQA Guidelines. 2/ Referencing Section 15126.4(a)(3) of the State CEQA Guidelines, “[m]itigation measures are not required for effects which are not found to be significant.” Additionally, mitigation measures are also not required for purely socio-economic impacts (Goleta Union School District v. Regents of the University of California). South Pointe West City of Diamond Bar, California Mitigation measures must impose an obligation on the project proponent in excess of those that would otherwise exist in the absence of those measures. Compliance with existing laws, rules, and regulations, as well as the imposition of standard conditions routinely imposed by the City, by other responsible agencies, and by other federal agencies would not constitute appropriate mitigation under CEQA. In determining the need for additional project-specific mitigation, implementation of each of those preexisting requirements must be assumed. Similarly, the identification of actions or activities that comprise a part of the project itself, including those that the Applicant has voluntarily committed to impose, do not constitute mitigation measures since the project’s implementation, unless subsequently modified, cannot mitigate for the impacts that the implementation of the proposed project would itself create. Mitigation measures must satisfy the constitutional test of “substantially advancing legitimate governmental interests.” The California Supreme Court has ruled that this requirement consists of two elements. First, the courts (Nollan v. California Coastal Commission) delineated the “essential nexus” that must exist between the legitimate public interest being protected and the mitigation imposed. A basis link between the mitigation measures imposed and the identified environmental impacts is needed to satisfy this test. Second, the courts (Dolan v. City of Tigard) stated that the measure must substantially advance legitimate governmental interests and be “roughly proportional” to the project’s individualized impact. Mitigation, therefore, cannot exceed the magnitude or extent of the impact being addressed.15 In addition, certain types of mitigation are expressly restricted by statute. For example, as indicated in Section 21085 of CEQA, for a project involving a housing development, an agency may not reduce the number of housing units as a mitigation measure if there is another feasible mitigation measure or alternative that would produce a “comparable level of mitigation.” 1.4.5 Standard of Adequacy As required under the State CEQA Guidelines, an EIR should be prepared with a sufficient degree of analysis to provide decision makers with information that will enables them to make a decision which intelligently takes into account the environmental consequences of that action. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in light of what is reasonably feasible. As indicated in Section 15003(i) of the State CEQA Guidelines, “CEQA does not require technical perfection in an EIR, but rather adequacy, completeness, and a good-faith effort at full disclosure. A court does not pass upon the correctness of an EIR’s environmental conclusions, but only determines if the EIR is sufficient as an informational document.” Through the preparation of this EIR, it is the City’s intent to provide the Commission, the Council, and other stakeholders with a sufficient level of analysis to fully address each of the significant environmental impacts resulting from the implementation of the proposed project. It is the Commission’s and the Council’s responsibility, through the independent review and actions of those bodies, to determine both the appropriate level of environmental review and the adequacy of the information and analysis presented. 1.4.6 Speculative Analysis As indicated in Section 15145 of the State CEQA Guidelines, if, after thorough investigation, the Lead Agency finds that a particular impact is too speculative for evaluation, the agency should note its conclusion and terminate discussion of the impact. August 2006 Draft Environmental Impact Report 15/ Section 15041(a) and Section 15126.4(a)(4)(A) and (B), State CEQA Guidelines. Page 1-8 Section 1.0: Introduction South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 1.0: Introduction Page 1-9 In 2002, the WVUSD formulated preliminary plans to develop a new educational facility on an approximately 7.5-acre portion of the WVUSD’s real property holdings south of South Pointe Middle School. In 2003, the WVUSD commissioned a real property appraisal for the purpose of identifying the “highest and best use” for that 78-acre property. In January 2004, the WVUSD disseminate the “South Pointe West Property Bid Package” (Bid Package). As indicated therein, “the District has chosen to divide the property into what is now known as South Pointe East and South Pointe West.” South Pointe East is 53.4 gross acres and is composed of two 1- acre pads, a 1.3-acre pad, a 7.5-acre pad (known as the Academy Site), and a 29-acre portion of Sandstone Canyon, south of Diamond Pointe Lane. South Pointe West is approximately 24.6 gross acres and is composed of an approximately 4.8-acre pad, a 1.8-acre pad, and a 1.3-acre detention basin near Morning Sun Avenue. The Bid Package solicited purchase proposals for the WVUSD’s 24.6-acre South Pointe West 16 site. The Applicant responded to the solicitation presented in the Bid Package and was selected by the WVUSD as the success bidder. Following notification of the Applicant’s selection, the Applicant commenced processing of a detailed development request for the project site. In discussions with representatives of the WVUSD, no formal development plans and no tentative schedule have been formulated by the District for the development of either the Academy Site or for any of the remaining real property described in the Bid Package. As a result, the potential for the development of that property, either by the WVUSD or by another party, for an institutional or other land use is deemed to be speculative and no future use of the Academy Site or other District-owned real property, other than for park use and as a potential soil stockpile site, has been analyzed by the Lead Agency as part of this CEQA analysis. Additionally, pursuit to the provisions of Section 54956.8 of the California Government Code (CGC), in 2005, the City initiated discussions with the WVUSD concerning the potential public purchase of all or a portion of the South Pointe East and South Pointe West property. Although initiated, no active negotiations are presently being conducted between the City and the WVUSD with regards to the City’s acquisition of the South Pointe East or South Pointe West properties or any portion thereof. As a result, the potential public acquisition or conveyance of that property, other than as may be associated with the neighborhood park component of the proposed project, has not been analyzed by the Lead Agency herein. 1.5 Tiering of Environmental Documents As indicated in Section 15152 of the State CEQA Guidelines, “’[t]iering’ refers to using the analysis of general matters contained in a broad EIR (such as one prepared for a general plan or policy statement) with later EIRs and negative declarations on narrower projects; incorporating by reference the general discussions from the broader EIR; and concentrating the later EIR or negative declaration solely on the issues specific to the later project. Agencies are encouraged to tier the environmental analyses which they prepare for separate but related projects including general plans, zoning changes, and development projects.” 16/ Based on the context presented, reference to the term “South Pointe West” may be with regards to the WVUSD’s 24.6-acre property or may refer to the area of the Applicant’s 31.4-acre “South Pointe West Specific Plan,” which includes both a portion of the WVUSD’s “South Pointe West” real property holdings and other privately owned lands located adjacent thereto. Because the WVUSD’s “South Pointe West” property and the Applicant’s “South Pointe West” property comprise difference acreages and different configurations, the two terms should not be viewed as interchangeable. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 1-10 Section 1.0: Introduction Three previous environmental analyses have been conducted by the Lead Agency addressing the development of the project site. Those studies include the program-level analyses conducted for the City’s General Plan and the previously proposed Economic Revitalization Area and the project-level analysis conducted for the previously proposed South Pointe Master Plan. Those previously certified EIRs serve as valuable tools in understanding the existing project setting, the impacts associated with localized development activities, and the anticipated long-term environmental impacts associated with areawide development. As a result, this project-level assessment is tiered upon the General Plan FEIR, the “Final Environmental Impact Report for the Diamond Bar Economic Revitalization Area, SCH No. 96111047” (Revitalization FEIR),17 and the SPMP FEIR.18 This DEIR, therefore, constitutes a second-tier or a third-tier analysis of the potential direct, indirect, and cumulative impacts resulting from the site’s development and the property’s subsequent use and habitation. This project-level EIR examines those impacts not previously examined as significant effects on the environment in those prior environmental analyses, those impacts that are or that may be susceptible to substantial reduction or avoidance by the choice of specific revisions to the project or by the imposition of mitigation measures or by other means, and those impacts for which substantial new information shows will be more significant than described in those prior environmental impact reports. Since the certification of those documents, the existing environmental setting has changed. This DEIR addresses project-related and cumulative impacts compared to existing conditions. 1.6 Pre-Circulation Scoping Activities “Scoping” is an important component of the environmental review process. Referencing Section 15083 of the State CEQA Guidelines, “[m]any public agencies have found that early consultation solves many potential problems that would arise in more serious form later in the review process. This early consultation may be called scoping. . .Scoping has been helpful to agencies in identifying the range of actions, alternatives, mitigation measures, and significant effects to be analyzed in depth in an EIR and in eliminating from detailed study issues found not to be important.” On November 23, 2005, the Department executed and released an “Initial Study” (Initial Study) presenting a preliminary assessment of the potential impacts of the proposed project. The Initial Study presented the Lead Agency’s rationale for excluding from further analysis those issues that either did not manifest at a level of significance or which were adequately addressed in a previously certified EIR. The Initial Study, included in Appendix I-A (Initial Study and Notice of Preparation) herein, concluded that the project, as proposed, could potentially result in the generation of significant environmental effects relative to the following topical issues: (1) aesthetics; (2) air quality; (3) biological resources; (4) cultural resources (paleontology); (5) geology and soil; (6) hydrology and water quality; (7) land use and planning; (8) noise; (9) public services (police services, fire protection, and schools); (10) transportation and traffic; and (11) utilities and service systems (wastewater). The topical issues examined in this project-level EIR are based on the preliminary findings outlined in the Initial Study, comments received by the City following the dissemination of the “Notice of Preparation” (NOP), and the Lead Agency’s independent assessment of the project’s potential environmental consequences. 17/ City of Diamond Bar, Final Environmental Impact Report for the Diamond Bar Economic Revitalization Area, SCH No. 96111047, July 1, 1997. 18/ City of Diamond Bar, Final Environmental Impact Report for the South Pointe Master Plan, State Clearinghouse No. 92081040, June 3, 1994. South Pointe West City of Diamond Bar, California When released in November 23, 2005, the then existing development application was based on a 98-unit detached condominium project. The Applicant subsequently revised the draft specific plan and vesting tentative tract map to increase the proposed project’s size to 99 dwelling units. Although the number of dwelling units proposed by the Applicant has increased, none of the impacts identified in the Initial Study as manifesting at a less-than-significant level would, as a result of that increase, now become significant. The Initial Study, therefore, continues to reasonably serve as a supportable disclosure document and a basis for the Lead Agency’s solicitation of comments for consideration in this EIR. Accompanying the NOP and Initial Study was a notice announcing a pre-circulation scoping meeting. That notice meeting was conducted on December 15, 2005 at the South Coast Air Quality Management District/Government Center – Room CC-6 (21865 Copley Drive, Diamond Bar). Information disseminated by the Lead Agency and written comments received by the Lead Agency at that scoping meeting are included in Appendix I-B (Scoping Meeting). The information and analysis presented in Appendix I-A (Initial Study and Notice of Preparation) presents both the Lead Agency’s rationale for not addressing other possible topical issues herein and the City’s preliminary findings that those additional topical issues and their associated impacts did not have the potential to manifest at a significant level. Based on comments received by the Lead Agency following the dissemination of the NOP and the Lead Agency’s independent analyses of the proposed project, no substantial evidence has been presented indicating that any additional topical issues or other significant or potentially significant impacts warrant further technical analysis beyond that presented in the “Initial Study,” examined herein, or addressed in the previously certified EIRs. The NOP was sent, via certified mail, to: (1) the California Governor’s Office of Planning and Research (OPR), in that agency’s role as State Clearinghouse (SCH); (2) the Southern California Association of Governments (SCAG), in that agency’s role as the local council of governments; (3) all potential Responsible and Trustee Agencies known to the City at that time of the document’s dissemination; (4) all transportation planning agencies and public agencies with transportation facilities in their jurisdiction which could be affected by the project; (5) other public entities; (6) Native American groups; (7) other interested parties and organizations; and (8) to those parties that had previously submitted a written request for such notification to the Lead Agency. The NOP’s distribution list and tracking information is included in Appendix I-A (Initial Study and Notice of Preparation). As required under Section 15082 of the State CEQA Guidelines, recipients of the NOP were asked to provide written comments within thirty days of their receipt of that notice. All written comments received by the City following the dissemination of the NOP have been considered in the preparation of this EIR and in the derivation of those preliminary findings presented herein. 1.7 DOCUMENTS INCORPORATED BY REFERENCE Section 15150 of the State CEQA Guidelines authorize EIRs to “incorporate by reference” all or portions of other documents that are a matter of public record and either relate to the proposed project or provide additional information concerning the project’s environmental setting and/or impacts. Where all or part of another document is incorporated by reference, the incorporated language shall be considered to be set forth in full as part of the text of the EIR. As such, the incorporated language does not need to be again repeated since the information presented is assumed to be part of the EIR into which that material is incorporated. Draft Environmental Impact Report August 2006 Section 1.0: Introduction Page 1-11 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 1-12 Section 1.0: Introduction Pursuant to that CEQA authority, the following documents are hereby incorporated by reference and by this reference made a part of this EIR: ƒ City of Diamond Bar, Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, July 14, 1992; City of Diamond Bar, Master Environmental Assessment - City of Diamond Bar, July 14, 1992; City of Diamond Bar, Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, May 9, 1995. The “Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083” and the “Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083” provide a program-level assessment of the potential environmental impacts associated with the implementation of the plans and policies outlined in the then proposed “City of Diamond Bar General Plan” (1992). The General Plan FEIR provided substantial and useful background information concerning the environmental setting within the City as well as a program-level assessment of the potential impacts that could occur as a result of the 1992 General Plan’s implementation. The “Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083” (1995 Addendum) was prepared in response to a petition to repeal the City’s approval of the 1992 General Plan and the City’s subsequent preparation of a revised City-wide planning document. The 1995 Addendum examined the potential environmental impacts associated with the approval and effectuation of the “City of Diamond Bar General Plan” (1995), which included the project site. The “Master Environmental Assessment – City of Diamond Bar” (MEA) provided the City with a comprehensive database encompassing the existing (1992) physical, social, environmental, and economic conditions influencing future planning decisions in the City. The document presented a generalized description of the community, described those existing conditions affecting the City, and identified issues and opportunities associated with a number of technical areas relevant to this environmental analysis. Referencing Resolution No. 92-43: “This City Council finds that although the [General Plan] Final EIR identifies certain significant environmental effects that will result if the proposed General Plan is adopted, all significant effects can feasibly be mitigated or avoided [sic] have been reduced to the extent feasible by the imposition of mitigation measures contained within the Final EIR and Mitigation Monitoring Plan.”19 As further indicated in Resolution No. 95-20, “the mitigation measures contained in the Final Environmental Impact Report which was prepared in connection with the 1992 General Plan remain current and valid and a revised Mitigation Monitoring Program is hereby made a part of the Final Environmental Impact Report for the 1995 General Plan to ensure implementation of the mitigation measures identified in the Final Environmental Impact Report.”20 As indicated in the 1995 General Plan Mitigation Monitoring Program, 19/ City of Diamond Bar, Resolution 92-43 (A Resolution of the City Council of the City of Diamond Bar Certifying the Environmental Impact Report for the General Plan of the City of Diamond Bar and Adopting a Statement of Overriding Considerations), pp. 4-5. 20/ City of Diamond Bar, Resolution No. 95-20 (A Resolution of the City Council of the City of Diamond Bar Incorporating Resolution No. 92-43 by Reference and Certifying the Adequacy of the Addendum to the General Plan Environmental Impact Report and Making Findings Thereon Pursuant to the California Environmental Quality Act), adopted by the City Council on May 9, 1995, p. 3. South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 1.0: Introduction Page 1-13 “the goals, objectives, policies, and specific actions, are the proposed mitigation measures of the updated General Plan.”21 ƒ City of Diamond Bar, Final Environmental Impact Report for the Diamond Bar Economic Revitalization Area, SCH No. 96111047, July 1, 1997. The “Final Environmental Impact Report for the Diamond Bar Economic Revitalization Area, SCH No. 9611104” (Redevelopment Plan FEIR) provided a program-level assessment of the establishment and subsequent redevelopment of a proposed 1,454- acre redevelopment area which included the project site. The Redevelopment Plan FEIR assumed and examined the impacts associated with the development of 260 single-family residential units and about 0.83 million square feet of non-residential development over a 10-year period and about 1.51 million square feet of non-residential use over a 20-year period. The Redevelopment Plan FEIR assumed the development of 21 single-family homes on the project site plus an additional 107 single-family dwelling units on the north and east of the project site. The Redevelopment Plan FEIR presented a general description of the then existing environmental setting, analyzed the potential impacts resulting from the redevelopment of the project area and other related project activities identified therein, and identified mitigation measures to reduce or avoid the impacts resulting from those activities. With the exception of air quality, the Redevelopment Plan FEIR concluded that all identified impacts could be mitigated to below a level of significance. ƒ City of Diamond Bar, Annotated Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Tentative Tract Nos. 32400 and 51253 and Vesting Tentative Tract No. 51407), June 3, 1994; City of Diamond Bar, Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 51253), May 17, 1995); City of Diamond Bar, Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 52203), November 5, 1996). The project-level information and analysis presented in the “Annotated Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040” examined the direct, indirect, and cumulative impacts associated with the adoption and implementation of the then proposed approximately 171-acre South Pointe Master Plan. The SPMP identified, described, and analyzed five “planning enclaves” upon which residential, non-residential, institutional, and recreational uses would be developed and open space areas would be retained. Those planning enclaves included: (1) 91 single- family dwelling units on an approximately 40-acre site; (2) 109 single-family dwelling units on an approximately 48-acre site; (3) approximately 290,000 square feet of commercial use on an approximately 31-acre site; (4) an approximately 20-acre park and open space area; and (5) an approximately 32-acre school site (South Pointe Middle School). The following tentative tract maps 22 were identified, described, and analyzed therein: (1) Tentative Tract Map No. 32400 (Arciero and Sons, Inc.); (2) Tentative Tract Map No. 51253 (Sasak Corporation/Patel); and (3) Tentative Tract Map No. 51407 (RnP Development, Inc.). 21/ City of Diamond Bar, Implementation/Mitigation Monitoring Program, July 25, 1995, p. MMP-5. 22/ Although tentative tract maps and vesting tentative tract maps are separate types of subdivision documents, for the purpose of this environmental review, except where otherwise noted, no formal distinction is made with regards thereto. South Pointe West City of Diamond Bar, California The “Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 51253)” included further consideration of Tentative Tract Map No. 51253 and the construction of 21 dwelling units on that approximately 6.8-acre site. The “Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 52203)” included Tentative Tract Map No. 52203 (Diamond Crest Estates, LLC) and for construction of 16 single-family units within the two residual parcels, comprising approximately 6.3 acres, within Tentative Tract Map No. 32400. The proposed project site includes a portion of the area previously included in Tentative Tract Map No. 51407 (previously owned by RnP Development, Inc. and subsequently purchased by the WVUSD) and the area previously included in Tentative Tract Map No. 51253 (Sasak Corporation/Patel). ƒ Walnut Valley Unified School District, Final Environmental Impact Report for Walnut Valley Unified District School Site, SCH No. 88112305, January 4, 1989. This project-level EIR described the environmental effects associated with the development of the approximately 30.6-acre South Pointe Middle School, including the deposition of surplus fill material on the adjoining tract map area (Tentative Tract No. 32400). Additionally, the document provided a detailed analysis of the subsequent development of Tentative Tract No. 32400 on an approximately 44.8-acre site adjoining the proposed school facility. The then proposed tentative tract map included 80 single- family lots and approximately 800,000 cubic yards of grading. Each of the above referenced environmental documents are incorporated herein by reference and are available for review at the City’s Community and Development Services Department (21825 Copley Drive, Diamond Bar) during the Department’s regular business hours. 1.8 AGENCIES, ORGANIZATIONS, AND INDIVIDUALS ASSOCIATED WITH THE PROPOSED PROJECT Presented in Table 1-1 (Agencies, Organizations, and Individuals Associated with the Proposed Project) is a listing of those agencies, organizations, and individuals associated with the proposed project including, but not limited to: (1) the Lead Agency and the Applicant; (2) those responsible agencies that will or that may be required to take one or more discretionary actions concerning the proposed project; (3) federal agencies from whom discretionary permits or approval will or may be required; and (4) Trustee Agencies having jurisdiction by law over those natural resources affected by the proposed project. The Lead Agency’s failure to list one or more such agencies herein does not preclude that agency or those agencies from subsequently utilizing this EIR as the environmental basis for those later actions. Similarly, the mere identification of an agency as a potential responsible agency herein does not elevate the role of that agency or otherwise change that agency’s CEQA compliance obligations in the event that it is subsequently determined that no discretionary permits or approvals are required from that agency of if the agency’s actions are determined to be statutorily or categorically exempt from further CEQA compliance. The documents and records that constitute the administrative record for the proposed project are located at the City’s Community and Development Services Department (21825 Copley Drive, Diamond Bar). The Department shall serve as the custodian of that record. August 2006 Draft Environmental Impact Report Page 1-14 Section 1.0: Introduction South Pointe West City of Diamond Bar, California Table 1-1 AGENCIES, ORGANIZATIONS, AND INDIVIDUALS ASSOCIATED WITH THE PROPOSED PROJECT Affiliation Contact Lead Agency City of Diamond Bar Community Development Department Attn: Nancy Fong, Director 21825 Copley Drive Diamond Bar, California 91765-4178 (909) 839-7030 State Clearinghouse Governor’s Office of Planning and Research - State Clearinghouse Attn: Terry Roberts, State Clearinghouse Director 1400 Tenth Street, Room 222 (P.O. Box 3044) Sacramento, California 95814 (Sacramento, California 95812-3044) (916) 445-0613 Applicant LJCC – South Pointe West, LLC Attn: Kurt Nelson, Project Manager 3632 West 237th Street, Suite 201 Torrance, California 90505 (310) 539-1788 Lead Agency’s CEQA Consultant Environmental Impact Sciences Attn: Peter Lewandowski, Principal 26051 Via Concha Mission Viejo, California 92691-5614 (949) 837-1195 Walnut Valley Unified School District Attn: Dr. Kent Bechler, Superintendent 880 Lemon Avenue Walnut, California 91789 (909) 595-1261 California Regional Water Quality Control Board, Los Angeles Region (4) Attn: Jonathan Bishop, Chief, Regional Planning 320 West 4th Street, Suite 200 Los Angeles, California 90013 (213) 576-6640 California Department of Fish and Game, Region 5 Attn: Charles F. Raysbrook, Regional Manager 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 Potential Responsible Agencies County of Los Angeles Department of Public Works Attn: Donald L. Wolfe, Director 900 S. Fremont Avenue Alhambra, California 91803 (626) 458-5100 Potential Trustee Agency California Department of Fish and Game, Region 5 Attn: Charles F. Raysbrook, Regional Manager 4949 Viewridge Avenue San Diego, California 92123 (858) 467-4201 Potential Federal Agencies United States Army Corps of Engineers Los Angeles District Office Attn: Priya Finnemore P.O. Box 53211, Los Angeles, California 90053-2325 (213) 894-5606 Source: City of Diamond Bar, Community Development Department Draft Environmental Impact Report August 2006 Section 1.0: Introduction Page 1-15 South Pointe West City of Diamond Bar, California 1.9 INDEPENDENT JUDGMENT The information, analysis, and preliminary conclusions, as well as the identified thresholds of significance standards, recommended mitigation measures, and range of project alternative presented herein reflect the independent judgment of the Lead Agency relative to the potential direct, indirect, and cumulative impacts of the proposed South Pointe West project. As authorized under Section 15084(c) of the State CEQA Guidelines, any person, including the Applicant, may submit information or comments to the Lead Agency to assist in the preparation of the draft EIR. The submittal may be presented in any format, including the form of a draft EIR. The Lead Agency is required to consider all information and comments received and the information and comments may be included, either in whole or in part, in the EIR. As specified in Section 15084(e) therein, before using a draft prepared by another person, the Lead Agency shall subject the draft to the agency’s own review and analysis. The EIR that is sent out for public review must reflect the independent judgment of the Lead Agency. Prior to the release of this EIR, a number of technical studies and reports, as presented by the Applicant, were provided to the Lead Agency. Subsequent to receipt of those studies and reports by the City and prior to the Lead Agency’s consideration of those reports as information suitable, in whole or in part, for incorporation into the project’s CEQA documentation, the Lead Agency conducted an independent assessment of each of those technical documents. The findings of that third-party review are part of the administrative record for the proposed project. The administrative record for this project fully documents the Lead Agency’s concerted efforts to ensure the technical adequacy, accuracy, and objectivity of the material presented in the project’s environmental review record, the Lead Agency’s efforts and actions to fully and faithfully demonstrate compliance with CEQA and the State CEQA Guidelines, and the Lead Agency’s actions to effectively involve all interested and affected stakeholders in the project’s environmental review and decision-making processes. August 2006 Draft Environmental Impact Report Page 1-16 Section 1.0: Introduction South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-1 2.0 PROJECT DESCRIPTION 2.1 Project Objectives In formulating the following set of project objectives, a number of sources were considered. Those sources included: (1) applicable public policies relative to both the project site and the proposed land use, including the “City of Diamond Bar General Plan” (General Plan); (2) the “South Pointe Planned Community Regulations and Development Standards” (South Pointe Master Plan or SPMP); (3) information contained in the “Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083” (General Plan FEIR)1 ; (4) information presented in previous CEQA documents addressing all or portions of the project site, including the “Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Tentative Tract Nos. 32400 and 51253 and Vesting Tentative Tract No. 51407)” (South Pointe Master Plan FEIR or SPMP FEIR)2 ; and (5) information provided by the Applicant, including the “South Pointe West Specific Plan” (SPWSP). As derived from those sources, both the Lead Agency’s and the Applicant’s identified project-related objectives are presented below. Since the South Pointe West property is being conveyed to the Applicant by the Walnut Valley Unified School District (WVUSD), presented herein are other City-derived objectives which are intended to represent, in the Department’s judgment, a reasonable set of WVUSD objectives. 2.1.1 Lead Agency’s Objectives As indicated in the “County of Los Angeles General Plan” (County General Plan): “Local plans constitute the primary tools for guiding decisions relative to local land use and development patterns.”3 The project site is located in Diamond Bar and is, therefore, subject to the plans and policies of the City, including those presented in the City’s General Plan. Since the General Plan provides the framework for land use and long-range planning, that document constitutes a possible source for the identification of project objectives. The following goals and strategies, as extracted from the General Plan, serve as the City’s objectives for the proposed project: ƒ Require that new development be compatible with surrounding land uses (Strategy 2.2.1, Land Use Element). ƒ Balance the retention of the natural environment with its conversion to urban form (Strategy 3.3.1, Land Use Element). ƒ Provide opportunities for development of suitable housing to meet the diverse needs of existing and future residents (Goal 2, Housing Element). 1/ City of Diamond Bar, Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, July 14, 1992; City of Diamond Bar, Master Environmental Assessment - City of Diamond Bar, July 14, 1992; City of Diamond Bar, Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, May 9, 1995. 2/ City of Diamond Bar, Annotated Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Tentative Tract Nos. 32400 and 51253 and Vesting Tentative Tract No. 51407), June 3, 1994; City of Diamond Bar, Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 51253), May 17, 1995); City of Diamond Bar, Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 52203), November 5, 1996). 3/ Los Angeles County, County of Los Angeles General Plan, adopted November 25, 1980, revised December 29, 1987, Introduction, p. I-6. South Pointe West City of Diamond Bar, California The Lead Agency acknowledges that the above list of General Plan policies is not intended to be inclusive of all policies presented in that planning document that could relate, either directly or indirectly, to the proposed project. The policies that are presented, however, reflect a reasonable range of objectives and represent a reasonably sampling of those policies that appear most applicable to both the proposed project. In 1992, the City certified the SPMP FEIR which included the project site and assumed the residential development of the subject property. Although the project that was subsequently adopted by the City included the development of only a portion of the larger South Pointe Master Plan area, a number of project objectives presented in that earlier EIR appear to have continued relevancy to the proposed development. Those objectives include: ƒ Result in the creation of an economically viable site plan, allowing for the development of public recreational facilities and conveyance of other community benefits to the City. ƒ Expand existing housing opportunities in fulfillment of the development objectives of the “City of Diamond Bar General Plan.” 2.1.2 Applicant’s Objectives The Applicant is a residential homebuilder and is seeking City entitlements, as well as such additional permits and approvals as may be required from other federal, State, and local agencies, authorizing the construction of a detached housing project, with associated recreational and infrastructure improvements, within and adjoining those real property holdings of the WVUSD which have been identified by the District as surplus property. With regards to the proposed project, the Applicant has stated that the objectives and goals of the project are to: ƒ Create a master planned, residential community utilizing a specific plan of development to create air-space condominium units which deliver a completely detached, single- family style residence to the marketplace. ƒ Develop and dedicate an approximately 2.5-acre public park which will both help to address a present shortage of park space in the City and provide a convenient recreation and open space area for use by project residents. ƒ Obtain entitlements sufficient for development of one of the few significant parcels in the City that is suitable for a residential project of this type, converting a presently unused site, excess to the Walnut Valley Unified School District, to a residential use consistent with present area housing needs and market demand, yet reasonably compatible with the surrounding residential development The above referenced applicant’s objectives are not intended to be inclusive of any additional objectives that may have, either formally or informally, been formulated by the WVUSD with regards to the District’s disposal of the subject property. 2.2 Project Location and Vicinity The approximately 42.12 gross acre project site is located in Diamond Bar, an incorporated community situated along the western edge of Los Angeles County (County). Morning Sun Avenue abuts the project site to the west and forms the corporate boundary between the City and the County. A portion of Morning Sun Avenue right-of-way was damaged either as a direct or indirect result of slope instability problems originating from the project site. To the extent that street repairs are not independently initiated by the County and conducted prior to the Applicant’s construction of the proposed project, the Applicant has indicated an intent to perform August 2006 Draft Environmental Impact Report Page 2-2 Section 2.0: Project Description South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-3 remediation of landslide-induced damage to Morning Sun Avenue, could, therefore, be located in an unincorporated area of the County, east of the Los Angeles Royal Vista Golf Course. As illustrated in Figure 2-1 (Regional Vicinity Map) and in Figure 2-2 (Local Vicinity Map), the project site is generally located south of State Route 60 (Pomona) and Golden Springs Drive, west of the State Route 57 (Orange) and Brea Canyon Road, north of Pathfinder Road, and east of western corporate boundary of the City. More specifically, the project site is located south of Larkstone Drive, north of Peaceful Hills Road, and east of Morning Sun Avenue. 2.3 Project Description The project contains a number of related elements, including the adoption of a proposed specific plan (South Pointe West Specific Plan) authorizing the development of 99 dwelling units within the 34.67 gross acre specific plan boundaries, the adoption of a proposed vesting tentative tract map (Vesting Tentative Tract Map No. 063623),1 the subsequent development and occupancy of the tract map area in accordance with the final subdivision map and the policies of the specific plan, the development and use of a new approximately 4.68 gross (2.18 net useable) acre neighborhood park (Larkstone Park), and the utilization of an existing stockpile (borrow) site as a depository for excess earth material exported from the tract map and neighborhood park site areas. Other than as a depository for soils materials generated through the development of the project site, no subsequent use is now assumed for the approximately 7.45 gross acre stockpile site. The WVUSD may utilize this EIR as the environmental basis for the conveyance of surplus real property to the Applicant and for any other discretionary actions that may be required by or from the District in furtherance of the project described herein. Similarly, other Responsible Agencies may utilize this EIR as the environmental basis for any other discretionary actions required from those agencies for the project’s construction, habitation, operation, and maintenance. The geographic area now proposed as part of by the SPWSP is not inclusive of the entire project site. As proposed, the specific plan area includes only the approximately 31.43 gross acre area of the vesting tentative tract map (which includes an approximately 1.44 gross acre portion of the proposed neighborhood park site located within the boundaries of the real property being conveyed by the WVUSD to the Applicant) and an additional 3.24 gross acre portion of the park site which is not a part of that real property conveyance. Not included within the specific plan boundaries are the proposed approximately 7.45 gross acre stockpile site and the designated remainder parcels located to the east of the proposed vesting tentative tract map area. Since the designated remainder parcels are not a part of the current development application and since no physical changes to those parcels are being proposed, those properties are not further addressed herein. Development applications should be viewed as dynamic and subject to change based on continuing engineering studies conducted by the project proponent and comments received from public agencies. Based on more recent information submitted by the Applicant, the acreages associated with the proposed project have been modified. As now proposed, the SPWSP area totals about 34.51 acres and the vesting tentative tract map totals about 31.28 acres. Since these revised acreages are less than the figures used as the basis for this analysis, for the purpose of CEQA compliance, the larger acreage figures have been retained. 1/ As indicated in Section 15268(b)(3) of the State CEQA Guidelines, the approval of the final subdivision constitutes a ministerial action that is exempt from CEQA requirements. South Pointe West City of Diamond Bar, California 2.3.1 South Pointe West Specific Plan On February 10, 2004, the City’s Planning Commission, through Resolution No. 2004-07, found that the sale of surplus school district property was not in conformance with the City’s General Plan. In response, the Applicant filed a request for a General Plan amendment (GPA), including adoption of a specific plan, for the purpose of amending the General Plan to allow for the development of the project site to accommodate up to 99 detached condominium units. Within the City, specific plans are authorized by and regulated under Chapter 22.60 (Specific Plans) in Title 22 (Development Code) of the Municipal Code. As required under Section 22.60.020 therein, areas designated as planning areas (PA) require the preparation of a specific plan in compliance with Chapter 22.12 (Special Purpose Zoning Districts). The project site is designated “Planning Area 4” in the City’s General Plan. As such, the Municipal Code stipulates that a specific plan must be prepared as a precursor to the site’s development. Specific plans provide a mechanism to allow public agencies to establish individual site-specific design and development standards for those areas addressed in those planning documents, thus allowing deviation from the development standards established in those agencies’ development codes. Proposed is the adoption and subsequent implementation of the land uses, densities, and development policies outlined in the draft SPWSP. If adopted, the SPWSP will modify the existing development standards governing the approximately 34.67 gross acre area addressed in the specific plan and will impose site-specific design and development standards which, in combination with City-imposed conditions and Applicant-imposed and homeowners’ associated enforced conditions, covenants, and restrictions (CC&Rs), will regulate any and all subsequent uses within that planning area. The design and development standards presented in the draft SPWSP would not apply to the proposed approximately 7.45 gross acre stockpile site. Where the specific plan does not explicitly depict project-specific residential development standards, the provisions of Section 22.08.040 (Residential Zoning District General Development Standards) would continue to serve as the applicable development criteria. Table 2-2 (Residential Development Standards Summary) provides a summary of the development standards proposed by the Applicant for residential “Planning Areas 1 and 2.” For those design elements where no architectural guidelines or standard are presented or specified, the existing provisions of the Municipal Code would continue to apply. Figure 2-3 (South Pointe West Specific Plan Land Use Plan) and Table 2-1 (South Pointe West Specific Plan - Detailed Planning Area Summary) depicts the general distribution of land uses within the specific plan boundaries. As indicated, excluding the internal circulation system, three land uses have been identified: Low-Medium Density Residential, Park, and Open Space. The Open Space category is inclusive of both natural open space and engineered slope areas. The development standards presented in the draft SPWSP and summarized herein would substantially alter the existing standards applicable to other low-medium density residential projects, as outlined in the Municipal Code. It is, however, noted that the Municipal Code presently contains provisions authorizing smaller lot sizes for certain types of housing projects. As indicated in Section 22.08.040 (Residential Zoning District General Development Standards) of the Municipal Code, although the minimum lot size in all residential zones in the City is 5,000 square feet, condominiums, townhomes, and planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements of Chapter 22.08 (Residential Zoning Districts). August 2006 Draft Environmental Impact Report Page 2-4 Section 2.0: Project Description South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 PROJECT SITE NOT TO SCALE Figure 2-1 REGIONAL VICINITY MAP Source: Los Angeles County Section 2.0: Project Description Page 2-5 South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 2-2 LOCAL VICINITY MAP Source: PCR Services Corporation August 2006 Draft Environmental Impact Report Page 2-6 Section 2.0: Project Description South Pointe West City of Diamond Bar, California Figure 2-3 SOUTH POINTE WEST SPECIFIC PLAN LAND USE PLAN Source: T&B Planning Consultants NOT TO SCALE Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-7 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 2-8 Section 2.0: Project Description South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-9 Table 2-1 SOUTH POINTE WEST SPECIFIC PLAN - DETAILED PLANNING AREA SUMMARY Land Use Planning Area Acres Percentage Density (DU/acre) Maximum Dwelling Units 1 5.87 7.7 45 Low-Medium Density Residential (RLM) 2 6.63 35.0 8.1 54 3A 0.93 - - Park 3B 1.25 6.8 - - 4A 4.54 - - 4B 9.34 - - Open Space 4C 4.43 54.0 - - Circulation - 1.52 4.2 - - Total: - 34.511 100.0 2.9 99 Notes: 1. The acreage figures presented herein (not inclusive of the proposed stockpile site) reflect the current development application. Since these acreage figures remain less than the 34.67 acre area assumed in this EIR, the larger acreage assumption remain the basis for this environmental assessment. Source: LJCC – South Pointe West, LLC Similarly, separate and apart from the specific plan process, the Municipal Code includes a number of mechanisms through which the City can approve variations to the individual development standards corresponding with each zoning designation. Although not directly applicable to the proposed project, variances are common mechanisms employed by the City to allow for the creation of parcel-specific development standards. A conditional use permit (CUP) process has been retained in the draft SPWSP as a possible implementation tool through which other uses could be conditionally permitted within the specific plan boundaries. The specific plan presently includes a conceptual subdivision map which is used to present the proposed pattern of development for the planning area. Although the tentative map submitted for City processing must comply with the standards for design, improvements, land use, and density, the map is not required to strictly comply with the conceptual design, unless the requirement for such compliance is stated in the specific plan.5 2.3.2 Vesting Tentative Tract Map No. 063623 Vesting tentative tract maps are governed by the provisions of Chapter 21.20.130 (Vesting Tentative Tract Maps) in Title 21 (Subdivisions) of the Municipal Code. As specified therein, the approval of a vesting tentative map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the ordinances, policies, and standards (excluding fees) as provided in Section 66498.1 of the California Subdivision Map Act (Section 66410-66499.58, California Government Code).6 Subsequent land use permits, building 5/ Governor’s Office of Planning and Research, The Planner’s Guide to Specific Plans, April 1998 Edition, p. 32. 6/ The Subdivision Map Act is the primary regulatory control governing the subdivision of real property in California. The act vests the regulation and control of the design and improvement of subdivisions in the legislative bodies of local agencies, which must promulgate ordinances on the subject. The act generally requires all subdividers of property to design their subdivisions in conformity with applicable general and specific plans and to comply with all of the conditions of applicable local ordinances. By generally requiring local review and approval of all proposed subdivisions, the act aims to control the design of subdivisions for the benefit of adjacent landowners, South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 2-10 Section 2.0: Project Description permits, extensions of time, or other entitlements filed on parcels created by the subdivision may be conditioned or denied only if the review authority determines that: (1) a failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or (2) the condition or denial is required, in order to comply with State or federal law. Table 2-2 RESIDENTIAL DEVELOPMENT STANDARDS SUMMARY Development Standard Low-Medium Density Residential Maximum Dwelling Units 99 units Minimum Dwelling Size 3,000 square feet Minimum Lot Width 38 feet Minimum Lot Depth 90 feet Maximum Lot Coverage 60 percent Minimum Yard Setback Front Yard Setback w/ Sidewalk (Back of Sidewalk to Residential Living Space) 10 feet Front Yard Setback w/o Sidewalk (Face of Curb to Residential Living Space) 10 feet Front Yard Setback w/ Sidewalk (Back of Sidewalk to Garage) 18 feet Front Yard Setback w/o Sidewalk (Face of Curb to Garage) 18 feet Rear Yard Setback 7 feet minimum; 10 feet average Side Yard Setback – Interior 5 feet Side Yard Setback – Street 10 feet Minimum Distance between Buildings Main structure – 10 feet Architectural projections – 4 feet Perimeter and Interior Yard Protections 2 feet Maximum Building Height 35 feet Maximum Building Height w/ Architectural Projections 40 feet Maximum Wall and Fence Height 7 feet Off-Street Parking 2 garage spaces (10’x20’ minimum) Minimum Useable Open Space 400 square feet Source: LJCC – South Pointe West, LLC As illustrated in Figure 2-4 (Vesting Tentative Tract Map No. 063623), the Applicant has submitted a vesting tentative tract map (Vesting Tentative Tract Map No. 063623) for the City’s consideration. Proposed are the creation of 99 detached condominium units, plus additional lots for the internal street system, natural and engineered open space parcels, and the in-tract portion (lower park site) of the neighborhood park site. Although included within the boundaries of the draft SPWSP, a portion of the proposed park site (upper park site) is not presently included within the tentative tract map area. Similarly, the proposed stockpile site is neither included within the specific plan area nor within the tract map boundaries. prospective purchasers, and the public in general. More specifically, the act seeks to encourage and facilitate orderly community development, coordinate planning with the community pattern established by local authorities, and assure proper improvements are made, so that the area does not become an undue burden on the taxpayers (Gardner v. County of Sonoma). South Pointe West City of Diamond Bar, California Figure 2-4 (1 of 5) VESTING TENTATIVE TRACT MAP NO. 063623 Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-11 South Pointe West City of Diamond Bar, California Figure 2-4 (2 of 5) VESTING TENTATIVE TRACT MAP NO. 063623 Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-12 South Pointe West City of Diamond Bar, California Figure 2-4 (3 of 5) VESTING TENTATIVE TRACT MAP NO. 063623 Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-13 South Pointe West City of Diamond Bar, California Figure 2-4 (4 of 5) VESTING TENTATIVE TRACT MAP NO. 063623 Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-14 South Pointe West City of Diamond Bar, California Figure 2-4 (5 of 5) VESTING TENTATIVE TRACT MAP NO. 063623 Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-15 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 2-16 Section 2.0: Project Description The vesting tentative tract map contains the following general notes: (1) all street design, street lights, and fire hydrants to conform to City design standards and as required by the City Engineer; (2) easements as required by the City Engineer, public utilities, and districts; and (3) all proposed utilities to be underground.7 As indicated in Table 2-3 (Vesting Tentative Tract Map No. 063623 Land Use Summary), the acreages specified in the tentative map differs slightly from the acreages now presented in the draft specific plan. These differences are not substantive and are the result of the different intent of each entitlement, whereby the specific plan presenting a general design scheme and the tentative map is more precise. Table 2-3 VESTING TENTATIVE TRACT MAP NO. 063623 LAND USE SUMMARY Land Use Acreage Residential 10.33 Private Streets 3.58 Open Space 15.93 Neighborhood Park 1.44 Total 31.28 Notes: 1. The acreage figures presented herein reflect the current development application. Since these acreage figures remain less than the 31.43 acre area assumed in this EIR, the larger acreage assumption remain the basis for this environmental assessment. Source: Hunsaker & Associates As illustrated in Figure 2-3 (South Pointe West Specific Plan Land Use Plan), excluding the stockpile site and the internal circulation system, three land uses would be created or retained on the project site: low-medium density residential, park, and open space. Each of those land uses is described below. Low-Medium Density Residential The proposed vesting tentative map includes 99 detached condominium units. Condominiums are regulated under Chapter 21.24 (Condominiums and Condominium Conversions) in Title 21 (Subdivisions) of the Municipal Code. As defined in Chapter 21.40 (Definitions) therein, a “condominium,” as defined by Section 951(f) of the Civil Code, constitutes “a development where undivided interest in common in a portion of real property is coupled with a separate interest in space called a unit, the boundaries of which are described on a recorded final map or parcel map. The area within the boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to any land except by easements for access and, if necessary, support.” Excluding the street system and designated open space areas, the 99 residential lots total approximately 12.5 acres, producing a net residential density of about 7.9 dwelling units per acre. All units would be at least 3,000 square feet in size. Conceptual floor plans illustrates two- and three-story units, stepping up or down with the corresponding slope, ranging in size from about 3,049 to 4,355 square feet of gross livable area. All dwelling units would include front-facing driveways and garages and would have side-facing entryways. Garages would align with one or both sides of the house. 7/ Hunsaker & Associates, Grading Plan – South Pointe West, March 20, 2006; Hunsaker & Associates, Vesting Tentative Tract Map No. 063623, March 24, 2006. South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-17 Neighborhood Park Proposed is an approximately 4.68 gross acre (2.18 net useable acres), two-tier neighborhood park (Larkstone Park) which would be accessible from Larkstone Drive. The lower park area consists of an approximately 0.93-acre pad (1.44 gross acres) located to the east of the gated entryway to the residential enclave. The upper park area consists of an approximately 1.25- acre pad (3.24 gross acres) separated from the lower tier by an intervening engineered slope. Only the lower park area is included within the boundaries of the proposed vesting tentative tract map. Both park areas are included within the boundaries of the proposed specific plan. A conceptual development plan for the park area is presented in Figure 2-5 (Conceptual Park Area Plan). The precise nature and configuration of the useable park area and the types of improvements to be constructed within the park area remain subject to further deliberations by the City’s advisory and decision-making bodies.8 As indicated in the specific plan, proposed amenities that may be incorporated into the final park plan include, but may not be limited to, a tot lot, open play areas, shade tree planting and rolling turf areas, barbeque areas, and picnic facilities. Restroom facilities and a broader array of park amenities may also be provided. In addition, extending eastward from the parking lot located in the upper park area, the conceptual park plan includes a “link to existing trail system” but does not identify any associated trail system improvements. Based on the relatively small size of the two pad areas, it is not anticipated that the park could reasonably accommodate officially sized athletic fields and hardcourt play areas which would prove generally suitable for organized recreational events. With the possible exception of the tot lot, the final park design will most likely seek to incorporate multiple use lawn areas and passive recreational areas allowing for impromptu rather City-sanctioned sports activities and events. No high-intensive, overhead sports lighting is now assumed but security lighting will be provided. Park facilities will comply with the Americans with Disabilities Act of 1990 (ADA) and the California State Accessibility Standards, as codified in Title 24 of the CCR (California Building Code). Off-street parking for park uses will be provided from Larkstone Drive. Park rules and hours of operation shall comply with the provisions of Division 2 (Park Rules and Regulations) in Chapter 12.00 (Parks and Recreation) in Title 12 (Streets, Sidewalks and Public Properties) of the Municipal Code. As specified in Section 12.00.220, separate operating hours are established for parks without and with lighted athletic fields or facilities. For those parks that lack athletic fields or facilities, park hours are limited to one-half hour before sunrise and one- half hour after sunset of each day. For parks with lighted athletic fields or facilities, individuals are authorized to remain in the park between one-half hour before sunrise and 10:00 PM and can remain in the park after 10:00 PM if they obtain a park use permit from the City Manager. As proposed, the Applicant will provide the park to the City as a “turn-key” facility, whereby the Applicant will construct all park improvement and convey both the real property and the facilities located thereupon to the City upon completion. Real property valuation and improvement costs will be credited against the Applicant’s park dedication fees, as required under Section 21.32.040 (Park Land Dedications and Fees) in Title 21 (Subdivisions) of the Municipal Code.9 8/ Conceptual plans were considered by the City’s Park and Recreation (P&R) Committee on July 28, 2005 and August 25, 2005. As presented, conceptual plans included two separate pad areas and incorporated a zero- depth water park and picnic area, a tot lot, a grass play area, two drinking fountains, restrooms, and a storage area. A trailhead was considered and issues of park maintenance costs associated with the intervening slope area raised. 9/ As authorized under Section 21.32.040(e)(5) therein: “If the subdivider provides park and recreational improvements on dedicated land, the value of the improvements together with any installed equipment shall be a credit against the required fees or land.” South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 2-18 Section 2.0: Project Description Natural and Engineered Open Space As illustrated in Figure 2-6 (Landscape Site Development Plan), within the tract map boundaries are a number of separate lots designated as “open space” areas. Open space areas, which include natural and engineered slopes and in-tract drainage facilities, total approximately 15.9 gross acres. Although neither the tentative tract map nor the specific plan specifies the Applicant’s intent, the City will require that deed restriction be recorded restricting the subsequent use of those parcels for only non-recreational open space and drainage purposes. The precise form and language of those restrictions shall be subject to review and approval by the City Attorney and will be recorded at the time of the recordation of the final subdivision map. Circulation and Other Infrastructure Improvements As illustrated in Figure 2-7 (Location of Access Gates), vehicular access to the tract map area will be regulated by gated, unstaffed entryways located at Morning Sun Avenue/Shepherd Hill Road and at Larkstone Drive, east of Dab Court. Within the tract map area, local streets serving the residential lots will not be dedicated to the City as public streets but will be private roadways maintained by the homeowners’ association. Private streets shall be constructed within 40-foot wide rights-of-way, contain two 10-foot wide travel lanes, 8-foot wide on-street parking areas, and include a curb-adjacent 4-foot wide sidewalk located only on one side of the street. Since a number of the internal streets are double loaded (i.e., homes are proposed on both sides of the street), certain residences will not have sidewalks directly in front of their homes. The proposed street width will conform to City and Los Angeles County Fire Department (LACFD) standards. As illustrated in Figure 2-8 (Conceptual Parking Plan), on-street parking is proposed along both sides of those private streets. Parking plans submitted by the Applicant indicate the potential for 104 on-street parking spaces within the tract map area, representing approximately 1.06 additional parking spaces per dwelling unit.10 Larkstone Drive, east of Dab Court, is presently a private street, constructed by the WVUSD during the development of South Pointe Middle School and now maintained by the District. Although Larkstone Drive is presently not included within either the boundaries of the draft SPWSP or vesting tentative tract map, as proposed by the Applicant, the private right-of-way would be dedicated to the City by the WVUSD and subsequently maintained as a public street. Developed storm water runoff from the majority of the site would be routed through an existing detention basin located to the northwest of the property. Table 2-4 (Summary of Developed Conditions – On-Site Detention Basin) provides a summary of peak developed inflow and mitigated outflow from this existing detention basin. Pursuant to the County’s “Storm Drain Plans in Tract No. 30893 P.D. No. 1467,” dated July 1980, flow exits this existing basin via one 36-inch diameter reinforced concrete pipe (RCP) storm drain built into an existing headwall. Under existing conditions, the basin bottom and top elevations are 645 feet and 653 feet above mean sea level (AMSL), respectively. This orifice has an invert elevation coincident with the basin bottom elevation of 645 feet AMSL. The basin can mitigate the peak inflow of 119.0 cubic feet per second (cfs) to a peak outflow of 75.7 cfs. Peak water surface elevation within this detention basin pond to a predicted height of approximately 651.6 feet AMSL. 10/ In addition to on-street parking, each of the proposed dwelling units will contain an attached garage sized to accommodate two parking spaces and a driveway which could accommodate another two vehicles. Excluding the 20 parking spaces associated with the proposed neighborhood park site and such other on-street parking that may be located outside the boundaries of the vesting tentative tract map area, a total of 500 parking spaces would be available, including 198 garage spaces, 198 driveway spaces, and 104 on-street parking spaces are now proposed. South Pointe West City of Diamond Bar, California Figure 2-5 CONCEPTUAL PARK AREA PLAN Source: RMJ Design Group, Inc. Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-19 South Pointe West City of Diamond Bar, California Figure 2-6 LANDSCAPE SITE DEVELOPMENT PLAN Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-20 South Pointe West City of Diamond Bar, California Figure 2-7 LOCATION OF ACCESS GATES Source: Linscott Law & Greensspan Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-21 South Pointe West City of Diamond Bar, California Figure 2-8 CONCEPTUAL PARKING PLAN Source: Hunsaker & Associates August 2006 Draft Environmental Impact Report Page 2-22 Section 2.0: Project Description South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-23 Table 2-4 SUMMARY OF DEVELOPED CONDITIONS – ON-SITE DETENTION BASIN Drainage Area (acres) 50-Year Peak Inflow (cfs) 50-Year Peak Outflow (cfs) 40.0 119.0 75.7 Source: Hunsaker & Associates, Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California, October 5, 2005 As indicated in the County’s storm drain plans, the receiving 36-inch RCP storm drain has a design capacity flow of 92.8 cfs. As a result, the 75.7 cfs of developed flows mitigated by the existing basin is safely conveyed via this existing storm drain system. Further site investigation is, however, required to ensure the basin, in its current state, is serviceable for this specified purpose. If the basin were to require remediation, subject to the Applicant’s receipt of any requisite approvals as may be required from the Los Angeles County Department of Public Works (LACDPW), those actions would be undertaken concurrently with project’s development. As illustrated in Figure 2-9 (Sewer and Water Exhibit), the proposed water and sewer system, designed to service the individual residential lots, will be primarily located within the on-site street rights-of-way. In accordance with applicable code requirements, minimum separation distances will be maintained between the potable water lines and the sanitary sewer lines. 2.3.3 Stockpile Site In order to accommodate the proposed development plan, surplus soils may be generated and, if generated, would require transport from the tract map area to an acceptable depository. In order to reduce the number of truck trips through existing residential areas, the Applicant has identified a stockpile site located adjacent to and directly west of the proposed neighborhood park site. The approximately 7.45 gross acre stockpile site, illustrated in Figure 2-10 (Potential Stockpile Site), is owned by the WVUSD and was previously used as a stockpile site for surplus soils material generated through the development of South Pointe Middle School. Site topography and geotechnical conditions are such that project grading may result in excess cut of approximately 19,000 cubic yards of earth being permanently placed upon the export site. The Applicant shall implement erosion and dust control measures during site grading. Earthen materials exported from the tract map area and deposited on the stockpile site will not be transported across any public streets. The Applicant has indicated that, with regards to the transport of surplus soil materials between the tract map, park areas, and the stockpile site, the haul route will be over non-public, dirt access road between the project site and the adjacent stockpile site owned the WVUSD.11 2.4 Conditions of Approval Should the Lead Agency elect to approve of conditionally approve the proposed project, the City will impose a number of standard and project-specific conditions relating to the proposed specific plan, tentative tract map, park site, and stockpile area. In addition, the County will impose a number of additional standard and other project-specific conditions on those infrastructure improvements that are within the County’s jurisdiction. Those conditions serve to further define the proposed project but do not constitute mitigation measures under CEQA. 11/ Linscott Law & Greenspan, Revised Traffic Impact Analysis Report – South Pointe West Residential Development, Diamond Bar, California, June 23, 2006, p. 49. South Pointe West City of Diamond Bar, California 2.5 Facility Maintenance A number of agencies and organizations will, upon the project’s completion, possess ownership and/or maintenance interests and obligations for constructed project-related improvements. Excluding those improvements which will be the responsibility of individual homeowners, Table 2-5 (Facility Maintenance Responsibilities) identifies those parties that will most likely own, operate, and maintain each of the improvements associated with the proposed project. Illustrated in Figure 2-11 (Homeowners’ Association Open Space Maintenance Area) are the areas that will be maintained by the project’s homeowners association (HOA), whose membership will be comprised of the home purchasers. Final ownership and maintenance interests and obligations, however, remain subject to further discussions and negotiations between all parties and the identified agencies and/or organizations and may differ from those presented herein. Unless otherwise modified through subsequent agreement, all in-tract facilities and related improvements will be constructed directly by the Applicant. Table 2-5 FACILITY MAINTENANCE RESPONSIBILITIES Land Use Ownership Maintenance Neighborhood Park City City Dedicated Open Space HOA HOA Fuel Modification Zone HOA HOA Storm Drains County LACFCD Sewer Facilities (Mains) County CSMD and CSDLAC Sewer Facilities (Laterals) Private Private Water Facilities (Mains) WVWD WVWD Private Streets HOA HOA Larkstone Drive City City Structural BMPs County County or HOA Treatment BMPs County County or HOA Front Yard Landscaping HOA HOA Entry Gate Gate and Landscaping HOA HOA Notes: CSMD Consolidated Sewer Maintenance District CSDLAC Los Angeles County Sanitation District No. 21 HOA Homeowners Association LACFCD Los Angeles County Flood Control District LACDPW Los Angeles County Department of Public Works WVWD Walnut Valley Water District Source: Environmental Impact Sciences 2.6 Tentative Project Schedule The tentative project schedule presented in Table 2-6 (Tentative Project Schedule) is subject to possible change or refinement based on a number of factors. Those factors include, but are not limited to, timing of receipt of all requisite approvals, market demand, financing, and delays caused by force majeure reasonably beyond the Applicant’s control including, but not necessarily limited to, fire, floods, seismic events, labor actions, or judicial or legislative action. Should the City ultimately approve or conditionally approve the proposed project, the Applicant will be required to obtain discretionary permits from other agencies and may be required to August 2006 Draft Environmental Impact Report Page 2-24 Section 2.0: Project Description South Pointe West City of Diamond Bar, California complete certain activities and/or fulfill specific mitigation measures and conditions prior to the commencement of any site work. Since the actions of other agencies cannot be entirely known pending the completion of the environmental review processes, it is not possible to determine how those requirements could affect the overall project schedule. Figure 2-9 WATER AND SEWER EXHIBIT Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-25 South Pointe West City of Diamond Bar, California Figure 2-10 POTENTIAL STOCKPILE SITE LOCATION Source: Hunsaker & Associates August 2006 Draft Environmental Impact Report Page 2-26 Section 2.0: Project Description South Pointe West City of Diamond Bar, California Figure 2-11 HOMEOWNERS’ ASSOCIATION OPEN SPACE MAINTENANCE AREA Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-27 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 2-28 Section 2.0: Project Description Table 2-6 TENTATIVE PROJECT SCHEDULE Activity Commencement Date Completion Date Specific Plan and Tentative Map Approval 02/2006 12/2006 Final Map Approval 01/2007 06/2007 Site Grading 06/2007 11/2007 Model Home Construction 11/2007 06/2008 Park Construction 11/2007 06/2008 Dwelling Unit Construction 12/2007 11/2009 Residential Build-Out and Occupancy 09/2010 - Source: LJCC – South Pointe West, LLC 2.7 Other Discretionary Permits and Approvals Unless otherwise exempt or authorized pursuant to separate CEQA documentation, it is the City’s intent that this EIR serve as the environmental basis for any and all discretionary actions that may be required for the proposed project, inclusive of all uses and infrastructure systems as may be required for the project’s approval, construction, maintenance, use, operation, and habitation. The discretionary permits and approvals that have presently been identified are discussed in the following subsections. As the project moves forward through the permit process, other discretionary actions may be identified. The City’s failure to list those actions herein does not preclude those agencies responsible for those actions from utilizing this EIR, once certified, as the environmental basis for those agencies’ independent deliberations. 2.7.1 City of Diamond Bar A number of discretionary actions 12 will be required by the City in order to authorize the construction, occupancy, use, and habitation of the proposed project. Those permits and approvals include, but may not be limited to: (1) General Plan Amendment No. 2005-01; (2) Specific Plan No. 2005-01; (3) Vesting Tentative Tract No. 063623; (4) Lot-Line Adjustment LLA2005-003; (5) Conditional Use Permit No. 2005-05; (6) Tree Permit No. 2005-06; (7) Development Review No. 2005-27; (8) Development Agreement No. 2005-01; and (9) Environmental Impact Report 2005-01. As associated with, at minimum, the proposed neighborhood park and Larkstone Drive, the project involves the conveyance of real property from the Applicant and the WVUSD to the City for specified public purposes. Unless otherwise exempt, the City’s agreement of conveyance and acceptance of that real property, pursuant to Section 7050 of the CGC, constitutes a discretionary action subject to CEQA. Under certain circumstances, ministerial actions can themselves become subject to CEQA compliance. In order to ensure full public disclosure, other discretionary and/or ministerial actions associated with the proposed project include, but may not be limited to, issuance of 12/ The determination concerning whether a particular permit or approval is discretionary or ministerial is often one subject to debate, discussion, and legal interpretation. Although the permits and approvals presented herein are identified as discretionary, nothing in this document is intended to alter the status of those actions or elevate the status of a ministerial permit to that of a discretionary permit. South Pointe West City of Diamond Bar, California grading, building, and related permits and individual electrical, gas, and sewer connections. The environmental impacts of all discretionary and/or ministerial actions that may be associated with the proposed project have been considered herein and have been made a part of the project’s environmental record. 2.7.2 Other Responsible Agencies Discretionary permits and approvals that may be required from other Responsible Agencies and other federal agencies include, but may not be limited to: ƒ Conveyance of surplus real property by the WVUSD to the Applicant or to another party, subdivision or existing real property or other form of lot line adjustment to delineate the area of proposed conveyance, transference of additional real property or interests thereupon to the City for park purposes, execution of a lease, slope easement, or other agreement allowing for the deposition of earthen materials and drainage onto District properties, execution of a joint use agreement with the City allowing for the District’s use of the proposed park site for recreational and other uses, and/or conveyance of the Larkstone Drive right-of-way to the City. ƒ Water quality certification pursuant to Section 401 of the Federal Clean Water Act (CWA) from the Regional Water Quality Control Board, Los Angeles Region (LARWQCB) and/or State Water Resources Control Board (SWRCB). ƒ Nationwide permit pursuant to Section 404 of CWA from the United States Army Corps of Engineers (ACOE). ƒ Streambed alteration agreement pursuant to Section 1600-1616 of the California Fish and Game Code from the California Department of Fish and Game, Region 5 (CDFG). As required in Section 20.32.270 (Charges for Maintenance District Annexation, Formation, Exclusions and Dissolutions) in Title 20 (Utilities) of the “Los Angeles County Code” (County Code), any person who desires to place a newly constructed public sewer system in operation and the benefited property is not within a maintenance district shall pay a charge as determined by the County Engineer to cover the cost of processing the annexation or formation, including any State fees. Since the tract map and park sites are not presently part of a designated service area, the project includes annexation into the County’s Consolidated Sewer Maintenance District, including acceptance of the truck sewer system. In addition, the project involves the acceptance of the design and construction of the on-site storm drain system by the Los Angeles County Department of Public Works. The project also involves the creation of off-site slope easements where proposed grading activities extend beyond the tract map boundaries onto properties to be retained by the WVUSD. The WVUSD will need to consent to both the recordation of those easements on properties other that those being conveyed to the Applicant and for use of additional retained WVUSD property for the stockpiling of surplus soil material. Draft Environmental Impact Report August 2006 Section 2.0: Project Description Page 2-29 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 2-30 Section 2.0: Project Description South Pointe West City of Diamond Bar, California 3.0 RELATED PROJECTS AND CUMULATIVE IMPACTS CEQA affords public agencies the opportunity to define probable future projects using one of two separate methodologies. Those projects can be defined based on either a: (1) list of past, present, and reasonably anticipated probable future projects producing related or cumulative impacts; or (2) summary of projections contained in an adopted general plan or related planning document or in a prior environmental document which has been adopted or certified describing or evaluating regional or areawide conditions contributing to the cumulative impact. Both of these approaches are separately discussed below. 3.1 SUMMARY OF PROJECTIONS In accordance with adopted forecasts, growth and development can be expected to continue in southern California. As indicated in the General Plan FEIR, based on the City’s adopted land use policies, between 1990 and the unspecified build-out date of the community, substantial residential and population growth is anticipated within the City. As indicated in Table 3-1 (City of Diamond Bar General Plan - Existing and Proposed Land Use Comparison), a substantial increase in both the number of single-family units and the resident population of the City is projected. Table 3-1 CITY OF DIAMOND BAR GENERAL PLAN EXISTING AND PROPOSED LAND USE COMPARISON Land Use Existing (1990) Proposed (General Plan Build-Out) Change Single-Family 12,589 19,157 6,568 Multi-Family 5,075 4,742 (333) Total Housing Units 17,664 23,899 6,235 Population 53,672 72,414 18,742 Source: City of Diamond Bar, Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, July 14, 1992, Table III-6 As indicated in the 1995 Addendum, the “Final [General Plan] EIR project description anticipates a residential buildout of 23,899 dwelling units and a commercial/office/business park buildout of 6.17 million square feet.”1 In contrast, the 1995 “Housing Element contains an inventory of land suitable for residential development, including both vacant and underutilized sites by residential density category. Areas with sites having a realistic potential of residential development include: (1) three Planned Development areas with a potential for 430 total dwelling units; (2) the Tres Hermanos Planned development, occupying 800 acres at the northeast corner of the City; (3) the 3,591-acre SOI [Sphere of Influence0 area; and (4) other vacant parcels (10 or more) found throughout the City. . .The land within the planning area available for general residential development could yield an additional 3,005 units, for a residential buildout of 20,818 dwelling units, a reduction of 3,081 units from the buildout forecast in the Final [General Plan] EIR.”2 Although a lesser level of residential development is identified, substantial new residential development is projected to occur within the City, including new housing within the City’s designated “Planned Development areas.” 1/ City of Diamond Bar, Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, May 9, 1995, p. 11. 2/ Ibid., pp. 12-13. Draft Environmental Impact Report August 2006 Section 3.0: Related Projects and Cumulative Impacts Page 3-1 South Pointe West City of Diamond Bar, California The Southern California Association of Governments (SCAG) serves as the forum for cooperative decision making by local government elected officials. SCAG’s responsibilities include the development of a regional transportation plan (RTP), regional transportation improvement program (RTIP), and transportation-related portions of local air quality management plans (AQMP). By assessing regional growth and economic trends, the RTP provides strategic direction for transportation capital investments. SCAG’s functions also include, but are not limited to, intergovernmental review of regionally significant development projects and periodic preparation of a regional housing needs assessment (RHNA). According to SCAG’s “Regional Comprehensive Plan and Guide,” “[i]n 1990 there were 14.6 million inhabitants in the six county region. . .In 2015 it is expected that there will be 22 million people living in Southern California and 10.3 million jobs available for workers.”3 In April 2004, SCAG adopted the “2004 Regional Transportation Plan – Destination 2030” (SCAG, adopted April 2004) (2004 RTP) and adopted a set of regional growth forecasts for the 470-square mile portion of the San Gabriel Valley administered by the San Gabriel Valley Council of Governments (SGVCOG) and for each of the 31 incorporated communities that are members of that council of governments. SCAG’s projected population, household, and employment growth forecasts for the City and for the SGVCOG, as reflected in the 2004 RTP, are presented in Table 3-2 (Population, Household, and Employment Forecast for the City of Diamond Bar and the San Gabriel Valley Council of Governments – 2004 Regional Transportation Plan). As indicted SCAG’s 2004 RTP, between 2005 and 2010, SCAG projects that the City’s population will increase by 1,145 residents and the number of household will increase by 642 households. Between 2005 and 2015, SCAG projects that the City’s population will increase by 2,965 residents and the number of household will increase by 1,441 households. 3.2 REASONABLY ANTICIPATED PROBABLE FUTURE PROJECTS Based on the limited scale of the project and its proposed implementation schedule, use of a list of past, present, and reasonably anticipated probable future projects appears to be the most relevant with regards to an assessment of the proposed project’s potential cumulative impacts. Under this methodology, the Lead Agency is required to consider not only approved projects that are currently under construction but also approved projects that have yet to commence construction and unapproved projects currently under environmental review that, based on their location or on other considerations, have the potential to produce significant cumulative impacts. Similarly, the inventory of such projects must include not only those within the Lead Agency’s own jurisdiction but also the jurisdiction of other public agencies. In addition, the cumulative methodology also includes an ambient growth forecast. Information concerning other planned, proposed, or reasonably foreseeable future projects within the general project area was formulated based on a review of the City’s record of filed projects and information obtained from the Los Angeles County Department of Public Works, Traffic and Lighting Division.4 Figure 3-1 (Related Projects Location Map) illustrates the location of each of these related projects in relation to the project site. 3/ Southern California Association of Governments, Regional Comprehensive Plan and Guide, March 1996, pp. 3-2 and 3-3. 4/ Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, June 23, 2006. August 2006 Draft Environmental Impact Report Page 3-2 Section 3.0: Related Projects and Cumulative Impacts South Pointe West City of Diamond Bar, California Table 3-2 POPULATION, HOUSEHOLD, AND EMPLOYMENT FORECAST FOR THE CITY OF DIAMOND BAR AND SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS 2004 REGIONAL TRANSPORTATION PLAN Forecast Year Population (persons) Households Population Per Household Employment (jobs) Jobs/Housing Balance City of Diamond Bar1 2000 56,543 17,661 3.20 16,128 0.91 2005 59,667 18,083 3.30 16,402 0.91 2010 60,812 18,725 3.25 19,217 1.03 2015 62,632 19,524 3.21 20,071 1.03 2020 64,427 20,338 3.17 20,874 1.03 2025 66,146 21,143 3.13 21,596 1.02 2030 67,798 21,945 3.09 22,248 1.01 2000-2030 Change 11,255 4,284 (0.11) 6,120 0.10 San Gabriel Valley Council of Governments2 2000 1,718,400 530,500 3.24 594,900 1.12 2030 2,713,200 897,700 3.02 1,178,900 1.31 2000-2030 Change 994,800 367,200 (0.20) 584,000 0.19 Notes: 1. Pablo Gutierrez, Associate Regional Planner, SCAG, September 2005 2. SCAG, Draft 2004 Regional Transportation Plan Program Environmental Impact Report, SCH No. 2003061075, December 2003, Table 3.2-13. Source: Southern California Association of Governments A listing of those related projects in the project vicinity that were included in the analysis of cumulative impacts are summarized in Table 3-3 (Related Projects Summary). A total of 33 projects were identified and are reasonably expected to be in place by the project’s build-out time frame of 2010. Some of those projects may, however be developed to a lesser density or scale than now indicated. 3.3 AMBIENT GROWTH For traffic planning purposes, ambient growth comes from a multitude of projects but is not directly assignable to any specific project. The ambient growth factor is intended to include unknown and future related projects located in the study area, as well as account for regular growth in traffic volumes due to development of projects located outside of the study area. For the project’s horizon or build-out year (2010), background traffic growth estimates have been calculated using an ambient growth factor which is then added to the existing (2005) traffic volumes. As determined in consultation with City staff, background traffic in the study area has been estimated to increase at a rate of approximately 2.0 percent per year in the near term (2005-2010) and 0.7 percent per year in the long term (2010-2020). Future increases in background traffic due to regional development are expected to continue at the same rate. For Year 2010, the existing (Year 2005) traffic volumes were increased by 10.0 percent to reflect areawide regional growth in traffic. For Year 2020, the existing (2005) traffic volumes were increased by 7.0 percent from Year 2010 to Year 2020. Draft Environmental Impact Report August 2006 Section 3.0: Related Projects and Cumulative Impacts Page 3-3 South Pointe West City of Diamond Bar, California Project Area NOT TO SCALEFigure 3-1 RELATED PROJECTS LOCATION MAP Source: Linscottt, Law & Greenspan Draft Environmental Impact Report August 2006 Section 3.0: Related Projects and Cumulative Impacts Page 3-4 South Pointe West City of Diamond Bar, California Table 3-3 RELATED PROJECTS SUMMARY No. Project Location Location/Address Land Use Description 1 International Christian Center 19503 E. Walnut Drive, Industry Conversion of existing building to 4,080 SF church/school 2 General Office Building 20003 Valley Boulevard 21,240 SF office building 3 Tentative Tract Map No. 44303 20118-20138 Colima Road, Rowland Heights 7-DU condominium/townhouse 4 Hing Wa Plaza Shopping Center Brea Canyon Cut-Off/Fairway Drive at Colima Road, Rowland Heights 14,320 SF retail center and 4,180 SF high-turnover restaurant 5 Agape Center Northeast corner of Balan Road/Esquiline Avenue at Brea Canyon Cut-Off, Rowland Heights 24,080 SF church with office, classroom, and residential hall 6 Tentative Tract Map No. 53612 19650 Balan Road, Rowland Heights 5-DU single-family development 7 Lemon Business Center Lemon Avenue at Paseo Del Prado, Walnut 146,560 SF warehouse 8 Tentative Tract Map No. 33256 West of Brea Canyon Cut-Off and south of Pathfinder Road, Rowland Heights 160-DU single-family development 9 Tentative Tract Map No. 34423 West of Brea Canyon Cut-Off and south of Pathfinder Road, Rowland Heights 163-DU single-family and 418- DU condominium development 10 CUP 03338 2625 Brea Canyon Cut-Off, Rowland Heights 5-DU single-family development 11 Tentative Tract Map No. 35767 North of Brea Canyon Cut-Off and west of SR-57 Freeway 100-DU single-family development 12 Tentative Tract Map No. 62952 19280 Colima Road, Rowland Heights 11-DU single-family development 13 Diamond Bar Village Grand Avenue at Golden Springs, Diamond Bar 50,000 SF church expansion, 21,400 SF retail, 300-DU condominium development, 151,000 SF shopping center 14 Extended Stay America Brea Canyon Road south of Lycoming Street, Diamond Bar 116-room business hotel, 7,000 SF quality restaurant, 4,300 SF fast-food with drive-thru, 4,000 SF retail, and 4,000 SF office 15 Kaiser Permanente Medical Office Building Bridge Gate Drive at Copley Drive, Diamond Bar 31,050 SF medical office 16 Gateway Corporate Center Lot 4 West of Gateway Drive, south of Golden Springs, Diamond Bar 25,000 SF office 17 Car Wash and Auto Center Grand Avenue, west side of SR-60 Freeway, Diamond Bar 3 oil and lube stalls, 1 carwash, and 6 auto-care stalls 18 Mixed-Use Commercial 1035½ Banning Way, Diamond Bar 35,157 SF retail, 10,000 SF high-turnover restaurant, 5,096 SF office 19 Diamond Bar Center Shotgun Lane at Grand Avenue, Diamond Bar 20,930 SF community center, 18,400 SF library 20 Industry East Building #6-10 South side of Garcia Avenue, east of Grand Avenue, Industry 74,400 SF industrial park, 173,600 SF warehouse Draft Environmental Impact Report August 2006 Section 3.0: Related Projects and Cumulative Impacts Page 3-5 South Pointe West City of Diamond Bar, California Table 3-3 (Continued) RELATED PROJECTS SUMMARY Project Number Project Location Location/Address Land Use Description 21 Industry East Building #11, 14 and Major 6 West side of Garcia Avenue, east of Grand Avenue, Industry 189,000 SF shopping center, 24,000 SF industrial park, 56,000 SF warehouse 22 Industry East Building #16 Southeast corner of Brea Canyon Road and Cheryl Lane, Industry 105,000 SF industrial park, 245,000 SF warehouse 23 Industry East Building #17 East side of Brea Canyon Road at Cheryl Lane, Industry 127,000 SF industrial park, 297,000 SF warehouse 24 Industry East Buildings #19-22 and 25 Baker Parkway, Industry 1,144,350 SF industrial park, 2,670,150 SF warehouse 25 Plantation III Buildings A-B 21301-21401 Ferrero Parkway, Industry 260,400 SF manufacturing 26 Snowcreek Village Grand Avenue, north of Valley Boulevard, Walnut 140,000 SF shopping center, 64 unit senior housing, and 150- bed congregate care 27 County Hills Towne Center Expansion Diamond Bar Boulevard, west of Sugerpine Place, Diamond Bar 51,306 SF expansion to existing retail center 28 WVUSD Site D Mixed-Use Diamond Bar Boulevard, east of Brea Canyon Road, Diamond Bar 120,000 SF retail center, 117- DU condominiums, and 58-DU single-family development 29 County Homes Estates Rocky Trail Road/Wagon Train Lane, Diamond Bar 49-DU single-family development 30 Industry East Building Pads 1-3 Major 1-5 and 11 East side of Grand Avenue, south of Valley Boulevard, Industry 9,000 SF fast-food restaurant with drive-thru, 60,000 SF specialty retail, 246,400 SF shopping center 31 Industry East Building Major 7-10 West side of Grand Avenue, south of Valley Boulevard, Industry 39,000 SF specialty retail, 40,000 SF shopping center 32 Industry Business Park East and west side of Grand Avenue, north of SR-60/Old Brea Canyon Road, Industry 1,626,000 SF office, 707,000 SF shopping center, 561,000 SF new car sales, 1,252,000 SF business park, 633,000 SF industrial 33 Aera Energy Planned Community Brea Canyon Road, north of Tonner Canyon Road, Los Angeles County 2,465-DU single-family, 357-DU senior housing, 778-DU multi- family development, 18-hole golf course, 300,000 SF shopping center, 28-acre sports park Notes: DU - dwelling units; SFR - single-family residences MRF - multi-family residences (condominiums) SF - square feet or square foot Source: Linscott Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 August 2006 Draft Environmental Impact Report Page 3-6 Section 3.0: Related Projects and Cumulative Impacts South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.0: Impact Analysis Page 4.0-1 4.0 IMPACT ANALYSIS Presented in the following sections of this EIR is a topic-specific analysis of the potential direct, indirect, and cumulative environmental impacts resulting from the construction of the proposed project and subsequent operation, habitation, and use of the project site. The topical issues addressed herein were identified by the Lead Agency and presented in the Initial Study and NOP, included in Appendix I-A (Initial Study and Notice of Preparation) herein. The range of topical issues examined was subsequently expanded based on comments received at the public scoping meeting conducted on December 15, 2005 and described in Appendix I-B (Scoping Meeting), the Lead Agency’s independent environmental evaluation of the proposed project and its potential environmental effects, and comments received from public agencies and other parties during the noticed comment period established by the NOP. This section briefly describes the format of the following topical analyses. Pursuant to Section 15063 of the State CEQA Guidelines, the City of Diamond Bar Community Development Department (Department) prepared and disseminated an Initial Study which included the Department’s preliminarily determined that the project, as then proposed, had the potential to produce significant or potentially significant environmental effects, either directly or indirectly, relative to certain aspects of the following topical issues, including: (1) aesthetics; (2) air quality; (3) biological resources; (4) cultural resources (paleontology); (5) geology and soil; (6) hydrology and water quality; (7) land use and planning; (8) noise; (9) public services (police services, fire protection, and schools); (10) transportation and traffic; and (11) utilities and service systems (wastewater). With regard to the analysis of each of those issues, except where otherwise noted, a consistent format has been presented under each of those topical headings presented in this EIR. Under each heading, separate sections are provided describing the existing environmental and regulatory setting, the recommended threshold of significance standards utilized by the Lead Agency to assess the potential significance of each identified project-related and cumulative environmental effect, the impacts that could or may potentially result from the project’s approval and subsequent construction, operation, habitation, and use, mitigation measures recommended by the City as conditions of project approval in order to eliminate or otherwise reduce the identified significant environmental effect, and the post-mitigated level of significance of those identified significant environmental effect. General Format for Topic-Specific Analysis Except where noted, the analyses of each of the impact categories examined herein has been divided into five sections, many of which may themselves include separate subsections focusing upon distinct aspects of the specific issue being presented or evaluated. Each of those sections is identified below, including a brief discussion of that section’s intent and the general nature of the information presented therein. ƒ Environmental Setting. Referencing Section 15125(a) of the State CEQA Guidelines, “[a]n EIR must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the notice of preparation is published, or if no notice of preparation is published, at the time environmental analysis is commenced, from both a local and regional perspective. This environmental setting will normally constitute the baseline physical conditions by which a lead agency determines whether an impact is significant. The description of the environmental setting shall be no longer South Pointe West City of Diamond Bar, California than is necessary to an understanding of the significant effects of the proposed project and its alternatives.” The purpose of providing a description of the existing environmental setting, including the regulatory setting germane to each topical issue, is to provide a meaningful context against which the Lead Agency and other stakeholders can examine the physical changes resulting from the project and assess the significance of the project’s effects, as measured from those physical baseline conditions that exist on and near the project site, generally at the time of publication of the NOP and prior to the project’s approval or conditional approval. ƒ Threshold of Significance Criteria. Based, in part, on the factors presented in Appendix G of the State CEQA Guidelines, for each topical issue addressed in this EIR, the Lead Agency has identified one or more quantitative, qualitative, or performance- based standard that serve as the basis for a threshold of significance determination. This document identifies the recommended threshold standards that have been identified for each topical issue based on a review of existing policy documents, the State CEQA Guidelines, and other relevant or potentially relevant documents. ƒ Impact Analysis. As required under Section 15126.2 of the State CEQA Guidelines, “[a]n EIR shall identify and focus on the significant environmental effects of the project. In assessing the impact of a proposed project on the environment, the lead agency should normally limit its examination to changes in the existing physical conditions in the affected area as they exist at the time the notice of preparation is published. . .Direct and indirect significant effects of the project on the environment shall be clearly identified and described, giving due consideration to both the short-term and long-term effects.” To assist in understanding the project’s potential impacts, the impact analysis is divided into the following three separate subsections: (1) construction impacts, addressing the potential environmental consequences associated with the project’s approval, permitting, design, and construction; (2) operational impacts, focusing on those conditions that will likely exist following the completion of construction and the occupancy, habitation, and use of the proposed land uses; and (3) cumulative impacts, examining the potential effects of the project when combination with other reasonably anticipated future projects within the general project area. For each identified impact, the Lead Agency presents its preliminary determination concerning whether that impact, prior to the consideration of any mitigation measures, will manifest at a significant, potentially significant, or less-than-significant level. ƒ Project Conditions and Mitigation Measures. As required under Section 21002 of CEQA, “[t]he Legislature finds and declares that it is the policy of the state that public agencies should not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significance environmental effects of such projects, and that the procedures required by this division are intended to assist public agencies in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which would avoid or substantially lessen such significant effects.” August 2006 Draft Environmental Impact Report Page 4.0-2 Section 4.0: Impact Analysis South Pointe West City of Diamond Bar, California As a result, the Lead Agency has a statutory obligation to seek to mitigate the significant environmental effects of its actions. Under this section, for each significant environmental effect identified in the EIR, the Lead Agency has sought to identify one or more mitigation measures designed to reduce, avoid, rectify, or compensate for those effects. If no feasible mitigation measures exist for the identified significant effect, the City explicitly notes the absence of any such measures. As indicated under Section 15126.4(a)(3) of the State CEQA Guidelines, “[m]itigation measures are not required for effects which are not found to be significant.” For those identified impacts that do not manifest at a level of significance, where an impact might be minimized through specified agency action, where applicable, the Lead Agency has identify other “project conditions” that could be implemented as conditions of project approval. These conditions do not constitute mitigation measures under CEQA but are nonetheless cited herein since their purpose and intent is to further reduce identified project-level environmental effects. ƒ Level of Significance after Mitigation. Each topical section concludes with a declaration of the Lead Agency’s preliminary determination whether the identified environmental effects associated with that topical issue and following the implementation of any recommended mitigation measures can be mitigated to below a level of significance, as measured against the stated threshold of significance criteria. As identified in this EIR, despite the concerted efforts of the Lead Agency and the Applicant to minimize the significant environmental effects of the proposed project, this document concludes that there will remain one or more environmental impacts that cannot be feasibly mitigated to a less-than-significant level. As required under Section 15002(h) of the State CEQA Guidelines, “CEQA requires more than merely preparing environmental documents. The EIR by itself does not control the way in which a project can be built or carried out. Rather when an EIR shows that a project could cause substantial adverse changes in the environment, the governmental agency must respond to the information by one or more of the following methods: (1) changing a proposed project; (2) imposing conditions on the approval of the project; (3) adopting plans or ordinances to control a broader class of projects to avoid the adverse changes; (4) choosing an alternative way of meeting the same need; (5) disapproving the project; (6) finding that changes in or alterations to the project are not feasible; or (7) finding that the unavoidable, significant environmental damage is acceptable when weighted against the merits of the project, as provided in Section 15093 of the State CEQA Guidelines. Alternatives Analysis In order to facilitate informed decisionmaking, presented in Section 6.0 (Alternatives Analysis) are a number of alternatives to the proposed project. Those alternatives have been formulated in response to the project’s significant environmental effects and, in addition to the “no project” alternative, present other development options available or potentially available to the Lead Agency and to the Applicant that, if implemented, could reduce or avoid one or more of the project’s adverse environmental consequences. Draft Environmental Impact Report August 2006 Section 4.0: Impact Analysis Page 4.0-3 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.0-4 Section 4.0: Impact Analysis South Pointe West City of Diamond Bar, California 4.1 LAND USE 4.1.1 Environmental Setting 4.1.1.1 Regulatory Setting As defined herein, “land use” relates to: (1) the existing physical use of the project site; (2) the site’s potential future use, as described in the proposed development application or an alternative thereto; and (3) the policies and regulations of the City governing and defining those uses. The focus of this analysis is on the physical use of the land, the physical changes to that use, and on the public policies of the City that control and regulate those uses. Population and housing are separately addressed in Section 4.2 (Population and Housing) herein. California Government Code A specific plan is a regulatory tool, authorized under the provisions of Sections 65450-65457 of the California Government Code (CGC), local governments can use to guide development in a localized area. A specific plan serves as a tool for the systematic implementation of the general plan. A specific plan may be as general as setting forth broad policy concepts or as detailed as providing direction to every facet of development from the type, location, and intensity of uses to the design and capacity of infrastructure systems. A specific plan document establishes a link between the implementing policies contained in agency’s general plan and the individual development proposal in a defined area. No specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the agency’s general plan. No public works project, no tentative map, and no zoning ordinance may be approved, adopted, or amended within the area covered by a specific plan unless consistent with the adopted specific plan. Pursuant to Section 65457 of the CGC, any residential development project, including any subdivision, or any zone change that is undertaken to implement and is consistent with a specific plan for which an EIR has been certified after January 1, 1980, is except from further CEQA requirements. If after adoption of the specific plan, an event as specified in Section 21166 of CEQA occurs, the exemption provided does not apply unless and until a supplemental EIR for the specific plan is certified. Section 66474.5 of the CGC restricts local agencies from approving a final subdivision map for any land project unless: (a) the local agency has adopted a specific plan covering the area included within the project; and (b) the agency finds that the land project, together with the provisions for design and improvements, is consistent with the specific plan. Additionally, Section 66473.5 requires that the local legislative body only approve a tentative map, or a parcel map for which a tentative map was not required, if it finds that the subdivision, together with the provisions for its design and improvement, is consistent with any specific plan which has been adopted covering the area of the proposal. Local agencies may, by ordinance, require the reservation of real property in a subdivision for parks and recreational facilities and other public uses. Section 66479 of the CGC requires that reservations be based upon an adopted specific plan or an adopted general plan containing policies and standards for those uses. The reservations must be consistent with these policies and standards. Inconsistency between a proposed subdivision and an adopted specific plan may serve as grounds for the subdivision’s denial (Section 66474). Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-1 South Pointe West City of Diamond Bar, California Subdivision Map Act The Subdivision Map Act (SMA), codified in Sections 66410-66499.37 of the CGC, provides the statutory framework under which local governmental entities regulate land use and development within their jurisdictions by controlling the design and improvement of the subdivision of real property. The purposes of the law include uniformity of mapping procedures (for conveyance and title insurance regularity), regulation and control of development (for consumer protection), and dedication of land within a subdivision, such as for streets, sewers, and parks. As stipulated therein: “No local agency shall approve a tentative map, or a parcel map for which a tentative map was not required, unless the legislative body finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1. A proposed subdivision shall be consistent with a general plan or a specific plan only if the local agency has officially adopted such a plan and the proposed subdivision or land use is compatible with the objectives, policies, general land uses, and programs specified in such a plan” (Section 66473.5). Pursuant to Section 66411 of the CGC: “Regulation and control of the design and improvement of subdivisions are vested in the legislative bodies of local agencies. Each local agency shall by ordinance regulate and control the initial design and improvement of common interest developments as defined in Section 1351 of the Civil Code and subdivisions for which this division requires a tentative and final or parcel map.” As indicated in Section 66451 therein: “The procedures set forth in this chapter shall govern the processing, approval, conditional approval or disapproval and filing of tentative, final and parcel maps and the modification thereof. Local ordinances may modify such procedures to the extent authorized by this chapter.” In accordance with the SMA, the City has adopted a subdivision ordinance regulating the design and improvement of land divisions within the City, as codified in Title 21 (Subdivisions) of the Municipal Code. Referencing Section 21.20.130(5) therein, the approval of a vesting tentative map shall confer a vested right to proceed with development of the subdivided lots in substantial compliance with the ordinances, policies and standards Section 66498.1 of the SMA. Subsequent land use permits, building permits, extensions of time, or other entitlements filed on parcels created by the subdivision may be conditioned or denied only if the review authority determines that: (1) a failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or (2) the condition or denial is required in order to comply with State or federal law. City of Diamond Bar General Plan The City’s General Plan contains numerous policies addressing, either directly or indirectly, the broad topic of land use and which may be applicable to the assessment of the proposed project. Those policies include, but are not necessarily limited to, the following: • Areas designated as Planning Areas (PA) are designed to conserve open space resources and are to be applied to properties where creative approaches are needed to integrate future development with natural resources. All proposed development within these designated areas shall require the formation of a Specific Plan pursuant to the provisions of Government Code Section 65450. Land uses which may be appropriate August 2006 Draft Environmental Impact Report Page 4.1-2 Section 4.1: Land Use South Pointe West City of Diamond Bar, California within the planning area shall be subject to public hearings and approval of the City Council. Each specific plan must incorporate innovative and superior design addressing the uniqueness of each area and create a more desirable living environment than could be achieved through conventional development (Strategy 1.1.8, Land Use Element). • Encourage the innovative use of land resources and development of a variety of housing and other development types, provide a means to coordinate the public and private provisions of services and facilities, and address the unique needs of certain lands by recognizing Specific Plan (SP) overlay designations: (a) for large scale development areas in which residential, commercial, recreational, public facilities, and other land uses may be permitted; and (b) large acreage property(ies) in excess of ten acres that are proposed to be annexed into the City (Strategy 1.1.9, Land Use Element). • Maintain the integrity of residential neighborhoods by discouraging through traffic and preventing the creation of new major roadway connections through existing residential neighborhoods (Strategy 1.2.2, Land Use Element). • Maintain residential areas which protect natural resources, hillsides, and scenic areas. (a) Development in hillside areas should be designed to be compatible with surrounding natural areas, compatible to the extent practical with surrounding development, aesthetically pleasing, and provide views from development, but not at the expense of views of the development. (b) Earthwork in hillside areas should utilize contour or landform grading. (c) Minimize grading to retain natural vegetation and topography (Strategy 1.2.3, Land Use Element). • Maintain residential areas which provide for ownership of single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood (Strategy 1.2.4, Land Use Element). • Broaden the range of, and encourage innovation in, housing types. Require developments within all Residential areas to provide amenities such as common usable, active open space and recreational areas, when possible (Strategy 1.2.6, Land Use Element). • Promote joint development and use of parks and open space facilities with adjacent jurisdictions; promote development of joint school/park sites and public amenities (Strategy 1.4.2, Land Use Element). • Land designated as Open Space by deed (dedication, condition, covenant and/or restriction) by open space easement or by map restriction (explicit or previous subdivision) must comply with an established review and decision making process prior to the recision, termination, abandonment and/or removal of an open space dedication easement and/or restriction. Any decision to rescind, terminate, abandon, remove or modify a deed must be supported by findings that the decision is of significant benefit to the City (Strategy 1.5.3, Land use Element). • To preserve significant environmental resources within proposed developments, allow clustering or transferring of all or part of the development potential of the entire site to a portion of the site, thus preserving the resources as open space, and mandating the dedication of those resources to the City or a conservancy (Strategy 1.5.6, Land Use Element). • A master plan shall be developed for each area of the City designated as a Planning Area (PA) (Strategy 1.6.1, Land Use Element). • Require that Planning Area projects provide a greater level of community amenities and cohesiveness, achieve superior land use, and create a more desirable living environment than could be achieved through conventional subdivision design and requirements (Strategy 1.6.2, Land Use Element). • Encourage clustering within the most developable portions of project sites to preserve open space and/or other natural resources. Such development should be located to Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-3 South Pointe West City of Diamond Bar, California coordinate with long-term plans for active parks, passive (open space) parks, and preserve natural open space areas (Strategy 1.6.4, Land Use Element). • Where feasible within new developments, encourage a mixture of complementary development types (e.g., commercial, residential, recreational, sales tax and employment- generating uses) which can be provided in an integrated manner (Strategy 1.6.5, Land Use Element). • Require that new development be compatible with surrounding land uses (Strategy 2.2.1, Land Use Element). • Prohibit the development of adjacent land uses with significantly different intensities or that have operational characteristics which could create nuisances along a common boundary, unless an effective buffer can be created (Strategy 2.2.2, Land Use Element). • New development shall comply with the City’s Hillside Management Ordinance (Strategy 3.2.10, Land Use Element). • Within the urban residential portions of the City, require the incorporation of open space and recreational areas into the design of new projects. Within topographically rugged and rural areas, emphasize the preservation of natural landforms and vegetation (Strategy 3.2.1, Land Use Element). • Balance the retention of the natural environment with its conversion to urban form (Strategy 3.3.1, Land Use Element). • Provide opportunities for development of suitable housing to meet the diverse needs of existing and future residents (Goal 2, Housing Element). • Require that dwelling units and structures within hillside areas be sited in such a manner as to utilize ridgelines and landscape plant materials as a backdrop for the structures and the structures themselves to provide maximum concealment of cut slopes (Strategy 1.1.2, Resource Management Element). As indicated on the City’s “Land Use Map,” included in the General Plan (Land Use Element), the majority of the project site is designated “Planning Area 4/Specifc Plan (PA-4/SP),” while a small area in the northwestern corner of the site is designated “Low Density Residential (RL)” and a small area along the northern boundary designated “School (S).” In describing the “PA- 4/SP” designation, the General Plan notes that “PA-4 consists of 82 vacant acres and is located west of Brea Canyon Road, north of Peaceful Hills Road and south of South Pointe Middle School. Land use designations appropriate for this planning area include Park (PK), Public Facilities (PF) and Open Space (OS). The most sensitive portion of the site shall be retained in permanent open space. The site plan shall incorporate the planning and site preparation to accommodate the development of Larkstone Park of a suitable size and location to serve the neighborhood as approved by the City.”1 With regards to the “RL” designation, the General Plan notes that the “maximum density of such Low Density Residential parcels will be 3.0 dwelling units per gross acre (3.0 du/ac), or existing density, whichever is greater.”2 No further elaboration of the “S” designation is presented in the City’s General Plan. The General Plan does, however, note that no floor-area-ratio (FAR) or potential square footage has been identified for that “quasi-public” land use category.3 Although those areas designed as “RL” and “S” do not presently possess a specific plan overlay, the General Plan contains broad provisions authorizing the City to establish such designations for any large-scale development area involving multiple land uses. 1/ City of Diamond Bar, City of Diamond Bar General Plan, Land Use Element, July 25, 1995, p. I-17. 2/ Ibid., p. I-10. August 2006 Draft Environmental Impact Report 3/ Ibid., Table I-3, p. I-25. Page 4.1-4 Section 4.1: Land Use South Pointe West City of Diamond Bar, California Section 21.30.120 (Residential Density) of the Municipal Code stipulates that the “maximum number of dwelling units permitted within a proposed subdivision shall not exceed the density established by the general plan for the site or the maximum number of dwelling units permitted by the applicable zoning district, and may be further restricted by considerations of safety, traffic access or circulation, the slope of the natural terrain, the physical suitability of the site, the nature or extent of existing development, the availability of public facilities, utilities, or open spaces or any other provision of this title.” City of Diamond Bar Municipal Code As indicated in Section 22.60.20(2) of the “City of Diamond Bar Municipal Code” (Municipal Code): “Areas designated planning areas (PA) require the preparation of a specific plan in compliance with chapter 22.12 (Special Purpose Zoning Districts).” Pursuant to Section 22.12.030 of the Municipal Code: “Allowable land uses and permit requirements for the SP zoning district shall be determined by the council through the approval of a specific plan, in compliance with chapter 22.60 (Specific Plans).” The adoption of a proposed specific plan is entirely at the discretion of the Council. The Council shall adopt a specific plan only if it finds that the proposed plan is consistent with the General Plan and other adopted goals and policies of the City, and that the proposed specific plan is in compliance with the provisions of CEQA (Section 22.60.060). After the adoption of a specific plan, only a public works project, a tentative map or parcel map, for which a tentative map was not required, and an amendment to this development code may be approved within an area covered by a specific plan if it is first found consistent with the specific plan (Section 22.60.070). In accordance with Section 22.06.020 (Zoning Districts Established) of the Municipal Code, the City is divided in zoning districts which serve to implement the General Plan. Those zoning districts are shown on the official zoning map (Section 22.06.030). As indicated in the City’s official zoning map, the project site is primarily zoned “RPD 10,000 6U” with a small area located along the project’s northern border zoned “R-1 15,000.” The “RPD” district constitutes a residential overlay zone the development standards of which are outlined in Section 22.14.030. (Planned Development Overlay District). As specified therein: (a) Purpose. Consistent with the general plan vision statement, the PD overlay zoning district provides for maximum flexibility in the site planning and design of residential, commercial, industrial/manufacturing and mixed use projects to encourage superior land use by means such as open space and public amenities. 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. (b) Applicability. The PD overlay zoning district may be combined with any residential, commercial/industrial, or special purpose zoning district established by Section 22.06.020 (Zoning districts established). (c) Allowed land uses. Any land use normally allowed in the primary zoning district may be allowed within the PD overlay zoning district, except when the ordinance rezoning a site to the PD overlay includes specific limitations on allowable land uses. (d) Permit requirements. Conditional use permit approval (Chapter 22.58) shall be required for all development proposed on a site subject to the PD overlay district. Changes of use in existing structures shall be subject to the land use permit Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-5 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.1-6 Section 4.1: Land Use requirements established by the primary zoning district. (e) Development standards. Approval of a conditional use permit within the PD overlay zoning district may include specific modifications to any of the city's development standards normally required by this article or article III (Site Planning and General Development Standards) including: minimum lot area, setbacks, site coverage, floor area ratio, height limits, landscaping, or off-street parking. Proposed development and new land uses within the PD overlay shall comply with all other applicable provisions of this development code. The accompanying “6U” designation indicates an allowable density of 6.0 dwelling units per gross acre. The Municipal Code, however, stipulates that the minimum area for condominium, townhome, or planned development projects may be subdivided with smaller parcel sizes for ownership purposes, with the minimum lot area requirement determined through the subdivision review process, provided that the overall development site complies with the lot area requirements (Section 22.08.040). As indicated in the Municipal Code, the “R-1 15,000” designation is subject to the “Low-Density Residential (RL)” standards. The Municipal Code notes that the “maximum allowed density for new residential subdivisions within this zoning district will be three dwellings per gross acre” (22.08.020[2]). Parks and playgrounds are identified as a permitted land use. Based on exiting topographic relief, the project is also subject to the provisions of Chapter 22.22 (Hillside Management) of the Municipal Code, applicable to all uses and structures within areas having a slope of ten percent or greater (Section 22.22.020). It is the intent of this Chapter 22.22 (Hillside Management) of the Municipal Code to establish regulations and guidelines to ensure that development will complement the character and topography of hillside areas. Specifically, the City desires the application of good hillside planning techniques and the use of landform grading and revegetation in the implementation of hillside projects. Section 22.22.060 (Landform Grading and Revegetation Standards) provides an outline of the development standards of hillside management areas. Section 22.22.020(c) states that hillside developments are subject to the approval of a conditional use permit (CUP) in compliance with Chapter 22.58 (Conditional Use Permits) in Title 22 (Development Code) of the Municipal Code. “Hillside” is defined as a parcel of land which contains grades in excess of ten percent (Section 22.80.020). As stipulated in Section 22.22.040 (Density), the maximum number of units that may be allowed on a given parcel subject to the hillside management ordinance is calculated in compliance with specified requirements.4 Projects located in hillside management area are subject to the approval of a conditional use permit (CUP). In support of that CUP, as stipulated in Section 22.22.030 (Required Plans and Reports), development applications for projects proposed in qualifying hillside management areas shall include: (1) natural features map; (2) grading plan; (3) drainage map; (4) slope profiles; (5) geologic and soils report; (6) illustrated building elevations; and (7) such other material as may be determined necessary to aid in the analysis of the proposed project to illustrate existing or proposed conditions. 4/ As determined through the development review process, an additional number of units may be eliminated due to environmental constraints. Identified environmental constraints include, but may not be limited to: (1) land areas subject to inundation during a 100-year storm; (2) land areas that are above the hillside view line; (3) land areas that lie within a federally recognized blue-line stream or that contain significant riparian streambed habitats or other established plant formations that constitute a significant natural feature or ecosystem or that contain rare or endangered species; (4) significant ecological areas (SEA); (5) land areas that are within 100 feet of a prominent ridgeline or hiking trail; and (6) land areas containing significant archaeological sites. South Pointe West City of Diamond Bar, California As indicated in Table 4.1-1 (Allowable Hillside Management Densities) and Figure 4.1-1 (Slope Density Analysis), in accordance with the City’s hillside management ordinance, a maximum of 93.1 dwelling units can be constructed within the tract map area. Table 4.1-1 ALLOWABLE HILLSIDE MANAGEMENT DENSITIES Vesting Tentative Tract Map No. 063623 Average Slope Range (%) Density Reduction Factor Open Space (%) Acreage Allowable Number of Units 0-25 None None 16.9 73.6 26-30 0.9 10 1.9 7.5 31-35 0.8 20 1.9 6.6 36-40 0.6 30 2.1 5.5 Greater than 40 Development may be extremely limited 40 8.6 0.0 31.4 93.1 Notes: 1. Section 22.22.040 (Density), Municipal Code. Source: Hunsaker & Associates As stipulated in Section 22.58.040 (Findings and Decision) of the Municipal Code, a CUP may be approved, with or without conditions, only if all of the following findings can be made: (1) the proposed use is allowed within the subject zoning district with the approval of a CUP and complies with all other applicable provisions of this development code and the Municipal Code; (2) the proposed use is consistent with the General Plan and any applicable specific plan; (3) the design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; (4) the subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; (5) granting the CUP 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; and (6) the proposed project has been reviewed in compliance with the provisions of CEQA. 4.1.1.2 Regional Setting The Southern California Association of Governments (SCAG) is the largest regional planning organization in the United States, functioning as the “metropolitan planning organization” (MPO) for six counties: Los Angeles, Imperial, Orange, San Bernardino, Riverside, and Ventura. A MPO is a transportation policy-making organization made up of representatives from local government and transportation authorities. The federal Surface Transportation Assistance Act of 1973 required the formation of an MPO for any urbanized area with a population greater than 50,000 persons. The federal Intermodal Surface Transportation Efficiency Act (ISTEA) directed those organizations to develop transportation plans and programs for the urbanized areas of the State. MPOs were created in order to ensure that existing and future expenditures for transportation projects and programs were based on a “continuing, cooperative and comprehensive” planning process. Federal funding for transportation projects and programs are channeled through this planning process. Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-7 South Pointe West City of Diamond Bar, California The southern California metropolitan area, which includes 129 municipalities, is the world’s sixth largest economy and is evolving in the largest metropolitan area in the United States. The southern California region includes a population exceeding 16 million persons in an area of more than 38,000 square miles. To address the regional challenges of growth, mobility, housing, and environmental quality, the Southern California Association of Governments (SCAG) is responsible for developing specific regional plans, coordinating planning activities among regional stakeholders, providing a forum for public debate of regional issues, developing consensus on key regional issues, and serving as a source of regional information. SCAG’s 1996 “Regional Comprehensive Plan and Guide” (1996 RCPG) serves “as a framework for decision making with respect to the growth and changes that can be anticipated during the next 20 years and beyond.”5 The 1996 RCPG “represents an important step forward in defining a regional identity. It has an identity which has growth acceptance”6 as its foundation. SCAG is currently in the process of updating the 1996 RCPG. As indicated in the current draft 2005/2006 “Regional Comprehensive Plan” (Preliminary Draft Action Plan for Land Use and Housing Chapter): “Local governments are encouraged to develop specific plans for areas identified, by themselves or by the region, as key growth opportunities. The specific plan can be used to create additional definition regarding the types and intensities of use under the parameters set forth in the general plan.”7 As defined in the 1996 RCPG, growth management “does not mean curtailing growth through population, economic, or land use policies. Instead, Growth Management means encouraging local land use actions which could ultimately lead to the development of an urban form that will help minimize development costs, save natural resources, and enhance quality of life in the region.”8 The 1996 RCPG, which addresses the future of the Los Angeles metropolitan area through 2015, acknowledges that region-wide growth is inevitable. By 2010, the region’s population will increase to 20.5 million and, by 2015, 22 million people will reside in southern California area. To accommodate that growth, “[a]bout two million more [housing] units than exist today will be needed during the next 20 years.”9 The design capacities of the County Sanitation Districts of Los Angeles County’s (CSDLAC) wastewater treatment plants are based on population forecasts contained in the 1996 RCPG. The 1996 RCPG is part of the “Air Quality Management Plan” (AQMP). In order to conform to the AQMP, all expansions of CSDLAC facilities must be sized and service must be phased in a manner consistent with the growth management chapter of the 1996 RCPG. The 1996 RCPG contains a regional forecast for the Counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial. The available capacity of wastewater treatment and reclamation facilities is assumed to be limited to those levels associated with approved growth, as identified in the 1996 RCPG. SCAG operates through 14 subregional organizations, many of them organized as councils of government (COGs). The San Gabriel Valley Council of Governments (SGVCOG), the subregional COG, is comprised of 31 incorporated communities comprising the approximately 470-square mile area of the San Gabriel Valley. 5/ Southern California Association of Governments, Regional Comprehensive Plan and Guide, March 1996, p. 2. 6/ Ibid., p. 1. 7/ Southern California Association of Governments, Draft Regional Comprehensive Plan, Preliminary Draft Action Plan for Land Use and Housing Chapter, Community, Economic and Human Development Committee, October 2005, p. 5. 8/ Op. Cit., Regional Comprehensive Plan and Guide, p. 3-1. August 2006 Draft Environmental Impact Report 9/ Ibid., p. 6-7. Page 4.1-8 Section 4.1: Land Use South Pointe West City of Diamond Bar, California The SGVCOG describes the San Gabriel Valley as “the world’s best example of a polycentric metropolis demonstrating multiple centers. The current structure of the region is a result of the progressive integration of a number of separate centers to one urban configuration. The single most important factor supporting the development of the [s]outhern California region as a polycentric model is the automobile, which was the only transport means in the region during most of the second half of the 20th century.”10 In 2000, the San Gabriel Valley’s population reached nearly 1,780,000 residents, representing approximately 18 percent of the population of the County. By 2030, the valley is projected to grow to approximately 2,300,000 residents, while adding about 220,000 new jobs.11 The SGVCOG has concluded that the San Gabriel “Valley’s biggest challenge is the extraordinary growth that it has experienced, and will continue to experience in the coming years. Valley [l]eaders must find ways to accommodate the projected growth in population, jobs and housing. This will become increasingly more difficult as the Valley reaches build-out conditions, and has a diminished supply of vacant land to accommodate growth.”12 4.1.1.3 Local Setting The project site consists of steep-sloping hills and ridges along the southern and eastern boundaries, terraced slopes and V-ditches within the central sections, and relatively flat disturbed areas along the western and northern boundaries. Elevations range from approximately 658 feet above mean sea level (AMSL) in the north to approximately 856 feet AMSL in the south. With the exception of drainage and storm drain facilities, the project site is presently vacant and no development-oriented land uses are presently permitted or presently operate thereupon. As illustrated in Figure 4.1-2 (Aerial Photographs), existing land uses located to the north of the project site include South Pointe Middle School (20671 Larkstone Drive, Diamond Bar) and existing single-family detached homes (Tract No. 32081), located both north and south of Larkstone Drive in the City. Abutting homes are located along Black Hawk and Gold Canyon Drive. East of South Pointe Middle School, west of Brea Canyon Road, is a gated residential neighborhood (Diamond Crest Estates). Although a paved roadway exists, through access from Larkstone Drive eastward past South Pointe Middle School to Brea Canyon Road is prevented except for use by emergency vehicles. West of the project site is an existing residential neighborhood (Tract No. 27141), located in an unincorporated area of the County. Along a portion of the project boundary, existing single- family homes are separated from the project site by Morning Sun Avenue. Although partially damaged in the 1995 landslide affecting the western portion of the property, Morning Sun Avenue is a dedicated public right-of-way, located in unincorporated Los Angeles County, and provides access to the existing residential neighborhood located to the west of the site. South of Morning Sun Avenue, abutting homes are located along Summertown Street and Canyon Drive. West of Morning Sun Avenue is the Los Angeles Royal Vista Golf Course. To the south and southeast of the project site is an existing 21.8-acre undeveloped property located in the City (Tract 35741, Lot 34). To the south of the tract map area is a designated 10/ San Gabriel Valley Council of Governments (IBI Group), SCVCOG Growth Visioning Project Summary Evaluation Report on Alternative Growth Scenarios, June 30, 2003, p. 5. 11/ San Gabriel Valley Council of Governments (IBI Group), San Gabriel Valley Regional Demographic Profile, Indicator Report, June 30, 2003, p. 3. Draft Environmental Impact Report August 2006 12/ San Gabriel Valley Council of Governments, Our Vision – Our Future, 2004, p. 30. Section 4.1: Land Use Page 4.1-9 South Pointe West City of Diamond Bar, California open space area presently maintained by an existing homeowners’ association. Further to the south is an existing single-family residential neighborhood known as Pleasant Hills (Tract No. 32576). Homes are located along Peaceful Hills Road and those homes either abut or the rear- yards are orientated toward the project site. To the northeast of the tract map area is an additional 53.4-acre vacant property owned by the WVUSD, a portion of which will be used as a stockpile site for the proposed project and a portion of which will, in combination with lands located within the tract map boundaries, shall be developed as a new neighborhood park site. In 2002, the WVUSD expressed its desire to develop an educational facility on a 7.5-acre portion of that property (Academy Site). Although the WVUSD has indicated its future intent to develop additional school facilities south of the existing middle school and east of the tract map area, no formal plans have been developed by the school district and any assumptions as to the ultimate use of that property would, in the judgment of the Lead Agency, be speculative and beyond the scope of this CEQA analysis. As illustrated in Figure 4.1-2 (Aerial Photograph) and in Figure 4.5.1 (Existing Plant Communities), a substantial portion of the project site has been physically altered and no longer reflects those undisturbed conditions described and illustrated in the SPMP FEIR. Those changes are most evident in the western portion of the project site where extensive grading has been conducted in order to stabilize the property and remediate the effects of the 1995 landslide. As part of the development application, the Applicant provided the City with a copy of a preliminary title report. As indicated therein, “[t]he following matters shown or disclosed by the filed or recorded map referred to in the legal description: We hereby dedicate for public use for park purposes Lot 49 designated as ‘Future Park’ on this map reserving to ourselves all ordinary uses of said land except the erection or construction of any structure not ordinary placed in parks until such time as said park is accepted by the governing body” and “[w]e hereby dedicate to the County of Los Angeles the right to prohibit the construction of residential buildings within Lot 49.”13 Lot 49 of Tract No. 32578 constitutes the WVUSD’s South Pointe West property. The project site is neither located within nor is the project subject to the provisions of the County’s “Rowland Heights Community Plan,” as adopted by the County Board of Supervisors on September 1, 1981. In addition, the project is not subject to compliance with the provisions of the Rowland Heights Community Standards District, as contained in Section 22.44.132 (Rowland Heights Community Standards District) of the County Code. 4.1.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented below is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant land use impact if the project or if project-related activities were to: ♦ Physically divide an established community. ♦ Conflict with applicable land use plans, policies, or regulations of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal plan, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect.14 13/ First American Title Insurance Company, Preliminary Report, July 14, 2005, p. 3. August 2006 Draft Environmental Impact Report 14/ State of California, State CEQA Guidelines, Appendix G, Section IX (Land Use and Planning). Page 4.1-10 Section 4.1: Land Use South Pointe West City of Diamond Bar, California Figure 4.1-1 SLOPE DENSITY ANALYSIS Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-11 South Pointe West City of Diamond Bar, California NOT TO SCALE South Pointe Middle School Los Angeles Royal Vista Golf Course Stockpile Area Tract Map Area Figure 4.1-2 AERIAL PHOTOGRAPH Source: PCR Services Corporation Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-12 South Pointe West City of Diamond Bar, California ♦ Induce substantial 15 population growth in an area, either directly or indirectly. ♦ Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere and/or displace substantial numbers of people, necessitating the construction of replacement housing elsewhere.16 Although growth projections are presented in the 1996 RCPG, SCAG acknowledges that “[t]he distribution of population, housing, and employment to subregions and cities constitute a forecast that pubic entities are currently anticipating, and do not imply a regional growth distribution policy intervention. The forecasts are a trend base case forecast used for analytical and modeling purposes, and form the basis of the development of SCAG’s functional plans.”17 While these projections do not establish a “policy intervention,” they serve an important role in the formulation of regional plans and policies. As a result, the project would normally be deemed to produce a significant land use impact if the project or if project activities were to: ♦ Exceed SCAG’s population, housing, and employment projections for the project area and for the time period projected for the project’s build-out. The Lead Agency has not identified other applicable or potentially applicable standards that can appropriately be extracted from other related policy or other environmental documents and used as the basis for assessing the potential significance of project-related and cumulative impacts. 4.1.3 IMPACT ANALYSIS Land use relates both to the physical use of a particular property and the public policies that govern that use. While construction-term impacts are confined to the construction period, the environmental effects that result from construction are often difficult to separate from the long- term impacts that those activities presage. From a land-use perspective, the distinction between construction and operation, as used throughout this EIR, may not be directly relevant. In lieu of an assessment of construction and operational impacts, the Lead Agency has, therefore, conducted a compatibility and consistency analysis. Relative to the physical environment, the compatibility analysis examines the compatibility between the proposed uses and those existing and reasonably foreseeable future uses that may exist in proximity to those uses. The consistency analysis evaluates the proposed project in the context of those adopted plans and policies that relate, either directly or indirectly, to the proposed project. In addition, a separate analysis is presented addressing the potential impacts associated with the proposed land use entitlements, including both the removal of existing development restrictions that now encumbers the project site and the creation, through the proposed subdivision, or a number of residual parcels. Compatibility Analysis Land Use Impact 1-1. New residential and recreational land uses could introduce land use compatibility issues between the proposed uses and those existing and reasonably foreseeable future land uses that now and which may exist in close proximity to those uses. Level of Significance before Mitigation: Less than Significant 15/ Certain terms, such as “substantial,” are neither defined in CEQA nor in the State CEQA Guidelines and require a local determination whether a proposed action would meet or exceed the stated standard. 16/ Op. Cit., State CEQA Guidelines, Section XII (Population and Housing). Draft Environmental Impact Report August 2006 17/ Ibid., p. 3-5. Section 4.1: Land Use Page 4.1-13 South Pointe West City of Diamond Bar, California The proposed project will result in temporary construction impacts. In most cases, when construction occurs adjacent to an established sensitive use, the occupants of the existing use are temporarily inconvenienced by the noise, dust, exhausts, and occasional access restrictions and utility disruptions that routinely accompany development activities. Beyond temporary inconvenience, annoyance, and disruption, few uses are significantly or permanently impacted by short-term construction activities. Existing and other reasonably foreseeable uses that may exist in the general project area that could be significantly impacted by proximal construction appear limited to those associated with South Pointe Middle School where dust, toxic air contaminants (TACs), noise, and construction traffic could disrupt classroom exercises, affect the conduct of outdoor recreation, increase health hazards, introduce additional safety concerns, and create a proximal attractive nuisance. Each of those short-term impacts is addressed under their corresponding sections of this EIR. The physical change to the project area associated with the introduction of new land uses, in and of itself, would not inherently generate significant land use compatibility impacts. Land use compatibility conflicts would typically only manifest if the characteristics, performance expectation, and operational requirements of one use were to differ substantially from the characteristics, performance expectations, and operational requirements of another nearby use. As proposed, excluding the proposed stockpile area and the on-site street system, the project would include three distinct land uses: residential, recreational, and open space. Residential development is proposed adjacent and in close proximity to other existing residential areas located to the north and west of the project site. Although the project is comprised of single- family, detached condominium units and the adjoining residential areas are comprised of single- family, detached homes, both uses exhibit a generally similar appearance and possess similar operational characteristics and use expectations. While the building envelop and private yard areas of the proposed condominium development are smaller than that which now exists in existing neighborhood areas, overall project densities (99 units on approximately 31.43 acres, equating to a density of about 3.15 dwelling units per acre) are compatible with those found in adjoining residential areas. The proposed neighborhood park area would be located in reasonable proximity to South Pointe Middle School, could be utilized for school-related uses, and would add both separation distance and a physical buffer between the existing school site and the proposed detached condominium units. Based on opportunities for potential joint use, public parks and school sites are typically considered to be compatible and complementary adjoining land uses. In addition, recreational amenities often enhance residential areas by providing residents with opportunities for both active and passive recreational pursuits. Park areas can, however, present a nuisance to abutting residences because noise created by park use extends beyond park boundaries. Vehicles transporting users to and from park activities can increase traffic volumes and street noise levels along residential roadways. In addition, on-street parking and any unauthorized park use can create a nuisance and public safety issue affecting nearby residents. Open space areas to be retained within the tract map area are generally located in the south and southeast portion of the project area. Those areas abut other existing open space area and residential uses. Open space constitutes a compatible use with other open space area and the linkages that are created serve to facilitate habitat and wildlife movement. Open space is typically highly desired by abutting homeowners for the privacy and visual amenities those areas often provide. As such, the proposed residential, recreational, and open spaces uses are considered compatible with existing and proposed development within the general project area. August 2006 Draft Environmental Impact Report Page 4.1-14 Section 4.1: Land Use South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-15 Although not expressly identified as a project-related land use, the project includes the use of lands located to the east of the tract map area for the stockpiling of surplus soil materials. The stockpile site was previously used for stockpiling purposes, is partially denuded of natural vegetation, and is currently fenced to prevent unauthorized access. Use of a portion of this approximately 7.45 gross acre area for the storage of surplus soil material would likely change that site’s physiographic and vegetative cover. Because the proposed stockpile site was use as a depository for surplus soil materials associated with the construction of the South Pointe Middle School, the proposed deposition of additional soils material thereupon would not substantively alter the historic use of that property. The proposed stockpile site is owned and maintained by the WVUSD. Since there are currently no planned or pending uses for that property, other than as a stockpile site for the proposed residential subdivision, the area is anticipated to remain open space for the foreseeable future. Construction-term impacts, fugitive dust, and other related issues associated with the proposed stockpiling of earthen materials are separately addressed in subsequent sections of this EIR. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Consistency Analysis Land Use Impact 1-2. The proposed mixed-use project, including the land uses, densities, and development standards now under consideration, could conflict with the adopted plans and policies of the City. Level of Significance before Mitigation: Less than Significant The General Plan includes a broad array of land use and other policies that relate, either directly or indirectly, to the proposed project. Because “the general plan and elements and parts thereof comprise an integrated, internally consistent and compatible statement of policies,”18 the focus on the following analysis is on the assessment of the project’s consistency with relevant land use policies identified in the General Plan.19 As required under Section 65454 of the CGC, no specific plan may be adopted or amended unless the proposed plan or amendment is consistent with the general plan.20 Presented in Table 4.1-2 (Project Consistency with General Plan Policies) is the Lead Agency’s consistency analysis with those General Plan policies deemed to be most applicable to the proposed project. Since the role of the City Council is to interpret and to apply the policies of the General Plan, the information presented is preliminary in nature and subject to potential refinement or modification by the project’s decisionmakers. As indicated therein, it is the Lead Agency’s preliminary finding that the proposed project generally appears consistent with the cited policies of the Genera Plan. 18/ Section 65300.5, California Government Code. 19/ The City’s Planning Commission (Commission) and the City Council (Council) make all requisite findings regarding consistency based on information contained in the whole of the project’s administrative record. As such, the preliminary findings presented herein may or may not reflect the position and final actions of the Commission and/or the Council and may be subsequently modified based on additional information and analysis prepared by the Lead Agency or presented as part of the planning and environmental review processes. 20/ Section 65455 of the CGC further stipulates that no local public works project may be approved, no tentative map or parcel map for which a tentative map was not required may be approved, and no zoning ordinance may be adopted or amended within an area covered by a specific plan unless it is consistent with the adopted specific plan. South Pointe West City of Diamond Bar, California Table 4.1-2 PROJECT CONSISTENCY WITH GENERAL PLAN POLICIES No. General Plan Policies Assessment of Project Consistency/Inconsistency Strategy 1.1.8 Land Use Element Areas designated as Planning Areas (PA) are designed to conserve open space resources and are to be applied to properties where creative approaches are needed to integrate future development with natural resources. All proposed development within these designated areas shall require the formation of a Specific Plan pursuant to the provisions of Government Code Section 65450. Land uses which may be appropriate within the planning area shall be subject to public hearings and approval of the City Council. Each specific plan must incorporate innovative and superior design addressing the uniqueness of each area and create a more desirable living environment than could be achieved through conventional development. Consistent. The Applicant has prepared and the City is currently considering adoption of the “South Pointe West Specific Plan.” The Commission and Council will independently determine whether the specific plan incorporates innovative and superior design addressing the uniqueness of the project site and creates a more desirable living environment than could otherwise be provided under conventional development. Strategy 1.1.9 Land Use Element Encourage the innovative use of land resources and development of a variety of housing and other development types, provide a means to coordinate the public and private provisions of services and facilities, and address the unique needs of certain lands by recognizing Specific Plan (SP) overlay designations: (a) for large scale development areas in which residential, commercial, recreational, public facilities, and other land uses may be permitted; and (b) large acreage property(ies) in excess of ten acres that are proposed to be annexed into the City. Consistent. The proposed development of a single-family, detached condominium represents a unique product type and expands the range of housing options available to City residents. The Applicant’s turn-key development and conveyance of a park site provides for the public-private coordination of public services and facilities. Strategy 1.2.2 Land Use Element Maintain the integrity of residential neighborhoods by discouraging through traffic and preventing the creation of new major roadway connections through existing residential neighborhoods. Consistent. As a gated community, opportunities for cut-through traffic will be restricted. Strategy 1.2.3 Land Use Element Maintain residential areas which protect natural resources, hillsides, and scenic areas. (a) Development in hillside areas should be designed to be compatible with surrounding natural areas, compatible to the extent practical with surrounding development, aesthetically pleasing, and provide views from development, but not at the expense of views of the development. (b) Earthwork in hillside areas should utilize contour or landform grading. (c) Minimize grading to retain natural vegetation and topography. Consistent. A substantial portion of the project site will be retained as natural open space and for park purposes. Landform grading seeks to preserve the site’s existing physiographic character but is necessarily controlled by the need to remediate existing landslides. Strategy 1.2.4 Land Use Element Maintain residential areas which provide for ownership of single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood. Consistent. The project constitutes a single- family residential development. Although development will occur on small lots, the overall project density is consistent with that found in other proximal residential areas. Strategy 1.2.6 Land Use Element Broaden the range of, and encourage innovation in, housing types. Require developments within all residential areas to provide amenities such as common usable, active open space and recreational areas, when possible. Consistent. The project involves an innovative land use pattern and includes open space and recreational amenities. Strategy 1.4.2 Land Use Element Promote joint development and use of parks and open space facilities with adjacent jurisdictions; promote development of joint school/park sites and public amenities. Consistent. The Applicant proposes to development, improve, and convey a new park facility to the City. August 2006 Draft Environmental Impact Report Page 4.1-16 Section 4.1: Land Use South Pointe West City of Diamond Bar, California Table 4.1-2 (Continued) PROJECT CONSISTENCY WITH GENERAL PLAN POLICIES No. General Plan Policies Assessment of Project Consistency/Inconsistency Strategy 1.5.6 Land Use Element To preserve significant environmental resources within proposed developments, allow clustering or transferring of all or part of the development potential of the entire site to a portion of the site, thus preserving the resources as open space, and mandating the dedication of those resources to the City or a conservancy. Consistent. As a single-family, detached condominium development, residential development can be concentrated within a smaller development footprint, allowing for the retention of a substantial portion of the project site for open space and recreational uses. Strategy 1.6.1 Land Use Element A master plan shall be developed for each area of the City designated as a Planning Area (PA). Consistent. The Applicant has prepared and the City is currently considering adoption of the “South Pointe West Specific Plan.” Strategy 1.6.2 Land Use Element Require that Planning Area projects provide a greater level of community amenities and cohesiveness, achieve superior land use, and create a more desirable living environment than could be achieved through conventional subdivision design and requirements. Consistent. The Commission and Council will independently determine whether the specific plan incorporates innovative and superior design addressing the uniqueness of the project site and creates a more desirable living environment than could otherwise be provided under conventional development. Strategy 1.6.4 Land Use Element Encourage clustering within the most developable portions of project sites to preserve open space and/or other natural resources. Such development should be located to coordinate with long-term plans for active parks, passive (open space) parks, and preserve natural open space areas. Consistent. As a single-family, detached condominium development, residential development can be concentrated within a smaller development footprint, allowing for the retention of a substantial portion of the project site for open space and recreational uses. Strategy 1.6.5 Land Use Element Where feasible within new developments, encourage a mixture of complementary development types (e.g., commercial, residential, recreational, sales tax and employment-generating uses) which can be provided in an integrated manner. Consistent. The project includes complementary residential, recreational, and open space uses. Strategy 2.2.1 Land Use Element Require that new development be compatible with surrounding land uses. Consistent. Although offering a different product type, the type, density, and general character of proposed uses is compatible with surrounding properties. Strategy 3.2.10 Land Use Element New development shall comply with the City’s Hillside Management Ordinance. Consistent. See Table 4.1-3 (Project Consistency with Hillside Management Objectives). Goal 2 Housing Element Provide opportunities for development of suitable housing to meet the diverse needs of existing and future residents. Consistent. The development of 98 single-family, detached condominium units is being proposed. Strategy 1.1.2 Resource Management Element Require that dwelling units and structures within hillside areas be sited in such a manner as to utilize ridgelines and landscape plant materials as a backdrop for the structures and the structures themselves to provide maximum concealment of cut slopes. Consistent. Remedial grading activities have resulted in a substantial alteration of the project site, including the alteration of natural ridgelines. A portion of the tract map area will be retained as natural or engineered open space and larger retaining walls will be landscaped. Source: City of Diamond Bar Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-17 South Pointe West City of Diamond Bar, California Although not an element of the City’s General Plan, in May 2001, the City adopted a “City of Diamond Bar Recreational Trails and Bicycle Route Master Plan” (Trails Master Plan). As indicated therein, the plan identifies “five trails completely within the City of Diamond Bar; one trail partially within the City – Skyline (Schabarum) Trail; and one trail head which provides access to a trail outside the City limits (Tonner Canyon).”21 As depicted in the Trail Master Plan, a City trail, identified as the “Larkstone Park Trail,” extends from the general vicinity of the tract map area eastward to Brea Canyon Road. A segment of that trail extends from the general area of the proposed stockpile site southward toward (but not extending to) Pathfinder Road. The Trails Master Plan includes the following description of Larkstone Park Trail: “This trail is proposed (in conjunction with a future park at this site) and the use of the Gas Company easement to be approximately 1.3 miles in length (both segments). When fully developed, it is planned to include two trail heads. The trail would be steep in parts and would offer numerous view points.”22 Designated trail heads are categorized based on the types of facilities proposed in the Trails Master Plan. With regards to Larkstone Park Trail, the plan depicts “a Class B at the trail’s easterly limit and a Class C at Brea Canyon Road” which are “to be developed when the property becomes available.”23 “Class B” trail heads are intended to include or may include information kiosks, shade trees and structures, benches, drinking fountains, and trash containers. “Class C” trail heads are intended to include or may include information signs, benches, and trash containers. 24 Because the conceptual park plan explicitly identifies a trail link and includes many of the facilities associated with a “Class B” trail head, the project appears consistent with the Trails Master Plan. In addition, the project is subject to compliance with applicable provisions of the Municipal Code, including those contained in Chapter 22.22 (Hillside Management). Presented in Table 4.1-3 (Project Consistency with Hillside Management Objectives) is an assessment of the project’s consistency with the objectives of that ordinance. As indicated in Table 4.1-1 (Hillside Management Densities) and Figure 4.1-1 (Slope Density Analysis), in accordance with the provisions of Section 22.22.040 (Density) of the Municipal Code, a total of 93 units could be developed on the project site. It is noted that the slope analysis was limited to the tract map area and did not include that portion of the proposed park site (upper park area) located outside the tract map boundaries but within the area of the SPWSP. Although the proposed 99-unit project exceeds the density provisions of the City’s hillside management ordinance, the specific plan process provides a mechanism whereby the City can establish allowable residential densities as long as such densities do not exceed the provisions of the City’s General Plan. In accordance with the site’s “RL” designation, which allows a maximum density of 3.0 dwelling units per gross acre, a maximum of 94.3 dwelling units could be developed within the approximately 31.43 acre tract map area. Since the specific plan area also includes an additional 3.24 acre portion of the proposed park site, a total of 104 dwelling units could be authorized within the approximately 34.67 gross acre specific plan area. As such, although the proposed number of dwelling units exceeds the provisions of the hillside management ordinance, based on the larger SPWSP area, residential densities remain within the limits established under the City’s General Plan. 21/ City of Diamond Bar, City of Diamond Bar Recreational Trails and Bicycle Route Master Plan, May 15, 2001, p. 13. 22/ Ibid., p. 14. 23/ Ibid., p. 16. August 2006 Draft Environmental Impact Report 24/ Ibid., Table 2, p. 17. Page 4.1-18 Section 4.1: Land Use South Pointe West City of Diamond Bar, California Table 4.1-3 PROJECT CONSISTENCY WITH HILLSIDE MANAGEMENT OBJECTIVES No. Municipal Code Objective Assessment of Project Consistency/Inconsistency 1 Preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the City. Consistent. The subject site was substantially disturbed and subsequent regraded as the result of the 1995 landslide. Based on the extent of prior site disturbance, the project will be neutral insofar as preserving existing views from hillside areas. 2 Maintain an environmental equilibrium consistent with the native vegetation, animal life, geology, slopes, and drainage patterns. Consistent. A substantial portion of the site will be retained as undisturbed open space, linking those retained areas to other off-site open space areas beyond the project boundaries. The on-site open space will also provide a natural buffer between those off-site areas and the tract map. With the exception of protected trees, impacts to biological resources will be minimal. On-site geological hazards will be remediated through project’s development. 3 Facilitate hillside preservation through appropriate development standards and guidelines of hillside areas. The guidelines are intended to provide direction and encourage development which is sensitive to the unique characteristics common to hillside properties, which include, slopes, landform, vegetation and scenic quality. Innovation in design is encouraged as long as the end result is one which respects the hillside and is consistent with the purposes expressed in this section and in the goals and objectives of the General Plan. Consistent. The proposed number of dwelling units is less than the number authorized under the slope density provisions of the hillside management ordinance. 4 Ensure that development in the hillside areas shall be concentrated in those areas with the least environmental impact and shall be designed to fit the existing landform. Consistent. A portion of the project site was disturbed in May 1995 as a result of landslide activity and subsequently remedial grading. Re- activation of the landslide occurred along the westerly portion of the property in December 2004, which will require more remedial grading to stabilize both the affected portion of the project site and adjacent public street improvements. As a result of the previously disturbance and due to the presence of adjoining development, no significant project- related biological impacts have been identified. The proposed site grading and the incorporation of landscaped retaining walls will result in a better approximation of landform grading than that of the site in its present condition. 5 Preserve, where possible, significant features of the natural topography, including swales, canyons, streams, knolls, ridgelines, and rock outcrops. Development may necessarily affect natural features by, for example, roads crossing ridgelines. Therefore, a major design criterion shall be the minimization of such impacts. Consistent. The landslides and subsequent remedial grading of the site have previously eliminated much of the site's natural topography. Through incorporation of landscaped retaining walls and retention of substantial open space areas, project development will not result in any significant inconsistency with this objective. Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-19 South Pointe West City of Diamond Bar, California Table 4.1-3 (Continued) PROJECT CONSISTENCY WITH HILLSIDE MANAGEMENT OBJECTIVES No. Municipal Code Objective Assessment of Project Consistency/Inconsistency 6 Provide a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas, with minimum disturbance to the undeveloped terrain. Consistent. The proposed project will be served by two points of gated ingress and egress, which will be subject to LACFD review and the LACSD’s emergency vehicle standards. In addition, sidewalk access from outside the gated community will allow for limited pedestrian traffic to and from the project site and throughout the project’s interior private streets. Areas of proposed ingress and egress are already served by public streets. 7 Correlate intensity of development with the steepness of terrain in order to minimize the impact of grading, unnecessary removal of vegetation, land instability, and fire hazards. Consistent. Much of the project site has been previously disturbed due to landslides and subsequent remedial grading activities. Project development will result in the removal of the last known area of geotechnical instability and the resultant repair of existing damage to Morning Sun Avenue street and infrastructure, which presently is served by temporary, above-ground water lines. Restoration of normal water service and street condition should enhance fire protection adjacent to the project, satisfy LACFD requirements with respect to private street width and access, and not result in the introduction of any significant fire hazard as the result of project’s implementation. 8 Provide in hillsides alternative approaches to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hill areas (e.g., slopes, landform, vegetation and scenic quality). Consistent. As a condominium development, rather than a traditional single-family detached development, a comparable number of dwelling units can be developed on the site while allowing for the retention of a greater percentage of the site as open space. 9 Encourage the planning, design and development of sites that provide maximum safety with respect to fire hazards, exposure to geological and geotechnic hazards, drainage, erosion and siltation, and materials of construction; provide the best use of natural terrain; and to prohibit development that will create or increase fire, flood, slide, or other safety hazards to public health, welfare, and safety. Consistent. Much of the proposed project grading will occur over areas that have been previously disturbed and 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. Detailed drainage and hydrology studies have been completed, including the potential for debris flows, and proposed conditions and mitigation measures will likely prevent any significant increases in erosion and flood hazard. Source: City of Diamond Bar Each year, in conjunction with the development of the annual budget, the City Council establishes a set of goals and objectives for that fiscal year (FY). The City’s stated goals for FY 2005-2006 included, but were not limited to: (1) obtain Larkstone Park agreement; and (2) implement Larkstone Park project (a portion of the park could be used as a natural "laboratory" for local schools, colleges, and universities). Through the implementation of the proposed specific plan, the City would be able to both obtain an agreement concerning the development of Larkstone Park and implement park improvement plans. August 2006 Draft Environmental Impact Report Page 4.1-20 Section 4.1: Land Use South Pointe West City of Diamond Bar, California As now proposed, it is not presently the Applicant’s intent to retain any significant portion of the area now under consideration for park purposes as a natural laboratory. Areas set aside for passive use could, however, be utilized for a variety of educational pursuits. As part of its decision-making process, the City Council will need to determine whether the proposed use and the proposed configuration of the neighborhood park are consistent with the Council’s policy direction for the use of that area. Additionally, since the proposed park plan is presented herein as a “conceptual” design, the Council could specific that the final park plan include other recreational and/or educational uses. In addition to the City’s policies and policy directives, in order for the County to provide water and sewer service to the project area, the proposed project must be found to be consistent with SCAG’s 1996 RCPG and 2004 “Regional Transportation Plan – Destination 2030”25 (2004 RTP). The 2004 RTP is based on updated growth forecasts, incorporating information provided by federal and State statistical agencies and subregional and local jurisdictions. The growth forecasts at the “small area level” are based on local input.26 Current land use, local general plans, and regional policies are not, however, expressly included in the small area trend projections.27 Because small area projections are from or agreed to by local jurisdictions, “the small area local input projections can be reasonably assumed to have reflected the current land use and existing city general plans.” 28 Consistency, however, cannot be judged solely by examining a proposed project against existing land use designations. If that were the case, any project that included a general plan amendment or zone change would be deemed inconsistent with the 1996 RCPG and 2004 RTP and approvals withheld pending subsequent updates to those regional plans. The RCPG states that there exists a regional need to expand housing opportunities for all economic segments. In addition, the RCPG’s contains specific “core policies” against which individual projects should be examined. Presented in Table 4.1-4 (Project Consistency with Southern California Association of Governments Policies – Growth Management Chapter) is the Lead Agency’s preliminary consistency analysis with regards to those applicable or potentially applicable SCAG policies identified by the City. As indicated therein, it is the Lead Agency’s preliminary finding that the proposed project is generally consistent with the applicable core policies presented in the RCPG and 2004 RTP. Additionally, in order to assess regional retail water demands, the Metropolitan Water District of Southern California (MWD), the regional water supplier, utilizes an econometric model that relates water use to independent variables, such as housing, employment, income, price, and weather. The model’s demographic and economic variables are based on SCAG’s regional transportation plan and the San Diego Association of Governments’ (SANDAG) “2020 Forecast.” SCAG and SANDAG demographic projections are supported by environmental impact reports and are based on city, county, and regional general plans. If a proposed development located within MWD’s service area is included in the local general plans, which serve as the basis for the SCAG and SANDAG projections, there should be a linkage between the water demands for that development and the supplies made available by MWD and its member agencies. Projects that are consistent with local general plans can also be assumed to be included in MWD’s water demand projections and adequately accommodated by MWD’s ongoing regional water supply planning efforts. 25/ Southern California Association of Governments, 2004 Regional Transportation Plan – Destination 2030, April 2004. 26/ Ibid., p. 19. 27/ Ibid., Appendix A, p. A-62. Draft Environmental Impact Report August 2006 28/ Ibid., Appendix A, p. A-64. Section 4.1: Land Use Page 4.1-21 South Pointe West City of Diamond Bar, California Table 4.1-4 PROJECT CONSISTENCY WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS POLICIES GROWTH MANAGEMENT CHAPTER No. SCAG Goal, Objective, Policy, or Action Assessment of Project Consistency/Inconsistency 3.05 Encourage patterns of urban development and land use, which reduce costs on infrastructure construction and make better use of existing facilities. Consistent. The proposed project will utilize existing public access streets, with the Applicant supplying additional dedication of rights-of-way and constructing all private streets at the Applicant’s expense. Maintenance of those private streets will be performed by the homeowners’ association through an association assessment. Remediation of existing landslide areas abutting Morning Sun Avenue will reduce costs on infrastructure repair and replacement (which would otherwise be borne by the County) and prevent further damage to such infrastructure. 3.09 Support local jurisdictions’ efforts to minimize the cost of infrastructure and public service delivery, and efforts to seek new sources of funding for development and the provision of services. Consistent. The Applicant is purchasing a portion of the project site from the Walnut Valley Unified School District (WVUSD). That purchase price, in conjunction with statutory school impact fees to be paid by the Applicant will have the effect of reducing the WVUSD's need for additional funds to serve the area’s public education needs. In addition, the Applicant will effect the dedication and improvement of a new, public park which will increase public recreation services at no or minimal initial expense to the City or the County. 3.10 Support local jurisdictions’ actions to minimize red tape and expedite the permitting process to maintain economic vitality and competitiveness. Consistent. Formulation of a specific plan allows for the formulation of site-specific development standards unique to the proposed project. 3.12 Encourage existing or proposed local jurisdictions’ programs aimed at designing land uses which encourage the use of transit and thus reduce the need for roadway expansion, reduce the number of auto trips and vehicle miles traveled, and create opportunities for residents to walk and bike. 3.13 Encourage local jurisdictions’ plans that maximize the use of existing urbanized areas accessible to transit through infill and redevelopment. 3.14 Support local plans to increase density of future development located at strategic points along the regional commuter rail, transit systems, and activity centers. Consistent. The proposed project constitutes an urban infill development not located in close proximity to existing transit routes. A direct increase in transit ridership is, therefore, not envisioned. As such, the project will perpetuate continued reliance on automobile use. Although the project site is not presently served by public transit and no plans are presently proposed to extend transit services to the subject property, in a broader community context, by increasing the number of dwellings within a community served by existing transit services, such as the City, increased use of those services and increased local ridership by new residents and the individuals that serve those uses can be expected. Construction of a new neighborhood park site adjacent to the proposed residential use and school site will encourage pedestrian linkages between the tract map area, the park site, and the existing middle school. 3.16 Encourage developments in and around activity centers, transportation corridors, underutilized infrastructure systems, and areas needing recycling and redevelopment. Consistent. Historic landslide activities on the project site have made the site difficult and costly to develop. The consolidation of a number of existing parcels and the flexibility provided through the adoption of a specific plan serves to facilitate the productive use of the project site. August 2006 Draft Environmental Impact Report Page 4.1-22 Section 4.1: Land Use South Pointe West City of Diamond Bar, California Table 4.1-4 (Continued) PROJECT CONSISTENCY WITH SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS POLICIES GROWTH MANAGEMENT CHAPTER No. SCAG Goal, Objective, Policy, or Action Assessment of Project Consistency/Inconsistency 3.17 Support and encourage settlement patterns, which contain a range of urban densities. Consistent. Based on a 31.4 acre development site, the overall residential density (3.13 dwelling units/acre) is consistent with other proximal residential areas. While similar in appearance and density with the existing neighborhood, the proposed development offers a different type of housing product (detached condominiums), including smaller lot sizes, and provides housing consumers with additional choices. 3.18 Encourage planned development in locations least likely to cause environmental impacts. Consistent. The project site has been previously impacted as a result of earlier remedial activities undertaken to address slope stability issues and a portion of the project site was previously utilized for the stockpiling of soils material. 3.20 Support the protection of vital resources such as wetlands, groundwater recharge areas, woodlands, production lands, and land containing unique and endangered plants and animals. Consistent. The project site has previously been substantially disturbed due to landslide activity and subsequent remediation. Survey conducted by qualified consultants have defined relatively small areas of jursidictional waters which will be protected and impacts compensated through the provision of replacement resources. 3.21 Encourage the implementation of measures aimed at the preservation and protection of recorded and unrecorded cultural resources and archaeological sites. Consistent. Archaeological and paleontological surveys of the site have been conducted, both as part of the current project and as part of the previous CEQA documentation, and construction monitoring activities are proposed (as mitigation) to encourage salvage operations for any paleontological resources that may be uncovered during initial site grading. Source: City of Diamond Bar As such, the consistency analysis must include consideration of both policy compliance and a determination whether site-specific and project-related build-out projections have been factored into local and, by extension, into regional growth scenarios. As indicated in Table 3-1 (City of Diamond Bar General Plan - Existing and Proposed Land Use Comparison), substantial growth is anticipated and authorized under the land use policies of the City’s General Plan. With regards to housing development, that anticipated growth is primarily the result of construction of new single-family residences. The project site is zoned “RPD 10,000 6U.” That designation is intended to promote a minimum lot size of 10,000 square feet. Based on the approximately 31.43-acre tract map area (excluding the stockpile site and that portion of the neighborhood park site located beyond the tract map boundaries), the approximately 13,830 square foot average lot size, as determined by dividing the number of units by the total project area, would be substantially in excess of the minimum 10,000 square foot standard. The site’s “RPD 10,000 6U” zoning authorizes up to six dwelling units per acre. Based on that designation, the 31.43-acre site could theoretically accommodate up to 188.6 dwelling units. An Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-23 South Pointe West City of Diamond Bar, California approximately 6.8-acre portion of the project site, located near the northwest corner of the tract map area, is, however, presently subject to development restrictions of one unit per parcel. Based on those restrictions and the site’s zoning designation, a total of approximately 147.6 dwelling units could theoretically be constructed on the remaining approximately 24.6-acre portion of the tract map area not subject to those development restrictions. When combined with the three additional dwelling units that are currently authorized on the three parcels located in the northwestern corner of the tract map area, a total of about 150.6 dwelling units could theoretically be developed within the tract map boundaries. Not included in these estimates are any additional units that could be added based on the inclusion of the approximately 3.24 gross acre portion of the proposed neighborhood park site (upper park area) located east of the tract map area or any additional units that might be authorized based on the inclusion of the proposed stockpile site. The 99-unit project now proposed represents only about 65.7 percent of the development potentially allowable under existing zoning. Based on January 2005 population per household estimates (3.349 individuals/household) and vacancy rate factors (1.71 percent) formulated by the California Department of Finance for the City, as presented in Table 4.2-1 (California Department of Finance – January 2005 Population and Housing Unit Inventory), the project’s 99 dwelling units would house approximately 326 individuals. As indicted in SCAG’s 2004 RTP and as reflected in Table 3-2 (Population, Household, and Employment Forecast for the City of Diamond Bar and the San Gabriel Valley Council of Governments – 2004 Regional Transportation Plan), between 2005 and 2010, SCAG projects that the City’s population will increase by 1,145 residents and the number of household will increase by 642 households. The project’s 99 dwelling units represent about 15.4 percent of the projected increase in housing stock and the project’s approximately 326 residents represent about 28.5 percent of that population growth. Alternatively, based on the City’s average household size (3.18 individuals/household) and factoring in those vacancy rates (1.7 percent) dentified by the United States Census Bureau for the census tract in which the project is located, as presented in Table 4.2-4 (2000 United States Census Tract Data), an estimated 300 individuals might reside within the tract map area. Based on that lesser number of individuals, the project represents about 26.2 percent of that projected population growth. It is the Lead Agency’s preliminary findings that the projected increase in the number of housing units (99 units) and population (326 individuals) are generally consistent with both the City’s projections and with the regional growth forecasts formulated by SCAG for the 2005-2010 period. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Land Use Entitlements Land Use Impact 1-3. Existing development restrictions currently encumber the project site. The elimination, modification, and/or alteration of those deed restrictions would be required in order to allow for the development of the proposed land uses. Level of Significance before Mitigation: Less than Significant August 2006 Draft Environmental Impact Report Page 4.1-24 Section 4.1: Land Use South Pointe West City of Diamond Bar, California Under existing City policies, the owners of Lots 46-49 of Tract No. 32576 are presently authorized only one dwelling unit per parcel. Subject to appropriate findings, as determined by the City Attorney, the City Council is authorized to modify those restrictions. Unaddressed in the proposed request to eliminate the deed restrictions now affecting Lots 46- 49 of Tract No. 32576 is the consideration of what remaining development potential should reside with that portion of Lot 49 which is not presently a part of the proposed project. Based on existing development restrictions, Lot 49 can be developed to accommodate one housing unit. Since only a portion of that lot is included in the proposed single-family condominium project, the City must determine whether the one dwelling unit authorization is consumed through the Applicant’s development project or remains with the residual portion of Lot 49 located outside the boundaries of that residential subdivision and retained by the WVUSD. In order to address that issue, a project condition (Project Condition 1-1) has been formulated which serves to retain the existing deed restriction that now encumbers Lot 49 (Tract No. 32576 within the residual portion of that parcel located to the east of the boundaries of proposed Vesting Tentative Tract Map No. 063623. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Land Use Impact 1-4. The proposed subdivision creates a number of residual or designated remainder parcels, identified as “Not a Part” in the proposed tract map, within the area of Lot 49 of Tract No. 32576, with reduced access. Level of Significance before Mitigation: Less than Significant As indicated, in part, in Section 66424.6(a) of the CGC, “[w]hen a subdivision, as defined in Section 66424, is of a portion of any unit or units of improved or unimproved land, the subdivider may designate as a remainder that portion which is not divided for the purpose of sale, lease, or financing. Alternatively, the subdivider may omit entirely that portion of any unit of improved or unimproved land which is not divided for the purpose of sale, lease, or financing.” Pursuant to Section 66424.6(d), a “designated remainder or any omitted parcel may subsequently be sold without any further requirement of the filing of a parcel map or final map, but the local agency may require a certificate of compliance or conditional certificate of compliance.” As stipulated under Section 66474(g) of the CGC, the legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it finds that the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision.” As further stipulated in Section 21.20.080(1) in Title 21 (Subdivisions) of the Municipal Code, with regards to the approval of a tentative map, the Planning Commission (Commission) shall first find that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan, and any applicable specific plan, and that none of the findings for disapproval in Section 21.20.080(3) can be made. The findings shall apply to each proposed parcel as well as the entire subdivision, including any parcel identified as a designated remainder in compliance with Section 66424.6 of the CGC. As a separate action, the Applicant will acquire from the WVUSD a portion of Lot 49 in Tract No. 32576 and, in combination Lots 46-48 (Sasak Corporation/Patel) of Tract 32576 and additional properties located to the south of Larkstone Drive, subdivide the property to allow for the development of 99 dwelling units, an internal street system, a portion of the new neighborhood Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-25 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.1-26 Section 4.1: Land Use park, and common open space areas. The boundaries of the proposed development application are not, however, coterminous with existing lot lines. Based upon those differences, a residual area will be created that are “not a part” of the current development application. That residual area is located along the eastern boundary of Lot 49 (Tract No. 32576) and extends from the rear property lines of homes located along Peaceful Hills Road northward to Larkstone Drive. While physical access is retained from Larkstone Drive, the residual parcel’s configuration may limit its subsequent use and functionality. Although the impact does not elevate to a level of significance, in order to address that issue, a project condition (Project Condition 1-2) has been formulated to regulate the private development of the designated remainder. Although the implementation of that project condition, formulated in response to the existing deed restrictions governing the authorized use of Lot 49 (Tract No. 32576), will address the potential issue of reduced access that is created by the lot’s proposed configuration, the project’s decisionmakers may elect to consider other alternative actions, including relocation and/or reconfiguration of the proposed park boundaries, modification to proposed park acreage, and/or public purchase of the designated remainder in order to avoid the creation of a parcel possessing possible physical constraints to its later development.29 Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Cumulative Impacts Cumulative Impact 1-5. Cumulative residential development within the City and the population increase associated with the introduction of new dwelling units could exceed the 2005-2010 population growth forecasts presented in the “Regional Transportation Plan – Destination 2030” (SCAG, 2004) and which serve as a basis for regional transportation planning. Level of Significance before Mitigation: Significant unless Mitigation Incorporated Implementation of the proposed project in combination with those other related projects identified in Table 3-2 (Related Projects Summary) herein will result in the further urbanization of the general project area, including the conversion of vacant or under-developed properties to higher-intensity uses. None of the land uses that are identified, however, constitute uses or activities that are not currently present within the City or the region. As indicated in the RCPG, the southern California region is continuing to undergo rapid urbanization in response to regional growth. The proposed project, in combination with other related projects, is characteristic of the development activities predicted and addressed therein. As a result, although these activities will transform the respective sites upon which those projects will occur, these activities will not result in any cumulative land use impacts. As indicated in Table 3-2 (Related Projects Summary), a total of 33 other projects have been identified and are reasonably expected to be in place by the project’s build-out time frame of 29/ As authorized under the Open Space Easement Act of 1974, codified in Section 51070 et seq. of the CGC, cities and counties may create and approve open space easements. As defined, in part, in Section 51075(d) of the CGC, an "’[o]pen-space easement’ means any right or interest in perpetuity or for a term of years in open-space land acquired by a county, city, or nonprofit organization pursuant to this chapter where the deed or other instrument granting such right or interest imposes restrictions which, through limitation of future use, will effectively preserve for public use or enjoyment the natural or scenic character of such open-space land.” South Pointe West City of Diamond Bar, California 2008. Of those projects, only two involve new residential development within the City. Those projects include: (1) Diamond Bar Village – 300 condominium units (Related Project No. 13); and (2) WVUSD Site D Mixed Use – 117 condominium units and 58 single-family residents (Related Project No. 28). With regards to Diamond Bar Village, only 180 condominiums units are now proposed on the project site. With regards to the WVUSD Site D Mixed Use project, no development plans have yet to be submitted and the City, the WVUSD, and the perspective purchaser remain in discussions concerning the subsequent use of that surplus school district property. As a result, the number of related residential development projects in the City is likely substantially less than the number now assumed for cumulative impact assessment purposes. Assuming that residential development in the City between 2005-2010 were equal to the number of units actually associated with the advancing Diamond Bar Village project (180 condominium units) and the development assumptions associated with the WVUSD Site D Mixed Use (117 condominium units and 58 single-family residents), whether ultimately constructed on that property or the units scattered throughout the community, a total of 355 new dwelling units (plus the 99 units associated with the proposed project) would be constructed in the City in the 2005-2010. Based on the California Department of Finance’s average household size (3.349 individuals) and vacancy rate (1.71 percent), the 454 total units would add approximately 1,494 persons to the City. Although the projected increase in the number of new dwelling units is less than assumed by SCAG for the City, this population projection, if subsequently attained, exceeding by about 349 individuals the five-year (2005-2010) population growth forecast presented in the 2004 RTP of 1,145 persons. While the project and other related residential projects in the City represent only a small percent of the overall regional growth, anticipated residential development in the City exceeds the population growth estimates formulated by SCAG over that five-year period. SCAG’s projections are used as the basis for establishing regional transportation plans. By under- estimating interim local demands, regional plans may not be as effective in responding to areawide interim transportation needs. Although not likely to produce long-term implication, should the project move forward, the City should inform SCAG that their 2005-2010 population projections for the City should be revised upward. That notification is identified as a mitigation measure (Mitigation Measure 1-1) herein. This change would reflect short-term population projections only. No change in long-term regional planning efforts would be anticipated. Pending that notification, the Lead Agency has concluded that the potential local 2005-2010 exceedance of population projections presented in applicable regional plans constitutes a potentially significant cumulative environmental effect. Formal SCAG notification constitutes full mitigation for the resulting difference between local and regional growth projections. 4.1.4 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions ƒ Project Condition 1-1. Pending subsequent actions by the City of Diamond Bar or by the Walnut Valley Unified School District, with the recordation of the final subdivision map, the existing deed restriction that now encumbers Lot 49 in Tract No. 32576 which limits the development potential of that parcel to only one dwelling units shall be retained within the designated remainder portion of that parcel located to the east of the boundaries of Vesting Tentative Tract Map No. 063623 and extending between Larkstone Drive southward towards Peacehill Hills Road. Draft Environmental Impact Report August 2006 Section 4.1: Land Use Page 4.1-27 South Pointe West City of Diamond Bar, California ƒ Project Condition 1-2. Unless determined by the City Attorney to already be adequately restricted, with the recordation of the final subdivision map, an open space easement or other restrictive covenant, as determined by the City Attorney, shall be recorded over that designated remainder parcel which is now a portion of Lot 49 in Tract No. 32576 and located adjacent to the southeastern corner of Vesting Tentative Tract Map No. 06323 specifying that property’s retention as an open space use. Mitigation Measures ƒ Mitigation Measure 1-1. Prior to the recordation of the final subdivision map, the City shall request that the Southern California Association of Governments (SCAG) amend and, when deemed appropriate by and at the discretion of SCAG, update the “Regional Transportation Plan – Destination 2030” (2004 RTP) and other regional planning forecasts to reflect a greater level of population and housing growth within the City during the 2005-2010 time period. 4.1.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS As mitigated, the approval, construction, operation, occupancy, use, and habitation of the proposed project and the project site will not result in any significant unavoidable adverse project-related or cumulative land use impacts. August 2006 Draft Environmental Impact Report Page 4.1-28 Section 4.1: Land Use South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.2: Population and Housing Page 4.2-1 4.2 POPULATION AND HOUSING 1 4.2.1 Environmental Setting 4.2.1.1 Regulatory Setting California Environmental Quality Act Referencing Section 21000(g) of CEQA, “it is the intent of the Legislature that all agencies of the State government which regulate activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.” As further indicated in Section 21001(d) of CEQA, the State Legislature finds and declares that it is the policy of the State to “[e]nsure that the long-term protection of the environment, consistent with the provisions of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions.” Referencing Section 15021(d) of the State CEQA Guidelines, “CEQA recognizes that in determining whether and how a project should be approved, a public agency has an obligation to balance a variety of public objectives, including economic, environmental, and social factors and in particular the goal of providing a decent home and satisfying living environment for every Californian.” California Government Code As indicated in Section 65580 of the CGC: “The Legislature finds and declares as follows: (a) The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (b) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (c) The provision of housing affordable to low- and moderate-income households requires the cooperation of all levels of government. (d) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provisions for the housing needs of all economic segments of the community. (e) The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs.” Regional Housing Needs Assessment Section 65581 of the CGC required cities and counties to recognize their responsibilities in contributing to the attainment of the State’s housing goal and acknowledges that each locality is best capable of determining what efforts are required. As indicated in Section 65584(a) of the 1/ The issues of population and housing were neither identified as potentially significant impacts in the Initial Study nor raised as potentially significant impacts in any comments received by the Lead Agency following the dissemination of the NOP. The topic is included herein for informational purposes since the project involves a residential land use and will result in both the introduction of new housing on the project site and an increase in the site’s existing population. South Pointe West City of Diamond Bar, California CGC: “For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing needs includes that share of the housing need of persons at all income levels within the area significantly affected by a general plan of the city or county. . .The appropriate council of governments shall determine the share for each city or county consistent with the criteria of this subdivision and with the advice of the department [Department of Housing and Community Development] subject to the procedure established pursuant to subdivision (c) at least one year prior to the second revision, and at five-year intervals following the second revision pursuant to Section 65588. The council of governments shall submit to the department information regarding the assumptions and methodology to be used in allocating the regional housing need.” Jobs-Housing Balance As indicated in Section 65890.1 of the CGC: the State Legislature “finds and declares that: (a) State land use patterns should be encouraged that balance the location of employment- generating uses with residential uses so that employment-related commuting is minimized. (b) Balance in employment and residential land use patterns reduces traffic congestion and may contribute to improvement of air quality in urban area. (c) Balancing of employment-generating land uses and residential land uses improves economic and housing opportunities and reduces loss of economic productivity caused by transportation delay. (d) The attainment of a more balanced land use pattern requires the cooperation of government agencies with the private sector to assure that public and private decisions affecting land use take into consideration the need to seek balance in the location of employment-generating land uses and residential land uses. (e) Local agencies and state agencies should cooperate to facilitate the balancing of employment-generating land uses and residential land uses and provisions of transportation to serve these uses. (f) Local governments have the primary responsibility to plan for local land use patterns, within the parameters established by state law to achieve statewide needs. (g) Housing must be provided for the estimated 3 million new workers and their families expected to be added to the California economy in the 1990’s. (h) It is the intent of the Legislature to move toward the goal that every California worker have available the opportunity to reside close to his or her jobsite.” City of Diamond Bar General Plan Unlike other elements of the 1995 General Plan, the City’s Housing Element must be updated every five years. The 2000 Housing Element contains numerous policies that relate, either directly or indirectly, to the provision of housing within the City. Those policies include, but are not necessarily limited to, the following: ƒ Maintain residential areas which provide for ownership of single family housing and require that new development be compatible with the prevailing character of the surrounding development (Strategy 1.24, Land Use Element); ƒ Provide opportunities for development of suitable housing to meet the diverse needs of existing and future residents (Goal 2, Housing Element); ƒ Promote the expeditious processing and approval of residential projects that meet General Plan policies and City regulatory requirements (Policy 4.2, Housing Element); ƒ Require that dwelling units and structures within hillside areas be sited in such a manner as to utilize ridgelines and landscape plant materials as a backdrop for the structures and the structures themselves to provide maximum concealment of cut slopes (Strategy 1.1.2, Resource Management Element). August 2006 Draft Environmental Impact Report Page 4.2-2 Section 4.2: Population and Housing South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.2: Population and Housing Page 4.2-3 4.2.1.2 Regional Setting Regional Setting The California Department of Finance (DOF) indicates that California's population exceeded 36.81 million persons on January 1, 2005. The State grew by about 1.5 percent during 2004, adding 539,267 residents. For the sixth straight year, the State added 500,000 or more new residents to its population. California now represents about 12.5 percent of the United States population. Los Angeles County is the most populated county in the State and in the nation with 10,226,500 people. Almost half of the State’s population resident in four counties: Los Angeles, Orange, San Diego, and San Bernardino. The DOF indicates that, as of January 1, 2005, the population of the City was estimated to be 59,953 individuals, an increase of only 0.7 percent from January 2004 (59,511 individuals). Presented in Table 4.2-1 (California Department of Finance – January 2005 Population and Housing Unit Inventory) is information concerning the population and the number, type, and occupancy rates for housing units with the County and the City, as reported by the DOF. Table 4.2-1 CALIFORNIA DEPARTMENT OF FINANCE JANUARY 2005 POPULATION AND HOUSING UNIT INVENTORY County of Los Angeles City of Diamond Bar Total Population 10,226,506 59,953 Residing in Households 10,049,415 59,835 Population Residing in Group Quarters 177,091 118 Total 3,341,548 18,177 Single – Detached 1,625,468 12,824 Single – Attached 242,326 2,501 Multiple – 2 to 4 289,575 823 Multiple – 5+ 1,126,916 1,696 Mobile Homes 56,663 333 Occupied 3,201,352 17,866 Percent Vacant 4.20 1.71 Housing Units Persons/Household 3.139 3.349 Source: California Department of Finance, Table 2:E-5 (City/County Population and Housing Estimates, 1/1/2005) As indicated by the California Department of Housing and Community Development (HCD): “The six-county Greater Los Angeles Metropolitan Region (including Los Angeles, Orange, Riverside, San Bernardino, Ventura, and, Imperial counties) will, it is projected, account for almost half of California's 1997-2020 population growth. Altogether, the Greater Los Angeles region is projected to grow from 16.1 million persons in 1997, to 19.2 million persons in 2010, to 21.8 million persons in 2020 - a 23-year increase of more than five-and-a-half million! Among individual counties, Los Angles County alone is projected to add two million more residents by 2020.”2 These population increases will put significant pressure on California's urban housing 2/ California Department of Housing and Community Development, Raising The Roof: California Housing Development Projections and Constraints, 1997-2020, Statewide Housing Plan Update, May 2000, Chapter 2 (http://www.hcd.ca.gov/hpd/hrc/rtr/int1r.htm). South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.2-4 Section 4.2: Population and Housing markets. To meet this level of demand, California homebuilders would have to construct an average of 220,000 additional housing units every year for the next 23 years. Since 1987, annual non-manufactured housing production in California (as measured by the number of permits) has averaged only 141,000 units per year. Since 1987, single-family homes have accounted for more than 80 percent of annual statewide new home production.3 In 2003, however, only 31 percent of southern California households could afford to purchase a median-priced home. While the housing market for homebuyers in Riverside and San Bernardino has remained the most affordable over time, Los Angeles and Orange Counties have been consistently less affordable than the regional average.4 As indicated in SCAG”s 2004 RTP, the average persons-per-household ratio in the SCAG region has increased from 3.07 persons/household in 2000 to 3.16 persons/household in 2003.5 Regional Plans As indicated in SCAG’s 1994 “Regional Comprehensive Plan and Guide,” about two million dwelling units need to be constructed between 1990 and 2010 in the SCAG region. Specifically, “[t]he housing demand resulting from this growth, plus the underlying socioeconomic and cultural shifts, will be substantial. If housing construction lags behind demand, the region may fact an increase in illegal of ‘shadow-market units,’ a drop in vacancy rate to much lower levels, an increase in household size as young adults delay entry into the housing market, an increase in overcrowding, less recycling of older units and a bidding up of lower-cost units into higher- cost categories.”6 As indicated in SCAG’s 2004 “Southern California Compass – Growth Vision Report, “[r]ecent trends and existing conditions point to an unmet demand for a greater diversion of housing throughout the six-county region. During the 1990’s, the overall supply of housing did not match the increasing demand in the SCAG region. Even as the population continued to grow, home construction lagged behind. The number of annual building permits decreased by 20 percent between 1990 and 2000. Further, those units built were out of sync with the demand for a broader array of housing choices from an increasingly diverse Southern California.”7 SCAG’s current RHNA 8 serves to quantify the need for housing within each jurisdiction within the SCAG region between 1998 and 2005. The RHNA consists of the following two measurements of housing need: (1) existing need; and (2) future need. The “existing need” assessment simply examines key variables from the most recent United States Census to measure ways in which the housing market is not meeting the needs of current residents. The “future need” for housing is determined primarily by the forecasted growth in households in a community. Each new household, created by a child moving out of a parent's home, by a family moving into a community, and so forth, creates the need for a housing unit. The housing need 3/ Ibid. 4/ Ong, Paul, et al., The State of Southern California’s Housing, The Ralph & Goldy Lewis Center for Regional Policy Studies, UCLA School of Public Affairs, 2004, p. 22. 5/ Op. Cit., 2004 Regional Transportation Plan – Destination 2030, p. 19. 6/ Southern California Association of Governments, Regional Comprehensive Plan and Guide, June 1994, p. 6-7. 7/ Southern California Association of Governments, Southern California Compass – Growth Vision Report, June 2004, p. 10. 8/ SCAG is mandated by Section 65584 et seq. of the CGC to determine the existing and projected housing needs for its region, as well as the share of this need to be allocated to individual cities and counties in the SCAG region. This determination is called the “regional housing needs assessment.” South Pointe West City of Diamond Bar, California for new households is then adjusted to account for an ideal level of vacancy needed to promote housing choice, moderate cost, and acceptable levels of housing upkeep and repair. SCAG’s adopted housing needs for the City are presented in Table 4.2-2 (SCAG RHNA-99: Adopted Existing Need – All Incomes Housing Problems Detail for the City of Diamond Bar). SCAG’s adopted construction needs for both the City and for the SGVCOG are presented in Table 4.2-3 (SCAG RHNA-99: Adopted Construction Needs for the City of Diamond Bar and for the San Gabriel Valley Council of Governments). For the period 2000-2005, SCAG’s RHNA analysis has identified a need for the City to construct 144 additional housing units. A RHNA has not yet been published for the 2005-2010 time period. Table 4.2-2 SCAG RHNA-99: ADOPTED EXISTING NEED ALL INCOMES HOUSING PROBLEMS DETAIL FOR THE CITY OF DIAMOND BAR Income Level (Percent of Median) Households <30% 30- 50% 50- 80% 80- 95% >95% Total Renters 142 222 461 279 1,348 2,450 Owners 428 412 1,027 737 12,074 14,676 All Households Total Households 569 634 1,488 1,015 13,421 17,125 Renters 109 205 418 199 238 1,167 Owners 269 325 790 515 4,112 6,009 Households with any Problems Total Households 378 529 1,208 714 4,349 7,175 Renters 101 202 418 196 201 1,116 Owners 269 304 778 512 4,112 5,974 Households with Overpayments Total Households 370 505 1,196 708 4,312 7,089 Renters 18 61 42 79 76 275 Owners 31 30 131 54 551 794 Households with Overcrowding Total Households 48 91 173 133 627 1,069 Source: Southern California Association of Governments Table 4.2-3 SCAG RHNA-99: ADOPTED CONSTRUCTION NEEDS FOR THE CITY OF DIAMOND BAR AND FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS Construction Need Income Category City of Diamond Bar SGVCOG Very-Low Income 23 1,073 Low Income 17 1,067 Moderate Income 27 1,113 Above Moderate Income 76 3,097 Total 144 6,320 Source: Southern California Association of Governments Local Agency Formation Commission of Los Angeles County As indicated in the Local Agency Formation Commission of Los Angeles County’s (LAFCO) “Draft Municipal Service Review, Water Service – East San Gabriel Valley,” east San Gabriel Valley is primarily developed with urban land uses and significant growth is not projected. Draft Environmental Impact Report August 2006 Section 4.2: Population and Housing Page 4.2-5 South Pointe West City of Diamond Bar, California Growth over the next twenty years will come from infill development and redevelopment. Eastern San Gabriel Valley is predicted to grow at an annual rate of about one percent, in keeping with the overall County growth projection.9 Jobs-Housing Balance As indicated in SCAG’s “The New Economy and Jobs/Housing Balance in Southern California,” “a balance between jobs and housing in a metropolitan region can be defined as a provision of an adequate supply of housing to house workers employed in a defined area (i.e., community or subregion). Alternatively, a jobs/housing balance can be defined as an adequate provision of employment in a defined area that generates enough local workers to fill the housing supply.”10 The mean for the SCAG region in 1997 was 1.25 jobs per household. The projected mean for 2025 is 1.43. The projected median for 2025 is 1.31, up from the 1997 mean of 0.91.11 As indicated by SCAG, a jobs-housing balance for the region is defined as “a ratio between jobs and households on the order of 1.0-1.29 jobs per household.”12 The jobs/housing balance ratio for the City in 1997 was 0.91 jobs per household.13 The City can, therefore, be described as being “housing rich” and “jobs poor.” SCAG indicates that a balance between jobs and housing in a metropolitan region can be defined as a provision of an adequate supply of housing to house workers employed in a defined area (community or subregion). Alternatively, a jobs/housing balance can be defined as an adequate provision of employment in a defined area that generates enough workers to fill the housing supply. The definition of an area can be stated in term of an optimal “commute shed” around employment centers. Based on a commute time of 30 minutes and the average commute speed in the region of 28.4 miles per hour (mph), a commute sheds is generally described as an area having a radius of about 14 miles around employment centers.14 The City of Industry might be identified as one of a number of employment centers within the San Gabriel Valley located within the commute shed of the project site. The SCAG region is further divided into both areas governed by regional councils of governments and into regional statistical areas. The project site is located within the area governed by the San Gabriel Valley Council of Governments (SGVCOG) and within RSA 26 (Covina). RSAs include both “housing rich” communities and “jobs rich” communities. For the SGVCOG area, in 1997, the jobs-housing ratio was 1.33. In 2025, that ratio is projected to increase to 1.39.15 SCAG defines both the SGVCOG region and RSA 26 as being “jobs rich” both in the 1997 and 2025 periods.16 Gated Residential Communities The following information is presented for informational purposes only since no significant impacts have been identified relative to the population and housing implications of gated residential communities. 9/ Local Agency Formation Commission of Los Angeles County (Dudek and Associates, Inc.) “Draft Municipal Service Review, Water Service – East San Gabriel Valley, May 2005, p. 29. 10/ Southern California Association of Governments, The New Economy and Jobs/Housing Balance in Southern California, April 2001, p. 15. 11/ Ibid., p. 101. 12/ Ibid., p. 15. 13/ Ibid., Table 4, p. 91. 14/ Ibid., p. 15. 15/ Ibid., Table 1, p. 12. August 2006 Draft Environmental Impact Report 16/ Ibid., Maps 2 and 3. Page 4.2-6 Section 4.2: Population and Housing South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.2: Population and Housing Page 4.2-7 Neither the General Plan nor the Municipal Code includes endorsement of or prohibitions against the development of new gated communities. A number of gated residential projects now exist within the City. From a CEQA perspective, in addition to traffic, access, and law enforcement issues, the City’s consideration of a new gated community may introduce other issues that, at minimum, warrant an introductory discussion. As indicated in an analysis of gated communities conducted by the International Foundation for Protection Officers (IFPO): “Many individuals strongly believe that gated communities are affecting our society in a negative way. Some scholars believe when people wall themselves off from others, they are cutting themselves off from the mixed, open society that is needed for a social and political democracy. . .For many years, the United States has been a society that seeks to make everyone equal. We want to bring all the races together, and we want everyone to be on the same levels economically, but this gated trend is moving us in the opposite direction. Rather than being involved in an open society, gated communities tend to foster segregation. They also promote privatization, replacing public government with private organizations.”17 Critics argue that "[g]ated communities create yet another barrier to interaction among people of different races, cultures, and classes and may add to the problem of building the social networks that form the base for economic and social opportunity."18 As indicated in a publication of the UCLA International Institute, “the social sciences literature has focused on depicting gated communities as a new trend, and three types of arguments are now part of a general theoretical discourse inspired by postmodern urban studies. First, gated communities are described both as a physical and obvious expression of the post-industrial societal changes (fragmentation, individualism, rise of communities), as part of commoditization trend of urban public space, and a penetration of ideologies of fear and security developed by economic and political actors; municipalities, homebuilding industry, and security businesses. A second type of argument presents the gated community as a symptom of urban pathologies, among them social exclusion is considered to be preeminent. The decline of public spaces in the cities is addressed as detrimental for the poorest social classes; the voluntary gating is thus associated with an increased social segregation.”19 As indicated in Section 15131(a) of the State CEQA Guidelines, economic or social effects of a project shall not be treated as significant effects on the environment unless there is a chain of cause and effect resulting in a physical impact. As a result, none of the possible socioeconomic issues raised in the literature concerning the societal implications of gated communities are further addressed in this EIR. From a crime prevention perspective, it has been noted that excluding crime from one area will merely displace most, if not all, of it to other nearby areas.20 Although gating potentially has the potential to divert crime to other areas, some researchers have found an overall deterrent effect on crime.21 The IFPO notes: “The major question that is asked of gated communities is ‘Do they really keep crime rates down?’ The answer seems to be yes, but only by very little. . .In 17/ Drew, Edward J. and McGuigan, Jeffrey M., Prevention of Crime: An Overview of Gated Communities and Neighborhood Watch, IFPO (http://www.ifpo.org/articlebank/gatedcommunity.htm). 18/ Blakeley, Edward J. and Mary Gail Snyder, Mary Gail, Fortress America: Gated Communities in the United States, 1997, p. 153. 19/ Le Goix, Renaud, The Suburban Paradise or the Parceling of Cities? An Analysis of Discourses, Fears and Facts about the Sprawl of Gated Communities in Southern California, UCLA International Institute, 2001 (http://www.international.ucla.edu/article.asp?parentid=4664). 20/ Blakely, Edward L. and Snyder, Mary Gail, Gating America (http://www.asu.edu/caed/proceedings97/blakely.html). 21/ Helsley, Robert W. and William C. Strange, Gated Communities and the Economic Geography of Crime, Journal of Urban Economics, 46(1), 1999, pp. 80-105. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.2-8 Section 4.2: Population and Housing gated communities, the trend is that crimes against the person go down and stay down in controlled access development. This occurs because the perpetrators do not want to go to an area that they are unfamiliar with and where it might be hard for them to make an escape. . .There is also an issue on access to the communities by emergency vehicles. With more communities being built, and more security codes being used, it is becoming more difficult for emergency personnel to access the gates.”22 As communities become more urbanized, there is concern about a decline in sense of community and increase in fear of crime. One researcher has noted: “Safety is a two-pronged concept. There is the actual crime rate and then there area the residents’ perceptions of safety, usually referred to as fear of crime. Although actual crime rates have been decreasing in recent history, fear of crime is increasing. Fear of crime has been noted to be more widespread than actual crime, and these two factors have been shown to have little correlation. Fear of crime has just as real consequences as actual crime does. Fear negatively affects quality of life over a long period of time, leading people to unnecessarily secure themselves, remove themselves from social activities, and increase levels of distrust of others. . .Implicit in the discussion of sense of community, crime, and fear of crime in gated communities is the issue of territoriality. Territoriality, alone, has been found empirically to be related to lower fear of crime.”23 Physical barriers (not necessarily gates) can and typically do make people feel safer, regardless of the effectiveness of those barriers to affect actual crime rates. In a study conducted comparing two low-income and high-income gated and two non-gated communities in California possessing similar attributes, residents in the high-income gated community reported a significantly lower sense of community and significantly higher levels of perceived safety but no significant difference in actual crime rates compared to their non-gated counterparts.24 4.2.1.3 Local Setting As illustrated in Figure 4.2-1 (Census Tract 4033.04),the project site is located in Census Tract No. 4033.04, which extends from Colima Road and Golden Springs on the north, Brea Canyon Road and the SR-57 Freeway on the east, Pathfinder Road on the south, and Brea Canyon Cutoff Road on the west. Census information concerning both the City and Census Tract 4033.04 is presented in Table 4.2-4 (2000 United States Census Tract Data). 4.2.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant population and housing impact if the project or if project-related activities were to: ♦ Induce substantial 25 population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., extension of roads or other infrastructure). ♦ Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere. 22/ Op. Cit. Prevention of Crime: An Overview of Gated Communities and Neighborhood Watch. 23/ Wilson-Doenges, G., An Exploration of Sense of Community and Fear of Crime in Gated Communities, Environment and Behavior, Volume 32, No. 5, September 2000, pp. 599-600. 24/ Ibid., p. 607. 25/ Certain terms, such as “substantial,” are neither defined in CEQA nor in the State CEQA Guidelines and require a local determination whether a proposed action would meet or exceed the stated standard. South Pointe West City of Diamond Bar, California ♦ Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere.1 In addition, other standards relative to population and housing have been formulated by other agencies, published in source documents, or reflect acceptable industry standards. As indicated in Section 65580(a) of the CGC, the State has established a housing goal of “decent housing and a suitable living environment for every California family.” In recognition and in furtherance of goal, the proposed project would normally be judged to produce a significant population and housing impact if the project or project-related activities were to: ♦ Conflict with or impede the attainment of the Statewide housing goal of providing a decent home and suitable living environment for every California household. ♦ Conflict with or impede the attainment of the housing goals and objectives of the City. Although localized and regional growth projections are presented in the RCPG, SCAG acknowledges that “[t]he distribution of population, housing, and employment to subregions and cities constitute a forecast that public entities are currently anticipating, and do not imply a regional growth distribution policy intervention. The forecasts are a trend base case forecast used for analytical and modeling purposes, and form the basis of the development of SCAG’s functional plans.”2 Although these projections do not establish a “policy intervention,” they serve a role in the formulation of regional plans and policies. In addition, the “CEQA Air Quality Handbook” (SCAQMD, April 1993) contains a number of additional “secondary” criteria against which the SCAQMD recommends that project-related impacts be examined.3 As a result, the proposed project would normally be judged to produce a significant population and housing impact if the project or project-related activities were to: ♦ Exceed the population, housing, and employment projections formulated by the designated regional planning agency for the general project area and for the time period projected for the project’s effectuation. ♦ Result in population increases within the regional statistical area that would be in excess of that projected in the AQMP and in other than planned locations for the project’s build-out year. The Lead Agency has not identified other applicable or potentially applicable standards that can appropriately be extracted from other related policy or other environmental documents and used as the basis for assessing the potential significance of project-related and cumulative population and housing impacts. 4.2.3 IMPACT ANALYSIS Construction Impacts Construction Impact 2-1. Project-related construction will increase the local work force and, through job creation and worker relocation, has the potential to induce short-term population growth in the general project area. Level of Significance before Mitigation: Less than Significant 1/ State of California, State CEQA Guidelines, Section XII (Population and Housing). 2/ Op. Cit., Regional Comprehensive Plan and Guide, p. 3-5. August 2006 Draft Environmental Impact Report 3/ South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993, 6-2 and 6-3. Page 4.2-10 Section 4.2: Population and Housing South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.2: Population and Housing Page 4.2-11 The URBEMIS2002 computer model (Version 3.1) 4 distributed by the South Coast Air Quality Management District (SCAQMD) indicates that single-family and multi-family residential construction typically requires 0.76 and 0.36 workers per unit, respectively. Assuming a 99-unit single-family project, an estimated 75 construction workers might be involved in the project’s construction. As indicated in the California Economic Development Departments’ December 2005 employment report for Los Angeles County, as of November 2005, the civilian labor force in the County was reported as 4,916,000 individuals. The unadjusted unemployment rate for the County was 4.9 percent. The comparable national and Statewide estimates were both 5.0 percent for that same period. Between November 2004 and November 2005, the construction industry showed the second largest year-over employment gain, adding 7,700 jobs. The bulk of the job growth in construction occurred in the specialty trade contractors, adding 5,200 jobs. Specialty trade contractors are primarily contractors who focus on a specific specialty, such as electrical, plumbing, foundation, and renovation.5 As further indicated in Table 4.2-5 (Los Angeles – Long Beach Metropolitan Statistical Area Industry Employment Projections: 2002-2012), within the Los Angeles – Long Beach Metropolitan Statistical Area, substantial growth in the construction industry is anticipated. As such, there exists an adequate regional labor force sufficient to accommodate project-related construction requirements. Table 4.2-5 LOS ANGELES – LONG BEACH METROPOLITAN STATISTICAL AREA INDUSTRY EMPLOYMENT PROJECTIONS: 2002-2012 Annual Average Employment Employment Change NAICS Code Industry Title 2002 2012 Numerical Percentage 23 Construction 134,500 149,700 15,200 11.3 236 Construction of Buildings 31,200 33,900 2,700 8.7 2361 Residential Building Construction 18,100 19,600 1,500 8.3 2362 Nonresidential Building Construction 13,100 14,300 1,200 9.2 237 Heavy and Civil Engineering Construction 14,800 15,800 1,000 6.8 238 Specialty Trade Contractors 88,400 100,000 11,600 13.1 2381 Building Foundation and Exterior Contractors 19,000 23,000 4,000 21.1 2382 Building Equipment Contractors 33,500 37,800 4,300 12.8 2383 Building Finishing Contractors 26,700 29,300 2,600 9.7 2389 Other Specialty Trade Contractors 9,300 9,900 600 6.5 Source: California Economic Development Department 4/ URBEMIS2002 is a software program that allows users to generate estimates of air emissions associated with land use development projects. Users can select from one or more residential, educational, recreational, commercial, and/or industrial land uses. URBEMIS2002 uses land use information to estimate construction, area source, and operational emissions. URBEMIS2002 also estimates emissions from area sources, including space and water heating sources, such as natural gas combustion, wood stoves, and fireplaces, along with consumer products and landscape maintenance equipment. URBEMIS2002 estimates operational on-road emissions using information on vehicle trips and using the California Air Resources Board’s (CARB) EMFAC2002 mobile source emissions model. 5/ California Economic Development Department, Los Angeles-Long Beach-Glendale Metropolitan Division (Los Angeles County), December 16, 2005, pp. 1-2. South Pointe West City of Diamond Bar, California The majority of the resulting workforce required for the project’s implementation will be derived from individuals already residing within the County and the majority of project-related construction jobs will not be filled by recent arrivals. Since the workforce required for the project’s construction can be drawn from the available labor pool, no substantial in-migration of workers from outlying areas is expected. Construction workers may impose short-term demands on local businesses, such as nearby restaurants. Those localized demands will likely cease upon completion of construction activities. A wide range of businesses now exists near the project site. Construction-term demands on those businesses are not anticipated to be so substantial as to warrant business expansion based solely on project-related activities. Since construction jobs are, by definition, short-term in duration, they are generally not the type of employment that predicates substantial increased local demands for goods and services. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Operational Impacts Operational Impact 2-2. Project implementation will result in the addition of 99 dwelling units to the City’s existing housing stock and will increase the City’s population by approximately 326 individuals, based on the existing (January 2005) Citywide vacancy rates and average household size. Level of Significance before Mitigation: Less than Significant Based on the 2000 census data presented in Table 4.2-4 (2000 United States Census Tract Data), the average household size within the City was comprised of 3.18 individuals. Within the census tract area in which the project is located, the average household size is 3.27 individuals. Both Citywide and census tract-specific vacancy rates were identified as 1.7 percent. Based on those factors, the project’s 99 dwelling units would be projected to contain an estimated 309 to 318 individuals. In comparison, in January 2005, as indicated in Table 4.2-1 (California Department of Finance – January 2005 Population and Housing Unit Inventory), the California Department of Finance projects an average Citywide household size of 3.349 individuals and a vacancy rate of 1.71 percent. Based on those factors, the project would contain approximately 326 individuals. As indicated in California Department of Finance estimates, in January 2005, the City’s population was estimated to be 59,953 individuals. The total number of dwelling units was estimated to be 18,177 units. Project implementation would increase the City’s total population and total housing inventory by approximately 0.54 percent. Although the total number of dwelling units now proposed exceeds the adopted SCAG 2005-2010 RHNA for new construction for “above moderate” income households (76 units), the number is less the “moderate” and “above moderate” income categories (103 units) and less than the total identified for all income categories (144 units). As such, the projected increase appears generally consistent with regional projections for housing need within the City. Once inhabited, jobs associated with housing include, but are not limited to, landscape and pool maintenance, interior designers, and associated construction trades. Jobs indirectly related to housing include medical professionals, manufacturers and retailers, and associated service August 2006 Draft Environmental Impact Report Page 4.2-12 Section 4.2: Population and Housing South Pointe West City of Diamond Bar, California providers. Each new residence will, therefore, incrementally increase existing demands for manufacturing, service-related, and professional jobs. In addition, home purchasers typically spend money to furnish their new homes. Citing National Association of Homebuilders (NAHB) statistics, each new homebuyer spends $3,194 on property alterations, $3,632 on furnishings, and $2,079 on appliances during the first year after purchase, representing more than twice the amount that would be expended by non-moving homeowners during that period.6 The increased demands for home furnishing and appliances would create an incremental demand for additional manufacturing, sales, and services jobs both locally and nationally. The incremental impact of the proposed project on long-term employment opportunities is not anticipated to be substantial. The resulting incremental contribution on localized, regional, and national employment opportunities, as associated with the proposed housing construction, would not, in and of themselves, create additional significant secondary housing impacts. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Cumulative Impacts Cumulative Impact 2-3. By increasing the City’s housing stock, absence a corresponding increase in long-term employment opportunities, project implementation, in combination with cumulative development, could contribute to a jobs/housing imbalance. Level of Significance before Mitigation: Less than Significant The intent of a jobs-to-housing discussion is to promote reductions in vehicle miles traveled (VMT) by creating opportunities for residents to find employment close to home and for workers to find housing in proximity to their place of employment. Since the project does not include either a commercial or industrial component, no new long-term job opportunities can be directly attributable to the proposed development. As such, the project will further contribute to the City’s current (1997) “housing rich” status. Since jobs/housing balance is viewed in the context of commute shed, it is appropriate to examine the ratio to jobs-to-housing in a broader subregional context. Because the area governed by the SGVCOG and RSA 26 are projected to remain “jobs rich,” increasing the jobs- to-housing ratio between 1997 and 2025, the proposed project will serve to move the area within the SGVCOG and the area of RSA 26 areas away from their current (1997) and projected (2025) “jobs rich” status and toward a regional jobs-housing balance. To encourage housing production in job-rich areas, SCAG presents the following strategies for policy makers: (1) alleviate roadblocks for infill and conversion of brownfield sites; (2) encourage transit-oriented design; (3) reevaluate zoning policies and rewrite zoning ordinances to make more land available for housing construction; and (4) institute appropriate state and local finance reform to help increase incentives for housing by reducing local government reliance on sales tax revenues.7 As proposed, the Applicant seeks approval of a specific plan. A specific plan is a flexible planning tool whose implementation can alleviate roadblocks to the “systematic implementation of the general plan”8 and allow for the imposition of site-specific zoning policies. 6/ National Association of Home Builders, Housing: The Key to Economic Recovery, Fall 2002, p. 4. 7/ Op. Cit., The New Economy and Jobs/Housing Balance in Southern California, p. 10. Draft Environmental Impact Report August 2006 8/ Section 65450, California Government Code. Section 4.2: Population and Housing Page 4.2-13 South Pointe West City of Diamond Bar, California Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.2.4 PROJECT CONDITIONS AND MITIGATION MEASURES ƒ No project conditions or mitigation measures have been identified by the Lead Agency. 4.2.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS The approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related or cumulative population and housing impacts. August 2006 Draft Environmental Impact Report Page 4.2-14 Section 4.2: Population and Housing South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-1 4.3 GEOTECHNICAL HAZARDS 4.3.1 ENVIRONMENTAL SETTING 4.3.1.1 Regulatory Setting Seismic Hazards Mapping Act Prompted by damaging earthquakes in northern and southern California, in 1990, the State Legislature passed the Seismic Hazards Mapping Act (SHMA), codified in Division 2, Chapter 7.8 of the PRC, which became operative on April 1, 1991. The SHMA was adopted for the purpose of protecting the public from the effects of strong ground shaking, liquefaction, landslides or other ground failure, and other hazards caused by earthquakes. As required therein, the California Department of Conservation, Division of Mines and Geology (DMG), now the California Geological Survey (CGS), was directed to delineate the various "seismic hazard zones" located throughout the State. The State's minimum criteria for projects within zones of required investigation are defined in Title 14, Section 3724 of the CCR. As indicated, in part, therein, a project shall be approved only when the nature and severity of the seismic hazards at the site have been evaluated in a geotechnical report and appropriate mitigation measures have been proposed. When required, the geotechnical report shall: (1) be prepared by a registered civil engineer or certified engineering geologist; (2) contain a site-specific evaluation of the seismic hazard affecting the project; (3) identify portions of the project site containing seismic hazards; and (4) identify any known off-site seismic hazards that could adversely affect the site in the event of an earthquake. Prior to approving the project, the Lead Agency must independently review the report to determine the adequacy of the hazard evaluation and proposed mitigation measures and to determine whether the requirements of Section 3724(a), above, are satisfied. The State Mining and Geology Board’s (SMGB) “Guidelines for Evaluating and Mitigating Seismic Hazards in California, Special Publication No. 117”1 provides guidelines for evaluating and mitigating seismic hazards, other than surface fault rupture, and for recommending mitigation measures as required under Section 2695(a) of the PRC. As defined in Section 2693(c), “mitigation" means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels.” As defined in Section 3721(a), “acceptable level" means that level that provides reasonable protection of the public safety, though it does not necessarily ensure continued structural integrity and functionality of the project.” The project site is located within Sections 17 and 20, Township 2 South, Range 9 West, San Bernardino Base and Meridian (SBBM), as shown in the United States Geological Survey’s (USGS) 7.5-Minute Yorba Linda Topographic Quadrangle.2 The 7.5-minute maps are generally a 1:24,000-scale (1 inch = 2,000 feet) quadrangle series. 1/ State Mining and Geology Board, Guidelines for Evaluating and Mitigating Seismic Hazards in California, Special Publication No. 117, March 13, 1997. 2/ The Yorba Linda Quadrangle encompasses about 60 square miles in eastern Los Angeles, northern Orange, and western San Bernardino Counties in the eastern part of the Los Angeles Basin. The northern two-thirds of the quadrangle is made up of the Puente and Chino Hills, which are crossed by Brea, Tonner, Carbon, and Telegraph Canyons. These major canyons and many smaller intervening ones dissect the upland area and provide drainage to the southwest. The quadrangle lies within the northwestern part of the Santa Ana Mountains in the South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.3-2 Section 4.3: Geotechnical Hazards The applicable section of the State map is presented in Figure 4.3-1 (Official Seismic Hazard Zone Map for a Portion of the 7.5-Minute Yorba Linda Quadrangle). As illustrated, portions of the project site contain the following zone of required investigation 3 : “Earthquake-Induced Landslides – Areas where previous occurrence of landslide movement or local topographic, geological, geotechnical and subsurface water conditions indicate a potential for permanent ground displacement such that mitigation, as defined in Section 2693(c) of the PRC, would be required.” As defined in Section 2693(c) of the PRC: "’Mitigation’ means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels.” As stipulated in Section 3724 of the PRC: “(a) A project shall be approved only when the nature and severity of the seismic hazards at the site have been evaluated in a geotechnical report and appropriate mitigation measures have been proposed. (b) The geotechnical report shall be prepared by a registered civil engineer or certified engineering geologist, having competence in the field of seismic hazard evaluation and mitigation. The geotechnical report shall contain site- specific evaluations of the seismic hazard affecting the project, and shall identify portions of the project site containing seismic hazards. The report shall also identify any known off-site seismic hazards that could adversely affect the site in the event of an earthquake.” As authorized in Section 3725 (Waivers of Geotechnical Report Requirements), under certain conditions, the lead agency may determine that the geological and geotechnical conditions at the site are such that public safety is adequately protected and no mitigation is required. The California Geological Survey (CGS) recently prepared an updated seismic hazard zone report for the Yorba Linda Quadrangles.4 That report summarizes the methods and sources used to prepare the corresponding seismic hazard zone map. As indicated in the “Seismic Hazard Zone Report 010: Seismic Hazard Zone Report for the Yorba Linda 7.5-Minute Quadrangle, Los Angeles, Orange, and San Bernardino Counties, California”: “Landslides triggered by earthquakes historically have been a significant cause of earthquake damage. In California, large earthquakes such as the 1971 San Fernando, 1989 Loma Prieta, and 1994 Northridge earthquakes triggered landslides that were responsible for destroying or damaging numerous structures, blocking major transportation corridors, and damaging life-line infrastructure. Areas that are most susceptible to earthquake-induced landslides are steep slopes in poorly cemented or highly fractured rocks, areas underlain by loose, weak soils, and areas on or adjacent to existing landslide deposits. These geologic and terrain conditions exist in many parts of California, including numerous hillside areas that have already been developed or are likely to be developed in the future. The opportunity for strong earthquake ground shaking s high in many parts of California because of the presence of numerous active faults. The combination of these factors constitutes a significant seismic hazard throughout much of California, including the hillside areas of the Yorba Linda Quadrangle.”5 Peninsular Ranges geomorphic province of southern California. The Whittier Fault transects the quadrangle near the southwestern base of the Puente Hills. The Puente and Chino Hills comprise the upland area north of the fault. 3/ Earthquake-induced landslide zones were delineated using criteria adopted by the SMGB. Under these criteria, earthquake-induced landslide hazard zones are defined as area that meet one or both of the following conditions: (1) areas that have been identified as having experienced landslide movement in the past, including all mappable landslide deposits and source areas as well as any landslide that is known to have been triggered by historic earthquake activity; and (2) areas where the geologic and geotechnical data and analysis indicate that the earth materials may be susceptible to earthquake-induced slope failure. All existing landslides that are mapped as definite or probable are automatically included in the landslide zone of required investigation. 4/ The report and the accompanying preliminary seismic hazard zones map are revisions of the official map released on April 15, 1998 and “Seismic Hazard Zone Report 010” (revised 2001). 5/ California Department of Conservation, Division of Mines and Geology, 2005 Seismic Hazard Zone Report 010: Seismic Hazard Zone Report for the Yorba Linda 7.5-Minute Quadrangle, Los Angeles, Orange, and San Bernardino Counties, California, Division of Mines and Geology, 2005, p. 20. South Pointe West City of Diamond Bar, California NOT TO SCALE Project Area Pathfinder Road/SR-57 Freeway Intersection Figure 4.3-1 OFFICIAL SEISMIC HAZARD ZONE MAP FOR A PORTION OF THE YORBA LINDA QUADRANGLE Source: California Department of Conservation, Divisions of Mines and Geology Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-3 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.3-4 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California With regards to structural geology, the CGC notes that the oldest rock units exposed in the Yorba Linda Quadrangle belong to the late Miocene Puente Formation, which underlies the Puente and Chino Hills. As illustrated in Figure 4.3-2 (Cenozoic Formations of the Coyote- Puente Hills Province), the Puente Formation is comprised of four members: the Sycamore Canyon (which consists of predominately sandstones), Yorba (which consists of predominantly siltstone), Soquel (which consists of predominately sandstone), and La Vida (which consists of predominately siltstones) Members. Figure 4.3-2 CENOZOIC FORMATIONS OF THE COYOTE-PUENTE HILLS PROVINCE Source: Eisentraut, Phyllisa and Cooper, John, Final Report – Development of a Model Curation Program for Orange County’s Archaeological and Paleontological Collections, Part IV Orange County Archaeology and Paleontology Guidelines, October 2002 Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-5 South Pointe West City of Diamond Bar, California As illustrated in Figure 4.3-3 (Quaternary Geologic Map for a Portion of the Yorba Linda Quadrangle), quaternary deposits are located in the canyon bottoms and the low valley areas. They are comprised of Holocene and late Pleitocene alluvium and colluvium (Qvofa), floodplain, stream terrace deposits, and Holocent to modern alluvium (Qya, Qyf), artificial fill (Qaf), and landslides (Qls, Qyls). These materials are poorly sorted and crudely layered. Minor amounts of alluvium occur along the bottom of all canyons in the Puente and Chino Hills. Project Area NOT TO SCALE Pathfinder Road/SR-57 Freeway Intersection Figure 4.3-3 QUATERNAY GEOLOGIC MAP OF A PORTION OF THE YORBA LINDA QUADRANGE Source: California Geological Survey The CGC has prepared a landslide inventory for the Yorba Linda Quadrangle, a portion of which is depicted in Figure 4.3-4 (Landslide Inventory, Shear Test Sample Locations, and Areas of Significant Grading for a Portion of the Yorba Linda Quadrangle). All documented slope failures, whether or not surface expression currently exists, are included in the inventory. Alquist-Priolo Earthquake Fault Zoning Act In 1973, following the 1971 San Fernando earthquake, the State Legislature passed the Alquist- Priolo Earthquake Fault Zoning Act (APEFZA), formerly the Alquist-Priolo Special Studies Zone Act, as codified in Section 2621 et seq. in Chapter 7.5 of Division 2 of the PRC. The APEFZA was adopted to “provide policies and criteria to assist cities, counties, and State agencies in the exercise of their responsibilities to prohibit the location of developments and structures for August 2006 Draft Environmental Impact Report Page 4.3-6 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California human occupancy across the trace of active faults.”6 As defined, an “active fault” is one along which surface displacement has occurred within Holocene time (during the past 11,000 years). Project Area Pathfinder Road/SR-57 Freeway Intersection NOT TO SCALE Figure 4.3-4 LANDSLIDE INVENTORY, SHEAR TEST SAMPLE LOCATIONS, AND AREAS OF SIGNIFICANT GRADING MAP FOR A PORTION OF THE YORBA LINDA QUADRANGLE Source: California Geological Survey The purpose of the APEFZA is to regulate land development near active faults in an effort to mitigate the hazard of surface fault rupture. The law requires the State Geologist to establish regulatory zones, known as earthquake fault zones,7 around the surface traces of active faults and to issue appropriate maps. The maps are then distributed to all affected cities, counties, and State agencies for use in planning and controlling development activities. Under the APEFZA, local agencies must regulate activities within those zones, as defined by an appropriate setback from the fault trace. Pursuant to Section 2623 of the PRC, “cities and counties shall require, prior to the approval of a project, a geologic report defining and delineating any hazard of surface fault rupture. If the 6/ Section 2621.5(a), Chapter 7.5, Division 2, PRC. Draft Environmental Impact Report August 2006 7/ Earthquake fault zones are regulatory zones that encompass surface traces of active faults that have a potential for future surface rupture. Areas that are so designated contain active faults that may pose a risk of surface rupture to existing or future structures. If a property is undeveloped, a fault study may be required before the parcel can be subdivided or before most structures can be permitted. If a property is developed, the APEFZA requires that all real estate transactions within the earthquake fault zone must contain a disclosure of those potential hazards by the seller to prospective buyers. Section 4.3: Geotechnical Hazards Page 4.3-7 South Pointe West City of Diamond Bar, California city or county finds that no undue hazard of that kind exists, the geologic report on the hazard may be waived, with the approval of the State Geologist.” The geologic report required under the APEFZA must meet the criteria and policies established by the SMGB, as codified in Sections 3600-3603, Article 3, Title 14, CCR. The applicable APEFZA map is presented in Figure 4.3-5 (Official Map: Special Studies Zones for a Portion of the Yorba Linda Quadrangle). As illustrated therein, the nearest earthquake fault zone is located south of the project site and is associated with the Whittier fault zone, located about 1.25 miles south of the project site. Uniform Building Code The UBC is published by the International Conference of Building Officials (ICBO), now the International Code Council (ICC), one of three model code groups in the country, and is used by most agencies in California as the basis for their building codes. The UBC defines criteria to be used in construction of structures based on the level of seismic activity in the region. The ICBO (ICC) has subdivided the United States into six seismic regions. The project site is located in UBC Seismic Zone 4. As indicated in the UBC, “[t]he building official may require a geotechnical investigation in accordance with Section 1804.2 and 1804.5 when, during the course of investigation, all of the following conditions are discovered, the report shall address the potential for liquefaction: (1) Shallow groundwater, 50 feet (15,240 mm) or less. (2) Unconsolidated sandy alluvium. (3) Seismic Zones 3 and 4.” Referencing Section 15.00.310 (California Building Code – Adopted) Title 15 (Building and Construction Safety) in the Municipal Code” “Except as hereinafter provided, the California Building Code, 2001 Edition (Part 2 of Title 24 of the California Code of Regulations), and the appendices thereto, which incorporates and amends the Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials, is hereby adopted by reference and incorporated herein as though fully set forth herein and shall constitute the building code of the city. A copy of such code has been deposited in the office of the city clerk and shall be, at all times, maintained by the city clerk for use and examination by the public.” For projects that are not situated within an earthquake hazard zone, as designated by the Alquist-Priolo Earthquake Hazards Act, the provisions of Chapter 16 (Structural Design Requirements) in Division IV of the UBC and the recommendations found in the “Recommended Lateral Force Requirements and Commentary, Seventh Edition” (Structural Engineers Association of California, 1999) are generally considered adequate for the design of structures. City of Diamond Bar General Plan The General Plan includes a number of policies that address, either directly or indirectly, geotechnical hazards and which may be applicable at the project level. Relevant policies include, but may not be limited to, the following: ƒ Limit grading to the minimum necessary (Strategy 3.3.4, Land Use Element). ƒ Require that all manufactured slopes be landscaped and that, where practical, landform grading and planting techniques be implemented in the construction of manufactured slopes (Strategy 3.3.5, Land Use Element). August 2006 Draft Environmental Impact Report Page 4.3-8 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-9 ƒ Minimize the potential for loss of life, physical injury, and property damage from seismic groundshaking and other geologic hazards (Objective 1.1, Public Health and Safety Element). ƒ As required by the Uniform Building Code, require site-specific geotechnical investigation be performed to determine appropriate design parameters for construction of public and private facilities in order to minimize the effects of any geologic and seismic hazard on such development (Strategy 1.1.2, Public Health and Safety Element). City of Diamond Bar Municipal Code As stipulated under Section 22.16.030(a)(3) in Title 22 (Development Code) of the Municipal Code, the area disturbed by clearing, demolition, earth-moving, excavation operations, or grading shall be the minimum required to implement the allowed use. As further indicated in Section 21.30.060, new subdivisions shall be designed so that all proposed grading incorporates appropriate erosion and sediment control measures in compliance with Section 18.108.190 of the Municipal Code. As further stipulated in Section 22.22.080 (Grading), landform grading techniques are promoted. As specified therein, the following standards define basic grading techniques that are consistent with the intent of this chapter and avoid unnecessary cut and fill. Limitations on project grading amounts and configurations will be decided on a case-by-case basis under the conditional use permit process. Ordinance-specified landform grading techniques, grading standards, and grading guidelines are outlined in Section 22.22.080(a)-(c) of the Municipal Code. 4.3.1.2 Regional Setting Regional Setting The project site is located near the northern margin of the Peninsular Ranges geomorphic province. This geomorphic province is an approximately 900-mile long northwest-southeast trending structural block extending southeasterly from the San Gabriel Mountains into Baja California, Mexico and includes the Los Angeles Basin. The Peninsular Ranges are distinguished from surrounding provinces by their northwest-trending mountains and valleys. The ranges lie to the south and west of the northwest-trending San Andreas fault system. Active deformation is expressed as slip along a three-dimensional system of interacting faults. The site is located near several faults and blind thrusts with slip rates between 1-3 millimeters/year (mm/yr) and about 50 kilometers (km) from a section of the San Andreas fault with a slip rate between 25-35 mm/yr.1 As indicated in Figure 4.3-6 (Fault Map of Central Transverse Ranges), Figure 4.3-7 (Fault Map of San Gabriel Basin), and Figure 4.3-8 (Shaded Relief Map), the project site is located in the Puente Hills, a northwesterly trending series of hills located between the Chino Basin to the northeast and the active Whittier fault and coastal plain to the southwest. The Puente Hills are generally of moderate relief and are underlain primarily by marine sedimentary rocks, several thousands of feet thick, of tertiary age. 1/ Peterson, Mark D., et al., Open-File Report 96-08, Probabilistic Seismic Hazard Assessment for the State of California, California Department of Conservation, Division of Mines and Geology, 1996. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Project Area Pathfinder Road/SR-57 Freeway Intersection Figure 4.3-5 OFFICIAL MAP SPECIAL STUDIES ZONES FOR A PORTION OF THE YORBA LINDA QUADRANGLE Source: California Department of Conservation Page 4.3-10 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Project Area Figure 4.3-6 FAULT MAP OF CENTRAL TRANSVERSE RANGES Source: Tectonics of the San Gabriel Basin and Surrounding, Southern California, Geologic Society of America Bulletin, September/October 2004 Figure 4.3-7 FAULT MAP OF SAN GABREIL BASIN Source: Tectonics of the San Gabriel Basin and Surrounding, Southern California, Geologic Society of America Bulletin, September/October 2004 Project Area Section 4.3: Geotechnical Hazards Page 4.3-11 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Project Area Legend: Chino fault (CF), Rio Hondo (RH), San Gabriel River (SGR), San Jose Hills (SJH), Santa Ana Mountains (SAM), Santa Ana River (SAR), Whittier Heights fault (WHF), Workman Hills fault (WoHF) Figure 4.3-8 SHADED RELIEF MAP Source: The Whittier Fault Trend: Cross Sections, Structure Maps, and Well Tops in the Major Oil Producing Area of the Northeastern Los Angeles Basin, 2003 The Puente Hills are located west and northwest of the Peninsular Ranges and southeast of the Central Transverse Ranges but are not clearly associated with either geomorphic province. From north to south, the Puente Hills anticline, the Whittier fault, and the La Habra syncline characterize the structural setting of the Puente Hills. Basement rocks that underlie the Puente Hills exhibit as much as 14,000 feet of vertical separation due to folding and offset along the Whittier fault.9 The Los Angeles and San Gabriel Basins are transitional between the east-trending Transverse Ranges on the north, dominated by reverse faulting, and the northwest-trending Peninsular Ranges on the south dominated y right-lateral strike-slip faulting. As reported by Yeats: The San Gabriel Basin gives way eastward to anticlinal hills of the northern Puente Hills and San Jose Hills, including the Walnut and San Jose anticlines, both of which plunge westward toward the basin. The anticlinal hills are separated from nearly flat-lying strata of the San Gabriel Basin by the left-lateral (?) Walnut Creek fault, discovered through analysis of water-well data. The Walnut Creek fault does not continue southwest across the northwest Puente 9/ Bjorklund, Tom, The Whittier Fault Trend: Cross Sections, Structure Maps, and Well Tops in the Major Oil Producing Area of the Northeastern Los Angeles Basin, Search and Discovery Article #10038, 2003 (http://www.searchanddiscovery.com/documents/whittier/index.htm). Page 4.3-12 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-13 Hills. The part of the Puente Hills may be anticlinal, too, but most of the south flank of the anticline is truncated at the Whittier fault. The northwest Puente Hills are cut by the northwest-striking Workman Hill [WHF] and Whittier Heights [WHF] faults and the north-striking Handorf fault [HF] all of which lose dip separation northward in the San Gabriel Basin.10 Active northwest-trending faults in the general project area include the Whittier-Elsinore, Newport-Inglewood, and Palos Verdes faults. Active east-west-trending faults include the Malibu-Santa Monica-Raymond Hills fault system at the northern edge of the basin. These faults are believed to interact via a subsurface system of horizontal detachments and thrust ramps at a depth of about 10-15 kilometer. Several active fault zones in the region have produced damaging historic earthquakes, including the 1933 Long Beach earthquake, 1971 San Fernando earthquake, 1987 Whittier Narrows earthquake, and 1994 Northridge earthquake.11 A complex system of buried, low angle reverse (thrust) faults underlie the Los Angeles metropolitan area. These buried thrust faults have not caused past surface ruptures but have caused several historic earthquakes, including the 1987 Whittier Narrows (recently associated with the Puente Hills blind-thrust system). The Puente Hills blind-thrust system (PHT), discovered in 1999, is considered to comprise three segments (Los Angeles, Santa Fe Springs, Coyote Hills), each of which may behave independently or may break along their entire length in one event. In 2003, a study led by Southern California Earthquake Center (SCEC) researchers at the University of Southern California (USC) found that the fault had ruptured at least four times in the last 11,000 years, with magnitudes ranging from 7.2 to 7.5.12 Each of these three PHT segments is capable of generating a magnitude 6.5 - 6.6 earthquake individually or a magnitude 7.0 - 7.1 earthquake if they were to rupture simultaneously.13 The PHT fits the classification of a Type B fault (magnitude >6.5).14 In order to more thoroughly illustrate existing geologic conditions, a number of additional geologic maps were examined, including: (1) “Geologic Map of the Yorba Linda/Prado Dam Quadrangles (Eastern Puente Hills), Los Angeles, Orange, San Bernardino, and Riverside Counties, California,”15 a portion of which is included as Figure 4.3-9 (Geologic Map for a Portion of the Yorba Linda/Prado Dam Quadrangles); and (2) “Preliminary Digital Geologic Map of the Santa Ana 30' x 60' Quadrangle,”16 a portion of which is included as Figure 4.3-10 (Geologic Map for a Portion of the Santa Ana 30’ x 60’ Quadrangle). 10/ Yeats, Robert S., Tectonics of the San Gabriel Bain and Surroundings, Southern California, Geological Society of America Bulletin, September/October 2004, p. 10. 11/ Cooke, Michele L. and Kameda, Ayako, Mechanical Fault Interaction within the Los Angeles Basin: A Two-Dimensional Analysis using Mechanical Efficiency, Journal of Geophysical Research, Vol. 107, No. B7, July 26, 2002. 12/ Southern California Earthquake Center, Major Losses of Up to $250 Billion Projected on Earthquakes on Puente Hills Fault under Los Angeles (http://www.scec.org/research/050525puentehills.html). 13/ Pratt, Thomas L, et al., Shallow Seismic Imaging of Folds above the Punte Hills Blind-Thrust Fault, Los Angeles, California, Geophysical Research Letters, Vol. 29, No. 9, 1304, 2002, p. 18-1; Shaw, John H., et al., Puente Hills Blind-Thrust System, Los Angeles, California, Bulletin of the Seismological Society of America, Vol. 92, No. 8, December 2002, pp. 2958-2959. 14/ Field, Edward H. et al., Loss Estimates for a Puente Hills Blind-Thrust Earthquake, Los Angeles, California, Earthquake Spectra, Vol. 21, Issue 2, May 2005, pp. 329-338. 15/ Dibblee, T. W., Geologic Map of the Yorba Linda/Prado Dam Quadrangles (Eastern Puente Hills), Los Angeles, Orange, San Bernardino, and Riverside Counties, California, Dibblee Geological Foundation Map #DF-75, March 2001. 16/ Morton, D.M., Preliminary Digital Geologic Map of the Santa Ana 30' x 60' Quadrangle, Southern California, Open-File Report 99-172, United States Geological Survey, 2004. South Pointe West City of Diamond Bar, California As illustrated, the project site is underlain by sedimentary bedrock consisting of sandstone and siltstone of the Puente Formation. The bedrock units have been tilted by folding as the Puente Hills were being uplifted and deformed. The bedding in the Puente Formation exposed in the area generally dips shallowly towards the north and northwest, producing apparent out-of-slope dips in the predominately north-facing slopes on the project site. Debris flows are a common and widespread phenomenon during periods of intense winter rains in southern California. Debris flows originate as small, shallow landslides, commonly referred to as soil slips. Most soil slips initiate as debris slide blocks with a form of an elliptical-shaped slab. The soil-slip susceptible map represents a preliminary regional assessment of the relative susceptibility for initiating soil slip-debris flows during periods of intense winter rains.17 As indicated on the USGS’ “Preliminary Soil-Slip Susceptibility Maps, Southwestern California,” a portion of which is included as Figure 4.3-11 (Preliminary Soil-Slip Susceptibility Map for a Portion of the Santa Ana 30’ x 60’ Quadrangle), the project site has a low to moderate soil slip susceptibility potential.”18 The USGS analysis suggests that, based on soil type, slope gradient, and drainage conditions, there exists a moderate potential for debris flows in the natural gullies and canyons on the project site. 4.3.1.3 Local Setting The project site is located on the north flank of the Puente Hills and is underlain by sedimentary bedrock consisting of sandstone and siltstone of the Puente Formation. These bedrock units have been tilted by folding as the Puente Hills were being uplifted and deformed. Exposed bedding in the Puente Formation generally dips shallowly towards the north and northwest, producing apparent out-of-slope dips in the predominately north-facing slopes of the site.19 Natural Hazard Mitigation Plans On October 30, 2000, the Disaster Mitigation Act of 2000 (DMA) was signed into law, amending the Robert T. Stafford Disaster Assistance and Emergency Relief Act of 1988. Among other things, this legislation reinforces the importance of pre-disaster infrastructure mitigation planning to reduce disaster losses and is aimed primarily at the control and streamlining of the administration of federal disaster relief and programs to promote mitigation activities. The DMA requires that cities, counties, and special districts have a local hazard mitigation plan to be eligible to receive Federal Emergency Management Agency (FEMA) hazard mitigation funds. DMA, as stipulated in the interim final rule,20 stipulates that communities have an all hazards mitigation plan in place by November 1, 2004 in order to qualify for future funding under FEMA’s Hazard Mitigation Grant Program (HMGP). In October 2004, the City approved the “City of Diamond Bar Natural Hazards Mitigation Plan” (NHMP) establishing the City’s strategy to put into practice improvements and programs to lessen community impacts in the event of natural hazard events.21 17/ Soil slips pose relatively little hazard at those sites of initial failure but the debris flows that form can be a serious hazard to people and structures in their flow paths. The maps depict only the points of origin of soil slips and do not address the subsequent course of a debris flow or the distance a debris flow would travel. 18/ Morton, D.M., Alvarez, R.M., and Campbell, R.H., Preliminary Soil-Slip Susceptibility Maps, Southwestern California, Open-File Report 03-17, United States Geological Survey, 2003, Plate 5 and p. 11. 19/ Vincente Geotechnical Services, Summary of Available Geotechnical Information and Evaluation of Geotechnical Constraints, South Pointe West Site, Walnut Valley Unified School District, Diamond Bar, California, January 20, 2004, pp. 6-7. 20/ United States Government Printing Office, Federal Register, Volume 67, Number 38, February 26, 2002, pp. 8844-8854. August 2006 Draft Environmental Impact Report 21/ City of Diamond Bar, City of Diamond Bar Natural Hazards Mitigation Plan, October 5, 2004, p. 3. Page 4.3-14 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California Page 4.3-16 Section 4.3: Geotechnical Hazards August 2006 Draft Environmental Impact Report Figure 4.3-10 GEOLOGIC MAP FOR A PORTION OF THE SANTA ANA 30’ X 60’ QUADRANGLE Source: United States Geological Survey Project Area Pathfinder Road/SR-57 Freeway Intersection Project Area Pathfinder Road/SR-57 Freeway Intersection Figure 4.3-11 PRELIMINARY SOIL-SLIP SUSCEPTIBILITY MAP FOR A PORTION OF THE SANTA ANA 30’ X 60’ QUADRANGLE Source: United States Geological Survey South Pointe West City of Diamond Bar, California Specific goals and objectives outlined in the NHMP include, but are not limited to: (1) Reduce the potential for life loss, injury and economic damage to Diamond Bar residents (Goal 1.1); (2) Recognize the potential for greater impacts in hillside development and urban wildland interace in emergency response and mitigation planning (Objective 1.1.3); (3) Minimize losses to existing property and reduce potential for damage to future development (Goal 1.3); (4) Coordinate land use plans and regulations to direct development away, or buffer development from, areas and site-specific hazards (Objective 1.3.1); and (5) Balance natural resource management, and land use planning with natural hazard mitigation to protect life, property and the environment (Goal 3.1). Information on earthquake, earth movement, floods, wildfires, and windstorm hazards are addressed in the NHMP. With regards to the hazards imposed by earthquakes and earth movement, the NHMP notes that the Los Angeles Basin is crisscrossed by numerous regional earthquake faults, which divide it into smaller geologic “blocks.” The City is located near the southern border of the Northeastern Block. As indicated in the NHMP: The southern border of this block is defined by the Whittier fault, just south of the City’s sphere of influence (Tonner Canyon). The San Gabriel Mountains and the active San Andreas and Cucamonga faults form the northern border of the block, while the Puente Hills and the potentially active Chino fault border it on the east. . .The Northeastern Block contains six active regional faults: the San Andreas, Newport-Inglewood, Raymond Hill, San Fernando, Whittier and Norwalk faults. It also contains seven potentially active faults: the San Gabriel, Santa Monica, Sierra Madre, San Jose, Malibu Coast, Verdugo and Walnut Creek faults. Of these, only the nearby Whittier fault zone has been mapped in the immediate vicinity of the City; in Tonner Canyon near the 57 Freeway, immediately south of the City’s sphere of influence.22 The primary seismic hazards associated with earthquakes are ground rupture and ground shaking. Ground rupture, such as seismic fissures, refers to displacement of the ground along a fault which can occur during strong earthquakes. . .The California Division of Mines and Geology analyzed potential major seismic activity in Southern California in a special report in 1982, and found that the possibility of actual ground rupture in Diamond Bar was low. By far the most widespread effect and the greatest cause of damage in an earthquake is ground shaking. The intensity of this shaking depends on several factors, including the magnitude of the earthquake, distance from the earthquake epicenter, and underlying soil conditions. . .In addition to primary hazards, ground shaking can induce several kinds of secondary seismic hazards depending on the type of local soil conditions present. Secondary seismic hazards include liquefaction, differential settlement, landslides and seiches. In addition, ground shaking may also induce the treat of fire by damaging or destroying natural gas or electrical utility lines.23 The NHMP contains the following specific reference to the May 1995 Morning Sun Landslide: “As a result of heavy rains a landslide occurred in Rowland Heights unincorporated area of Los Angeles County and the City of Diamond Bar. A state of local emergency was declared by the City as well as by the Los Angeles County Board of Supervisors. This event became known as 22/ Ibid., p. 69. Draft Environmental Impact Report August 2006 23/ Ibid., pp. 75-77, and 79. Section 4.3: Geotechnical Hazards Page 4.3-17 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.3-18 Section 4.3: Geotechnical Hazards the Morning Sun Landslide. The slide area was within the jurisdictional boundaries of the City but the property on which the geological movement originated is owned by the Walnut Valley Unified School District. The landslide displaced some six hundred thousand cubic yards of earth but no one was injured and only a few of the approximately 20 property owners along Morning Sun suffered damage to their homes.”24 As a result of that event, the City established a “Restricted Use Area” designation that includes both a portion of the subject property and other areas located to the east and to the south of the project site. In accordance with the NHMP, “[a]n applicant must submit a request to construct in a Restricted Use Area. If the applicant can resolve any and all drainage and/or geologic issues and satisfy the City Geologist and City Engineer that a factor of safety greater than 1.5 can be established, approval will be granted with appropriate conditions of approval. This does not remove the Restricted Use Area designation. If a factor of safety of 1.5 cannot be proven, the City may still consider some approvals with appropriate conditions and a signed and recorded covenant and agreement. Only non-habitated structures may be built in Restricted Use Areas.”25 Soil Survey As indicated by the Natural Resources Conservation Service, a division of the United States Department of Agriculture, and as illustrated in Figure 4.3-12 (Soils Survey Map), the project site contains two soils associations: San Andreas-San Benito association, 30-75 percent slope, eroded and Altamont-Diablo association, 9 to 30 percent slope, eroded.26 The San Andreas- San Benito association, 30-75 percent slope, eroded soils occur on steep to very steep mountainous areas between 200 and 1500 feet AMSL. This association is comprised of about 50 percent San Andreas, 30 percent San Benito, and 5 percent Balcom, Castaic, Diable, and Saugus soils. Soils within the San Andreas series consist of well-drained soils having moderate subsoil permeability. They have grayish-brown to brown, neutral, and medium acidity and fine sandy loam surface layers about 15-inches thick. Natural vegetation is generally dominated by thick brush or annual grasses and forbs. The San Benito soil series is well-drained soils and have moderately slow subsoil permeability. The Altamont-Diablo association, 9 to 30 percent slope, eroded soils occur on strongly sloping to moderately steep hilly areas between sea level and 1300 feet above mean sea level (AMSL). This association is comprised of approximately 60 percent Altamont soils, 30 percent Diablo soils, and 10 percent San Benito soils. Soils within the Altamont soil series consist of well- drained soils having slow subsoil permeability. They are dark brown, neutral, clay surface soils approximately 12-inches thick, underlain by brown, calcareous clay subsoils. The Diablo soils series are well-drained soils having slow subsoil permeability, have dark grey, neutral, clay surface layers approximately 20-inches thick, and are underlain by dark grayish-brown strongly calcareous clay subsoils. Natural vegetation consists of annual grasses and forbs. Geotechnical Investigations A number of geotechnical studies have been conducted by the WVUSD and by others. In 2004, the WVUSD contracted with a geotechnical firm to review and summarize the findings of those 24/ Ibid., p. 100. 25/ Ibid., p. 105. 26/ United States Department of Agriculture Natural Resources Conservation Service, Report and General Soil Map Los Angeles County California, June 1967, revised December 1969. South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-19 earlier investigations. The findings of those previous studies were outlined in the “Summary of Available Geotechnical Information and Evaluation of Geotechnical Constraints, South Pointe West Site, Walnut Valley Unified School District, Diamond Bar, California” (Vincente Geotechnical Services, January 20, 2004). As indicated therein, the project site and surrounding slopes are underlain by natural soils, colluvium, significant thickness of man-made fills, and Puente Formation bedrock.27 The topsoil and colluvium are present on the natural slopes and generally consist of silty sand, clayey sand, and sandy lean clays. These deposits are reported to range in thickness from 1 to 5 feet, and occasionally to ten feet. Undocumented man-made fill is reported underlying the existing Larkstone detention basin. The fill was found to consist primarily of silty sand and clayey sand which was medium dense to dense. Dark brown organic-laden soil, similar to topsoil and colluvium, were observed between the fill and the bedrock under the detention basin. The presence of topsoil or colluvium suggested that the original canyons were not cleaned out prior to the fill placement. The topsoil and colluvium can be porous and contain clays, both of which contribute to compression upon wetting. The project site is neither located within a designated Alquist-Priolo Earthquake Fault Zone nor in a designated liquefaction hazard zone. The nearest active fault is the Class B 28 Whittier fault zone. Probabilistic peak horizontal ground acceleration is nearly 0.5 g. Deterministic peak horizontal ground acceleration is about 0.5 g. Most of the slopes within the project site are mapped by the CDMG 29 as being generally susceptible to landslides or slope instability. Generally susceptible areas are defined as being slopes that are at or near there stability limits due to a combination of weaker materials underlying the slopes and steeper slopes. In describing the May 1995 landslide, the report noted that, following approximately a month of slow, progressive distress, consisting of pipe break, deformation of street pavement, and cracking of the curb along the east side of Morning Sun Avenue, the landslide began moving at a rate of inches to feet per hour. The movement produced a large landslide scarp and graben at the head of the east margin of the landslide. During the emergency grading conducted to stabilize the landslide, slide material was removed from the head of the landslide to reduce the driving force of the slide. The material removed from the landslide was placed in a landslide removal stockpile area, as illustrated in Figure 4.3-13 (Morning Sun Landslide). During geotechnical investigations into the landslide removal stockpile site, collected geologic data suggested that a weak shear plane or landslide plane might project under the disposal site. The boundaries of the postulated ancient landslide are shown in Figure 4.3-14 (Postulated Ancient Landslide). Remediation of the Morning Sun landslide and disposal fill area took place in two phases during 1996 and 1997. The Phase I grading consisted of removal of most of the landslide debris in the western portion of the WVUSD property, excavation of a shear key, placement of subdrains, and construction of an engineered buttress fill. The Phase II grading consisted of partial removal and recompaction of the 1995 emergency grading stockpile and its replacement with a buttress fill. 27/ The project site is underlain by marine sedimentary bedrock described as the Soquel Member of the Puente Formation. The Soquel Member consists primarily of fine to medium-grained arkosic sandstone containing intervals comprised of interbedded siltone, fine sandstone, thin claystone, and mudstone. 28/ In California, known active surface faults are classified in the 1997 UBC as “A-faults,” “B-faults,” and “C- faults.” An A-fault is the most destructive and a C-fault is the least destructive. The slip rate and maximum magnitude of earthquakes associated with a fault are the basis for the categories. Category A faults, such as the San Andreas (Mojave), exhibit magnitudes of 7.0 or greater and slip rates of at least 5 millimeters (>5mm) per year. Category B faults, such as the Newport-Inglewood, Northridge, and San Gabriel, fall in the magnitude 6.5 to 7.0 range with slip rates varying depending on maximum magnitude. C-faults are not capable of producing large magnitude earthquake. 29/ Tan, S.S., Landslide Hazards in the Puente Hills and San Jose Hills, Southern California, Open File Report 88-21, California Department of Conservation, Division of Mines and Geology, 1988. South Pointe West City of Diamond Bar, California Figure 4.3-12 SOIL SURVEY MAP Source: Natural Resources Conservation Service August 2006 Draft Environmental Impact Report Page 4.3-20 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California Figure 4.3-13 MORNING SUN LANDSLIDE Source: Vicente Geotechnical Services Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-21 South Pointe West City of Diamond Bar, California Figure 4.3-14 POSTULATED ANCIENT LANDSLIDES Source: Vicente Geotechnical Services Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-22 South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-23 The Applicant subsequently submitted and the City has independently reviewed a project- specific geotechnical investigation conducted to assess the geotechnical feasibility of the proposed development. Based on the findings of the City’s independent third-party review of the Applicant’s initial geotechnical report, in response to the Lead Agency’s comments thereupon, the Applicant submitted additional project-specific geotechnical information addressing existing site conditions and assessing the project’s geotechnical feasibility. Those reports reviewed in the preparation of this analysis include, but may not be limited to, “Updated Geotechnical Investigation and Preliminary Grading Study Review South Pointe West Residential Development Diamond Bar, California, Volumes I-II” (Harrington Geotechnical Engineering, Inc., July 5, 2006), “Debris Flow Issues Response to Third Party Review of Technical Documents for Draft Environmental Impact Report, South Pointe West Residential Development, Diamond Bar, California” (Harrington Geotechnical Engineering, Inc., May 1, 2006), “Geotechnical Issues Response to Third-Party Review of Technical Documents for Draft Environmental Impact Report, South Pointe West Residential Development, Diamond Bar, California, Volumes I-III” (Harrington Geotechnical Engineering, Inc., January 10, 2006), “Response to Engineering Geologic Review of Geotechnical Investigation and Preliminary Grading Study, South Pointe West Residential Development, Diamond Bar, California” (Harrington Geotechnical Engineering, Inc., October 25, 2005), “Engineering Geologic Review, Geotechnical Investigation and Preliminary Grading Study Review, South Pointe West Residential Development, Diamond Bar, California” (KFM Geoscience, October 14, 2005), “Supplemental Geotechnical Investigation and Preliminary Grading Study Review, South Pointe West, Residential Development, Diamond Bar, California” (Harrington Geotechnical Engineering, Inc., September 1, 2005), “Supplemental Geotechnical Investigation and Preliminary Grading Study Review, South Pointe Residential Development, Diamond Bar, California” (Harrington Geotechnical Engineering, Inc., September 29, 2004), and “South Pointe West Property Bid Package” (Vicente Geotechnical Services, Penco Engineering, Inc., and Parker & Covert, January 28, 2004). Those technical studies, in combination with the City’s independent analysis, serve, in part, as the basis for this environmental assessment.30 As described in the “Updated Geotechnical Investigation and Preliminary Grading Study Review South Pointe West Residential Development Diamond Bar, California, Volumes I-II” (Harrington Geotechnical Engineering, Inc., July 5, 2006), bedrock underlying the site is mapped as the Soquel Member of the Puente Formation, a marine sedimentary rock of Miocene age. The bedrock is mantled by native surficial deposits, including residual soil and colluvium on the ridges and hillsides, alluvium in the canyon bottoms, and a limited amount of landslide deposits. 30/ In addition to those reports that were reviewed in the preparation of this EIR, a number of additional site- specific geotechnical investigations have been undertake by others in order to assess the geologic conditions affecting the project site. Those reports included, but may not be limited to: (1) “Engineering Geologic Review, Geotechnical Investigation and Preliminary Grading Study, South Pointe West Residential Study, Diamond Bar, California” (KFM Geoscience, October 14, 2005); (2) “Evaluation of Geotechnical Constraints, South Pointe Parcels, Diamond Bar, California” (Bing Yen & Associates, August 20, 2002); (3) “Final Compaction Report Morning Sun – Phase II Grading, Diamond Bar, California” (Woodward-Clyde Consultants, February 27, 2001); (4) “As Graded Compaction Report, Basin Grading and Storm Drain Improvements, Morning Sun Landslide Site, Diamond Bar, California” (Bing Yen & Associates, January 24, 2001); (5) “Geotechnical Recommendations Site Grading and Storm Drain Improvements, Morning Sun Landslide Site, Diamond Bar, California” (Bing Yen & Associates, January 19, 1999); (6) “Final Compaction Report Morning Sun Landslide, Phase I, Diamond Bar, California” (Woodward-Clyde Consultants, July 17, 1998); (7) “Addendum 1 to the Morning Sun Landslide Emergency Response, Geologic/Geotechnical Report, Diamond Bar, California” (Woodward-Clyde Consultants, August 29, 1996); (8) “Geotechnical Investigation of Inferred Ancient Landslide East of Morning Sun Landslide, Diamond Bar, California, August 22, 1996); (9) “Findings of Landslide Investigation, Tract 51253, Morning Sun Avenue, Diamond Bar, California” (Triad Geotechnical Consultants, May 23, 1995); and (10) “Landslide Evaluation and Earthwork Review, Proposed Off-Site Excess Fill Disposal”(Baca Associates, July 30, 1994). South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.3-24 Section 4.3: Geotechnical Hazards The bedrock is also mantled by significant quantities of both engineered fill and non-engineered fill. Brief descriptions of the bedrock and soil units are presented below. ƒ Bedrock (Soquel Member – Puente Formation). In the vicinity of the project site, the Soquel Member is composed of interbedded shaley siltstone, less frequent claystone, and fine to medium grained, micaceous sandstone. The bedrock is divided into two main types: thin to medium-bedded and well-bedded sandstone and siltstone and massive to poorly-bedded sandstone with few interbeds of siltstone. The bedrock has been disrupted by many inactive faults with minor offsets and by folding, both of which have resulted in somewhat variable bedding orientation across the site. Bedding is, however, generally consistent enough to indicate that west and north facing cut and natural slopes will generally expose out-of-slope bedding.31 ƒ Residual Soils and Colluvium. Natural ridges and hillsides on the site are mantled with a variable thickness of sandy and silty, somewhat organic, clay derived by weathering of the underlying bedrock. Relatively thick colluvium was found in the northwest corner of the project site, beneath undocumented fills in the Larkstone Detention Basin area and in the vicinity of an unnamed detention basin near the east-middle portion of the site. In general, these deposits are potentially compressible. ƒ Alluvium. Alluvium is present in two small canyon areas in the northwest corner of the site. Where investigated, the deposits were approximately 12-feet thick and consisted of loose silty sand. Thicker deposits can be anticipated in the larger canyon traversing the middle of the project site. These deposits are considered potentially compressible. ƒ Non-Engineered Fills. Non-engineered or undocumented fills are present in the vicinity of the Larkstone Detention Basin adjacent to Larkstone Drive in the northeast corner of the site and in the vicinity of the unnamed detention basin located along the eastern margin of the site. Dark grey soils with traces of organic material were encountered in the lower portions of the fill, overlying bedrock. Near the south margin of the fill, loose fill with construction debris over loose, relatively dry colluvium was encountered, indicating non-removal of potentially compressible materials prior to fill placement, as well as poorly compacted fill material. Laboratory test results indicate a highly variable relative compaction of these fills, ranging from 77 to 92 percent. The unnamed detention basin located on the eastern margin of the site contains significant quantities of non-engineered and undocumented fill.32 Test results of the fill indicated relative compaction ranging from 80 to 92 percent. ƒ Engineered Fills. The majority of engineered fill at the project site was placed under observation/testing during remediation of the May 1995 landslide. The fill placed consisted of Phase I and II buttress slopes and building pad areas, the Phase II 31/ Out-of-slope bedding refers to inclined sedimentary bedrock that has bedding inclined shallower than the slope that they underlie. 32/ These fills were placed during emergency remediation of the May 1995 landslide near Morning Sun Avenue and were placed over potentially compressible native materials. No particular effort was made to compact the fill nor was compression testing performed during fill placement. South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-25 southeast buttress, and the main canyon fill.33 These fills were placed to buttress slopes and landslides and to prepare buildable areas. The compaction and slope stability standards uses were in accordance with applicable standard grading practices. An extensive system of subdrains was installed during fill placement. The maximum thickness of fill placed during the Phase I and II grading was approximately 90 feet. The fills are primarily silty sands, silty clays, and sandy clays with a relative compaction ranging from 87 to 96 percent. Portions of the May 1995 landslide were only partially removed during remedial grading. In February 2005, the landslide again activated and damaged Morning Sun Avenue and underground improvements. The limits of the landslide deposits remaining on the site are shown in Figure 4.3-15 (Geotechnical Map/Grading Plan). The landslide debris, which ranged in thickness from 6 to 18.5 feet, consisted of broken and jumbled sandstone and siltstone bedrock of the Puente Formation. These deposits can be readily excavated and the materials are suitable for use as compacted fill. In addition, two older inactive landslides are present south of Larkstone Drive. The landslide deposits are primarily surficial colluvium soils. As indicated in “Geotechnical Issues Response to Third-Party Review of Technical Documents for Draft Environmental Impact Report, South Pointe West Residential Development, Diamond Bar, California, Volumes I-III” (Harrington Geotechnical Engineering, Inc., January 10, 2006) and in “Updated Geotechnical Investigation and Preliminary Grading Study Review South Pointe West Residential Development Diamond Bar, California, Volumes I-II” (Harrington Geotechnical Engineering, Inc., July 5, 2006), based on boring data, when present, groundwater depth ranged from 20 to 72 feet. Additional information addressing the site’s existing geologic, geotechnical, seismic, and soils setting and the project’s potential geologic, geotechnical, seismic, and soils impacts is presented in Appendix II-A (Geotechnical Investigation). Phase I Environmental Site Assessments The Applicant submitted and the City has independently reviewed a Phase I environmental site assessments (ESA) conducted to assess the presence of hazardous materials and petroleum products on the project site. Based on the findings of the City’s independent third-party review of the Applicant’s ESA, in response to the Lead Agency’s comments thereupon, the Applicant submitted additional project-specific information addressing the potential presence of those materials. Those reports, entitled “Phase I Environmental Site Assessment, South Pointe West Residential Development, 31-Acre Vacant Parcel Located South of Larkstone Drive and Peaceful Hills Road, Diamond Bar, California” (ENVIRON International Corporation, December 20, 2004) and “Phase I Environmental Site Assessment, South Pointe West Residential Development, 31-Acre Vacant Parcel, 7 Acre Park Parcel & 14 Acre Fill Parcel Located South of Larkstone Drive and Diamond Pointe Lane, Diamond Bar, California” (ENVIRON International Corporation, November 28, 2005), in combination with the City’s independent analysis, serve as the basis for this environmental assessment. 33/ The Phase I grading consisted of the removal of most of the landslide debris within the WVUSD property, excavation of a shear key, placement of subdrains, and construction of an engineered buttress fill. The configuration of the graded slopes and finished grade elevation of the intermediate pad were designed to disrupt continuity of relatively weak beds and to support the out-of-slope bedding in the backcut with engineered fill and force deep- seated potential slip surfaces deep enough so that a minimum static, long-term factor of safety of 1.5 was achieved. The Phase II grading completed with the WVUSD property consisted of partial removal and recompaction of the 1995 emergency grading stockpile and its replacement with a buttress fill against the existing South Pointe Middle School fill slope and other northwest–facing slopes. South Pointe West City of Diamond Bar, California Figure 4.3-15 (1 of 3) GEOTECHNICAL MAP Source: Harrington Geotechnical Engineering, Inc. Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-26 South Pointe West City of Diamond Bar, California Figure 4.3-15 (2 of 3) GEOTECHNICAL MAP Source: Harrington Geotechnical Engineering, Inc. Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-27 South Pointe West City of Diamond Bar, California Figure 4.3-15 (3of 3) GEOTECHNICAL MAP Source: Harrington Geotechnical Engineering, Inc. Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-28 South Pointe West City of Diamond Bar, California The goal of an ESA is to identify “recognized environmental conditions” (RECs), defined to mean the presence or likely presence of any hazardous substances or petroleum products on a property under conditions that indicated the existing release, a past release, or a material threat of a release of any hazardous substances or petroleum products into structures on the property or into the ground, ground water, or surface waters of the property. The term hazardous substances or petroleum products is not, however, intended to include de minimus conditions that generally do not presence a material risk of harm to public health or the environment and that generally would not be subject to an enforcement action if brought to the attention of appropriate governmental agencies. Typically, environmental site assessments are conducted in phases (i.e., literature search and site reconnaissance, soil sampling, remediation). A Phase I environmental site assessment (Phase I ESA) typically focuses on the identification of toxic and hazardous materials and wastes, as defined in Part 40, Sections 261 and 302.4 of the Code of Federal Regulations (CFR), Title 22 of the CCR, and the American Society for Testing and Materials (ASTM) standard for environmental site assessment for commercial property. The format for a Phase I ESA is often patterned after guidelines and protocols developed by the ASTM and the Federal National Mortgage Insurance Association under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Superfund Amendment Reauthorization Act of 1986 (SARA). Only in the event that the Phase I ESA identifies the presence or suspected presence of RECs is further analysis and/or remediation typically required. The ASTM standard defines de minimus conditions as those that “generally do not present a material risk of harm to public health or the environment and that generally would not be the subject of an enforcement action if brought to the attention of appropriate governmental agencies.” The Phase I ESA identified the following conditions that are not representative of RECs but are considered de minimus conditions: ƒ Minor refuse dumping was noted in the central portion of the tract map area and within the park area which included, but may not be limited to, abandoned furniture, wood, plastic, concrete, and general household debris. The debris did not appear to consist of chemical compounds or indicate chemical storage or use has occurred. Surficial soil staining and discoloration was not observed in proximity to the debris. ƒ Standing water was noted near the central and southern portions of the tract map area. Water appeared to generally flow along the culverts and swales. ƒ Widespread refuse dumping was observed throughout the fill parcel. Dumping materials observed at the fill parcel included, but may not be limited to, furniture, wood, plastic, concrete, asphalt, numerous soil stockpiles, lumber, green waste, polyvinyl chloride (PVC) piping, steel piping, general construction debris, and automobile parts. Surficial soil staining and discoloration was not observed in proximity to the debris. Based on a detailed review of federal and State regulatory database lists and requested files from environmental and other regulatory agencies, including a review of historical topographic maps and aerial photographs, no issues of significant environmental concern were identified. Additional information concerning the potential presence of hazardous materials on the project site is presented in Appendix II-B (Phase I Environmental Site Assessments). 4.3.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-29 South Pointe West City of Diamond Bar, California to produce a significant geotechnical hazards impact if the project or if project-related activities were to: ♦ Expose people or structures to potential substantial 34 adverse effects, including the risk of loss, injury, or death involving: (1) rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Act (APEFZA) map issued by the State Geologist for the area or based on other substantial evidence of a known fault; (2) strong seismic ground shaking; (3) seismic-related ground failure, including liquefaction; and/or (4) landslides. ♦ Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-site or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse. ♦ Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risk to life or property. 35 In addition, other standards relative to the exposure of people and property to potential seismic hazards have been formulated by other agencies, published in source documents, or reflect acceptable industry standards. In accordance therewith, the proposed project would normally be deemed to produce a significant impact if the project of if project-related activities were to: ♦ Result in the placement of habitable structures within an active fault zone, as delineated on the APEFZA map 36 or as delineated on “Maps of Known Active Fault Near-Source Zones in California and Adjacent Portions of Nevada”37 without effective mitigation. ♦ Expose site occupants to a causative fault with a Maximum Movement Magnitude equal to or greater than 6.5 and a slip rate >2 millimeters per year.38 ♦ Result in the placement of habitable structures in an area containing a factor of safety against liquefaction for potentially liquefiable soils of <1.3 or subject to lateral ground displacements due to liquefaction-related ground softening of >0.5 meters (1.6 feet).39 ♦ Result in the placement of habitable structures in an area subject to an earthquake- induced deformation of >100 centimeters (3.3 feet) for an existing on-site landslide and/or containing an existing on-site landslide with stability factors of safety <1.5 under static conditions and 1.1 under seismic loading conditions.40 ♦ Result in the placement of habitable structures in an area containing soils that have an Expansion Index >20, as determined in accordance with UBC Standard 18-2.41 The Lead Agency has not identified other applicable or potentially applicable standards that can appropriately be extracted from other related policy or other environmental documents and used as the basis for assessing the potential significance of project-related and cumulative geotechnical hazard impacts. 34/ Certain terms, such as “substantial,” are neither defined in CEQA nor in the State CEQA Guidelines and require a local determination whether a proposed action would meet or exceed the stated standard. 35/ State of California, State CEQA Guidelines, Appendix G, Section VI (Geology and Soils). 36/ Hart, E. W., Bryant, W.G., Special Publication 42, Fault Rupture Hazard Zones in California, California Department of Conservation, Division of Mines and Geology, 1992 (Revised 1997). 37/ California Department of Conservation, Division of Mines and Geology, Maps of Known Active Fault Near-Source Zones in California and Adjacent Portions of Nevada, Seismic Mapping Bulletin No. 7, April 15, 1998. 38/ International Conference of Building Officials, Uniform Building Code, 1997. 39/ California Department of Conservation, Division of Mines and Geology, Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California, adopted March 13, 1997. 40/ Ibid. August 2006 Draft Environmental Impact Report 41/ Op. Cit., Uniform Building Code. Page 4.3-30 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-31 4.3.3 IMPACT ANALYSIS Construction Impacts Construction Impact 3-1. Two ancient and one active landslides have been identified on the property. Existing unstable earth conditions that have predicated past landslide activities within the tract map area must be further remediated as part of the project’s grading plan, requiring increased earthwork and stabilization efforts in order to make the site geotechnically feasible for the proposed development. Level of Significance before Mitigation: Less than Significant In order to provide a stable development site, remedial grading of the active landslide area will be required, including removal of the remaining existing landslides to competent underlying bedrock and construction of stabilization fills on cut slopes that expose out-of-slope bedding. Of the two older inactive landslides located in the park area, one is relatively small and has already been stabilized by previous fill placement. The larger older landslide will be stabilized by a shear key placed at the toe of a planned cut slope. As illustrated in Figure 4.3-15 (Geotechnical Map/Grading Plan) and Figure 4.3-16 (Cut and Fill Exhibit), about 34.0 acres will be grubbed, graded, and/or used for stockpiling operations.42 Grading activities, inclusive of the remedial grading of the active landslide area, will include approximately 218,000 cubic yards of cut and approximately 199,000 cubic yards of fill. Surplus soil material suitable for use as engineered fill will be deposited at the approximately 7.45 acre stockpile site. Soil materials with a high percentage of organic matter and any other material deemed not to be suitable for fill will require off-site disposal. The presence of groundwater is included in the project’s stability analysis. Currently, groundwater is low. The measured groundwater was seeps and limited in quantity where measured. In general, the seepages are at a depth and quantity that will not impede grading operations. However, the canyon area in the northwest corner of the site, where a major fill slope is planned, has active surface flow from stormdrain and subdrain flow and wet conditions will likely be encountered during cleanout and key excavation in this area. Wet conditions may also be encountered during cleanout operations in the two on-site detention basins. Surface drainage facilities and subdrains are planned to ensure that groundwater levels do not subsequently rise to become a safety issue. Static and pseudostatic slope stability analysis demonstrated an acceptable factor of safety (>1.5 static and 1.1 pseudostatic). As designed, the project’s geotechnical investigation concluded that the site’s development is feasible from a geotechnical perspective provided the geotechnical engineer’s and engineering geologist’s recommendations are implemented. The Applicant has committed to undertaking each of the recommendations presented in the geotechnical investigation. As such, those recommendations are part of the proposed project, such that it is assumed that the design, construction, and operation of the proposed project will occur in conformity and compliance with those recommendations. An engineering geologist and engineer will be on the project site during grading, will ensure compliance with the recommendations outlined in the geotechnical investigation, and be able to respond to any conditions that might deviate from the data presented in that report. 42/ For the purpose of biological resource impact analysis, as noted in Table 4.5-2 (Plant Communities) herein, a total of approximately 38.8 acres of total ground disturbance was assumed. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.3-32 Section 4.3: Geotechnical Hazards Based on the findings of an independent review, the City’s third-party consultants have concluded that the material presented by the Applicant satisfactorily addresses the technical comments that have been raised, provided that the following conditions are fulfilled: ƒ The amount of fill that will be exported from the residential site to the school site, dust and sediment control at the school site, and the route of hauling should be clearly addressed in the construction documents. Before the City issues a grading permit, the City Engineer should examine the construction documents to verify compliance with these conditions.43 ƒ Appendix B of the Harrington Geotechnical Engineering, Inc. (HGEI) report, dated January 10, 2006, includes a report prepared by HGEI, dated October 25, 2005. That report should be signed and stamped by Messrs. Joseph L. Welch and Robert P. Dennis. Before the City issues a grading permit, the City Engineer should verify that the report in Appendix B of the HGEI report has been signed and stamped. ƒ Appendix C of the HGEI report, dated January 10, 2006, includes a report prepared by HGEI, dated November 14, 2005. That report should be signed and stamped by Messrs. Joseph L. Welch and Robert P. Dennis. Before the City issues a grading permit, the City Engineer should verify that the report in Appendix C of the HGEI report has been signed and stamped. ƒ Cross Section 13-13’ has a pseudostatic factor of safety of 1.089, which is slightly lower than the 1.10 minimum factor of safety required. HGEI may need to modify the proposed grading to achieve the minimum required factor of safety of 1.10 for the seismic condition. Before the City issues a grading permit, the City Engineer should examine the stability calculations that need to be provided by the project geotechnical engineer in a supplemental geotechnical document to verify compliance with this condition. ƒ In their report, dated May 1, 2006, HGEI acknowledged that the potential for debris flow exists at the project site. There are three existing desilting basins that collect sediment and debris that are carried downslope with the storm water runoff from higher elevations. The Hunsaker & Associates (HA) report, dated May 30, 2006, indicates that these desilting basins, along with slope stability improvements (including brow ditches, terrace drains, and native vegetation) are to remain in place after project development. HGEI should review the final grading plans, the locations of the desilting basins, and the debris flow calculations (Chapter 5 in the May 30, 2006 HA report) to make sure that each lot is adequately protected against anticipated potential debris flow from surrounding natural slopes, gullies, and canyons that are left in place. Before the City issues a grading permit, HGEI and/or HA should assess the condition of the desilting basins and slope stability improvements and inform the City about their functional status. The City Engineer should examine the review of this information and verify that the construction documents are in compliance with this condition. ƒ HGEI should provide a table showing dry density, maximum dry density (from compaction tests), and percent relative compaction for samples taken from B-24, B-25, and B-26 to support the HGEI statement that “the test results indicate relative compaction ranging from 86% to 99%.” Before the City issues a grading permit, the City Engineer should examine the supplemental geotechnical documents that need to be provided by the project geotechnical engineer in response to this condition and to verify compliance with this condition. 43/ GENTERRA Consultants, Inc., Third-Party Review of Technical Documents for Geotechnical and Hydrologic Issues, South Pointe West Residential Development, Diamond Bar, California, July 26, 2006. South Pointe West City of Diamond Bar, California Figure 4.3-16 CUT AND FILL EXHIBIT Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-33 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.3-34 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California ƒ Any significant modifications to the proposed grading plan should be independently reviewed. The independent review of the grading plan modifications should be completed and verified by the City Engineer prior to issuance of a grading permit. ƒ The project’s storm drains will connect to existing County facilities. The proposed storm drain system has been sized to convey the peak discharge without exceeding the design capacity of the receiving drainage infrastructure (for the 50-year event). Furthermore, the peak discharge for the developed condition is less than the peak discharge for the existing undeveloped condition. During preparation of the final engineering design, HGEI and/or HA should confirm that the requirement for reduction of the peak discharge has been met. This is especially important if any modifications to the drainage system plans have been made. Satisfactory compliance with the requirements should be verified by the City Engineer before the City issues a grading permit. ƒ The northwest detention basin discharges through a 36-inch storm drain. Calculations by HA (Chapter 8 in the May 30, 2006 report) indicate that this detention basin will mitigate the peak inflow of 119 cfs to a peak outflow of 75.7 cfs. However, as noted by HA, an investigation of its physical condition should be done as part of the final engineering design in order to determine if the basin is still serviceable per the as-built plans (see “Storm Drain Plans in Tract No. 30893 P.D. No. 1467” dated July 1980, following Page 6 in the May 30, 2006 report). The results of the basin assessment should be submitted to the City for review and approval. If the basin needs maintenance, repair, or other remedial work, that work should be completed (with permission from the LACDPW) prior to submittal of the final engineering design to the City. Satisfactory compliance with these requirements should be verified by the City Engineer before the City issues a grading permit. ƒ A storm water management plan (SWMP), developed for implementation at the project, should be submitted to the City for approval. The SWMP should include a description of source controls to keep contaminants out of runoff and treatment controls to remove contaminants that become entrained with the runoff. Satisfactory compliance with these requirements should be verified by the City Engineer before the City issues a grading permit. Although not specifically required based on the absence of an identified significant effect, a project condition (Project Condition 3-1) has been formulated in order to ensure that each of the recommendations presented in the geotechnical investigation and the City’s third-party review are incorporated into the design, development, and operation of the proposed project. In addition, another project condition (Project Condition 3-2) has been recommended specifying that a “Restricted Use Area” designation be recorded for any in-tract areas where geologic, geotechnical, seismic, or soils hazards cannot be eliminated to the satisfaction of the City Engineer. In addition, in accordance with City requirements, the Applicant shall provide: (1) a detailed plan showing the location, planned depth, and design of the recommended caissons/tiebacks along with structural calculations supporting their design with geotechnical input from the geotechnical consultant and similar plans for the planned retaining walls and debris walls; and (2) design plans for the geogrid-stabilized slope. Further design-level review will be conducted by the City Engineer prior to the issuance of grading plans. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-35 South Pointe West City of Diamond Bar, California Operational Impacts Operational Impact 3-2. During the life of the project, structures and other improvements constructed on the property will be subject to periodic ground shaking resulting from seismic events along earthquake faults located throughout the region. Level of Significance before Mitigation: Less than Significant Based on the findings of the project’s geotechnical investigation, the proposed project is feasible from a geotechnical perspective, provided that the recommendations presented in that investigation are incorporated into the project’s design and construction. The Applicant has committed to undertaking each of the recommendations presented in the geotechnical investigation. As such, those recommendations are part of the proposed project, such that it is assumed that the design, construction, and operation of the proposed project will occur in conformity and compliance therewith. In addition, design and development activities will occur in conformance with UBC and associated requirements. Compliance with those requirements will ensure that potential impacts from seismically-induced ground motion will be effectively reduced a less-than-significant level. Although not specifically required based on the absence of an identified significant environmental effect, a project condition (Project Condition 3-1) has been formulated in order to ensure that each of the recommendations presented in the preliminary geotechnical investigation are incorporated into the design, development, and operation of the proposed project. In addition, another project condition (Project Condition 3-2) has been recommended specifying that a “Restricted Use Area” designation be recorded for any in-tract areas where geologic, geotechnical, seismic, or soils hazards cannot be eliminated to the satisfaction of the City Engineer. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Cumulative Impacts Cumulative Impact 3-3. Los Angeles County is located within a seismically active region. Since earthquakes have historically occurred throughout the region and can be expected to occur in the future, development activities that occur throughout the region and their occupants and users will remain subject to seismic forces. Level of Significance before Mitigation: Less than Significant Those geotechnical impacts identified herein, including those affecting the southern California area as a whole, are generally site specific and project specific in nature. Implementation of the proposed project would, therefore, not result in any significant cumulative geotechnical impacts affecting or potentially affecting other off-site areas. Similarly, implementation of other related projects would neither result in any further project-related geotechnical impacts nor increase the severity of those impacts addressed in this EIR. Adequate control measures have been formulated by State and local governmental entities to ensure that all public and private structures are constructed and maintained in recognition of August 2006 Draft Environmental Impact Report Page 4.3-36 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California site-specific, area-specific, and regional geologic, geotechnical, seismic, and soils conditions. Compliance with applicable UBC standards and associated permit-agency requirements will mitigate any potential cumulative impacts to below a level of significance. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.3.4 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions Š Project Condition 3-1. Prior to the issuance of grading and building permits, the Applicant shall demonstrate, to the satisfaction of the City Engineer, that each of the recommendations contained in the project’s geotechnical investigation, in the City’s third-party review, and in any supplemental reports as may be prepared by the Applicant’s geotechnical engineer or engineering geologist or by others have been incorporated into the project’s design, development, and operation. The project shall be constructed, operated, and maintained in accordance with those recommendations and with such additional geologic, geotechnical, seismic, and soils recommendations as may result from further pre-construction and post-construction engineering analyses that may be presented to or imposed by the City. Š Project Condition 3-2. All identified geologic, geotechnical, seismic, and soils hazards located within the tract map boundaries that cannot be eliminated, as approved by the City Engineer, shall be identified on the final subdivision map as “Restricted Use Areas” subject to geologic hazard. The Applicant shall dedicate to the City the right to prohibit the construction of buildings or other structures within such restricted use areas. Mitigation Measures ♦ No mitigation measures have been identified by the Lead Agency. 4.3.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS The approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related or cumulative geologic, geotechnical, seismic, soils, or hazardous materials impacts. The project is not located on a site that is included on any of the lists compiled pursuant to Section 65962.5 of the CGC. Draft Environmental Impact Report August 2006 Section 4.3: Geotechnical Hazards Page 4.3-37 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.3-38 Section 4.3: Geotechnical Hazards South Pointe West City of Diamond Bar, California 4.4 HYDROLOGY AND WATER QUALITY 4.4.1 Environmental Setting 4.4.1.1 Regulatory Setting Federal Clean Water Act In 1972, the Federal Water Pollution Control Act, more commonly known as the Clean Water Act (CWA), was amended to require National Pollutant Discharge Elimination System (NPDES) permits for the discharge of pollutants to waters of the United States (WoUS) from any point source. In 1987, the CWA was amended to require that the United States Environmental Protection Agency (USEPA) establish regulations for the permitting of municipal and industrial storm water discharges under the NPDES permit program. The USEPA’s regulations, as published on November 16, 1990, require that municipal separate storm sewer system (MS4) discharges to surface waters be regulated by a NPDES permit. Under the implementing regulations, storm water pollution must be controlled to the maximum extent practicable (MEP). The USEPA has delegated to the State Water Resources Control Board (SWRCB) the authority for the implementation of the State’s NPDES program, where it is administered by the nine regional water quality control boards (RWQCBs). The project site is located within the jurisdiction of the Regional Water Quality Control Board, Los Angeles Region (LARWQCB). Water bodies not meeting water quality standards are deemed “impaired” and, under Section 303(d) of the CWA, are placed on a list of impaired waters for which a Total Maximum Daily Load (TMDL) must be developed for the impairing pollutant(s). Section 303(d) listed waters represent those waters for which effluent limitations are not sufficient to meet water quality standards. The project site is located in the Diamond Bar Creek watershed, a portion of the San Jose Creek Subwatershed of the San Gabriel River watershed. Diamond Bar Creek conveys storm water runoff in a northwesterly direction toward San Jose Creek. As indicated in Table 4.4-1 (San Gabriel River Watershed 303[d] Listed Waters), various reaches of the San Jose Creek are on the Section 303(d) list due to algae, coliform, and metals. Table 4.4-1 SAN GABRIEL RIVER WATERSHED 303(D) LISTED WATERS 303(d) Listed Water/Reach Impairment San Gabriel River Reach 1 (Estuary to Firestone) Abnormal fish histology Algae Coliform Toxicity San Gabriel River Reach 2 (Firestone to Whittier Narrows Dam) Coliform Copper, dissolved Lead Zinc, dissolved San Jose Creek (San Gabriel Confluence to Temple Street) Algae Coliform San Jose Creek (Temple Street to 1-10 at White Avenue) Algae Coliform Source: Regional Water Quality Control Board, Los Angeles Region Draft Environmental Impact Report August 2006 Section 4.4: Hydrology and Water Quality Page 4.4-1 South Pointe West City of Diamond Bar, California Federal Emergency Management Agency The Federal Emergency Management Agency’s (FEMA) flood insurance rate maps (FIRM) identify those areas located within the 100-year flood boundary, termed "Special Flood Hazard Areas" (SFHAs). A 100-year flood does not refer to a flood that occurs once every 100 years but refers to a flood level with a one percent chance of being equaled or exceeded in any given year. The SFHAs are subdivided into insurance risk rate zones. Areas between the 100-year and 500-year flood boundaries are termed "moderate flood hazard areas." Areas located outside the 500-year flood boundary, are termed "minimal flood hazard areas.” Areas designated as “Zones A, A0, AH, A1-A30, and A99” on FIRMs are SFHAs and reflect those areas subject to inundation by the 100-year flood. Areas designated as “Zone B” have been identified as areas of moderate or minimal hazard. Areas designated as “Zone C” do not have known flood hazards. As illustrated in Figure 4.4-1 (Portion of FIRM No. 0650430980B), the project site is located in “Zone C.” No portion of the project site is, therefore, located within or in close proximity to any area presently identified by FEMA as being subject to 100-year or 500-year flood inundation. August 2006 Draft Environmental Impact Report Project Area Figure 4.4-1 PORTION OF FIRM NO. 0650430980B Source: Federal Emergency Management Agency Page 4.4-2 Section 4.4: Hydrology and Water Quality South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.4: Hydrology and Water Quality Page 4.4-3 Water Quality Control Plan – Los Angeles Region The LARWQCB has jurisdiction over all coastal drainages flowing to the Pacific Ocean between Rincon Point (on the coast in western Ventura County) and the eastern Los Angeles County line, the drainages of five coastal islands, and all coastal waters within three miles of the continental and island coastlines. The LARWQCB’s 1994 “Water Quality Control Plan – Los Angeles Region” (Basin Plan)1 designates beneficial uses for surface and ground waters, sets narrative and numerical water quality objectives that must be attained or maintained to protect the designated beneficial uses and conform to the State’s anti-degradation policy, and describes implementation programs to protect all waters in the region. For the larger water bodies within the region, the Basin Plan typically designates specific beneficial uses and sets forth specific quantitative and narrative criteria for water quality pollutants. The Basin Plan’s beneficial uses, in combination with water quality objectives (WQOs), form water quality standards, mandated for all water bodies throughout the State under the Porter-Cologne Water Quality Act (Porter-Cologne). Designated beneficial uses for San Jose Creek (Hydrologic Units 405.41 and 405.51) include Municipal and Domestic Supply (MUN) and Water-Contact Recreation (REC1) (potential beneficial use), GWR (Ground Water Recharge), REC2 (Non-Water-Contact Recreation), and Warm Freshwater Habitat (WARM) (intermittent beneficial use), and Wildlife Habitat (WILD) (existing beneficial use).2 Under the tributary rule, the same set of beneficial uses would likely be applicable to the regulation of discharges to Diamond Bar Creek. Referencing the County’s “Development Planning for Storm Water Management: A Manual for the Standard Urban Storm Water Mitigation Plan,” water quality assessments conducted by the LARWQCB have identified impairment of a number of water bodies in Los Angeles County. The beneficial uses of certain water bodies identified in these assessments are either impaired or threatened to be impaired. Pollutants found causing impairment include: heavy metals, coliform, enteric viruses, pesticides, nutrients, polycyclic aromatic hydrocarbons, polychlorinated biphenyls, organic solvents, sediments, trash, debris, algae, scum, and odors. The LARWQCB, therefore, considers storm water and urban runoff discharges to be significant sources of pollutants that may be causing, threatening to cause, or contributing to the impairment of the water quality and beneficial uses of the receiving water bodies in Los Angeles County.3 General Municipal Separate Storm Sewer System NPDES Permit To comply with the CWA, on December 13, 2001, the LARWQCB adopted Order No. 01-182 and issued the third-term General NPDES permit (NPDES No. CAS004001)4 for discharges to the municipal separate storm sewer system (MS4) in Los Angeles County to Los Angeles County, the Los Angeles County Flood Control Division (Principal Permittee), and 84 Los Angeles County cities (Co-Permittees) in December 2001. The MS4 permit details requirements for new development and significant redevelopment projects, including specific sizing criteria for treatment BMPs. 1/ California Regional Water Quality Control Board, Los Angeles Region, Water Quality Control Plan – Los Angeles Region, adopted June 13, 1994. 2/ Ibid., Table 2-1, Beneficial Uses of Inland Surface Waters, p. 2-13. 3/ Los Angeles County Department of Public Works, Development Planning for Storm Water Management: A Manual for the Standard Urban Storm Water Mitigation Plan, September 2002, pp. 1-1 and 1-2. 4/ California Regional Water Quality Control Board, Los Angeles Region, Order No. 01-182, NPDES Permit No. CAS004001, Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, and the Unincorporated Cities Therein, Except the City of Long Beach, December 13, 2001. South Pointe West City of Diamond Bar, California To implement the requirements of the MS4 permit, the Principal Permittee and Co-Permittees must implement and enforce the provisions of the Stormwater Quality Management Program (SQMP) to control water quality of discharges from MS4s. The objective of the SQMP is to reduce pollutants in urban storm water discharges to the MEP in order to attain WQOs and to protect the beneficial uses of receiving waters in the County. The requirements of the SQMP are divided into various categories, including development planning, development construction, and construction inspection activities. In accordance with the MS4 permit and the SQMP, the development planning category of the SQMP requires that new development projects and significant redevelopment projects shall prepare a storm water/urban runoff pollution control plan specifying the BMPs that will be implemented with the project to reduce the discharge of pollutants in storm water to the MEP and to protect receiving water quality. Pursuant to the MS4 permit, project-specific runoff water quality control plans must implement BMPs that are consistent with the standard urban storm water mitigation plan (SUSMP) requirements of the MS4 permit. These requirements are described and explained in the County’s “Manual for the Standard Urban Storm Water Mitigation Plan” (SUSMP Manual), as adopted by the County in September of 2002 and subsequently approved by the LARWQCB. The SUSMP Manual outlines the necessary BMPs that must be incorporated into design plans for new development, including housing developments of 10 units or more. The emphasis of the MS4 and SUSMP requirements is first pollution prevention through education, public outreach, planning, and implementation of source control BMPs and then structural and treatment control BMPs. The post-construction treatment control BMPs must meet certain criteria specified by the SUSMP, including specified design criteria and other selection factors based upon pollutants of concern expected from a project site and any impairment of the project’s receiving waters. Two of the most important requirements of the SUSMP are the specific treatment and design sizing criteria for BMPs (SUSMP Manual, Appendix A). These criteria require that developments shall contain BMPs to infiltrate or treat the storm water runoff (volume or flow rate) generated from 0.75 inches of rainfall over 24 hours (determined to represent the 85th percentile of storm in Los Angeles County). The SUSMP also includes the following eight general requirements: (1) maintain pre-development peak storm water runoff discharge flows where increases in flows or rates will result in increased potential for downstream erosion; (2) conserve natural areas; (3) minimize storm water pollutants of concern; (4) protect slopes and channels; (5) provide storm drain system stenciling and signage; (6) properly design outdoor material storage areas; (7) properly design trash storage areas; and (8) provide proof of ongoing BMP maintenance. Under the provisions of the NPDES permit, the following specific requirements, designed to reduce the impact of development on natural areas, have been established for single-family hillside homes: (1) conserve natural areas; (2) protect slopes and channels; (3) provide storm drain system stenciling and signage; (4) divert roof runoff to vegetated areas before discharging unless the diversion would result in slope instability; and (5) direct surface flow to vegetated areas before discharge unless the diversion would result in slope instability.5 Projects requiring SUSMPs (e.g., 10+ home subdivisions) are required to submit a drainage concept and storm water quality plan. Details of those facilities and those measures identified to mitigate impacts on water quality are to be shown on the improvement plans and reviewed as part of those plans.6 5/ Op. Cit., Development Planning for Storm Water Management: A Manual for the Standard Urban Storm Water Mitigation Plan (SUSMP), pp. 1-4, 2-2, and 3-11. August 2006 Draft Environmental Impact Report 6/ Ibid., p. 2-1. Page 4.4-4 Section 4.4: Hydrology and Water Quality South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.4: Hydrology and Water Quality Page 4.4-5 Post-development peak storm water runoff discharge rates shall not exceed estimated pre- development levels for developments where an increased peak storm water discharge rate may result in a foreseeable increased potential for downstream erosion. Construction Activity NPDES Permit Requirements Pursuant to the Section 402(p) of the CWA, the SWRCB has issued a Statewide general NPDES permit for storm water discharges from construction sites (NPDES No. CAS000002)7 (Construction General Permit). Under this permit, discharges of storm water from construction sites with a disturbed area of one or more acres are required to either obtain individual NPDES permits for storm water discharges or be covered by the Construction General Permit. Each applicant under the Construction General Permit must ensure that a storm water pollution prevention plan (SWPPP) is prepared prior to grading and implemented during construction. The primary objective of the SWPPP is to identify, construct, implement, and maintain BMPs to reduce or eliminate pollutants in storm water discharges and authorized non-storm water discharges from the construction site during construction. The Principal Permittees and Co- Permittees are further required to conduct monitoring and reporting to ensure that BMPs are correctly implemented and effective in controlling the discharge of pollutants. Consistent with the requirements of the Construction General Permit, the MS4 permit contains provisions that impose requirements on local agencies to not only require the preparation of a SWPPP prior to issuance of a grading permit but to inspect construction sites for compliance with the SWPPP and Construction General Permit. These provisions also provide further guidance with respect to implementation of construction BMPs, including the following: (1) treatment controls or structural BMPs; (2) construct-related materials, wastes, spills or residues shall be retained at the project site to avoid discharge to streets, drainage facilities, receiving waters or adjacent properties; and (3) erosion from slopes and channels shall be controlled by implementing an effective combination of BMPs. The Construction General Permit also addresses authorized construction-related non-storm water discharges. Under the general permit, non-storm water discharges necessary for the completion of construction projects, including irrigation of vegetative erosion control measures, pipe flushing and testing, street cleaning and dewatering, are allowed, provided that they are not relied upon to clean up failed or inadequate construction or post-construction BMPs designed to keep materials on site and so long as they comply with the non-storm water discharge requirements of the Construction General Permit. These non-storm water discharge requirements mandate that non-storm water discharges shall: (1) be infeasible to eliminate; (2) comply with BMPs which must be set forth in the SWPPP; (3) not cause or contribute to a violation of water quality standards; and (4) are permitted by the local RWQCB. Los Angeles County Department of Public Works The Los Angeles basin is periodically subject to devastating floods resulting in substantial property damage. Such damage is intensified by debris flows resulting from the destruction to affected watersheds caused by major brush fires. In recognition of and in response to those 7/ California Water Resources Control Board Resolution No. 2001-046; Modification of Water Quality Order 99-08-DWQ State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System General Permit for Stormwater Discharges Associated with Construction Activity, adopted by the SWRCB on 26 April 2001. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.4-6 Section 4.4: Hydrology and Water Quality conditions, the Los Angeles County Department of Public Works (LACDPW) operates and maintains those major flood control facilities located throughout the County. The LACDPW maintains those flood control facilities that are part of the County’s flood control system but provides no review, management, or on-going maintenance of private facilities. The LACDPW’s “Hydrology Manual” establishes the County’s hydrologic design procedures and policies on levels of flood protection. On January 31, 2005, the County adopted the LACDPW’s “Interim Peak Flow Standard,”8 applicable to “discretionary priority projects” (e.g., housing developments of 20 or more units) located in areas tributary to the San Gabriel River and certain other areas. Under those standards, the County stipulates that all post-development runoff from a 2-year, 24-hour storm and 50-year capital storm shall not exceed the pre- development peak-flow rate. These interim standards are intended to protect against increased streambed erosion resulting from post-development increases in peak flows and flow durations and changes in the riparian habitat resulting from increases in the low flows and flow durations from development. As indicated in the LACDPW’s “Sedimentation Manual,” the Los Angles Basin has been divided into zones, identified as “debris (sediment) potential area” (DPA), that yield similar volumes of sediment under similar conditions. As illustrated in Figure 4.4-2 (Yorba Linda Quadrangle 50- Year 24-Hour Rainfall Distribution Map), as extracted from the County “Sedimentation Manual,” the project site is depicted as being located generally within the vicinity of a maximum 8.0-inch 50-year, 24-hour isohyetal line.9 The site’s debris production area (DPA) is classified as “NA.” City of Diamond Bar General Plan The 1995 General Plan contains numerous policies that address, either directly or indirectly, “hydrology and water quality” and that may be applicable to the proposed project. Those policies include, but are not necessarily limited to, the following: ƒ Minimize the potential for loss of life, physical injury, property damage, public health hazards, and nuisances from the effects of a 100-year storm and associated flooding (Objective 1.2, Public Health and Safety Element). ƒ Where applicable, as a prerequisite to new development or the intensification of existing development, ensure that a drainage study has been completed by a qualified engineer, certifying that the proposed development will be adequately protected, and that implementation of the development proposal will not create new downstream flood hazards (Strategy 1.2.1, Public Health and Safety Element). ƒ Require development to meet the requirements of the County’s urban storm water discharge permit (Strategy 1.8.3, Public Health and Safety Element). City of Diamond Bar Municipal Code Division 5 (Storm Water and Urban Runoff Pollution Control) in Title 8 (Health and Safety) of the Municipal Code contains the “Storm Water Management and Discharge Control Ordinance." As stipulated in Section 8.12.1630 (Purpose and Intent) therein, the purpose of this ordinance is to 8/ County of Los Angeles, Department of Public Works, Interim Peak Flow Runoff Criteria for New Development, January 31, 2005, as contained in correspondence from Donald L. Wolfe, Acting Direct of Public Works to Jonathon Bishop, Executive Officer, Los Angeles Regional Water Quality Control Board. 9/ Los Angeles County Department of Public Works, Sedimentation Manual, Hydraulic/ Water Conservation Division, June 1993, Appendix A. South Pointe West City of Diamond Bar, California ensure the future health, safety and general welfare of the citizens of the City and the water quality of the receiving waters of the County and surrounding coastal areas by: (1) reducing pollutants in storm water discharges to the maximum extent practicable; (2) regulating illicit connections and illicit discharges and thereby reducing the level of contamination of storm water and urban runoff into the MS4; and (3) regulating non-storm water discharges to the MS4. The ordinance sets forth the requirements for the construction and operation of certain commercial development, new development, and redevelopment and other projects which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the SUSMP approved by the LARWQCB. As required under Section 8.12.1695, certain new development and redevelopment projects, including those involving ten or more unit homes (includes developments of single-family homes, condominiums and apartments), if subject to discretionary project approval, shall require a storm water mitigation plan that complies with the most recent SUSMP and the current municipal NPDES permit. As further required under Section 8.12.1695(c), no discretionary permit may be issued for any new development or redevelopment project until the authorized enforcement officer confirms that the project plans comply with the applicable storm water mitigation plans and enumerated design criteria requirements. 4.4.1.2 Regional Setting The project site is located in the Los Angeles-San Gabriel Hydrologic Unit (Hydrologic Unit [HU] 405.00) which covers most of Los Angeles and a portion of southeastern Ventura Counties. This drainage area totals 1,608 square miles. The Los Angeles River, San Gabriel River and Ballona Creek are the major drainage systems in this area. The San Gabriel River receives drainage from a 689 square mile area of eastern Los Angeles County and has a main channel length of approximately 58 miles; its headwaters originate in the San Gabriel Mountains with the East, West, and North Forks.10 The river empties to the Pacific Ocean at Los Angeles/ Orange Counties boundary in the City of Long Beach. The main tributaries of the San Gabriel River are Big and Little Dalton Wash, San Dimas Wash, Walnut Creek, San Jose Creek, Fullerton Creek, and Coyote Creek.11 As indicated in the “County of Los Angeles All-Hazard Mitigation Plan,” flooding has been identified as a “high priority hazard” in Los Angeles County.”12 As further indicated therein: “Over the last 125 years, the average annual rainfall in Los Angeles is 14.9 inches. But the term ‘average’ means very little as the annual rainfall during this period has ranged from only 4.35 inches in 2001-2002 to 38.2 inches in 1883-1884. In fact, in only fifteen of the past 125 years, has the annual rainfall been within plus or minus 10% of the 14.9 inch average. And in only 38 years has the annual rainfall been within plus or minus 20% of the 14.9 inches. This makes the Los Angeles basin a land of extremes in terms of annual precipitation.”13 10/ As directed by the United States Congress in July 2003 (P.L. 108-042), the National Park Service (NPS) is conducting a “special resource study” of portions of the San Gabriel River and its tributaries, extending from the City of Santa Fe Springs, eastward to the San Bernardino County line, and northward to encompass the San Gabriel Mountains. The purpose of this special resource study is to determine whether that area or a portion thereof is eligible to be designated as a unit of the national park system. Initial scoping meetings have been conducted by the NPS but no formal actions have yet to be taken. 11/ California Regional Water Quality Control Board, Los Angeles Region, State of the Watershed – Report on Surface Water Quality, June 2000, p. 1. 12/ County of Los Angeles (Dimensions Unlimited, Inc.), County of Los Angeles All-Hazard Mitigation Plan, Version 1.0, October 2004, Section 4a, p. 126. Draft Environmental Impact Report August 2006 13/ Ibid., Section 4a, p. 182. Section 4.4: Hydrology and Water Quality Page 4.4-7 South Pointe West City of Diamond Bar, California port Page 4.4-8 Section 4.4: Hydrology and Water Quality Pathfinder Road/SR-57 Freeway Intersection NOT TO SCALE Project Area Figure 4.4-2 YORBA LINDA QUADRANGLE 50-YEAR 24-HOUR RAINFALL DISTRIBUTION MAP Source: Los Angeles County Department of Public Works August 2006 Draft Environmental Impact Re South Pointe West City of Diamond Bar, California 4.4.1.3 Local Setting Environmental Setting As indicated in the MEA, “there are no major flooding problems identified within the City limits of Diamond Bar. According to the Federal Emergency Management Agency, the Flood Insurance Rate Map for Diamond Bar shows that essentially all of the lands within the City limits are within flood zone “C,” which means “area of minimum flooding. However, there are two areas [Reed Canyon Channel and Tonner Canyon] within the City or sphere of influence that have identified flood hazards according to the FEMA study.”14 Since the project’s runoff discharges to Diamond Bar Creek, the project will not impact either of those two areas or facilities. The 83.4 square mile San Jose Creek watershed (Hydrologic Subarea [HAS] 405.5.51) originates north of the City of Claremont and flows westward between the base of the Puente and San Jose Hills. This drainage mostly flows through residential, commercial, and industrial areas in the Cities of Pomona, Diamond Bar, Walnut, Industry, and La Puente.15 The San Jose Creek Subwatershed is formed by the Merced and San Jose Hills on the north and the Puente- Chino Hills on the south and contains the majority of the lower east San Gabriel Valley and is characterized by mildly sloping to flat terrain.16 San Jose Creek is a highly degraded riparian system. Most of the stream has been channelized into concrete culverts but areas of soft- bottom channel remain near its confluence with the San Gabriel River.17 Flow rates along this watercourse are measured with a continuous water stage recorder (Station No. F312-R) located upstream from Workman Mill Road approximately three miles southeast of the City of El Monte. Near that gauging station, the trapezoidal channel has grouted riprap sides and a natural bottom. Flow conditions are regulated from Thompson Wash Dam, located near the headwaters and effluent discharge from the Pomona Sewer Treatment Plan. During the dry season (May - October), flow volumes remain at low levels supplied by discharge from urban water uses. Flow peaks follow isolated storms and affect dry weather stream flows for short periods (until the storm-generated hydrology peak has passed). During the wet season (November - April), increased base flows often persist for several weeks following precipitation. With regards to San Jose Creek, the MEA noted: “This is a fully improved, regional flood control facility maintained by the Los Angeles County Flood Control District. It collects runoff from most of the east San Gabriel Valley and conveys it into the Los Angeles Basin. It is fed by two local drainage channels: Diamond Bar Creek and the Sunset Crossing Flood Control Channel. Together, these channels drain approximately 45 percent of the City of Diamond Bar.”18 The MEA included the following discussion of Diamond Bar Creek: “This channel enters Diamond Bar near the southern intersection of the 57 and 60 freeways, and travels along the west side of the dual freeway until it reaches the Diamond Bar Golf Course near Grand Avenue. Here it passes under the roadway and drains the small lake on the north side of Grand Avenue within the golf course. The unimproved channel collects runoff from the lands generally north of Grand Avenue between the 57/60 freeway and the eastern ridgeline of the City. It also drains the following areas: [1] Existing residential areas northeast of the 60 Freeway and Golden 14/ Op. Cit., Master Environmental Assessment - City of Diamond Bar, pp. II-C-2 and II-C-3. 15/ San Gabriel Mountains Regional Conservancy (CDM), Draft Technical Report – Watershed Management Plan for the San Gabriel River above Whittier Narrows, January 18, 2005, p. 2-9. 16/ Ibid., p. 2-13. 17/ Ibid., p. 2-52. Draft Environmental Impact Report August 2006 18/ Op. Cit., Master Environmental Assessment - City of Diamond Bar, p. II-C-1. Section 4.4: Hydrology and Water Quality Page 4.4-9 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.4-10 Section 4.4: Hydrology and Water Quality Springs Drive (northwest and north of Reagan Park), [2] The corporate center on Golden Springs Drive southwest of Grand Avenue, [3] The existing mixed use areas west of the 57 Freeway, both south and north of the 60 Freeway within the City limits, and [4] The east-facing rolling hills within the City of Industry on the west side of the 60 Freeway. Diamond Bar Creek is all or partially improved in some locations, such as west of the 60 Freeway, while in other locations, such as near the Diamond Bar Golf Course, it is unimproved. This channel drains over a third (38 percent) of the City of Diamond Bar, and represents the largest local basin.”19 That portion of Diamond Bar Creek located north of Lycoming Street and east of Lemon Avenue contains the only identified flood hazard within the City.20 Northwest of Lycoming Street and Lemon Avenue, Diamond Bar Creek discharges into San Jose Creek. The flood channels of San Jose Creek have been designed to accommodate peak runoff from a 50-year storm. As illustrated in Figure 4.4-3 (Existing Conditions Hydrology Map – Central Major Drainage Tributary to Detention Basin), two existing interconnected County-maintained detention basins are located within the tract map area, one near the northwestern project boundary and the other in the central portion of the South Pointe West property.21 Presented in Table 4.4-2 (Summary of Existing Conditions for the On-Site Detention Basin) are the existing inflow/outflow calculations for the existing detention basins. Table 4.4-2 SUMMARY OF EXISTING CONDITIONS FOR THE ON-SITE DETENTION BASINS Discharge Location Drainage Area (acres) Basin Inflow (cfs) Basin Outflow (cfs) Northwestern Detention Basin (36-inch RCP) 41.41 57.0 49.0 Notes: 1. Inclusive of off-site tributaries. Source: Hunsaker & Associates, Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California, October 5, 2005 Tentative Map Drainage Study The Applicant has submitted and the Lead Agency has independently reviewed a number of project-specific hydrologic studies that provide information concerning pre-project and post- project storm flows. Based on the findings of the City’s independent third-party review, the Applicant submitted additional project-specific hydrologic information addressing existing conditions and planned drainage improvements. Those reports reviewed in the preparation of this analysis include, but may not be limited to, “Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California” (Hunsaker & Associates, May 30, 2006), “Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California” (Hunsaker & Associates, Inc., October 5, 2005), “South Pointe West Property Bid Package” (Vicente Geotechnical Services, Penco Engineering, Inc., and Parker & Covert, January 28, 2004), and “SUSMP & Drainage Concept Study, South Pointe West” (PENCO Engineering, Inc., January 2004). Those technical studies, in combination with the City’s independent analysis, serve, in part, as the basis for this environmental analysis. 19/ Ibid. 20/ Ibid., p. II-C-7. 21/ Detention basin numbering as per “SUSMP & Drainage Concept Study, South Pointe West” (PENCO Engineering, Inc., January 2004). South Pointe West City of Diamond Bar, California Figure 4.4-3 EXISTING CONDITIONS HYDROLOGY MAP CENTRAL MAJOR DRAINAGE TRIBUTARY TO DETENTION BASIN Source: PENCO Engineering, Inc. Draft Environmental Impact Report August 2006 Section 4.4: Hydrology and Water Quality Page 4.4-11 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.4-12 Section 4.4: Hydrology and Water Quality The January 2004 hydrology addressed the 25.44-acre central major drainage tributary to the existing on-site Detention Basin No. 1. In contrast, the October 2005 report examined the larger 41.4-acre drainage area. As indicated therein, runoff from the project site currently drains to four discharge points. The majority of the site drains in a northwesterly direction, discharging to an existing detention basin prior to draining to a receiving 36-inch diameter RCP. The northern portion of the project site drains to the northeast, draining to an existing 30-inch diameter RCP within Larkstone Drive, via three existing headwalls. Table 4.4-3 (Summary of Existing Conditions Flows) summarizes the existing condition drainage area and 50-year peak flow at the existing Larkstone detention basin discharge location. Table 4.4-3 SUMMARY OF EXISTING CONDITIONS FLOWS Discharge Location Drainage Area (acres) 50-Year Peak Flow (cfs) Northwestern Detention Basin (36-inch RCP) 41.41 57.0 Larkstone Drive Headwall 1 - 17.82 Larkstone Drive Headwall 2 - 3.32 Larkstone Drive Headwall 3 - 5.52 Larkstone Drive (30-inch RCP) - 36.6 Notes: 1. Inclusive of off-site tributaries. 2. Factored from Q25. Source: Hunsaker & Associates, Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California, October 5, 2005 Additional information concerning the existing hydrologic and water quality setting and the project’s potential hydrologic and water quality impacts is presented in Appendix II-C (Drainage Concept/Standard Urban Stormwater Mitigation Plan). 4.4.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant hydrology and water quality impact if the project or if project-related activities were to: ♦ Violate any water quality standards or waste discharge requirements. ♦ Substantially 22 deplete ground water supplies or interfere substantially with ground water recharge such that there would be a net deficit in aquifer volume or a lowering of the local ground water table level (e.g., the production rate of preexisting nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted). ♦ Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on the site or off the site. 22/ Certain terms, such as “substantially,” are neither defined in CEQA nor in the State CEQA Guidelines and require a local determination whether a proposed action would meet or exceed the stated standard. South Pointe West City of Diamond Bar, California ♦ Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on the site or off the site. ♦ Create or contribute to runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff. ♦ Substantially degrade water quality. ♦ Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map. ♦ Place within a 100-year flood hazard area structures which would impede or redirect flood flow. ♦ Expose people or structures to a significant risk of loss, injury, or death involving flooding, including flooding as a result of the failure of a levee or dam. ♦ Result in inundation by seiche, tsunami, or mudflow.23 Pursuant to Article 13241 of Porter-Cologne, “[e]ach regional board shall establish such water quality objectives in water quality control plans as in its judgment will ensure the reasonable protection of the beneficial uses and the prevention of nuisance.” In accordance therewith, the proposed project would normally be deemed to create a significant hydrologic and water quality impact on the environment if the project or if project-related activities were to: ƒ Violate any water quality objectives promulgated by the LARWQCB and contained in that water quality control plan applicable to the project site. The Lead Agency has not identified other standards that can appropriately be extracted from other related policy or other environmental documents and used as the basis for assessing the potential significance of project-related and cumulative hydrologic and water quality impacts. 4.4.3 IMPACT ANALYSIS Construction Impacts Construction Impact 4-1. Development activities, including both residences and portions of the internal street system, are proposed within the area presently designated as a “flood hazard area” on the County Assessor’s Parcel Maps. Level of Significance before Mitigation: Less than Significant With regards to Lot 49 in Tract No. 32576, as indicated in the preliminary title report, “[t]he following matters shown or disclosed by the filed or recorded map referred to in the legal description: We hereby dedicate to the County of Los Angeles the right to restrict the erection of buildings or other structures within those areas designated on the map as flood hazard areas.” As further indicated therein, there exists “[p]rotective conditions, which provide that each owner of a lot in said tract shall not in any way interfere with the established drainage in or over any lot, adequate provisions for proper drainage shall be made therefore. ‘Established drainage’ is defined therein as the drainage, as the same existed at the time of the overall grading of said tract, including the landscaping of any such lot in said tract, if any, as completed.”24 No similar restrictions or conditions appear to encumber the Sasak properties (Lots 46, 47, and 48). 23/ Op. Cit., State CEQA Guidelines, Appendix G, Section VIII (Hydrology and Water Quality). Draft Environmental Impact Report August 2006 24/ First American Title Insurance Company, Preliminary Report, July 14, 2005, p. 3. Section 4.4: Hydrology and Water Quality Page 4.4-13 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.4-14 Section 4.4: Hydrology and Water Quality The Los Angeles County Assessor's parcel maps for the subject property, as well as the previously recorded subdivision maps for Tract 32576, depict or make reference to flood hazard zones and/or flood control drainage improvements. In addition, covenants and restrictions recorded in 1979 provide in part that the drainage patterns over the subject property established when the grading for said Tract 32576 was performed shall not be altered without provision of adequate, replacement drainage. The landslides that occurred in the early 1990's over a significant portion of the subject property and subsequent remedial grading substantially altered the grade and drainage of the project site. The Applicant's engineers have prepared and submitted drainage and grading studies which provide for new drainage patterns and ensure that no habitable structures will be constructed within any designated flood plain. The final subdivision map shall set forth the locations of any new drainage structures and devices required to accommodate the proposed land use and safety convey storm waters. The project covenants, conditions and restrictions (CC&Rs) shall stipulate that homeowners shall not alter the established drainage patterns, unless necessary for the reasonable use of their property and then only subject to submission of evidence of acceptable, alternative drainage. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Construction Impact 4-2. Grading, material stockpiling, and equipment staging will result in the removal of existing ground cover, disrupt surface soils, increase the potential for erosion and sediment transport, and potentially impact existing beneficial uses. Level of Significance before Mitigation: Less than Significant The amount of sediment lost from disturbed construction sites depends primarily on: (1) the duration and extent of disturbance; (2) the volume and rate of surface runoff; (3) the configuration and topography of the exposed site; and (4) the use of mitigating soil conservation practices. Unless effectively controlled, increased sediment discharge could adversely impact the capacity of existing storm drain systems to effectively convey storm waters and impact any existing habitat areas located downstream from the project site. Reduction in sediment losses during construction is, therefore, necessary to both ensure the integrity of affected storm drain facilities and for the protection of the aquatic environment. During construction, temporary erosion control devices and temporary sediment control BMPs will be utilized by the Applicant to mitigate the off-site transport of eroded sediment. Erosion control (soil stabilization) is any source control practice that protects the soil surface and prevents soil particles from being detached by rainfall, flowing water, or wind. Erosion control practices can include use of hydraulic, straw, or wood mulch, hydroseeding, application of soil binders, and installation of earth dikes and drainage swales, velocity dissipation devices, and slope drains. Erosion control BMPs can be used effectively to temporarily prevent erosion. These BMPs, alone or in combination, prevent erosion by intercepting, diverting, conveying, and discharging concentrated flows in a manner that prevents soil detachment and transport.25 Sediment control is any practice that traps soil particles after they have been detached and moved by rain, flowing water, or wind. Sediment control measures are usually passive systems that rely on filtering or settling the particles out of the water or wind transporting them. Sediment control practices can consist of installing linear sediment barriers (silt fences, sandbag barriers, and straw bale barriers); providing fiber rolls, gravel bag berms, or check dams to break up 25/ California Stormwater Association, California Stormwater Best Management Practices Handbook - Construction, January 2003, p. 3-1 (http://www.cabmphandbooks.com/Documents/Construction/Construction.pdf). South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.4: Hydrology and Water Quality Page 4.4-15 slope length or flow, or constructing sediment traps or sediment basins. Sediment control BMPs are most effective when used in conjunction with erosion control BMPs.26 Because construction activities may result in the spillage of earthen materials on local streets, the Applicant will routinely sweep public roadways adjacent to the site in order to remove those materials prior to their discharge into the storm drain system. Recent studies have shown that street sweeping effectively removes the smallest dust particles and achieves meaningful runoff quality benefits.27 A discharge of water (effluent) could result from the handling and placement of excavated material at the stockpile site. Any effluent discharged during material placement and temporary storage is referred to as decant water. The discharge of decant water from any temporary stockpile or storage areas to surface waters or surface water drainage courses is prohibited except where BMPs are adopted to comply with effluent and receiving water limitations. Construction impacts will be minimized through compliance with the Construction General Permit. The Construction General Permit requires that dischargers prepare a SWPPP and implement temporary erosion control devices and temporary sediment control BMPs, consistent with the Best Available Technology Economically Achievable and Best Conventional Pollution Control Technology (BAT/BCT) of the Construction General Permit. The project’s SWPPP will be developed as required by and in compliance with the Construction General Permit and County standard conditions. The Construction General Permit requires that the SWPPP include a menu of BMPs to be selected and implemented based on the site conditions, the phase of construction, and the weather conditions. BMPs to be included in this menu include, among others, slope stabilization using rock or vegetation, re-vegetation, hydro- seeding or using tackifiers on exposed areas, installation of basin energy dissipators, drop structures, catch basin inlet protection, construction material management, and cover and containment of construction materials and wastes. Pursuant to the MS4 Permit, the Applicant is further obligated to prepare a SUSMP, including appropriate BMPs and guidelines to reduce pollutants in storm water to the MEP. These sediment-control practices are routinely imposed as conditions of grading permit approval. The Construction General Permit and compliance with MS4 Permit requirements constitute mandatory project measures. As such, practices and procedures are already in place to minimize erosion and sediment transport to the MEP. Compliance with such actions will ensure that project-induced water-borne erosion does not significantly impact downstream drainage systems. On this basis, the impact of construction on water quality as a result of erosion and sediment transport from the project is considered less than significant and no project conditions or mitigation measures are recommended or required. Operational Impacts Operational Impact 4-3. Project implementation will result in the introduction of impervious surfaces onto the project site and, as a result of the impedance of opportunities for absorption and infiltration of those waters, has the potential to increase the quantity, velocity, and duration of storm waters discharged from the tract map area. Level of Significance before Mitigation: Significant unless Mitigation Incorporated 26/ Ibid., p. 3-2. 27/ United States Environmental Protection Agency, Storm Water Management Fact Sheet – Dust Control, EPA 832-F-99-003, September 1999. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.4-16 Section 4.4: Hydrology and Water Quality As areas undergo development, surfaces that allow storm water to percolate into the ground are usually made less pervious, thus increasing the runoff volumes and rates. An increase in imperviousness may result in changes to stream hydrology, including: (1) increased peak discharges compared to predevelopment levels; (2) increased volume of storm water runoff compared to predevelopment levels; (3) decreased travel time to reach receiving water; (4) increased frequency and severity of floods; and (5) increased runoff velocity during storms due to a combination of effects of higher discharge peaks, rapid time of concentration, and smoother hydraulic surfaces from channelization.28 Several reports and case studies on mostly perennial streams suggest that increased runoff volume and velocity from urbanization in watersheds with natural channels may contribute to channel enlargement (stream erosion), either through widening of the stream banks, downcutting of the streambed, or a combination of both.29 The majority of the undeveloped site presently drains in a north-westerly direction to an existing detention basin before deposit into a receiving, re-enforced concrete pipe (RCP) inlet. The northern portion of the site drains to the north-east to a receiving 30-inch RCP storm drain within Larkstone Drive. As developed and as illustrated in Figure 4.4-4 (Developed Conditions Hydrologic Map) and Figure 4.4-5 (Drainage Exhibit), all runoff from the proposed tract map area will drain to three separate points of discharge. The adjoining portion of the park area to be dedicated by the WVUSD will drain to the existing 30-inch diameter RCP storm drain located within Larkstone Drive at two locations upstream from the proposed intersection of Larkstone Drive and the proposed entry road (Private Street “A”). Table 4.4-4 (Summary of Developed Conditions Flows) summarizes the developed condition drainage area and 50-year peak flow totals at each of the discharge locations. Table 4.4-5 (Summary of Existing vs. Developed Conditions Flows) summarizes the effects of the project’s development on each of the drainage locations. As indicated, developed storm water runoff from the majority of the site is routed through the existing northwestern detention basin. When compared against existing flows, site development will increase the overall 50- year peak flow to both the existing detention basin and to the 30-inch diameter RCP located in Morning Sun Avenue. In contrast, as noted in Table 4.4-6 (Summary of Larkstone Drive Flows), overall developed flow discharge to the receiving Larkstone Drive 30-inch diameter RCP is about 6.1 cubic feet per second (cfs) less than those associated with pre-project conditions. Developed storm water runoff from the majority of the project site is routed through an existing detention basin located to the northwest of the site. Table 4.4-7 (Summary of Developed Conditions Detention Basin) provides a summary of peak developed inflow and mitigated outflow from this existing detention basin. The northwestern basin bottom elevation is 645 feet and the top elevation is 653 feet. As per the County’s “Storm Drain Plans in Tract No. 30893 P.D. No. 1467,” dated July 1980, flow exits this existing basin via one 36-inch diameter reinforced concrete pipe (RCP) built into an existing headwall. This orifice has an invert elevation coincident with the basin bottom elevation of 645 feet. Stage storage calculations, orifice calculations and emergency spillway riser overflow calculations demonstrate that the basin can mitigate the peak inflow of 119.9 cfs to a peak outflow of 75.7 cfs. Peak water surface elevation within the basin ponds to a predicted height of about 651.6 feet. 28/ California Regional Water Quality Control Board, Los Angeles Region, Staff Report and Record of Decision - Standard Urban Storm Water Mitigation Plans and Numerical Design Standards for Best Management Practices, January 18, 2000, p. 2. 29/ Southern California Coastal Water Research Project, Request for Proposal – Peak Discharge Impact Study, 2002, p. 2. South Pointe West City of Diamond Bar, California Figure 4.4-4 DEVELOPED CONDITIONS HYDROLOGY MAP Source: Hunsaker & Associates Draft Environmental Impact Report August 2006 Section 4.4: Hydrology and Water Quality Page 4.4-17 South Pointe West City of Diamond Bar, California Figure 4.4-5 DRAINAGE EXHIBIT Source: Hunsaker & Associates August 2006 Draft Environmental Impact Report Page 4.4-18 Section 4.4: Hydrology and Water Quality South Pointe West City of Diamond Bar, California Table 4.4-4 SUMMARY OF DEVELOPED CONDITIONS FLOWS Discharge Location Drainage Area (acres) 50-Year Peak Flow (cfs) Northwestern Detention Basin (36-inch RCP) 40.0 75.71 Private Street “A” (Larkstone Drive 30-inch RCP) 2.7 9.0 Lower Park Site (Larkstone Drive 30-inch RCP) 3.2 9.5 Upper Park Site (Larkstone Drive 30-inch RCP) 3.7 12.0 Morning Sun Avenue (30-inch RCP) 2.1 6.9 Total 51.7 113.1 Notes: 1. Mitigated outflow from detention basin. Source: Hunsaker & Associates, Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California, May 26, 2006 Table 4.4-5 SUMMARY OF EXISTING VS. DEVELOPED CONDITIONS FLOWS Discharge Location Drainage Area (acres) 50-Year Peak Flow (cfs) Northwestern Detention Basin (36-inch RCP) Existing Conditions 41.4 49.0 Developed Conditions 40.0 75.71 Change (1.4) 26.7 Private Street “A” (Larkstone Drive 30-inch RCP) Existing Conditions - 15.5 Developed Conditions 2.7 9.0 Change - (6.5) Lower Park Site (Larkstone Drive 30-inch RCP) Existing Conditions - 3.3 Developed Conditions 3.2 9.5 Change - 6.2 Upper Park Site (Larkstone Drive 30-inch RCP) Existing Conditions - 17.8 Developed Conditions 3.7 12.0 Change - (5.8) Morning Sun Avenue (30-inch RCP) Existing Conditions 0.0 0.0 Developed Conditions 2.1 6.9 Change 2.1 6.9 Total - 25.3 Notes: 1. Mitigated outflow from detention basin. Source: Hunsaker & Associates, Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California, May 30, 2006 Draft Environmental Impact Report August 2006 Section 4.4: Hydrology and Water Quality Page 4.4-19 South Pointe West City of Diamond Bar, California Table 4.4-6 SUMMARY OF LARKSTONE DRIVE FLOWS Larkstone Drive (30-inch RCP storm drain) Drainage Area (acres) 50-Year Peak Flow (cfs) Existing Conditions - 36.61 Developed Conditions 9.6 30.5 Change - (6.1) Notes: 1. Factored from Q25. Source: Hunsaker & Associates, Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California, May 30, 2006 Table 4.4-7 SUMMARY OF DEVELOPED CONDITIONS DETENTION BASIN Detention Basin Drainage Area (acres) 50-Year Peak Inflow (cfs) 50-Year Peak Outflow (cfs) Developed Conditions 40.0 119.0 75.7 Source: Hunsaker & Associates, Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California, May 30, 2006 As per the County’s “Storm Drain Plans in Tract No. 30893 P.D. No. 1467,” dated July 1980, the receiving 36-inch RCP storm drain has a design capacity flow of 92.8 cfs. The 75.7 cfs of developed flows mitigated by the existing detention basin is, therefore, safely conveyed via this existing storm drain system. Table 4.4-8 (Summary of Overall Pre-Developed and Post-Developed Flows) summarizes the overall peak developed flows versus the peak pre-developed flows generated by the project site. The table illustrates that the developed conditions flows generated by the project site is approximately 16.3 cfs less than the design flows listed for the receiving storm drain systems. Table 4.4-8 SUMMARY OF OVERALL PRE-DEVELOPED AND POST-DEVELOPED FLOWS Receiving Storm Drain Pre-Development Design 50-Year Peak Flow (cfs) Post-Development Design 50-Year Peak Flow (cfs) Larkstone Drive (30-inch RCP) 36.61 30.5 Northwestern Detention Basin (36-inch RCP) 92.8 75.7 Morning Sun Avenue (30-inch RCP) - 6.9 Total 129.4 113.1 Notes: 1. Factored from Q25. Source: Hunsaker & Associates, Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California, May 30, 2006 August 2006 Draft Environmental Impact Report Page 4.4-20 Section 4.4: Hydrology and Water Quality South Pointe West City of Diamond Bar, California With regards to the 50-year capital storm, the project conforms to the County’s “Interim Peak Flow Standard” which stipulate that post-development runoff from a 50-year capital storm not exceed the pre-development peak-flow rate. The project’s engineering analysis has demonstrated that the proposed storm drain system will effectively operate during a 50-year capital storm event. From that, reasonable supposition can be made requiring the adequacy of the proposed drainage improvements. Since no 2-year, 24-hour storm analysis has been submitted by the Applicant, once final development plans have been formulated, further design- level analysis may be required by the LACDPW. Hydraulic analysis was undertaken for both the receiving 30-inch RCP within Larkstone Drive and the 30-inch RCP within Morning Sun Avenue. The analysis indicates that these existing storm drain systems have capacity to safely convey the developed flows that will be discharged from the proposed project site. Although adequate storm drain capacity exists to accommodate post-project flows, as indicated in Table 4.4-5 (Summary of Existing vs. Developed Condition Flows), project development will result in a substantial increase in storm water discharge. Pursuant to the LACDPW’s “Interim Peak Flow Standard,” post-development runoff shall not exceed the pre-development peak flow rate. The projected increase in 50-year peak flows, therefore, constitutes a significant impact. A mitigation measures has been formulated to ensure that drainage improvements are consistent with applicable design and development standards and that post-project drainage flows do not result in any adverse public safety or other impacts (Mitigation Measure 4-1). In addition, a mitigation measure has been recommended to ensure that the detention basin is capable of the stated performance (Mitigation Measure 4-2). Implementation of those measures would reduce potential hydrologic impacts to a less-than-significant level. Operational Impact 4-4. Unless effectively sized and maintained, all structural and treatment control BMPs, including those to be maintained by the County and by the homeowners’ association, will not result in their planned performance and efficacy. Level of Significance before Mitigation: Less than Significant Elements required by the MS4 permit and SUSMP criteria have been incorporated into the design of the proposed project. Prior to discharge from the developed project site, 85th percentile treatment flows will be treated via three continuous deflective separators (CDS) or approved equivalent flow based treatment units, shall be located at the three post-development discharge locations. Runoff from the two neighborhood park outlet locations along Larkstone Drive will not require treatment as runoff discharged to these locations are tributary of natural inflows only. The 85th percentile design flow rates have been calculated using the rational method. Applying an 85th percentile intensity of 0.2 inch/hour and approximately 42 percent imperviousness in the contributing watershed, Table 4.4-9 (Developed Conditions 85th Percentile Calculations) summarizes the 85th percentile rational method flow calculations for the proposed water quality treatment BMPs. As indicated, rational method calculations predict an 85th percentile runoff flows of 6.3 cfs, 0.5 cfs and 0.4 cfs for the area discharging to the detention basin, Street “A,” and Morning Sun Avenue outlet locations. As proposed, one CDS PSW 50_42 and two CDS PMSU 20_15 treatment units or approved, equivalent flow-based treatment units, with respective treatment flow capacities of 9.0 cfs and 0.7 cfs, will be provided upstream of the detention basin and receiving storm drain systems. Draft Environmental Impact Report August 2006 Section 4.4: Hydrology and Water Quality Page 4.4-21 South Pointe West City of Diamond Bar, California Table 4.4-9 DEVELOPED CONDITIONS 85TH PERCENTILE CALCULATIONS Location Drainage Area (acres) Rainfall Intensity (inches/hour) Runoff Coefficient 85th Percentile Treatment Flow (cfs) Northwestern Detention Basin (36-inch RCP) 35.8 0.2 0.88 6.3 Private Street “A” Entrance (Larkstone Drive 27-inch RCP) 2.7 0.2 0.88 0.5 Morning Sun Avenue (30-inch RCP) 2.1 0.2 0.88 0.4 Notes: 1. Weighted C coefficient. Source: Hunsaker & Associates, Tentative Map Drainage Study for South Pointe West, City of Diamond Bar, California, May 30, 2006 As specified in the MS4 permit and County SUSMP Manual (Appendix D), improper maintenance is one of the most common reasons why water quality controls will not function as designed or which cause the system to fail. As part of the project review, if a project proponent has included or is required to include structural or treatment control BMPs in project plans, the Permittee shall require that the applicant provide verification of maintenance provisions through such means as may be appropriate, including, but not limited to, legal agreements, covenants, CEQA mitigation requirements, and/or conditional use permits. For residential properties where the structural or treatment control BMPs are located within a common area which will be maintained by a homeowners’ association (HOA), language regarding the responsibility for maintenance must be included in the project’s conditions, covenants, and restrictions (CC&R). As a result, mechanisms are in place with which to maintain and monitor structural and treatment control BMPs. Additional discussion of proposed flow-based BMPs, including design criteria, CDS treatment units, pollutant removal efficiency, maintenance requirements, operations and maintenance plan, schedule of maintenance activities, annual operations and maintenance costs, BMP location, and determination of design treatment flows is presented in Appendix II-C (Drainage Concept/Standard Urban Stormwater Mitigation Plan). Although not specifically required based on the absence of an identified significant environmental effect, a project condition (Project Condition 4-1) has been recommended stipulating the preparation of a storm water management plan, including a description of source controls to keep contaminants out of runoff and treatment controls to remove contaminants that become entrained with the runoff. In addition, a second project condition (Project Condition 4-2) has been recommended in order to ensure that volume-based treatment control BMPs and flow- based BMPs are designed and maintained in accordance with the provisions of the County’s SUSMP Manual. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Cumulative Impacts Cumulative Impact 4-6. The project’s implementation and that of other development projects could adversely impact receiving surface or groundwater quality, create hydrologic impacts that could result in significant adverse impacts to natural drainage systems, and adversely affect opportunities for groundwater recharge. August 2006 Draft Environmental Impact Report Page 4.4-22 Section 4.4: Hydrology and Water Quality South Pointe West City of Diamond Bar, California Level of Significance before Mitigation: Less than Significant Adequate design and development control measures, including design specifications, have been formulated by and are implemented by the City and by the County to ensure that all public and private drainage facilities and structures are constructed and maintained in recognition of applicable project-related and cumulative hydrologic conditions and drainage flows. All related projects will be required to provide an appropriate site-specific response to any storm water impacts attributable to those activities. Compliance with City and with LACDPW standards and specification and receipt of all requisite permits and approvals will reduce potential cumulative drainage impacts to a less-than-significant level. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.4.4 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions ƒ Project Condition 4-1. Prior to the issuance of a grading permit, the Applicant shall submit and, when acceptable, the City Engineer shall approve a project-specific storm water management plan, including a description of source and treatment controls. ƒ Project Condition 4-2. Volume-based treatment control BMPs and flow-based BMPs for the project shall be sized in accordance with provisions of the Los Angeles County’s “Manual for the Standard Urban Storm Water Mitigation Plan” (SUSMP Manual). Facility sizing shall be finalized during the design stage by the project engineer with the final hydrology study, which will be prepared to ensure consistency with the SUSMP Manual and the EIR prior to issuance of the grading permit. Mitigation Measures ƒ Mitigation Measure 4-1. Prior to the issuance of grading permits, all revetment structures, debris basins, and other drainage facilities and improvements shall be subject to final design and engineering review and approval by the City Engineer and, for those storm drain facilities under County jurisdiction, by the Los Angeles County Department of Public Works (LACDPW). ƒ Mitigation Measure 4-2. Prior to the issuance of grading permits, the Applicant shall verify that that the existing detention basin is serviceable for its specific purpose and calculated design capacity. If it is determined that the basin requires remediation, subject to prior LACDPW authorizations, specifications, and timing requirements, those actions shall be undertaken with the site’s development. 4.4.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS As mitigated, the approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related or cumulative hydrologic or water quality impacts. Draft Environmental Impact Report August 2006 Section 4.4: Hydrology and Water Quality Page 4.4-23 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.4-24 Section 4.4: Hydrology and Water Quality South Pointe West City of Diamond Bar, California 4.5 BIOLOGICAL RESOURCES As indicated in the previously certified SPMP FEIR, with regards to the larger development project examined therein, the Lead Agency had previously concluded that certain impacts could not be mitigated to a less-than-significant level. Among those impacts, the Lead Agency concluded that the loss of specimen-sized oak trees located within and adjoining those areas where grading operations and associated activities are anticipated constituted an unavoidable adverse impact. Based, in part, upon those earlier findings, this analysis includes, but is not limited to, an assessment of impacts upon those specimen-sized trees on the project site. 4.5.1 ENVIRONMENTAL SETTING 4.5.1.1 Regulatory Setting Federal Endangered Species Act The Federal Endangered Species Act of 1973 (FESA) provided for the conservation of ecosystems upon which “threatened” and “endangered” species of fish, wildlife, and plants depend. Among other provisions, the FESA authorizes the listing of species as endangered and threatened,1 prohibits unauthorized taking, possession, sale, and transport of endangered species, and authorizes the assessment of civil and criminal penalties for violations of the FESA. The FESA seeks to preserve endangered and threatened species by protecting individuals of the species and their habitat and by implementing measures that promote their recovery. Candidate species that are proposed for listing do not receive substantive or procedural protection under the FESA. Once a species is listed, Section 7 of the FESA requires that federal agencies, in consultation with the United States Fish and Wildlife Service (USFWS) or National Marine Fisheries Service (NMFS), ensure that their actions do not jeopardize the continued existence of the species or habitat critical for the species’ survival. Federal wildlife agencies are required to provide an opinion as to whether the proposed federal action would jeopardize the species. The opinion must include reasonable and prudent alternatives to the action that would avoid jeopardizing the species’ existence. Federal actions subject to Section 7 of the FESA include issuance of federal permits. The mitigation of a proposed project’s impacts is not considered until avoidance of those impacts has first been fully analyzed. Federal Clean Water Act Section 404 of the CWA establishes a program regulating the discharge of dredged and fill material into waters of the United States (WoUS), including wetlands. The basic premise of the program is that no discharge of dredged or fill material shall be permitted if a practicable alternative exists that is less damaging to the aquatic environment or if the nation's waters would be significantly degraded. Applicants must first show that they have taken steps to avoid, where practicable, wetland impacts, minimized potential impacts to wetlands, and provided compensation for any remaining, unavoidable impacts through activities to restore or create wetlands. 1/ Under the FESA, an endangered species is one that is in danger of extinction in all or a significant part of its range. A threatened species is one that is likely to become endangered in the near future unless conservation and other actions are undertaken. Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-1 South Pointe West City of Diamond Bar, California Regulated activities are controlled by a permit review process administered by the United States Department of the Army Corps of Engineers (ACOE). For those projects that have the potential to produce significant impacts, an individual permit may be required. For most projects, however, the ACOE administers a nationwide permit (NWP) program for particular categories of activities (e.g., minor road crossings, utility line backfill, and bedding) as a means to expedite the permitting process. Generally, an individual permit is required if over 0.5 acres of WoUS will be impacted of if over 300 linear feet of jurisdictional non-ephemeral waters are impacted. In the absence of wetlands, the limits of ACOE jurisdiction in non-tidal waters, such as rivers, lakes, and intermittent streams, extends to the ordinary high water mark (OHWM).2 Unless otherwise exempt under a NWP, applicants for federal permits that involve dredge or fill activities in surface waters, including wetlands, are required to obtain certification from the State verifying that the proposed activity will comply with applicable State water quality standards. Applicants must concurrently apply for a Section 401 water quality certification stating that the proposed project will not violate the State’s water pollution control laws. In California, Section 401 certification actions are the responsibility of the SWRCB and its nine RWQCBs. Federal Migratory Bird Treaty Act The Federal Migratory Bird Treaty Act of 1918 (MBTA) establishes a federal prohibition, unless otherwise permitted by regulations, to “pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention. . .for the protection of migratory birds. . .or any part, nest, or egg of any such bird” (16 USC 703). The MBTA decreed that all migratory birds and their parts (e.g., eggs, nests, and feathers) are fully protected. California Endangered Species Act The California Endangered Species Act (CESA) is similar to the FESA. Listing decisions are, however, made by the California Fish and Game Commission rather than by the USFWS or NMFS. The CESA directs the California Department of Fish and Game (CDFG) to coordinate with the USFWS and NMFS in the consultation process so that consistent and compatible opinions or findings can be adopted by federal and State agencies. As defined, a native species is endangered when "its prospects of survival and reproduction are in immediate jeopardy from one or more causes." A native species is threatened when "although not presently threatened with extinction, it is likely to become an endangered species in the foreseeable future in the absence of the special protection and management efforts." A native plant is rare when "although not presently threatened with extinction, it is in such small numbers throughout its range that it may become endangered if its present environment worsens." The CESA also creates a "candidate" category, defined as a taxon that has been officially noticed by the California Fish and Game Commission as being under review by the CDFG for addition to the threatened or endangered species lists. 2/ The ordinary high water mark is defined as “that line on the shore established by the fluctuation of water indicated by physical characteristics such as a clear, natural line impressed on the bank, shelving, changes in the character of soil, destruction of terrestrial vegetation, the presence of litter and debris, or other appropriate means that consider the characteristics of the surrounding areas.” August 2006 Draft Environmental Impact Report Page 4.5-2 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California Pursuant to the CESA, a CDFG permit is required for projects that result in the take of a State- listed threatened or endangered species. Under the CESA, a take of a species is defined as an activity that would, directly or indirectly, kill an individual of a species but does not include harm or harassment, as is included in the FESA. For projects causing incidental take, CDFG is required to specify reasonable and prudent measures to minimize impacts on listed species. California Fish and Game Code Sections 1600-1616 of the California Fish and Game Code (CFGC) requires any person, State, or local agency, or public utility to notify the CDFG before beginning an activity that will do one or more of the following: (1) substantially obstruct or divert the natural flow of a river, stream, or lake; (2) substantially change or use any material from the bed, channel, or bank of a river, stream, or lake; or (3) deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into a river, stream, or lake. CDFG jurisdiction includes ephemeral, intermittent, and perennial watercourses and is extended to the limit of riparian habitat that is located contiguous to the water resource and functions as part of the watercourse system. If the CDFG determines that the activity could substantially and adversely affect an existing fish and wildlife resource, a lake or streambed alteration agreement is required. City of Diamond Bar General Plan The General Plan includes a number of policies that address, either directly or indirectly, biological resources that may be applicable at the project level. Relevant policies include, but may not be limited to, the following: ƒ To preserve significant environmental resources within proposed developments, allow clustering or transferring of all or part of the development potential of the entire site to a portion of the site, thus preserving the resources as open space, and mandating the dedication of those resources to the City or a conservancy (Strategy 1.5.6, Land Use Element). ƒ Encourage clustering within the most developable portions of project sites to preserve open space and/or other natural resources. Such development should be located to coordinate with long-term plans for active parks, passive (open space) parks, and preserve natural open space areas (Strategy 1.6.4, Land Use Element). ƒ Ensure that time-specific issues are evaluated as part of the review of new development and intensification of existing development. For example, when deemed appropriate by the City, require prior to approval that biological assessments be prepared through the seasonal cycle of plants and migration of wildlife for a period of not less than one year (Strategy 2.1.3, Land Use Element). ƒ To the greatest extent possible, require that dwelling units, structures and landscaping be sited in a manner which: protects views for existing development, retains opportunities for views from dwellings, preserves or enhances vistas, particularly those seen from public places, preserves mature trees, natural hydrology, native plant materials, and areas of visual interest, permit removal of vegetation as part of a City or Fire District approved fuel modification plan (Strategy 1.1.7, Resource Management Element). ƒ New development should include the preservation of significant trees of cultural or historic value (Strategy 1.1.12, Resource Management Element). ƒ Maintain, protect, and preserve biologically significant areas, including SEA 15, riparian areas, oak and walnut woodlands, and other areas of natural significance, providing only Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-3 South Pointe West City of Diamond Bar, California such recreational and cultural opportunities as can be developed in a manner sensitive to the environment (Objective 1.2, Resource Management Element). ƒ Recognizing the significance of SEA 15 ecological resources, support further definition of the extent and intensity of such resources to provide needed additional information for the purpose and intent of preservation of this area (Strategy 1.2.1, Resource Management Element). ƒ Ensure that all development, including roads, proposed adjacent to riparian and other biologically sensitive habitats avoid significant impacts to such areas. Require that new development proposed in such locations be designed to minimize or eliminate impacts on environmentally sensitive areas, protect the visual seclusion of forage areas from road intrusion by providing vegetative buffering, provide wildlife movement linkages to water, food, shelter and nesting, provide vegetation that can be used by wildlife for cover along roadsides, avoid intrusion of night lighting into identified areas through properly designed lighting systems, allow wildlife and migration access by use of tunnels or other practical means, replace fresh drinking water for wildlife when natural water areas are removed or blocked, to the greatest extent possible, prevent street water runoff from flowing into natural or blueline streams (Strategy 1.2.2, Resource Management Element). ƒ Take an active role in pursuing the preservation of environmentally sensitive canyon areas in their natural state (Strategy 1.2.4, Resource Management Element). ƒ To the greatest extent possible, provide for preservation of flora and fauna (Strategy 1.2.5, Resource Management Element). City of Diamond Bar Municipal Code The City’s Municipal Code contains a number of regulations that, either directly or indirectly, related to biological resources. Those ordinances that appear most applicable to the proposed project are outlined below: ƒ Natural Vegetation. Pursuant to Section 8.12.1430 (Removal or Destruction of Natural Vegetation Prohibited, Exception) in Title 8 (Health and Safety) of the Municipal Code), no person shall remove or destroy or cause the removal or destruction of natural vegetation on sloping terrain within the City without first obtaining written approval from the City building official to do so. As stipulated in Section 8.12.1440 (Approval to Perform Work), prior to the removal or destruction of vegetation regulated by this division, the owner in control of the land or owner’s agency shall submit a written request to the City building official for approval to perform the work. Such request shall include a description of the property and be accompanied by a map showing the topography of the land and the location of any drainage courses, the location and extent of the proposed work, and details of the precautionary measures or devices to be used to prevent erosion and flood hazards, including if necessary, a drainage plan by a civil engineer showing routing of runoff, estimate of quantity and frequency of runoff, character of soils, and channel sections and gradients. ƒ Landscape Plans. As required under Section 22.24.030 (Landscape Plan Requirements) in Chapter 22.24 (Landscape Standards) in Title 22 (Development Code) of the Municipal Code: “A preliminary landscape plan shall be submitted as part of an application for a land use entitlement, for new development, and the significant expansion or redevelopment of an existing use as determined by the director.” As required in Section 22.24.040 (Landscape Area Requirements), landscaping shall be provided as follows: (1) all setback and open space areas required under the August 2006 Draft Environmental Impact Report Page 4.5-4 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California development code shall be landscaped, except where a required setback is occupied by a sidewalk or driveway or where a required setback is screened from public view and it is determined by the director that landscaping is not necessary to fulfill the purposes of this chapter; (2) all areas of a project site not intended for a specific use shall be landscaped unless it is determined by the director that landscaping is not necessary to fulfill the purposes of this chapter; and (3) new single-family developments shall provide landscaping with an automatic irrigation system for the area of the site between the street curb and the front of the structure from side property lines. As further required under Section 3316.4(b) (Planting and Irrigation Plans and Specifications) in Title 15 (Building and Construction Safety) in the Municipal Code: “For grading which includes cut slopes more than five feet in height; or fill slopes supporting structures or more than three feet in height; or natural slopes disturbed more than ten feet in surficial extent by the grading operations planting and irrigation plans and specifications shall be submitted for approval of the city engineer. For all manufactured slopes more than 20 feet in height or natural slopes disturbed more than 20 feet in surficial extent by grading operations plans shall be prepared and signed by a civil engineer or landscape architect.” ƒ Protected Trees. As indicated in Section 22.38.010 (Purpose) in Chapter 22.38 (Tree Preservation and Protection) in the Municipal Code, the “[G]eneral [P]lan, as the overall policy document for the city, requires the preservation and maintenance of native trees including oak, walnut, sycamore, willow, significant trees of cultural or historical value and pepper trees where appropriate. The purpose of this chapter is to protect and preserve these trees and when removal is allowed as a result of new development to require their replacement.” The provisions of the City’s tree preservation and protection ordinance are applicable in all zoning districts to the removal, relocation or pruning of “protected trees,” as provided in Section 22.38.030 (Protected Trees). As indicated in Section 22.38.040 (Damaging Protected Trees Prohibited), except as provided in Section 22.38.060 (Exemptions), no person shall cut, prune, remove, relocate, or otherwise destroy a “protected tree.” The topping of “protected trees” is prohibited. As defined in Section 22.38.030 (Protected Trees), a “protected tree” is any: (1) native oak, walnut, sycamore and willow trees with a DBH of eight inches or greater; pepper trees with a DBH of eight inches or greater where appropriate; (2) trees of significant historical or value as designated by the City Council; (3) trees required to be preserved or relocated as a condition of approval for a discretionary permit; (4) any tree required to be planted as a condition of approval for a discretionary permit; and (5) stand of trees, the nature of which makes each tree dependent upon the others for survival. 4.5.1.2 Regional Setting The California Natural Diversity Data Base (CNDDB) is a valuable repository of rare plant and animal information maintained by the Habitat Conservation Division of the California Department of Fish and Game (CDFG). The primary function of the CNDDB is to gather and disseminate data on the status and locations of rare and endangered plants, animals, and vegetation types. The California Native Plant Society (CNPS) is a substantial contributor to the database. The CNDDB only records actual sightings of rare species and natural communities.3 3/ Bittman, Roxanne, The California Natural Diversity Database: A Natural Heritage Program for Rare Species and Vegetation, Fremontia, Vol. 29:3-4, Department of Fish and Game, July/October 2001, pp. 57-62. Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-5 South Pointe West City of Diamond Bar, California In order to identify the range of sensitive species and plant communities that may exist on the project site, a CNDDB records search of the 7.5-Minute USGS Yorba Linda topographic quadrangle was conducted. The findings of the CNDDB search are presented in Table 4.5-1 (CNDDB Records Search – Yorba Linda Quadrangle).4 Although some species are provided protected species status, most species of plants and animals remain relatively common and are not afforded any statutory or regulatory protections. On the opposite side of the spectrum, certain species, based on their environmental and/or human health impacts, are classified as noxious, exotic, alien, invasive, or categorized as vectors. Noxious species are generally any species that is undesirable because it conflicts, restricts, or otherwise causes problems under management objectives. Certain plant species are declared noxious by laws concerned with plants that are weedy in cultivated crops and on range. Exotic means from another country and not native to the place where found. 4.5.1.3 Local Setting Following the 1995 landslide, substantial remedial grading was conducted on the project site. Between May 1995 and October 1997, the western portion of the property was subject to extensive geotechnical investigation and earthwork. Those grading operations resulted in the removal of much of the then existing vegetation and substantially changed the vegetative character of the project site. As such, the site’s existing biological resources have been altered from those conditions described in the SPMP FEIR. Information germane to this assessment was derived from a variety of sources, including the CNDDB, the CDFG’s “The Vegetation Classification and Mapping Program List of California Terrestrial Natural Communities Recognized by The California Natural Diversity Database,”5 the CNPS’ “Inventory of Rare and Endangered Vascular Plants of California,”6 the CDFG’s “Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities”7 and “Preliminary Description of the Terrestrial Natural Communities of California,”8 and “The Jepson Manual – Higher Plants of California.”9 In addition, the Applicant has submitted and the Lead Agency has independently reviewed a number of site-specific and project-specific studies that provide information concerning the site’s existing biological resources. Based on the findings of the City’s independent third-party review, the Applicant submitted additional information addressing existing biological resources. Those studies include “Biological Resources Assessment – South Pointe West, Diamond Bar, Los Angeles County, California” (PCR Services Corporation, January 27, 2006), “Biological Resources Assessment – South Pointe West, Diamond Bar, Los Angeles County, California” (PCR Services Corporation, October 7, 2005), “South Pointe West Tree Survey Report” (PCR Services Corporation, July 7, 2005, revised August 12, 2005), and “Investigation of Jurisdictional Wetlands and Waters of the U.S.” (PCR Services Corporation, June 16, 2005, 4/ The area comprising the USGS 7.5-minute quadrangle is approximately 64 square miles. As such, the information contained in the CNDDB is not necessarily indicative of those resources found on the project site. 5/ California Department of Fish and Game, The Vegetation Classification and Mapping Program List of California Terrestrial natural Communities Recognized by The California Natural Diversity Database, September 2003 Edition. 6/ Tibor, David (ed.), Inventory of Rare and Endangered Plants of California, Sixth Edition, 2001. 7/ California Department of Fish and Game, Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities, December 9, 1984, Revised May 8, 2000. 8/ Holland, Robert F., Preliminary Description of the Terrestrial Natural Communities of California, California Department of Fish and Game, 1986. 9/ Hickman, James C. (ed.), The Jepson Manual, Higher Plants of California, 1993. August 2006 Draft Environmental Impact Report Page 4.5-6 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California revised August 15, 2005). Those technical studies, in combination with the City’s independent analysis, serve, in part, as the basis for this environmental analysis. Table 4.5-1 CNDDB RECORDS SEARCH - YORBA LINDA QUADRANGLE Common Name Scientific Name Federal Status California Status CDFG Animals Long-eared owl Asio otus None None SC3 Coastal cactus wren Campylorhynchus brunneicapillus sandiegenis Threatened None SC Coastal California gnatcatcher Polioptrila californica californica Threatened1 None SC Least Bell’s vireo Vireo bellii pusillus Endangered2 Endangered - Tricolored blackbird Agelaius tricolor None SC Southwestern pond turtle Emys (=Clemmys) marmorata pallida None None SC Coast (San Diego) horned lizard Phrynosoma coronatum (blainvillei) None None SC Coast patch-nosed snake Salvadora hexalepis virgultea None None SC Northern red-diamond rattlesnake Crotalus ruber ruber None None SC Plants Southern tarplant Centromadia parryi ssp. australis None None 1B4 Many-stemmed dudleya Dudleya multicaulis None None 1B Chaparral sand-verbena Abronia villosa var. aurita None None 1B Santa Ana River woolly-star Eriastrum densifolium ssp. sanctorum Endangered Endangered 1B Intermediate mariposa lily Calochortus weedii var. intermedius None None 1B Plant Communities Southern coast live oak riparian forest Southern coast live oak riparian forest None None - Southern willow scrub Southern willow scrub None CHIP5 - California walnut woodland California walnut woodland None None S2.16 Notes: 1. Animal species listed as “threatened” do not automatically have protection under the FESA. The USFWS, under Section 4(d) of the FESA, has applied most of the same protection provided for “endangered” species to “threatened” species. 2. Listing as “endangered” gives species protection under Section 9 of the FESA, which prohibits the take of a federally-listed endangered species. 3. Identified as a California “Species of Special Concern,” defined as species whose declining population levels, limited ranges, and/or continuing threats have made them vulnerable to extinction. 4. California Native Plant Society (CNPS) List 1B (Rare, threatened, or endangered in California and elsewhere). 5. Community of Highest Inventory Priority (CHIP). 6. S2.# - Occurs in 6-20 known locations and/or 2,000-10,000 acres of habitat remaining. The number to the right of the decimal point refers to the degree of threat posed to that natural community regardless of the ranking (e.g., S1.1 – very threatened; S2.2 – threatened; S3.3 – no current threat known). Source: CNDDB, October 2005; CDFG, December 22, 2005 Additional information concerning the site’s existing biological resources and the project’s potential impacts is presented in Appendix II-D (Biological Resource Assessment). Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-7 South Pointe West City of Diamond Bar, California Biological Resources Assessment As indicated in the CDFG’s “The Vegetation Classification and Mapping Program List of California Terrestrial Natural Communities Recognized by The California Natural Diversity Database”: “The primary purpose of the CNDDB classification is to assist in the location and determinations of significance and rarity of various vegetation types. Thus, ranking of natural communities by their rarity and threat is an important facet of the classification.”10 As described in Table 4.5-2 (Plant Communities) and as shown in Figure 4.5-1 (Existing Plant Communities), existing vegetation on the site can be categorized by plant community.11 A total of 13 CNDDB- recognized and non-recognized plant communities have been identified as occurring on the subject property. Each plant community is individually discussed below. ƒ California Sagebrush Scrub (CSS).12 California sagebrush scrub occurs primarily on the terraced slopes containing V-ditches. Dominant plant species include California sagebrush, purple sage, and California brittlebush. Associated plant species include California buckwheat, mule fat, black sage, black mustard, rip gut grass, coyote brush, California dodder, Mexican elderberry, goldenstar, golden yarrow, and wild sweet pea. ƒ Mixed Chaparral (MCH). Mixed chaparral, which is most consistent with Coastal Sage Chaparral Scrub, occurs within the southern and eastern portions of the project site along the steep-sloping hills and ridges. This community type was not characterized under Holland or the CNDDB but was found to be most consistent with coastal sage chaparral scrub, with the only difference being the lack of the dominant chaparral species, chamise, and ceanothus. Dominant plant species include California sagebrush, coyote brush, toyon, black sage, poison oak, and scrub oak. Associated plant species include orange bush monkey-flower, scarlet monkey-flower, Mexican elderberry, black mustard, tocalote, California brittlebush, mule fat, coast live oak, wild cucumber, bull thistle, California dodder, foxtail chess, horehound, rip gut grass, deerweed, and yellow sweet clover. ƒ Southern Willow Scrub (SWS). Southern willow scrub occupies three small areas in the drainage features that traverse the project site. Dominant plant species include black willow, arroyo willow, and pampas grass. Associated plant species include coyote brush, rabbit’s foot grass, and yellow sweet clover. About 0.3 acre of southern willow scrub occurs in three small patches within the project site. Southern willow scrub is considered a “high priority for inventory”13 or Community of Highest Inventory Priority (CHIP) in the CNDDB. ƒ Mule Fat Scrub (MFS). Dominant plant species include mule fat. Associated plant species include tree tobacco, Mexican elderberry, coyote bush, deerweed, tocalote, and curly dock. 10/ Op. Cit., The Vegetation Classification and Mapping Program List of California Terrestrial Natural Communities Recognized by The California Natural Diversity Database, p. 2. 11/ Acreage figures presented in this and other technical reports may differ from those presented in the draft specific plan. Many of the technical reports were prepared prior to the completion of the current planning document and may, therefore, encompass an area that differs from and, in many instances, exceeds the project site. Unless otherwise noted, these differences are not significant and do not invalidate the use of the referenced technical studies as part of the data sources upon which this environmental is derived. 12/ The classification of plant communities follows the CDFG’s “List of California Terrestrial Natural Communities Recognized by the Natural Diversity Database” (CDFG, September 2003). 13/ Op. Cit., The Vegetation Classification and Mapping Program List of California Terrestrial Natural Communities Recognized by The California Natural Diversity Database, p. 38. August 2006 Draft Environmental Impact Report Page 4.5-8 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California Table 4.5-2 PLANT COMMUNITIES Post-Project Acreage1Pre-Project Acreage1Disturbed Retained Plant Community In-Tract Off-Site Total Percent of Total In-Tract2Off-SiteTotal Percent of DisturbedIn-Tract Off-Site Total Percent of Retained California Sagebrush Scrub 7.0 0.2 7.2 16.1 6.4 (0.9) 0.2 6.6 17.0 0.6 0.0 0.6 10.0 Mixed Chaparral 3.7 3.1 6.8 15.2 0.7 (0.1) 3.1 3.8 9.8 3.0 0.0 3.0 50.0 Southern Willow Scrub30.3 0.0 0.3 0.7 0.1 (<0.1) 0.0 0.1 0.3 0.2 0.0 0.2 3.3 Mule Fat Scrub 0.8 0.4 1.2 2.7 0.8 (0.0) 0.4 1.2 3.1 0.0 0.0 0.0 0.0 Mule Fat Scrub/Ruderal 3.6 3.5 7.1 15.8 3.4 (<0.1) 3.5 6.9 17.8 0.2 0.0 0.2 3.3 Coast Live Oak Woodland 0.9 0.0 0.9 2.0 0.5 (<0.1) 0.0 0.5 1.3 0.4 0.0 0.4 6.7 Mexican Elderberry Series 0.1 0.0 0.1 0.2 <0.1 (<0.1) 0.0 <0.1 <0.3 0.1 0.0 0.1 1.7 Developed 0.1 0.2 0.3 6.7 <0.1 (<0.1) 0.2 0.2 0.5 0.1 0.0 0.1 1.7 Disturbed 1.4 5.4 6.8 15.2 1.2 (0.1) 5.4 6.6 17.0 0.2 0.0 0.2 3.3 Ornamental 0.3 0.0 0.3 6.7 0.1 (0.1) 0.0 0.1 0.3 0.2 0.0 0.2 3.3 Ruderal 2.7 0.2 2.9 6.5 2.4 (0.1) 0.2 2.6 6.7 0.3 0.0 0.3 5.0 Ruderal/Disturbed 10.3 0.2 10.5 23.4 9.6 (0.3) 0.2 9.8 25.3 0.7 0.0 0.7 11.7 Ruderal/Mixed Chaparral 0.0 0.4 0.4 8.9 0.0 (0.0) 0.4 0.4 1.0 0.0 0.0 0.0 0.0 Totals431.3 13.5 44.8 100.0 25.2 13.5 38.8 100.0 6.0 0.0 6.0 100.0 Notes: 1. For discussion purposes only, the term “in-tract” refers to the 31.3-acre tract map area and the term “off-site” refers to the 13.5-acre stockpile and neighborhood park site located to the east of the tract map boundaries. Collectively, both “in-tract” and “off-site” acreage that is identified constitutes the project site. 2. Acreages presented in parenthesis represent the portion of the in-tract impacts associated with fuel modification zones. 3. Southern willow scrub is considered a “high priority for inventory” in the CNDDB. 4. Deviations between subtotals and totals are based on rounding. Source: PCR Services Corporation Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-9 South Pointe West City of Diamond Bar, California ƒ Mule Fat Scrub/Ruderal (MFS/RUD). Dominant plant species include mule fat, deerweed, California brittlebush, yellow sweet clover, and tocalote. Associated plant species include black mustard, coyote brush, foxtail chess, California sagebrush, tamarisk, tree tobacco, orange bush monkey-flower, common sow thistle, scarlet monkey-flower, purple sage, and black sage. ƒ Coast Live Oak Woodland (CLOW). Coast live oak woodland occurs within the northwestern and eastern portions of the project site. Dominant plant species include coast live oak. Associated plant species include Mexican elderberry, toyon, poison oak, and California black walnut. ƒ Mexican Elderberry Series (MES). Mexican elderberry series occurs within the south- western portion of the project site. Dominant plant species include Mexican elderberry. Associated plant species include Freemont’s cottonwood, scrub oak, and poison oak. ƒ Developed (DEV). Developed areas are areas that are devoid of natural vegetation and are characterized by man-made structures. ƒ Disturbed (DIS). Disturbed areas are devoid of vegetation, consisting rimarily of bare ground. ƒ Ornamental (ORN). Ornamental communities occur within the southwestern portion of the study area. Vegetation within this community includes various planted non-native ornamental species typically used for aesthetic purposes. ƒ Ruderal (RUD). Dominant plant species include yellow sweet clover, black mustard, and tocalote. Associated plant species include bristly ox-tongue, red-stemmed filaree, doveweed, deerweed, sweet fennel, soft brome, telegraph weed, Spanish clover, California milkweed, wild oat, coast range melic, and fescue. ƒ Ruderal/Disturbed (RUD/DIS). Ruderal/disturbed areas consist of disturbed areas that contain patches of ruderal, non-native, weedy plant species. Dominant plant species include black mustard, and tocalote. Associated species include foxtail chess, wild oat, doveweed, and red-stemmed filaree. ƒ Ruderal/Mixed Chaparral (RUD/MCH). Dominant plant species include tocalote, black sage, poison oak, and scrub oak. Associated plant species include California sagebrush, black mustard, orange bush monkey-flower, coyote brush, mule fat, Mexican elderberry, rip gut brome, common sow thistle, deerweed, coast live oak, and wild oat. Field surveys of the project site were conducted between August 3, 2004 and June 16, 2005. Sensitive plant surveys were conducted on April 26 and June 9, 2005. Plant communities were mapped directly in the field. All plant species observed during the surveys were either identified in the field or collected and later identified using taxonomic keys. Sensitive plant species documented in the general project area that have a potential to occur on the project site include Braunton’s milk-vetch, many-stemmed dudleya, chaparral sand verbena, Davidson’s saltscale, Nevin’s barberry, thread-leaved brodiaea, Catalina mariposa lily, Plummer’s mariposa lily, intermediate mariposa lily, Peirson’s morning-glory, Payson’s jewelflower, caparral nolina, southern tarplant, small-flowered morning glory, Mexican flannelbush, Palmer’s grapplinghook, mesa horkelia, southern California black walnut, Coulter’s goldfields, heart-leaved pitcher sage, Robinson’s peppergrass, small-flowered microseris, felt- August 2006 Draft Environmental Impact Report Page 4.5-10 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California leaved mondrella, California spineflower, California muhly, Brand’s phacelia, Fish’s milkwort, Engelmann oak, Parish’s gooseberry, Coulter’s matilija poppy, southern skullcap, rayless ragwort, and salt spring checkerbloom. No sensitive plant species were, however, observed during any of the field surveys. A number of sensitive wildlife species, including those listed as endangered or threatened under the FESA and CESA, candidates for listing by the USFWS and CDFG, and species of special concern as identified by the CDFG, are known to occur within the region. In order to assess the presence/absence of those species, both general and focused species-specific wildlife surveys were conducted between August 3, 2004 and June 16, 2005. All wildlife species observed by sight, call, track, nests, scat, remains, or other signs were recorded. In addition to those species detected, expected users of the project site by other wildlife were derived from the analysis of habitats present within the study area and known habitat preferences of regionally- occurring wildlife species. A discussion of each sensitive wildlife species potentially present within the study area and its presence or potential presence on the project site is presented in Table 4.5-3 (Sensitive Wildlife Species). Habitat assessments identified potentially suitable habitat for the federally threatened coastal California gnatcatcher (CAGN). The project site is not, however, located within either existing or proposed “critical habitat” for that species.14 In order to ascertain the species’ presence or absence, nine focused CAGN protocol surveys were conducted between August and December 2004 within all portions of the study area containing suitable habitat. No CAGN were identified on or near the project site during those focused surveys. In 1993 and updated in 2005, the California Exotic Pest Plant Council, now the California Invasive Plants Council (CIPC), developed and published a list of exotic plants known to be invading native ecosystems and plant communities. As indicated in Table 4.5-4 (Non-Native Plants Observed on the Project Site), a number of non-native plants species (including CPIC- listed species) have been observed on the project site. Tree Survey Report Under the provisions of the City’s protected tree ordinance, subject to specified minimum diameter at breast height specifications, native oak, walnut, sycamore, willow trees, and pepper trees are all provided protected status. As shown in Figure 4.5-2 (Protected Tree Species Location Map), a total of 65 ordinance-size coast live oak trees and five ordinance-size willow trees were counted, recorded, and assessed on the project site. All trees were found to be in fair to good condition physiologically, structurally, and aesthetically. As illustrated, the majority of the trees observed are located near the northeastern and northwestern borders of the site. Preliminary Jurisdictional Delineation A jurisdiction delineation survey was conducted in May 2005 for the purpose of delineating the limits of ACOE and LARWQCB jurisdiction, pursuant to Sections 401 and 404 of the CWA, and CDFG jurisdiction, pursuant to Sections 1600-1616 of the CDFG. The potential for WoUS and for waters of the State (WoS) was investigated based on the presence or absence of an OHWM or, if not clearly visible, as determined by erosion, the deposition of vegetation or debris, and changes in vegetation. 14/ “Critical habitat” refers to specific geographic areas essential for the conservation of a threatened or endangered species that may require special management considerations. Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-11 South Pointe West City of Diamond Bar, California Table 4.5-3 SENSITIVE WILDLIFE SPECIES Scientific Name Common Name FederalState Preferred Habitat Distribution Occurrence1 RETILES Phryonosomatidae Iguanid Lizards Phrynosoma coronatum Coast horned lizard None CSC Valley-foothill hardwood, conifer, and riparian habitats, pine-cypress, juniper and annual grassland habitats below 6,000 ft., open country, especially sandy areas, washes, flood plains, and windblown deposits Coastal ranges and foothills of Sierra Nevada from San Francisco Bay Area and northern Central Valley south to San Diego and Baja California P Salvadora hexalepis virgultea Coast patch-nosed snake None CSC Coastal chaparral, desert scrub, washes, sandy flats, and rocky areas Point Conception south through Baja California P BIRDS Accipitridae Hawks, Kites, Harriers, and Eagles Elanus leucurus White-tailed kite None SFP Grasslands with scattered trees, near marshes, along highways Length of State; breeding in lowlands from Sacramento to San Diego Counties P-B Circus cyaneus Northern harrier None CSC Coastal salt marshes, freshwater marshes, grasslands, and agricultural fields; occasionally forages over open desert and brushlands Alaska, Canada, to southern United States P-F Aquila chrysaetos Golden eagle None CSC, SFP Mountains, deserts, and open country; prefer to forage over grasslands, deserts, savannahs and early successional stages of forest and shrub habitats. Nesting sites are usually located in secluded cliffs with overhanging ledges or in large trees Throughout CA with the exception of the center of the central valley P-F Accipiter striatus Sharp-shinned hawk None CSC Woodlands; forages over chaparral and other scrublands; prefers riparian habitats and north-facing slopes, with plucking perch sites Entire State, although only winters in most of southern California P-B Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-12 South Pointe West City of Diamond Bar, California Table 4.5-3 SENSITIVE WILDLIFE SPECIES (Continued) Scientific Name Common Name FederalState Preferred Habitat Distribution Occurrence1 Accipiter cooperii Cooper’s hawk None CSC Open woodlands especially riparian woodland Entire State P-B Buteo regalis Ferruginous hawk None CSC Rivers, lakes, and coasts; grasslands and agricultural areas during winter Winters throughout most of California P-F Falconidae Falcons Falco columbarius Merlin None CSC Coastlines, wetlands, woodlands, agricultural fields, and grasslands Winter migrant throughout most of the State P-F Falco mexicanus Prairie falcon None CSC Grasslands, savannahs, rangeland, agricultural fields, and desert scrub; often uses sheltered cliff ledges for cover Se deserts northwest along the inner Coast Ranges and Sierra Nevada P-F Falco peregrinus anatum American peregrine falcon Delisted SE, SFP Open country, cliffs (mountains to coasts) Occurs uncommonly throughout California with the exception of the southeastern deserts P-F Laniidae Shrikes Lanius ludovicianus Loggerhead shrike None CSC Open habitats with scattered shrubs, trees, posts, fences, utility lines, or other perches Formerly a common resident throughout most of CA, becoming increasingly scarce in many areas in recent years P Sylviidae Gnatcatchers Polioptila californica Coastal California gnatcatcher FT CSC Coastal scrub below 800 meters Eastern Orange, southwestern Riverside, Los Angeles, and San Diego Counties, Camp Pendelton, Tijuana River Valley, San Gabriel, and San Bernardino Mountains NE Embirizidae Aimophila ruficeps canescens Southern California rufous-crowned sparrow None CSC Generally, steep, rocky areas within coastal sage scrub and chaparral, often with scattered bunches of grass; prefers relatively recently burned areas Cismontane southern California P Amphispiza belli belli Bell’s sage sparrow None CSC Chamise chaparral and coastal sage scrub Trinity County south to Baja California, west of the deserts P MAMMALS Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-13 South Pointe West City of Diamond Bar, California Table 4.5-3 SENSITIVE WILDLIFE SPECIES (Continued) Occurrence1 Scientific Name Common Name FederalState Preferred Habitat Distribution Vespertilionidae Mouse-eared Bats Antrozous pallidus Pallid bat None CSC Nests in dry, rocky habitats/ caves, crevices in rocks, arid habitats including deserts, chaparral, and scrublands Common in low elevations throughout CA except for the high Sierra Nevada from Shasta to Kern Counties and the northwester corner of the State P Molossidae Free-tailed bats Eumops perotis californicus Western mastiff bat None CSC Primarily arid lowlands, especially deserts. Open, semiarid to arid habitats including conifer and deciduous woodlands, coastal scrub, annual/perennial grasslands, palm oases, chaparral, desert scrub, and urban Uncommon resident of lower elevations in se San Joaquin Valley and Coastal Ranges from Monterey Counties southward through s California from the coast eastward to the Colorado desert P Nyctinomops fermorosaccus Pocketed free-tailed bat None CSC Arid lowland areas and desert canyons; mixed conifer forest Coastal areas of So. California, primarily San Diego County P Leporidae Rabbits and Hares Lepus californicus bennettii San Diego black-tailed jackrabbit None CSC Open brushlands and scrub habitats between sea level and 4,000 feet elevation Coastal So. California from Ventura County into northern Baja California P Heteromyidae Chaetodipus fallax fallax Northwestern San Diego pocket mouse None CSC Sandy herbaceous areas, usually in association with rocks or coarse gravel, sagebrush, scrub, annual grassland, chaparral and desert scrubs Common resident in southwest California; arid coastal areas of Orange, San Bernardino, and Riverside Counties extending south into Baja California P Cricetidae Mice, rats, and voles Neotoma lepida intermedia San Diego desert woodrat None CSC Chaparral, coastal sage scrub, and pinyon – juniper woodland Southern California P Notes: 1. OB = Observed; P = Species has the potential to occur; NE = Species not expected to occur on-site due to the lack of suitable habitat or the negative results of focused surveys; F = For raptor species: if present, would utilize the site for foraging only; N = For raptor species: if present, would utilize the site for nesting only; B = For raptor species: if present, would utilize the site for both foraging and nesting. Source: PCR Services Corporation Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-14 South Pointe West City of Diamond Bar, California Table 4.5-4 NON-NATIVE PLANTS OBSERVED ON THE PROJECT SITE CIPC Classification Common Name Scientific Name 19991 20052 Sweet fennel Foeniculum vulgare List A-1 Tocalote Centaurea melitensis List B Medium Bull thistle Cirsium vulgare - Medium Bristly ox-tongue Picris echioides Considered but not Listed Low Common sowthistle Sonchus oleraceus - - Black mustard Brassica nigra List B - Red-stemmed filaree Erodium cicutarium - Low Horehound Marrubium vulgare Low Curly dock Rumex crispus Low Scarlet pimpernel Anagallis arvensis Tree tobacco Nicotiana glauca Needs More Info Medium Mediterranean tamarisk Tamarix ramonsissima List A-1 High Wild oat Avena sp. Annual Grasses Medium Ripgut grass Bromus diandrus Annual Grasses Medium Soft chress Bromus hordeaceus - Low Foxtail chress Bromus madritensis ssp. Rubens List A-2 High Pampas grass Cortaderia selloana High Annual beard grass Polypogon monspeliensis Low Fescue Vulpia myuros - Medium Notes: 1. The 1999 CalEPPC/CIPC exotic plant list is divided into the following categories: (1) List A (Most invasive wildland pest plants; documented as aggressive invaders that displace natives and disrupt natural habitats); (2) List A-1 (Widespread pests that are invasive in more than 3 Jepson regions); (3) List A-2 (Regional pests invasive in 3 Jepson regions); (4) List B (Wildland pest plants of lesser invasiveness; invasive pest plants that spread less rapidly and cause a lesser degree of habitat disruption; may be widespread or regional); (5) Need More Information (Plants for which current information does not adequately describe nature of threat to wildlands, distribution, or invasiveness); (6) Annual Grasses (Preliminary list of annual grasses, abundant and widespread in California, that pose significant threats to wildlands); and (7) Considered but not Listed (Plants that after review of status do not appear to pose a significant threat to wildlands). 2. The 2005 CIPC exotic plant list is divided into the following categories: (1) High – These species have severe ecological impacts on ecosystems, plant and animal communities, and vegetational structure. Their reproductive biology and other attributes are conducive to moderate to high rates of dispersal and establishment; these species are usually widely distributed ecologically, both among and within ecosystems; (2) Medium – These species have substantial and apparent – but generally not severe – ecological impacts on ecosystems, plant and animal communities, and vegetational structure; their reproductive biology and other attributes are conducive to moderate to high rates of dispersal, though establishment is generally dependent upon ecological disturbance; ecological amplitude and distribution may range from limited to widespread; (3) Low – The ecological impacts of these species is minor; their reproductive biology and other invasive attributes result in low to moderate rates of invasion; ecological amplitude and distribution are generally limited (these species may be locally persistent and problematic); (4) Alert – This is an additional designation for some species in either the high or medium category whose current ecological amplitude and distribution are limited.; the designation alerts managers to species that are capable of rapidly invading unexploited ecosystems, based on initial, localized observations, and on observed ecological behavior in similar ecosystems elsewhere; and (5) Considered but not Listed - In general, this designation is for species for which information is currently inadequate to respond with certainty to the minimum number of criteria questions or for which the sum effects of ecological impacts, invasiveness, and ecological amplitude, and distribution fall below the threshold for ranking (the overall rank falls below Low); many such species are widespread but are not known to have substantial ecological impacts (though such evidence may appear in the future). Source: Environmental Impact Sciences Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-15 South Pointe West City of Diamond Bar, California ACOE jurisdictional wetlands were delineated using a routine determination according to the methods outlined in the ACOE’s “Wetland Delineation Manual.”15 In areas where jurisdictional wetlands were suspected, data on vegetation, hydrology, and soils was collected along established transects. As shown in Figure 4.5-3 (Jurisdictional Features Map) and as summarized in Table 4.5-5 (Jurisdictional Features), the project site supports two unnamed drainage systems (Drainages A and B), two associated tributaries (Tributaries B1 and B2), and several non-jurisdictional swale features and irrigation V-ditches. Drainage A is a natural, unlined feature located within the southwestern corner of the site, draining south to north before exiting the site through an underground culvert. Drainage B, draining south to north, is characterized by natural and concrete-lined portions located within the central portion of the site. These drainages have experienced a large degree of disturbance, resulting in the realignment of the natural hydrology. Table 4.5-5 JURISDICTIONAL FEATURES Width (feet) Acres (acres) Feature Length (feet) ACOE/RWQCB CDFG ACOE/RWQCB1 CDFG2 Nature Drainage A 75.75 6 8 0.01 (0.00) 0.07 (0.03) Ephemeral Drainage B 1,453.87 3-25 5-50 0.21 (0.12) 0.70 (0.08) Perennial Tributary B1 165.67 15 35 0.02 (0.00) 0.11 (0.00) Intermittent Tributary B2 77.46 1 5 <0.01 (0.00) 0.01 (0.00) Ephemeral Total3 1,772.75 - - 0.24 (0.12) 0.89 (0.11) - Notes: 1. Acreages presented in parenthesis represent the portion of ACOE/RWQCB jurisdiction that meets the three- parameter definition of wetlands. 2. Acreage in parenthesis represents the portion of VCDFG jurisdiction that is unvegetated. 3. Jurisdictional acreage often overlaps and are, therefore, not additive. Jurisdictional areas less than 0.01 acres are not included in the total calculation. Source: PCR Services Corporation The two unnamed drainage systems (Drainages A and B) and two associated tributaries (Tributaries B1 and B2) are briefly described below. ƒ Drainage A. Drainage A, an unnamed USGS-designated blue-line stream that enters and exits the southwestern corner of the tract map area, is characterized by an unvegetated, open, sandy streambed that exhibits ephemeral hydrology. The channel bottom is incised approximately one foot and has a clearly defined OHWM that measured about six feet in width. The banks support Mexican elderberry (a facultative species), wild cucumber and bull thistle (obligate upland species), and black mustard (a non-indicator species). Drainage A exits the tract map area along the southwestern boundary through a 36-inch diameter culvert that continues in a westerly direction underneath the adjacent residential neighborhood. Drainage A measures about 75.75 linear feet on the project site and supports about 0.01 acre of ACOE/RWQCB jurisdictional waters and approximately 0.07 acre of CDFG jurisdictional streambed and associated riparian habitats. No jurisdictional wetlands occur within Drainage A. 15/ United States Army Corps of Engineers (Environmental Laboratory), Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, 1987. August 2006 Draft Environmental Impact Report Page 4.5-16 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California ƒ Drainage B. Drainage B is an unnamed USGS-designated blue-line stream that enters the south-central portion of the tract map area and terminates within the northwestern portion of the property through a concrete culvert. The culvert continues in a northerly direction underneath the adjacent residential community. The upper 246 linear feet are characterized by an earthen streambed with an average width of about 15 feet. This reach contained 0.25-inch of surface water and exhibited perennial hydrology at the time of the field investigation. The vegetation community within this reach was dominated by red willow and poison oak (facultative wetlands species) and mule fat (a facultative species). This wetland area measured about 246 linear feet with an average width of about 15 feet (0.09 acre). The next 340 linear feet are characterized by a 5-foot wide, shallow concrete-lined channel. The channel in this reach contained less than an inch of surface water at the time of the field investigation and supported a few non-native species. The vegetation along the banks included pampas grass, black sage, Italian thistle, California sagebrush, and mule fat. From this point, the drainage enters a 36- inch diameter culvert and continues underground to the northwest for approximately 589 linear feet. The next 264 linear feet are characterized by an earthen streambed that contained 1 to 4 inches of flowing surface water at the time of the field investigation. This reach supports southern willow scrub and coast live oak woodland communities dominated by yellow willow, poison oak and common sow thistle (non-indicator species), narrow-leaf cattail, black willow, sedge, and water speedwell (obligate wetland species), northern willow herb and curly dock (facultative wetlands species), purple sage (UPL), mule fat (a facultative species. The slopes of Drainage B support similar vegetation as well as scarlet pimpernel (a facultative species), coast live oak, wild grape (a facultative wetlands species, and pampas grass (an obligate upland species). The drainage exhibited some channel incision up to three feet as well as terracing within the OHWM. This wetland measured area measured approximately 40 linear feet with an average width of 20 feet (0.03 acre). Drainage B supports two tributaries (Tributary B1 and B2). In total, Drainage B measures about 1,454 linear feet and supports about 0.21 acre of ACOE/RWQCB jurisdictional waters, including 0.12 acre of ACOE/RWQCB jurisdictional wetlands and about 0.70 acre of CDFG jurisdictional streambed and associated riparian habitats. ƒ Tributary B1. Tributary B1 originates within the tract map area near the southern boundary and measures approximately 166 linear feet. The upper watershed of Tributary B1 has been graded and a series of concrete V-ditches capture surface flow. The first 96 linear feet are characterized by an earthen streambed. This reach of Drainage B supports little vegetation within the OHWM. Dominant species included poison oak, common sow thistle, coast live oak, and pampas grass. The next 70 linear feet of this reach were characterized by a five-foot wide, shallow concrete-lined channel supporting little to no vegetation. Tributary B1 does not support jurisdictional wetlands. Tributary B1 measures approximately 166 linear feet on the project site and supports approximately 0.02 acre of ACOE/RWQCB jurisdictional waters and approximately 0.11 acre of CDFG jurisdictional streambed and associated riparian habitats. ƒ Tributary B2. Tributary B2 originates within the tract map area near the northwestern portion of the project site. This tributary to Drainage B measured approximately 77 linear feet and supported a one-foot wide, incised channel that contained little to no vegetation. Vegetation within the adjacent upland areas included coast live oak, scarlet Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-17 South Pointe West City of Diamond Bar, California pimpernel, wild grape, and non-native grasses. Tributary B2 does not support jurisdictional wetlands. Tributary B2 measures approximately 77 linear feet on the project site and supports less than 0.01 acre of ACOE/RWQCB jurisdictional waters and about 0.01 acre of CDFG jurisdictional streambed and associated riparian habitats. Drainage A and Tributary B2 exhibits ephemeral hydrology and Drainage B and Tributary B1 exhibits ephemeral as well as intermittent hydrology. The jurisdictional drainages within the project area total about 1,774 linear feet of streambed. These drainages include about 0.24 acre of ACOE/RWQCB jurisdictional waters (which includes about 0.12 acre of ACOE/RWQCB jurisdictional wetland). These drainages also include about 0.89 acre of CDFG jurisdictional streambed and associated riparian habitat. The various jurisdictional acreages often overlap (ACOE/RWQCB acreage is typically included in CDFG acreages) and the two are not additive. 4.5.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant biological resource impact if the project or if project-related activities were to: ♦ Have a substantial adverse effect,16 either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the CDFG or USFWS. ♦ Have a substantial adverse effect on a riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFG or USFWS. ♦ Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the CWA through direct removal, filling, hydrological interruption, or other means. ♦ Interfere substantially17 with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites. ♦ Conflict18 with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. ♦ Conflict with the provisions of an adopted HCP, natural community conservation plan (NCCP), or other approved local, regional, or State HCP.19 The FESA provide legal protection for threatened and endangered species nationwide. California has similar mandates, including the CESA, the California Species Preservation Act of 1980, and the California Native Plant Protection Act of 1977. Certain species listed as threatened or endangered by the USFWS and/or by the California Fish and Game Commission 16/ As defined herein, “substantial effect” shall mean a significant loss or harm of a magnitude that, based on current scientific data and knowledge: (1) would cause a species or a native plant or animal community to drop below self-perpetuating levels on a Statewide or regional basis; (2) would cause a species to become threatened or endangered; (3) substantially reduce population numbers of a listed, candidate, sensitive, rare, or other special status species; or (4) eliminate or substantially impair the functions and values of a biological resource in a geographic area defined by interrelated biological components and systems. 17/ Certain terms, such as “substantially,” are neither defined in CEQA nor in the State CEQA Guidelines and require a local determination whether a proposed action would meet or exceed the stated standard. 18/ As defined herein, “conflict” means contradiction of a magnitude which, based on foreseeable circumstances, would preclude or prevent substantial compliance. 19/ Op. Cit., State CEQA Guidelines, Appendix G, Section IV (Biological Resources). August 2006 Draft Environmental Impact Report Page 4.5-18 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California are also protected by the California Native Plant Protection Act. Certain plant and animal taxa are considered sensitive as a result of their declining populations, vulnerability to habitat change, and restricted distributions and some habitats are considered sensitive biological resources. The California Native Plant Society (CNPS) compiles and maintains an inventory of sensitive plant species, including State and federally recognized rare plant species and those plants determined to be rare by that organization and other experts. In accordance with these requirements, the proposed project would normally be deemed to produce a significant biological resource impact if the project or if project-related activities were to: ♦ Result in a violation of any applicable regulations promulgated by a State or federal resource agency for the protection of rare, threatened, endangered, or otherwise protected species and their habitats, including wetlands. ♦ Result in a violation of any applicable State or federal laws prohibiting the elimination or net reduction in a site’s or an area’s biological value through either direct removal of sensitive or protected on-site or near-site biological resources or through the indirect disruption or interference with those resources whose impact is not substantially offset through the avoidance of such impacts or through the provision of substitute resources or environs or other measures providing reasonable and relatively equivalent compensation for such impacts. Section 5650 of the CFGC stipulates that “[i]t is unlawful to deposit in, permit to pass into, or place where it can pass into the waters of this State any of the following: (a) Any petroleum, acid, coal or oil tar, lampblack, aniline, asphalt, bitumen, or residuary product of petroleum, or carbonaceous material or substance. (b) Any refuse, liquid or solid, from any refinery, gas house, tannery, distillery, chemical works, mill or factory of any kind. (c) Any sawdust, shavings, slabs, edgings. (d) Any factory refuse, lime, or slag. (e) Any Cocculus indicus. (f) Any substance or material deleterious to fish, plant life, or bird life.” In accordance therewith, the proposed project would normally be deemed to create a significant biological resource impact if the project of if project-related activities were to: ♦ Discharge into waters of the State any substance or material deemed to be deleterious to fish, plant life, or bird life. As further indicated in Section 1603 of the CFGC, “[i]t is unlawful for any person to substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake designed by the department [CDFG], or use any material from the streambeds, without first notifying the department of such activities, except when the department has been notified pursuant to Section 1601.” In accordance therewith, the proposed project would normally be deemed to create a significant biological resource impact if the project or if project- related activities were to: ♦ Substantially divert or obstruct the natural flow or substantially change the bed, channel, or bank of any river, stream, or lake subject to the jurisdiction of the CDFG except through prior notification and authorization of that agency. As indicated in Section 735.5(d) in Title 14 of the CCR, a presumption of adverse effect exists if and when the environmental checklist form or the initial study indicates that the project may or will result in chances to the following resources: (A) riparian land, rivers, streams, watercourses, and wetlands under State and federal jurisdiction; (B) native and non-native plant life and the soil required to sustain habitat for fish and wildlife; (C) rare and unique plant life and ecological communities dependent on plant life; (D) listed threatened and endangered plant and animals Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-19 South Pointe West City of Diamond Bar, California and the habitat in which they are believed to reside; (E) all species of plant or animals as listed as protected or identified for special management in the CFGC, the PRC, the California Water Code, or regulations adopted thereunder; (F) all marine and terrestrial species subject to the jurisdiction of the CDFG and the ecological communities in which they reside; and (G) all air and water resources the degradation of which will individually or cumulatively result in a loss of biological diversity among the plants and animals residing in that air and water. The presence of the resources cited in Section 735.5(d) constitute a basis for the presumption that a project has the potential to produce an adverse effect on fish and wildlife resources or the habitat upon which the wildlife depends but does not presume that such effect is, merely by the presence of those resources, significant. The Lead Agency has not identified other applicable or potentially applicable standards that can appropriately be extracted from other related policy or environmental documents and used as the basis for assessing the potential significance of project-related and cumulative biological resource impacts. 4.5.3 IMPACT ANALYSIS Construction Impacts Construction Impact 5-1. Construction activities and fuel-modification requirements will result in direct impacts to about 38.8 acres, including about 25.2 acres located within the tract map area and 13.5 acres located beyond the tract map boundaries, resulting in the removal of existing vegetation within those areas. Fuel modification requirements imposed by the Los Angeles County Fire Department could directly impact additional vegetation. Level of Significance before Mitigation: Less than Significant As shown in Figure 4.5-4 (Impacts to Plant Communities) and as described in Table 4.5-2 (Plant Communities), project implementation will convert about 37.2 acres, located both within the tract map area (on-site) and beyond the tract map boundaries (off-site) to residential and recreational uses, engineered slope area, and will expand an existing stockpile area. Based on the larger geographic area analyzed herein, project implementation will impact (described in approximate acreage of disturbance 20 ) the following plant communities: (1) 6.6 acres of California sagebrush scrub (6.4 on-site acres and 0.2 off-site acres); (2) 3.8 acres of mixed chaparral (0.7 on-site acres and 3.1 off-site acres); (3) 1.2 acres of mule fat scrub (0.8 on-site acres and 0.4 off-site acres); (4) 6.9 acres of mule fat scrub/ruderal (3.4 on-site acres and 3.5 off-site acres); (5) 0.5 acre of on-site coast live oak woodland; (6) 0.2 acre of developed (0.2 on-site acres and less than 0.1 off-site acre); (7) 6.6 acres of disturbed (1.2 on-site acres and 5.4 off-site acres); (8) 0.1 on-site acres of ornamental; (9) 2.6 acres of ruderal (2.4 on-site acres and 0.2 off-site acres); (10) 9.8 acres of ruderal/disturbed (9.6 on-site acres and 0.2 off-site acres); and (11) 0.4 acre of off-site ruderal/mixed chaparral. 20/ The actual area of disturbance will likely be less than that described herein since the study area used for the purpose of assessing biological resource impacts (approximately 44.8 acres) exceeds the area comprising the current project site (approximately 42.12 acres). With regards to project-related impacts, the represented acreages of ground disturbance should, therefore, be considered an approximation. To the extend that any mitigation or other compensation for impacts upon one or more of these plant communities is determined, either by the Lead Agency or by other responsible agencies, to be required, the actual acreage of project-related disturbance used as the basis for such compensation might need to be recalculated based on the final grading plan. August 2006 Draft Environmental Impact Report Page 4.5-20 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 4.5-1 EXISTING PLANT COMMUNITIES Source: PCR Services Corporation Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-21 South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 4.5-2 JURISDICTIONAL FEATURES Source: PCR Services Corporation Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-22 South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 4.5-3 TREE SPECIES LOCATION MAP Source: PCR Services Corporation Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-23 South Pointe West City of Diamond Bar, California Figure 4.5-4 IMPACTS TO PLANT COMMUNITIES Source: PCR Services Corporation NOT TO SCALE Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-24 South Pointe West City of Diamond Bar, California Rare natural communities are those communities that are of highly limited distribution. These communities may or may not contain rare, threatened, or endangered species. The most current version of the CNDDB’s list of California terrestrial natural communities serves as a guide to each community’s status.21 The primary purpose of the CNDDB classification is to assist in the location and determination of significance and rarity of vegetation types. Ranking of natural communities by their rarity and threat is an important facet of their classification. Although coastal sage scrub is a community found only in southern California and has been identified as a habitat that supports a number of protected species, neither coastal sage scrub (CNDDB Code 32.300.00) nor California sagebrush scrub (CNDDB Code 32.010.00) have not been identified as communities that are either known or believed to be of high priority for inventory in the CNDDB.22 Similarly, mule fat scrub (CNDDB Code 63.510.00), and coast live oak woodland (CNDDB Code 71.060.00) are not designated as high priority habitats by the CNDDB. With the exception of southern willow scrub, none of those habitat types are protected. As a result, direct impacts to those plant communities would be less than significant. Project implementation will, however, result in direct impacts to approximately 0.1 acres of the 0.3 acres of southern willow scrub (CNDDB Code 61.208.00) habitat that now exist on the project site. This on-site plant community is patchy in distribution and is not connected to larger continuous southern willow scrub habitat areas extending beyond the project boundaries. The likelihood of this community supporting sensitive species is, therefore, considered to be minimal. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Construction Impact 5-2. As proposed, the project will permanently impact approximately 1,042 linear feet of streambed, including 0.13 acres of United States Army Corps of Engineers (ACOE), Regional Water Quality Control Board (RWQCB) jurisdictional waters and 0.33 acres of California Department of Fish and Game (CDFG) jurisdictional waters. Level of Significance before Mitigation: Less than Significant Project implementation will result in direct impacts to federal and State-administered jurisdictional waters. As illustrated in Figure 4.5-5 (Impacts to Jurisdictional Waters) and described in Table 4.5-6 (Impacts to Jurisdictional Waters), project implementation will result in direct impacts to approximately 1,042 linear feet of streambed. A total of approximately 0.13 acre of ACOE/RWQCB jurisdictional WoUS and WOS (including about 0.03 acres of wetlands) and approximately 0.33 acre of CDFG jurisdictional streambed and associated riparian habitat would be impacted within the tract map boundaries. No direct impacts to jurisdictional waters are anticipated beyond the tract map boundaries. The project will, therefore, likely require a nationwide Section 404 (CWA) permit from the ACOE, a Section 401 (CWA) water quality certification from the RWQCB, and a Section 1602 (CFGC) streambed alteration agreement from the CDFG. Resource agencies could stipulate that compensatory resources for identified impacts be provided at a ratio greater than 1:1. 21/ Op. Cit., Guidelines for Assessing the Effects of Proposed Projects on Rare, Theatened, and Endangered Plants and Natural Communities, December 9, 1983, Revised May 8, 2000, p. vii. 22/ Op. Cit., The Vegetation Classification and Mapping Program – List of California Terrestrial Natural Communities Recognized by the California Natural Diversity Database, Wildlife and Habitat Data Analysis Branch, September 2003 Edition. Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-25 South Pointe West City of Diamond Bar, California Table 4.5-6 IMPACTS TO JURISDICTIONAL WATERS Impacts within Tract Map Boundaries Impacts beyond Tract Map Boundaries Feature Length (feet) ACOE/RWQCB (acres) CDFG (acres) Length (feet) ACOE/RWQCB (acres) CDFG (acres) Drainage A 0.0 0.0 0.0 0.0 0.0 0.0 Drainage B 964 0.13 (0.03) 0.32 0.0 0.0 0.0 Tributary B1 0.0 0.0 0.0 0.0 0.0 0.0 Tributary B2 78 <0.01 (0.0) 0.01 0.0 0.0 0.0 Total 1.042 0.13 (0.03) 0.33 0.0 0.0 0.0 Notes: 1. Acreages in parenthesis represent the portion of ACOE/RWQCB jurisdiction that meets the three-parameter definition of wetlands. Source: PCR Services Corporation Although all three agencies will likely require mitigation or other conditions for identified impacts to jurisdictional waters, mitigation is not cumulative and can typically occur on the project site and/or at an off-site location, such as an ACOE-approved mitigation bank, through the preservation, restoration, enhancement, or creation of compensating jurisdictional waters. Should the project be subsequently approved, the Applicant may also be required to prepare a habitat mitigation and monitoring plan (HMMP), pursuant to ACOE guidelines,23 describing the proposed mitigation, planting palette, implementation schedule, five-year monitoring and reporting requirements, success criteria, and contingency measures. When required, the HMMP is submitted to and, when acceptable, approved by the ACOE and CDFG prior to commencement of any project-related impacts to jurisdictional waters. Direct impacts upon ACOE/RWQCB and CDFG jurisdictional waters can be effectively mitigated through either the enhancement of remaining on-site or through the provision of compensatory resources. Although not required based on existing regulatory requirements, a project condition (Project Condition 5-1) has been recommended in order to ensure compliance with the provisions of Sections 401-404 of CWA and Sections 1600-1616 of the CFGC. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Construction Impact 5-3. Proposed grading and grubbing activities will result in the removal of or direct impacts upon 46 protected ordinance-size trees (45 coast live oak trees and one willow tree) of the 70 protected ordinance-size trees (65 coast live oak trees and five willow trees) identified on the project site. Level of Significance before Mitigation: Less than Significant As shown in Figure 4.5-6 (Impacts to Protected Trees), grading and grubbing operations proposed both within the tract map area and in the vicinity of the off-site portion of the proposed neighborhood park and stockpile site will result in direct impacts on 45 protected ordinance- sized coast live oaks and one protected ordinance-size willow trees. 23/ United States Army Corps of Engineers, Habitat Mitigation and Monitoring Proposal Guidelines, Los Angeles District Regulatory Branch, June 1, 1993. August 2006 Draft Environmental Impact Report Page 4.5-26 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 4.5-5 IMPACTS TO JURISDICTIONAL WATERS Source: PCR Services Corporation Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-27 South Pointe West City of Diamond Bar, California Figure 4.5-6 IMPACTS TO PROTECTED TREE Source: PCR Services Corporation NOT TO SCALE Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-28 South Pointe West City of Diamond Bar, California Based on final grading plans, the actual number of directly impacted trees could be greater. Additionally, although now projected to be outside of the physical disturbance, grading activities could occur is such proximity to the retained trees as to adversely impact the long-term health of those trees. As such, a precise tree count remains subject to precise grading limits. As illustrated, a substantial number of protected trees are located in the area of the proposed neighborhood park site. If the proposed park plan were to be modified to include the retention of the eastern portion of the park in a more natural (undisturbed) condition, the number of protected trees potentially impacted by grading activities could be reduced. Any such modification would alter the character of the proposed park improvements and the nature of anticipated park uses. In accordance with the City’s tree preservation and protection ordinance, impacts to protected trees shall be mitigated and replaced at a minimum ratio of 3:1 for residential parcels, commercial, and industrial properties greater than 20,000 square feet. The Director of the Community and Development Services Department (Director) or the Planning Commission may, however, authorize an alternative replacement ratio. Replacement trees shall be a minimum box size of 24 inches for six or fewer replacement trees. For greater than six replacement trees, the sizes shall be determined by the Director (Section 22.38.130[b]-[c]], Municipal Code). In addition, no person shall remove or relocate a protected tree or develop within the protection zone of a protected tree without first obtaining a tree removal permit (Section 22.38.050) from the Director. However, when the removal or relocation of a protected tree is proposed in connection with an application for another discretionary permit, the Director may waive the requirement of a separate tree removal permit and require necessary information to be submitted as part of the discretionary permit application (Section 22.38.070).1 As indicated in the ordinance, the Applicant may be required, as a condition of permit approval, to enter into a tree maintenance agreement prior to removal of any protected tree or commencement of construction activities that may adversely affect the health and survival of trees to be preserved. The maintenance agreement may include provisions for the submittal of arborist reports during and after construction activities, installation of replacement trees and irrigation systems by or under the supervision of a certified arborist, replacement of trees that die during or after construction phases, periodic fertilizing and pruning, and submittal of a security deposit as may be necessary to ensure the health and survival of the affected trees during the effective date of the tree maintenance agreement. The performance security may be required for three years from the date of the approval or as determined by the Director. The amount of the performance security deposit shall be equal to 125 percent of the cost of a nursery grown tree and installation by a qualified professional (Section 22.38.130[f]). Although not specifically required based on the existence of ordinance-based obligations, a project condition (Project Condition 5-2) has been recommended in order to specify the number type of replacement trees to be provided. Nesting birds and raptors are protected under the provisions of the Federal Migratory Bird Treaty Act. Additionally, although not specifically required based on the existence of those federal requirements, another project condition 1/ To the extent feasible, tree relocation or replacement shall be on the same site from which the trees are removed. A written report by an arborist is required concerning the methodology and feasibility of transplanting trees. Where site conditions preclude the long-term success of replacement trees, the director or commission may require either or both of the following alternatives: (1) planting replacement trees on public property (e.g., designated open space areas or public parks); and/or (2) monetary donation to a tree replacement fund in the amount equal to the value of required replacement trees, and the cost of installation as established by an arborist's report. Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-29 South Pointe West City of Diamond Bar, California (Project Condition 5-3) has been formulated to further describe the Applicant’s obligations under that act. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Construction Impact 5-4. While not observed on the project site, construction could potentially impact one State-listed raptor (American peregrine falcon) and a number of unlisted sensitive reptile species (coast horned lizard and coast patch-nosed snake), sensitive birds (loggerhead shrike, southern California rufous crowned sparrow, and Bell’s sage sparrow), sensitive mammals (western mastiff bat, pallid bat, pocketed free-tailed bat, San Diego black-tailed jackrabbit, San Diego desert woodrat, and northwestern San Diego pocket mouse), and sensitive raptors (white-tailed kite, northern harrier, golden eagle, sharp-shinned hawk, Cooper’s hawk, ferruginous hawk, merlin, and prairie falcon). Level of Significance before Mitigation: Less than Significant If impacted, listed species receive special protection under the provisions of the FESA and/or CESA. In California, fully protected species may not be taken or possessed at any time and no licenses or permits may be issued for their take except for collecting these species for necessary scientific research and relocation of the bird species for the protection of livestock. Unlisted species are not covered under the provisions of either the FESA or the CESA but do fall within the general provisions of CEQA that direct agencies to seek to “avoid or minimize environmental damage where feasible” (14 CCR 15021[a]). As indicated in Table 4.5-3 (Sensitive Wildlife Species), although not observed on the project site, a number of sensitive wildlife species have the potential to occur. Sensitive reptiles that have the potential to occur within the study area include the coast horned lizard and coast patch-nosed snake. Sensitive mammals that have the potential to occur include the western mastiff bat, pallid bat, pocketed free-tailed bat, San Diego black-tailed jackrabbit, San Diego desert woodrat, and northwestern San Diego pocket mouse. Sensitive bird species that have the potential to occur include the loggerhead shrike, southern California rufous-crowned sparrow, and Bell’s sage sparrow. These species are not, however, protected by federal or State listings and the loss of individuals would not threaten regional populations. Several sensitive raptors have the potential to occur, including the white-tailed kite, northern harrier, golden eagle, sharp-shinned hawk, Cooper’s hawk, ferruginous hawk, merlin, prairie falcon, and American peregrine falcon. The sharp-shinned hawk and Cooper’s hawk may utilize the project area and vicinity for breeding and foraging. The white-tailed kite, northern harrier, ferruginous hawk, merlin, prairie falcon, and golden eagle may only utilize the project area and vicinity for foraging. With the exception of the American peregrine falcon, none of these species are protected by State or federal listing and the loss of individuals and/or their foraging habitat would not threaten regional populations. Removal of their habitat represents an adverse but less-than-significant impact to regional populations. The American peregrine falcon (Falco peregrinus anatum) is a State-listed endangered and fully protected species. It is mainly a rare spring and fall transient in the region and may utilize the study area and vicinity for foraging. Locally, the species is not a breeding resident but only an uncommon migrant. Active nesting sites are known along the coast north of Santa Barbara, in the Sierra Nevada, and in other mountains of northern California. In winter, it is found inland throughout the Central Valley and occasionally found on the Channel Islands. Migrants occur along the coast and in the western Sierra Nevada in the spring and fall. The species breeds August 2006 Draft Environmental Impact Report Page 4.5-30 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California mostly in woodland, forest, and coastal habitats. Riparian areas and coastal and inland wetlands are important habitats yearlong, especially in non-breeding seasons.2 Although this species is protected during nesting, this species is not expected to utilize the study area for nesting activities. Since project implementation would not threaten regional populations, the removal of potential foraging habitat represents a less-than-significant impact to regional populations of this sensitive species. Based on the relatively small size of the foraging habitat that will be impacted by the project’s development and the absence of any identified significant impact any sensitive species, no project conditions or mitigation measures are required or recommended. Construction Impact 5-5. Grading activities will result in the immediate mortality of small and slow moving animals and result in a disruption of wildlife habitat and the loss and displacement of wildlife, thus resulting in a less diverse and less abundant local faunal population. Level of Significance before Mitigation: Less than Significant The removal of existing undisturbed habitat areas will result in the loss of small mammals, reptiles, and other animals, especially those inhabiting subterranean burrows, of slow mobility, that live within the impacted areas. Surviving more-mobile wildlife species now using those areas would be forced to move into remaining on-site and off-site open space habitat areas, thus increasing competition for available resources. This situation could result in the further loss of those individuals that cannot successfully compete. The potential mortality of small animals has several consequences, including: (1) reduced prey base for larger predators; (2) increased pressure on surviving populations in the adjacent open space areas to absorb individuals that seek to escape mortality; (3) decline in genetic diversity; and (4) reduced number of individuals available to recolonize affected areas following site disturbance. Since these impacts would not reduce general wildlife populations below self- sustaining levels, impacts to common wildlife species are considered less than significant and no project conditions or mitigation measures are recommended or required. Operational Impacts Operational Impact 5-6. Project implementation has the potential to impede existing wildlife movement patterns across the project site. Level of Significance before Mitigation: Less than Significant In “environments fragmented by human development disruption of movement patterns can alter essential ecosystem functions, such as top-down regulation by large predators, gene flow, natural patterns and mechanisms of pollination and seed-dispersal, natural competitive or mutualistic relationships among species, resistance to invasion by alien species, and prehistoric patterns of energy flow and nutrient cycling. Without the ability to move among and within natural habitats, species become more susceptible to fire, flood, disease and other environmental disturbances and show greater rates of local extinction. The principles of island biogeography, models of demographic stochasticity, inbreeding depression, and metapopulation theory all predict that isolated populations are more susceptible to extinction than connected 2/ California Department of Fish and Game, California’s Wildlife – Birds, California Wildlife Habitat Relationship System, B129 – Peregrine Falcon, California Interagency Wildlife Task Group, 1983. Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-31 South Pointe West City of Diamond Bar, California populations. Establishing connections among natural lands has long been recognized as important for sustaining natural ecological processes and biological diversity.”3 Researchers have indicated that wildlife corridors are required by animals for three primary reasons: (1) to allow for the movement of animals between remaining natural areas, thus replenishing populations and maintaining genetic diversity; (2) provide escape routes from fire, predators, and human disturbance; and (3) provide a travel route for animals to disperse, forage, and breed. A wildlife movement corridor is defined as 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. Corridors generally contain suitable cover, food, and water to support species and facilitate movement between habitat areas. In November 2000, a wildlife conference was conducted in San Diego involving, among others, the California Department of Parks and Recreation, the USGS, The Nature Conservancy, and the California Wilderness Coalition. The conference resulted in the publication of “Missing Linkages: Restoring Connectivity to the California Landscape,” which identified 232 “critical habitat linkages” throughout California, and spurred the subsequent establishment of the South Coast Wildlands Project (SCWP). Of those, “Linkage No. 43 (Coal Canyon)” is located near the project site but is not inclusive of the project site. The identified linkage connects the Puente Hills to the Santa Ana Mountains and is identified as a “choke-point,” defined as a narrow, impacted, or otherwise tenuous habitat linkage connecting two or more habitat blocks. As indicated in the conference report: “This linkage was identified as providing habitat connectivity for mountain lion, bobcat, coyote, and mule deer. Habitat types identified in the linkage included chaparral, coastal sage scrub, Tecate cypress, and annual grassland. . .Urbanization was the only listed threat.”4 The study area is located in the Puente Hills in proximity to the open space areas comprising what has been referred to by the Conservation Biology Institute (CSI) as the “Puente-Chino Hills wildlife corridor.”5 The Puente-Chino Hills wildlife corridor is described as a generally undeveloped area extending approximately 26 miles from the Santa Ana Mountains within the Cleveland National Forest (Trabuco Ranger District) northwesterly through Chino Hills State Park to the San Gabriel River. The area is comprised of both public and private properties and is traversed by a number of major roadways (including the SR-57, SR-91, and the I-605 Freeways) which create substantial barriers to wildlife movement. Portions of Carbon and Tonner Canyons (located to the east of the SR-57 Freeway) and much of the area from the SR- 57 Freeway westward toward Harbor Boulevard are privately owned and may be subject to subsequent development. As illustrated in Figure 4.5-7 (Conservation Biology Institute’s Conservation and Restoration Priorities for the Puente-Chino Hills Wildlife Corridor), the project site is located to the north of the area identified by the CSI as part of the Puente-Chino Hills wildlife corridor. The project site is surrounded by urban development and is not directly linked to the larger open space areas to the south. Although wildlife movement corridors exist in the general project area, the project site does not serve any connectivity or linkage role with regards to regional wildlife movement. 3/ Penrod, Kristeen, et al., South Coast Missing Linkages Project: A Linkage Design for the San Gabriel- Castaic Connection, South Coast Wildlands, March 2004, p. 1. 4/ Penrod, K., Hunter, R, and Merrifield, M., Missing Linkages: Restoring Connectivity to the California Landscape, Conference Proceedings, Cosponsored by California Wilderness Coalition, The Nature Conservancy, United States Geological Survey, Center for Reproduction of Endangered Species, and California State Parks, 2001, pp. 51-52 5/ Conservation Biology Institute, Maintaining Ecological Connectivity across the “Missing Middle” of the Puente-Chino Hills Wildlife Corridor, Final Report, July 2005. August 2006 Draft Environmental Impact Report Page 4.5-32 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California Figure 4.5-7 (Conservation Biology Institute’s Conservation and Restoration Priorities for the Project Area Figure 4.5-7 CONSERVATION BIOLOGY INSTITUTE’S CONSERVATION AND RESTORATION PRIORITIES FOR THE PUENTE-CHINO HILLS WILDLIFE CORRIDOR Source: Conservation Biology Institute Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-33 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.5-34 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Operational Impact 5-7. If improperly designed and maintained, the proposed on-site flood control facilities and structural and treatment control Best Management Practices (BMPs) could potentially provide a habitat for the propagation of mosquitoes and other vectors. Level of Significance before Mitigation: Less than Significant A vector refers to any organism that can transmit an infectious disease pathogen to another organism. Vectors include any animal capable of transmitting the causative agent of human disease or capable of producing human discomfort or injury, including, but not limited to, mosquitoes, flies, other insects, ticks, mites, and rats, but not including any domestic animal. Infections acquired from vectors are referred to as vector-borne diseases. Approximately 3,000 mosquito species have been identified worldwide. There are approximately 200 species in the United States alone. Since one unifying feature of this group is that they all have obligate aquatic larvae and pupae, they must have water to complete their life cycle. Before the discovery of modern pesticides, mosquito abatement was effectively carried out by applying petroleum-based liquids (diesel oil and kerosene) to the water surface. After World War II, pesticides, including the use of DDT (dichlorodiphenyltrichloroethane), were widely used. Mosquitoes developed a resistance to DDT and other related insecticides, thus decreasing there effectiveness. In the decades that followed, many new classes of insecticides were developed for mosquito control, each with decreasing environmental toxicity. Modern mosquito control practices integrate a diversity of management practices, including the use of environmentally sound larvicides, biological control agents, and habitat management. Urban stormwater runoff regulations now mandate the construction and maintenance of structural BMPs for both volume reduction and pollution management. Those BMPs can create additional sources of standing water and sources for mosquito propagation. In 1998, the California Department of Health Services' (DHS) Vector-Borne Disease Section (VBDS) entered into an agreement with Caltrans to provide technical expertise regarding vector issues within its stormwater BMP retrofit pilot study. As part of that study, VBDS conducted a two-year study of vector production associated with the 37 operational stormwater BMP structures in southern California. The study concluded that a variety of vector species, particularly mosquitoes, utilize the habitats created by stormwater BMP structures. Design and maintenance of BMP structures can contribute to the production of vectors. In general, any design that includes standing water or requires more than 72 hours to drain serves as a source of mosquitoes and other vectors. Aquatic habitats that last only three to five days generally do not generally allow for the complete development of mosquito larvae. In California, the general recommendation has been for structures to drain completely in 72 hours or less. Dry weather flows associated with urban runoff can contribute to vector production by prolonging the occurrence of water within those structures. In addition, without proper maintenance, stormwater BMP structures can degrade and experience a degradation of their pollutant-removal efficiency. Stagnant water with a high concentration of organic material can attractive mosquitoes. Structural damage can reduce BMP performance and create conditions Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-35 South Pointe West City of Diamond Bar, California allowing for standing water. The accumulation of vegetation, silt, and debris within structures predicates the need for routine maintenance to prevent the occurrence of standing water. 29 All vector-control districts in California derive their formation, enabling, organization, and authoritative powers from the California Health and Safety Code. In the general project area, vector control is performed by the Greater Los Angeles County Vector Control District (GLACVCD), a County special district funded by ad valorum property and benefit assessment taxes. Service programs conducted by the GLACVCD include preventing and controlling mosquitoes, aquatic midges, and simulium black flies. GLACVCD was a participant in the Caltrans study and conducted weekly vector monitoring and control services for 16 operational stormwater BMP structures, representing eight different technologies, built within district boundaries. Data collected between May 1999 and April 2001 was used to make a preliminary assessment of vector production potential, design, and maintenance recommendations to order to minimize vector breeding, and formulate estimates of vector-control costs.30 The GLACVCD has expressed concern about the potential for vector production associated with the project’s BMPs. Although the impact does not itself elevate to a level of significance, a project condition (Project Condition 5-4) has been formulated to ensure that structural BMPs, through both design and maintenance, do not contribute to the production of vectors. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Operational Impact 5-8. Project implementation, including the occupancy of the proposed residential dwellings and the use of the neighborhood park site, will result in the introduction of additional indirect or secondary effects upon the remaining biological resources. Level of Significance before Mitigation: Less than Significant Causal factors generated by human activities may be collectively termed “harassment.” Harassment is defined as those activities of man and his associated domestic animals that increase the physiological costs of survival or decrease the probability of successful reproduction in wildlife populations. Potential indirect adverse impacts to vegetation and wildlife include, but may not be limited to, increased vehicular traffic and a corresponding increase in road kill and noise, an increase in human intrusion, an increase in predatory and feral pets, an increase in litter, pollutants, and other human debris, and an increase in night lighting. Common wildlife species might seek to avoid those habitat areas affected by these indirect impacts, thereby decreasing diversity beyond the actual development envelope. Since these secondary impacts would not reduce general wildlife populations below self-sustaining levels, the elimination or disruption of habitat and the diminishment of habitat value for these species is considered less than significant and no further mitigation is recommended or required. The introduction of new light sources could result in an indirect effect on the behavioral patterns of nocturnal and crepuscular (active at dawn and dusk) wildlife, including effects on small 29/ Metzer, Marco E., et al., The Dark Side of Stormwater Runoff Management: Disease Vectors Associated with Structural BMPs, Stormwater – The Journal for Surface Water Quality Professionals, Volume 3, No. 2, March/April 2002. 30/ Kluh, Susan, et al., Stormwater, BMPs, and Vectors: The Impact of New BMP Construction on Local Public Health Agencies, Stormwater – The Journal for Surface Water Quality Professionals, Volume 3, No. 2, March/April 2002. August 2006 Draft Environmental Impact Report Page 4.5-36 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California ground-dwelling animals that use the darkness to hide from predators. The potential consequences of artificial lighting include general disruptions in daily activity cycles and reductions in dispersal, foraging, and reproductive opportunities. Artificial lighting may disorientate those species accustomed to navigating at night.31 Artificial lighting favors light- tolerant species and excludes others. The most notable effects occur in areas where lights are placed close to natural habitats.32 Lights attract and disorientate animals and increase the mortality rates of wild birds.33 The introduction of high-intensity sports lighting at the proposed park site, based on the elevated nature of luminaries, the high intensity of the lighting that is utilized, and the site’s location adjacent to open space area could impact noctural and diurnal species and could serve to deter the wildlife movement of those species. Other street, residential, accent, and security lighting would have a lesser impact because pole heights, the size of luminaries, the intensity of lighting levels, and the amount of spill light would be substantial less than that which would be associated with sports lighting. Unlike habitat destruction, light pollution is one of the easiest environmental problems to correct. Good shielding of luminaries effectively reduces the amount of light beyond the area being illuminated and reflects more light into a useful, discrete pool on the ground.34 In the absence of final lighting plans for the proposed neighborhood park area, a project condition (Project Condition 12-1) has been formulated to ensure that lighting levels do not adversely impact off- site areas. Implementation of that project condition will reduce potential biological resource impact to a less-than-significant level and no further mitigation is recommended or required. Cumulative Impacts Cumulative Impact 5-9. Implementation of the proposed project, in combination with other reasonably foreseeable future projects, will contribute incrementally to the continuing reduction in relatively natural, undisturbed open space areas found within the general project area and contribute to the progressive fragmentation of habitat areas and general decline in species diversity throughout the region. Level of Significance before Mitigation: Significant unless Mitigation Incorporated Implementation of the proposed project and those reasonably foreseeable future projects listed in Table 3-2 (Related Projects Summary) will contribute incrementally to the continuing urbanization of the region. Each such project is subject to independent environmental review. To the extent those related projects were determined by the corresponding permit entity to produce adverse impacts on existing biological resources, there exists a reasonable expectation that related project-specific mitigation measures, appropriate permit conditions, and/or other actions would be imposed by that entity to reduce those biological resource effects to the maximum extent feasible. 31/ Longcore, Travis and Rich, Catherine, Ecological Light Pollution, Frontiers in Ecology and the Environment, Volume 2, No. 4, 2004, p. 193. 32/ Ibid., p. 196. 33/ British Astronomical Association, Campaign for Dark Skies, The Problems Caused by Lighting, The Treat to Wildlife (http://www.star.le.ac.uk/~dbl/cfds/wildlife.html?4O#animals). 34/ Wong, Kathleen, Turn of the Lights! California Wild, The Magazine of the California Academy of Sciences, Vol. 55: 4, Fall 2002. Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-37 South Pointe West City of Diamond Bar, California Beyond the inventory of related projects listed in Table 3-2 (Related Projects Summary), long- term development trends throughout the region suggest the further areawide diminution of habitat areas. As indicated in SCAG’s “Regional Comprehensive Plan and Guide,” “[m]uch of Southern California’s biological diversity has been lost during the past several decades. Future development necessitated by the predicted growth in the region will place demands on the remaining resources.”35 SCAG further notes: “Southern California ecosystems, mostly those on the lower elevations and gentle slopes of urbanizing areas, are shrinking, becoming fragmented, and not being managed to the point that many are in danger of serious dysfunction and hundreds of plant and animal species have become candidates for listing under the Endangered Species Acts. The potential for more species to be listed will continue to increase as more lands get converted to urban development. Non-native plants and animals are invading many sensitive habitats and are displacing native species.”36 This incremental reduction contributes to the progressive fragmentation of habitat areas and decline in species diversity. Existing undeveloped properties containing native habitat areas, therefore, take on increased importance relative to their role in sustaining viable plant and wildlife communities and providing wildlife corridors for those remaining animal species indigenous to the southern California area. The long-term loss of biological resources attributable to future areawide development will, however, produce a significant cumulative impact on those resources that are affected and result in added stress to those resources that remain. Although deemed to be significant, there exist no feasible mitigation measures to effectively address this cumulative impact other than through the imposition of regional growth management and/or regional resource conservation policies. Those actions, however, cannot feasibly be implemented at the project level. 4.5.4 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions ƒ Project Condition 5-1. In order to demonstrate compliance with applicable State and federal resource protection policies designed to protect or compensate for the loss of biological resources, prior to the initiation of any grading activities, the Applicant shall provide the Director with documentation of receipt of a Section 401 (Federal Clean Water Act) water quality certification or waiver or waste discharge requirements from the Regional Water Quality Control Board, Los Angeles Region, a nationwide Section 404 (Federal Clean Water Act) permit from the United States Army Corps of Engineers, and a Section 1602 (California Fish and Game Code) streambed alteration agreement from the California Department of Fish and Game. The Applicant shall comply with all associated permit requirements. ƒ Project Condition 5-2. Prior to the issuance of a grading permit, the Applicant shall submit to the Director and, when acceptable, the Director shall accept for subsequent processing an arborist-prepared tree survey, specifying: (1) the precise number and type of protected trees that will be directly or indirectly impacted by the proposed project; (2) 35/ Op. Cit., Regional Comprehensive Plan and Guide, March 1996, p. 9-9. 36/ Ibid., p. 9-31. August 2006 Draft Environmental Impact Report Page 4.5-38 Section 4.5: Biological Resources South Pointe West City of Diamond Bar, California the number (ratio), type, size, and source of trees that will be planted in compensation thereof; (3) the location of all replacement trees; (4) planting notes and irrigation requirements; (4) performance standards for the survivability of replacement trees; (5) a maintenance agreement stipulating the Applicant’s obligations for a minimum 3-year period, including the annual reporting; and (6) the amount and derivation of the security deposit required under the City’s tree preservation ordinance. ƒ Project Condition 5-3. As determined feasible by the Director, initial vegetation removal activities shall be conducted outside the nesting season (February 15-August 15) to avoid impacts upon nesting birds. If initial vegetation removal activities occur during the nesting season, prior to the commencement of any grubbing activities, all suitable habitat shall first be thoroughly surveyed by a qualified biologist for the presence of nesting birds. If any active nests are detected, a buffer of at least 300 feet (500 feet for raptors) shall be delineated, flagged, and vegetation removal activities avoided therein until the nesting cycle is complete, as determined by the surveying biologist or a qualified biological monitor. ƒ Project Condition 5-4. 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 project life so as not to contribute to those problems. Unless accepted by the County, the responsibilities for and the funding of BMP maintenance shall constitute obligations of the homeowners’ association. Mitigation Measures ƒ No feasible mitigation measures have been identified by the Lead Agency. 4.5.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS The approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related biological resource impacts. The long-term loss of biological resources attributable to future areawide development will, however, produce a significant, unmitigable cumulative impact on those resources. Draft Environmental Impact Report August 2006 Section 4.5: Biological Resources Page 4.5-39 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.5-40 Section 4.5: Biological Resources South Point West City of Diamond Bar, California 4.6 TRANSPORTATION AND CIRCULATION 4.6.1 ENVIRONMENTAL SETTING 4.6.1.1 Regulatory Setting California Government Code Section 65089(a) of the CGC stipulates that a “congestion management program shall be developed, adopted, and updated biennially, consistent with the schedule for adopting and updating the regional transportation improvement program, for every county that includes an urbanized area, and shall include every city and the county.” In accordance therewith, the Los Angeles County Metropolitan Transportation Authority (MTA) has adopted and periodically updates a “Congestion Management Program for Los Angeles County”1 (CMP). Under the CMP’s deficiency plan, local jurisdictions are responsible for implementing transportation improvements that offset the congestion impacts of new development. Local agencies earn CMP “credits” for implementing any of the more than 50 land use, capital improvements, transportation system management (TSM), transit, transportation demand management (TDM), and other strategies contained in the CMP “toolbox” of mitigation strategies. The credits earned for implementing these strategies are banked by local jurisdictions to offset the “debits” accrued through new development. Local jurisdictions must fulfill all of the above requirements to maintain CMP compliance and preserve their eligibility to receive Proposition 111 gas tax subvention funds and other State and federal funds programmed in MTA’s transportation improvement program. City of Diamond Bar General Plan The General Plan contains numerous policies that address, either directly or indirectly, transportation and circulation and that may be applicable to the proposed project. Those policies include, but are not necessarily limited to, the following: ƒ Require new development to pay its fair share of the public facilities and off-site improvements needed to serve the proposed use (Strategy 2.3.2, Land Use Element). ƒ Preclude the connection of roadways from adjacent jurisdictions into the City unless demonstrable benefits to Diamond Bar residents and businesses are indicated (Strategy 1.1.1, Circulation Element). ƒ Pursue other traffic measures to enhance circulation and transient traffic movement (Strategy 1.2.3, Circulation Element). ƒ Prevent the creation of new roadway connections which adversely impact existing neighborhoods (Strategy 1.3.1, Circulation Element). ƒ Design new developments and their access points in such a way that the capacity of local streets is not exceeded (Strategy 1.3.3, Circulation Element). ƒ Work to ensure that any new development is provided with adequate access from within the City of Diamond Bar (Strategy 2.2.1, Circulation Element). 1/ Los Angeles County Metropolitan Transportation Authority, 2004 Congestion Management Program for Los Angeles County, adopted July 22, 2004. Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-1 South Pointe West City of Diamond Bar, California ƒ Consider all opportunities to expand and maintain pedestrian access routes throughout the City (Strategy 3.1.6, Circulation Element). ƒ All new development shall be required to provide mitigation measures. Such measures could include improvements or traffic impact fees (Strategy 3.2.1, Circulation Element). ƒ Within new residential developments, encourage organizations of individual neighborhoods and discourage through traffic on local streets while maintaining pedestrian and bicycle continuity and encourage neighborhood parks, improvement programs and social events (Strategy 1.5.3, Public Services and Facilities Element). As indicated in the Circulation Element of the General Plan, the specified “roadway classification right-of-way width” for “residential” (local) streets is 44-60 feet.2 City of Diamond Bar Municipal Code As stipulated in Section 21.30.030(5) in Title 21 (Subdivisions) of the Municipal Code: “Private roads shall not be permitted except where the council determines that a private street system will adequately serve the proposed subdivision, will not be a substantial detriment to adjoining properties and will not disrupt or prevent the establishment of an orderly circulation system in the vicinity of the subdivision.” As further indicated therein, provisions satisfactory to the City Attorney shall be made for lot owners association or other organization to assume responsibility for the maintenance of private roads and ownership of the street rights-of-way of any subdivision. All proposed private roads shall be subject to irrevocable offers of dedication to the city on the applicable parcel or final map, or separate instrument submitted to the city along with the parcel or final map. Section 21.30.030(4)(c) requires that when a proposed subdivision abuts vacant land that is designated by the general plan for future subdivision and development, the review authority may require that streets to be constructed within the proposed subdivision be extended to the boundary of the property to provide access to the future development. Section 21.30.170 requires that traffic control and safety devices be installed by the subdivider during subdivision construction, as required by the review authority, in order to promote traffic control and safety both during construction, and after occupancy of the subdivision. As determined necessary, traffic control and safety devices include regulatory signs, warning signs, guide markers, construction signs, pavement markings, lane delineations, and traffic signals. 4.6.1.2 Regional Setting Southern California has some of the worst traffic congestion in the nation, estimated to be 65 percent higher than the national average.3 Much of this travel takes place during period of congestion, particularly during the morning (AM) and evening (PM) peak-hour periods, defined as 6:00 AM to 9:00 AM and 3:00 PM to 7:00 PM, respectively. Within the County, the average home-to-work trip is 11.6 miles. The corresponding average home-to-work trip duration is 20.5 minutes.4 For the SCAG region as a whole, between 2000 2/ Op. Cit., City of Diamond Bar General Plan, Circulation Element, p. V-6. 3/ Wachs, Martin, and Beal, Taxing our Highways, Westways Magazine, November/December 2000. 4/ Southern California Association of Governments, Final 2004 Regional Transportation Plan Program Environmental Impact Report, SCH No. 2003061075, April 2004, pp. 3.3-4 and 3.3-5. August 2006 Draft Environmental Impact Report Page 4.6-2 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California and 2030, average daily vehicle miles traveled (VMT) are expected to grow by 31 percent. Similarly, for the 6-county SCAG region, total daily delay is expected to grow by 45 percent.5 As indicated in the “County of Los Angeles All-Hazard Mitigation Plan” and listed in Table 4.6-1 (Busiest Highway Interchanges in Los Angeles County [1999-2002]), some of the busiest highway interchanges in the County are located in the Diamond Bar area. Table 4.6-1 BUSIEST HIGHWAY INTERCHANGES IN LOS ANGELES COUNTY (1999-2002) Rank Route Description AADT1 Peak Hour2 1 SR-60 Westbound Diamond Bar, Grand Avenue 353,000 23,000 (tie) SR-60 Eastbound Diamond Bar, Junction SR-57 South, Orange Freeway 353,000 23,000 2 SR-60 Westbound Diamond Bar, Junction SR-57 North, Orange Freeway; Diamond Bar Boulevard 348,000 24,400 (tie) SR-60 Eastbound Diamond Bar, Grand Avenue 348,000 24,400 Notes: 1. Annual Average Daily Traffic. AADT is the total volume for the year divided by 365 days. The traffic count is from October 1st through September 30th. 2. Peak-Hour Traffic. Included is an estimate of the peak-hour traffic. Peak-hour values indicate the volume in both directions. A few hours each year are higher than the peak hour, but not many. In urban and suburban areas, the peak hour normally occurs every weekday and 200 or more hours will all be about the same. Source: County of Los Angeles, County of Los Angeles All-Hazard Mitigation Plan, Version 1.0, pp. 329-332 Short-Range Transportation Plan for Los Angeles County As indicated in the Los Angeles County Metropolitan Transportation Authority’s (MTA) “Short Range Transportation Plan for Los Angeles County, “ for transportation planning purposes, the County is divided into nine subregions. The project site is located in the “San Gabriel Valley Subregion,” which encompasses 30 jurisdictions and a portion of unincorporated County area whose combined population represents about 20 percent of the total population of Los Angeles County. As indicated by the MTA, the area is approximately 97 percent build-out, with only limited lands available for new development. One of the unique transportation features of this subregion is the significant number of freeways that traverse it, including the San Bernardino (I- 10), Foothill (I-210), Pasadena (SR-110), Orange (SR-57), Pomona (SR-60), Chino Valley (SR- 71), San Gabriel River (I-605), and Long Beach (I-710) Freeways. Mitigating the impacts of traffic generated by the movement of goods via trucks and rail is one of the foremost mobility challenges for the subregion. Much of the freight traffic carrying goods from the ports of Los Angeles and Long Beach traverse the subregion’s freeways, specifically the SR-60 and I-10 Freeways. Railroad and arterial grade crossings create traffic delays and accidents. A large percentage of traffic within the subregion is interregional commuter traffic from neighboring counties destined for employment centers in downtown Los Angeles and in other subregions.6 5/ Ibid., pp. 3.3-22. and 3.3-23. 6/ Los Angeles County Metropolitan Transportation Authority, Short Range Transportation Plan for Los Angeles County, Technical Document 2003, 2003, pp. 22-24. Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-3 South Pointe West City of Diamond Bar, California As further indicated in the “Short Range Transportation Plan for Los Angeles County,” the “San Bernardino and Pomona Freeways (I-10 and SR-60 between I-5 and San Bernardino County Line)” are identified as one of a number of “congested corridors.” With regards to the Pomona Freeway, the MTA notes: “Pomona Freeway (SR-60) runs almost parallel to I-10 and serves as a major connector to downtown from the county line. Similar to I-10, peak traffic flow occurs in the westbound direction in the AM and eastbound direction in the PM. The freeway carries a substantial amount of truck traffic (13%), which exacerbates traffic conditions during peak and non-peak hours. In the AM peak period, stop-and-go conditions occur westbound between Azusa Avenue and Sunol Road. Eastbound, stop-and-go traffic occurs between 3rd Street and San Gabriel Boulevard and 7th Avenue and Fairway Drive. The average daily traffic on SR-60 varies from 185,000 near downtown, 300,000 near SR-57 interchange to 175,000 near the San Bernardino County Line.”7 Westbound SR-60 approach to the SR-57 Freeway and eastbound SR-60 approach to the SR- 57 Freeway are identified as a “congestion hot spot,” with reoccurring bottlenecks during AM and PM peak hours, respectively.8 That freeway interchange is located less than two mile northeast of the South Pointe Middle School. Regional Transportation Plans The “2004 Regional Transportation Plan – Community Link 21” (SCAG, March 2004, adopted April 2004) (2004 RTP) updated and replaced the “2001 Regional Transportation Plan – Destination 2030” (SCAG, adopted April 2001) (2001 RTP). The 2004 RTP provides “a clear, long-term vision of the regional transportation goals, policies, objectives, and strategies for the SCAG region. The Plan provides an assessment of current and projected demand for travel and goods movement in the region, and includes actions to meet the region’s mobility and accessibility needs.”9 In order to address the many “challenges” presented in the 2004 RTP, a number of “key plans and programs” or “tenets” are outlined by SCAG. Those actions include, but are not limited to, providing housing opportunities near job centers and job opportunities, when appropriate, in housing-rich communities and providing housing opportunities to match changing demographics.10 Congestion Management Program The “2004 Congestion Management Program for Los Angeles County” (CMP), as adopted by the MTA on July 22, 2004, is a result of Proposition 111, as approved by the voters in June 1990, which allowed for the imposition of a nine cent per gallon gasoline tax increase over a five-year period. Proposition 111 limited the use of new gas tax revenues for the correction of existing traffic problems and not for the promotion of new development. For a city to get its share of Proposition 111 funds, it must follow certain procedures, including the requirement to prepare a traffic impact analysis (TIA) for new development proposals. If a proposed project is below a certain size, the project is not obligated to prepare a TIA. If required, the TIA must include all monitored intersections where the project will add traffic above a specified minimum. In Los Angeles County, the monitored intersections are presented in Appendix A of the CMP. 7/ Ibid., p. 70. 8/ Ibid., pp. 70-72. 9/ Op. Cit., Final 2004 Regional Transportation Plan Program Environmental Impact Report, SCH No. 2003061075, April 2004, p. 2-1. 10/ Southern California Association of Governments, 2004 Regional Transportation Plan – Destination 2030, April 2004, pp. 94-95. August 2006 Draft Environmental Impact Report Page 4.6-4 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California 4.6.1.3 Local Setting The Applicant has submitted and the Lead Agency has independently reviewed a project-level traffic study. Based on the findings of the City’s independent third-party review, the Applicant submitted additional traffic information. Those studies include “Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California” (Linscott, Law & Greenspan, June 23, 2006) and “Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California” (Linscott, Law & Greenspan, September 15, 2005). Those technical studies, in combination with the City’s independent analysis, serve, in part, as the basis for this environmental analysis. Additional information concerning the site’s existing transportation and circulation setting and the project’s potential impacts is presented in Appendix II-E (Traffic Study). Regional Access Regional access is provided by means of both the Orange (SR-57) Freeway and Pomona (SR- 60) Freeway. Access to and from the SR-57 Freeway is provided via full interchanges at Pathfinder Road and Diamond Bar Boulevard. Access to and from the SR-60 Freeway is provided via interchanges at Fairway Drive and Brea Canyon Road. Traffic counts for 2004, as reported by the California Department of Transportation (Caltrans) along segments of those freeways are presented in Table 4.6-2 (2004 Freeway Traffic Counts). Table 4.6-2 2004 FREEWAY TRAFFIC COUNTS Route Postmile Location Back Peak Hour Back Peak Month Back AADT 1.94 Diamond Bar Boulevard 15,900 218,000 212,000 3.17 Pathfinder Road 15,100 224,000 218,000 4.52 South Junction, Route 60 13,600 204,000 199,000 4.52 North Junction, Route 60 13,800 204,000 199,000 SR-57 4.98 Sunset Crossing Road 9700 128,000 123,000 21.48 Fairway Drive 14,000 220,000 215,000 22.95 Old Brea Canyon Road 13,900 224,000 214,000 23.56 Junction Route 57 South 13,900 224,000 214,000 24.45 Grand Avenue 22,500 348,000 345,000 SR-60 25.46 Junction Route 57 North 23,100 341,000 338,000 Notes: 1. Each profile breakpoint is identified by the milepost value corresponding to that point on the highway. The milepost values increase from the beginning of a route within a count to the next county line. The milepost values start over again at each county line. Milepost values usually increase from south to north or west to east. 2. Urban and suburban areas, the peak hour normally occurs every weekday, and 200 or more hours will all be about the same. Back AADT, Peak Month, and Peak Hour usually represents traffic South or West of the count location. 3. The peak month ADT is the average daily traffic for the month of heaviest traffic flow. This data is obtained because on many routes, high traffic volumes which occur during a certain season of the year are more representative of traffic conditions than the annual ADT. Back AADT, Peak Month, and Peak Hour usually represents traffic South or West of the count location. 4. Annual average daily traffic is the total volume for the year divided by 365 days. The traffic count year is from October 1st through September 30th. Source: California Department of Transportation Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-5 South Pointe West City of Diamond Bar, California Street Network Other streets serving the general project area are individually described below. Figure 4.6-1 (Existing Roadway Conditions and Intersection Controls) present an inventory of the existing roadway conditions for the study area arterials and intersections. The number of travel lanes and intersection controls for the study area intersections are identified. ƒ Colima Road/Golden Springs Drive. Colima Road/Golden Springs Drive is an east- west oriented, four-lane, divided roadway. Along Colima Road, on-street parking is generally permitted and the posted speed limit is 45 miles per hour (mph). East of Calbourne Drive, Colima Road is known as Golden Springs Drive. On-street parking is prohibited on Golden Springs Drive and the posted speed limit is 50 mph. Traffic signals control the intersections of Colima Road at Fairway Drive/Brea Canyon Cutoff and Lake Canyon Drive. Golden Springs Drive at Calbourne Drive, Lemon Avenue, Rapidview Drive, SR-60 Eastbound (EB) Ramps, and Brea Canyon Road are also signalized. ƒ Brea Canyon Road. Brea Canyon Road is a four-lane, divided roadway that parallels the SR-57 Freeway as it enters the City from the south and continues north into Industry. This north-south oriented roadway prohibits on-street parking in the project vicinity and has a posted speed limit of 45 mph. Traffic signals control the intersections of Brea Canyon Road at Washington Street, Lycoming Street, SR-60 Westbound (WB) Ramps, Golden Springs Drive, Glenbrook Drive, Diamond Crest Lane, and Pathfinder Road. ƒ Lemon Avenue. Lemon Avenue is a four-lane, divided roadway north of Golden Springs Drive but becomes a two-lane, undivided roadway south of Golden Springs Drive. Generally, Lemon Avenue is oriented in the north-south direction with varying speed limits and parking restrictions. On-street parking is not permitted along this roadway, north of Golden Springs Drive, and the posted speed limit is 45 mph. On Lemon Avenue, south of Colima Road/Golden Springs Drive, parking is permitted and the posted speed limit is 25 mph. Traffic signals control the study intersections of Lemon Avenue at Valley Boulevard and Lemon Avenue at Golden Springs Drive. Caltrans, in cooperation with the Cities of Diamond Bar and Industry, is proposing to construct freeway ramps to create an interchange at Lemon Avenue and SR-60 Freeway. The goal of the project is to provide improved access to the freeway and relieve traffic congestion at surrounding intersections. Several options are being considered, including the construction of a westbound (WB) on-ramp and eastbound (EB) off-ramp, the construction of a WB on-ramp and EB off- and on- ramps, the addition of a WB off-ramp by constructing a collector road that starts at Brea Canyon Road/WB on-ramp to Lemon Avenue, or no change to the existing SR-60 mainline and ramps. The exact design and potential benefits are unknown at this time. This analysis, therefore, does not analyze traffic conditions with the assumption of any interchange improvements at Lemon Avenue and the SR-60 Freeway. ƒ Fairway Drive/Brea Canyon Cutoff. Fairway Drive/Brea Canyon Cutoff is a four-lane, divided roadway oriented in the north-south direction with a varying speed limit. The posted speed limit is 40 mph and changes to 45 mph at Colima Road, where this roadway becomes Brea Canyon Cutoff. On-street parking is generally not permitted on this roadway. Traffic signals control the study intersections of Fairway Drive/Brea Canyon Cutoff at Colima Road and Brea Canyon Cutoff at Pathfinder Road. August 2006 Draft Environmental Impact Report Page 4.6-6 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California ƒ Pathfinder Road. Pathfinder Road is a four-lane, undivided roadway oriented in the east-west direction. On-street parking is generally not permitted along this roadway. The posted speed limit is 45 mph. Traffic signals control the study intersections of Pathfinder Road at Brea Canyon Cutoff and Pathfinder Road at Brea Canyon Road. Local residential streets providing access to the project site include Larkstone Drive, Black Hawk Drive, Morning Sun Avenue, Shepherd Hills Road, Chapel Hill Drive, Walnut Leaf Drive, and Lake Canyon Drive. Larkstone Drive borders the project site to the north and Morning Sun Avenue borders the site to the west. In the vicinity of the proposed project, on-street parking is permitted along these local residential streets. The posted speed limit in this area is 25 mph. Based on a 50-trip threshold criteria, a total of 18 project area intersections were examined in the general project area. Those intersections include: (1) Fairway Drive/Brea Canyon Cut-Off Road/Colima Road; (2) Lake Canyon Drive/Colima Road; (3) Walnut Leaf Drive/Colima Road; (4) Calbourne Drive/Golden Springs Drive; (5) Lemon Avenue/Valley Boulevard; (6) Lemon Avenue/Golden Springs Drive; (7) Lemon Avenue/Willow Bud Drive; (8) Black Hawk Drive/Lemon Avenue; (9) Rapidview Drive/Golden Springs Drive; (10) Brea Canyon Road/Washington Street; (11) Brea Canyon Road/Lycoming Street; (12) Brea Canyon Road/SR-60 WB Ramps; (13) SR- 60 EB Ramps/Golden Springs Drive; (14) Brea Canyon Road/Golden Springs Drive; (15) Brea Canyon Road/Glenbrook Drive; (16) Brea Canyon Road/Diamond Crest Lane; (17) Brea Canyon Road/ Pathfinder Road; and (18) Brea Canyon Cut-Off Road/Pathfinder Road. As shown in Figure 4.6-2 (Existing AM Peak-Hour Traffic Volumes) and Figure 4.6-3 (Existing PM Peak-Hour Traffic Volumes), manual counts of vehicular turning movements were collected at those locations during the weekday morning (AM) and evening (PM) peak commuter periods to determine the AM peak hour and PM peak hour traffic volumes. Existing Intersection Conditions In accordance with City’s “Guidelines for the Preparation of Traffic Impact Analysis Report”11 and the County’s CMP, existing AM and PM peak-hour operating conditions for the signalized intersections were evaluated using the Intersection Capacity Utilization (ICU) method.12 The ICU value translates to a LOS estimate, which is a relative measure of the intersection’s performance. The six qualitative categories of LOS are defined, along with the corresponding ICU value range, in Table 4.6-3 (Level of Service Criteria for Signalized Intersections). Table 4.6-4 (Existing Peak-Hour Level of Service) summarizes the existing peak-hour service level calculations for the 18 study intersections based on existing traffic volumes presented in Figure 4.6-2 (Existing AM Peak-Hour Traffic Volumes) and Figure 4.6-3 (Existing PM Peak-Hour Traffic Volumes), current street geometry, and intersection traffic control. 11/ City of Diamond Bar, Guidelines for the Preparation of Traffic Impact Analysis Report, July 2005. 12/ The ICU technique estimates the volume-to-capacity (V/C) relationship for an intersection based on the individual V/C ratios for key conflicting traffic movements. The ICU numerical value represents the percent signal (green) time andcapacity required by existing and/or future traffic. The ICU methodology assumes uniform traffic distribution per intersection approach lane and optimal signal timing. The ICU calculations use a lane capacity of 1,600 vehicles per hour (vph) for left-turn, through, and right-turn lanes, and dual left-turn capacity of 2,880 vph. A clearance adjustment factor of 0.10 (10 percent) was added to each level of service (LOS) calculation. A reduction of 7 percent (ICU “credit” of 0.07) was applied to the existing traffic signals along Golden Springs Drive and Brea Canyon Road to reflect the benefits of the Citywide traffic signal coordination system that is currently in place. Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-7 South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 4.6-1 EXISTING ROADWAY CONDITIONS AND INTERSECTION CONTROLS Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-8 South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 4.6-2 EXISTING AM PEAK-HOUR TRAFFIC VOLUMES Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-9 South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 4.6-3 EXISTING PM PEAK-HOUR TRAFFIC VOLUMES Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-10 South Point West City of Diamond Bar, California Table 4.6-3 LEVEL OF SERVICE CRITERIA FOR SIGNALIZED INTERSECTIONS LOS ICU Value (V-C) LOS Description A 0.00 - 0.60 Free Flow; Very low delay, less than 10.0 seconds per vehicle B 0.61 - 0.70 Rural Design; Delay in the range of 10.1 to 20 seconds per vehicle C 0.71 - 0.80 Urban Design; Delay in the range of 20.1 to 35 seconds per vehicle D 0.81 - 0.90 Maximum Urban Design; Delay ranges from 35.1 to 55 seconds per vehicle E 0.91 - 1.00 Capacity; Delay ranges from 55.1 to 80 seconds per vehicle F ≥ 1.01 Forced Flow; Delay in excess of 80 seconds per vehicles Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 Fourteen of the 18 intersections currently operate at a satisfactory level of service, defined as LOS “D” or better for non-CMP intersections and LOS “E” or better at CMP intersections, during the peak hours. As indicated in Table 4.6-4 (Existing Peak-Hour Level of Service), the following four intersections currently operate below those LOS standards during the AM and/or PM peak hour: (1) Fairway Drive/Brea Canyon Cut-Off/Colima Road (LOS “E” during PM peak hour); (2) Walnut Leaf Drive/Colima Road (LOS “F” during PM peak hour); (3) Brea Canyon Road/Golden Springs Drive (LOS “E” during the PM peak hour); and (4) Brea Canyon Cut-Off/Pathfinder Road (LOS “E” during the AM peak hour and LOS “F” during the PM peak hour). During weekday mornings and afternoons, traffic volumes in the vicinity of South Pointe Middle School increase along Larkstone Drive and Diamond Crest Lane. Most of this traffic relates to the drop-off and pick-up of children attending that school. 4.6.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant transportation and circulation impact if the project or if project-related activities were to: ♦ Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume-to-capacity ratio on roads, or congestion at intersections). ♦ Exceed, either individually or cumulatively, a level of service standard established by the County congestion management agency for designed roads or highways. ♦ Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment). ♦ Result in inadequate emergency access. ♦ Result in inadequate parking capacity. ♦ Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks).13 LOS “D” is typically recognized as the minimum satisfactory level of service in urban areas. Consistent with the City’s “Guidelines for the Preparation of Traffic Impact Analysis Report,” LOS “D” constitutes the minimum acceptable service level at intersections and LOS “C” constitutes the minimum acceptable service level for roadway segments. 13/ Op. Cit., State CEQA Guidelines, Appendix G, Section XV (Transportation/Traffic). Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-11 South Pointe West City of Diamond Bar, California Table 4.6-4 EXISTING PEAK-HOUR LEVEL OF SERVICE Intersection No. Intersection Time Period Jurisdiction Control Type ICU/HCM2 LOS 1 Fairway Drive/Brea Canyon Cut-Off/Colima Road AM PM County 8∅ Traffic Signal 0.823 0.9203 D E3 2 Lake Canyon Drive/Colima Road AM PM County 2∅ Traffic Signal 0.443 0.538 A A 3 Walnut Leaf Drive/Colima Road1 AM PM County One-Way Stop 25.2 s/v 56.2 s/v D F3 4 Calbourne Drive/Golden Springs Dr. AM PM City 5∅ Traffic Signal 0.302 0.489 A A 5 Lemon Avenue/Valley Drive AM PM Cities of Walnut /Industry 5∅ Traffic Signal 0.857 0.903 D D 6 Lemon Avenue/Golden Springs Drive AM PM City 8∅ Traffic Signal 0.542 0.789 A C 7 Lemon Avenue/Willow Bud Drive1 AM PM City All-Way Stop 7.13 s/v 7.05 s/v A A 8 Black Hawk Drive/Lemon Avenue1 AM PM City One-Way Stop 8.6 s/v 8.5 s/v A A 9 Rapidview Drive/Golden Springs Dr. AM PM City 5∅ Traffic Signal 0.414 0.631 A B 10 Brea Canyon Road/Washington St. AM PM City 2∅ Traffic Signal 0.571 0.486 A A 11 Brea Canyon Road/Lycoming Street AM PM City 5∅ Traffic Signal 0.658 0.873 B D 12 Brea Canyon Rd./SR-60 WB Ramps (CMP Intersection) AM PM City 3∅ Traffic Signal 0.884 0.807 D D 13 SR-60 EB Ramps/Golden Springs Dr. (CMP Intersection) AM PM City 6∅ Traffic Signal 0.805 0.711 D C 14 Brea Canyon Rd./Golden Springs Dr. AM PM City 8∅ Traffic Signal 0.827 0.9643 D E3 15 Brea Canyon Road/Glenbrook Drive AM PM City 5∅ Traffic Signal 0.418 0.486 A A 16 Brea Canyon Rd./Diamond Crest Ln. AM PM City 3∅ Traffic Signal 0.174 0.411 A A 17 Brea Canyon Road/Pathfinder Road AM PM City 3∅ Traffic Signal 0.631 0.868 B D 18 Brea Canyon Cut-Off/Pathfinder Road AM PM County 8∅ Traffic Signal 0.9893 1.0693 E3 F3 Notes: 1. This study area intersection was analyzed using the “Highway Capacity Model” (HCM) unsignalized methodology. LOS is based on average delay, in seconds, in seconds per vehicle (s/v), for the entire intersection. 2. The methodology in Chapter 17 of the “Highway Capacity Manual 2000” (HCM) for stop controlled intersections was utilized for the analysis of the unsignalized study intersections. 3. ICU/LOS values indicate adverse service levels based on City LOS standards. Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 August 2006 Draft Environmental Impact Report Page 4.6-12 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California In accordance with City traffic impact analysis (TIA) guidelines, the proposed project would normally be judged to produce a significant effect on the environment if: ♦ The project increases traffic demand at any signalized intersection by 2 percent of capacity (ICU increase > 0.02), causing or worsening LOS “E” or “F” (ICU > 0.91). For CMP intersections, the County’s level of service standard iis LOS “E,” except where base year level of service is worse that LOS “E.” In such cases, the base year LOS is the standard.14 CMP guidelines define a significant impact as occurring when the proposed project increases traffic demand on a CMP facility by two percent of capacity (V/C > 0.02), causing or worsening LOS “F” (V/C > 1.00). If the facility is already at LOS “F,” a significant impact occurs when the proposed project increases traffic demand on a CMP facility by two percent or capacity (V/C > 0.02).15 In accordance therewith, the proposed project would normally be judged to produce a significant effect on the environment if the project or if project activities were to: ♦ For Non-CMP intersections: ◊ ICU value under “with project” conditions is 0.91 or greater (LOS “E” or “F”) and ◊ ICU increase attributable to the proposed project is 0.02 or greater ♦ For CMP intersections: ◊ ICU value under “with project” conditions is 1.01 or greater (LOS “F”) and ◊ ICU increase attributable to the proposed project is 0.02 or greater ♦ For Non-CMP signalized intersections located in Los Angeles County: ◊ ICU value under pre-project conditions is 0.71 to 0.80 (LOS “A,” “B,” or “C”) and ICU increase attributable to the proposed project is 0.04 or greater ◊ ICU value under pre-project conditions is 0.81 to 0.90 (LOS “D”) and ICU increase attributable to the project is 0.02 or greater ◊ ICU value under pre-project conditions is 0.91 or greater (LOS “E” or “F”) and ICU increase attributable to the proposed project is 0.01 or greater For unsignalized intersections, since LOS “D” has been established as the minimum acceptable service level, any unsignalized intersection projected to operate at LOS “E” or worse with the addition of project-related traffic would be considered significantly impacted. The Lead Agency has not identified other applicable or potentially applicable standards that can appropriately be extracted from other related policy or other environmental documents and used as the basis for assessing the potential significance of project-related and cumulative transportation and circulation impacts. 4.6.3 IMPACT ANALYSIS Construction Impacts Construction Impact 6.1. Construction vehicles will transport equipment, building materials, and construction debris along local and collector streets within and adjacent to established residential areas and an existing elementary school. 14/ Op. Cit., 2004 Congestion Management Program for Los Angeles County, p. 18. 15/ Ibid., pp. 54 and B-6. Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-13 South Pointe West City of Diamond Bar, California Level of Significance before Mitigation: Less than Significant During project construction, the primary travel routes to and from the tract map area will be from Sheppard Hills, via Chapel Hills Drive, Walnut Leaf Drive, and Colima Road/Golden Springs Drive, and from Larkstone Drive, via Black Hawk Drive, Lemon Avenue, and Colima Road/Golden Springs Drive. Construction traffic, including vehicles associated with the transport of heavy equipment and building materials to and from the project site and construction workers commuting to and from work will increase traffic volumes along those roadways, many of which are primarily used by residents, by parents transporting their children to the South Pointe Middle School and by school personnel, and by school buses. Large trucks often have reduced visibility based on the loads those vehicles carry and the generally elevated location of the drivers. Children residing in the existing residential neighborhoods located to the north and west of the project site, playing on or near neighborhood streets, or traveling to and from South Pointe Middle School may be unaware of approaching construction traffic. Operators of large trucks and trucks hauling construction equipment and building materials may be unaware of the presence of children, bicyclists, and household pets. Spilled gravel and other debris discharged from construction vehicles and any road damage resulting from construction operations may create a nuisance to residents and a hazard to pedestrians, skateboarders, and bicyclists. Although the impact does not itself elevate to a level of significance, a project condition (Project Condition 6-1) has been formulated requiring the Applicant to repair any roadway damage attributable to project construction. Compliance with and enforcement of speed laws and other provisions of the California Vehicle Code (CVC) and the safe use and operation of vehicles by their drivers would be expected to keep public safety issues at a less-than-significant level. Although no significant impact has been identified, in order to best ensure the safety of pedestrians and residences and enhance the protection of children residing in those neighborhoods through which construction vehicles will travel, including children attending South Pointe Middle School, a number of project conditions (Project Condition 6-2 and Project Condition 6-3) have been formulated requiring the Applicant’s preparation and the City’s acceptance of a construction management plan. The need for a construction management plan is also identified in the project’s traffic study. As indicated therein, at a minimum, the construction management plan shall include: ƒ Traffic control for any street closure, detour, or other disruption to traffic circulation. ƒ Identify the routes that construction vehicles will utilize for the delivery of construction materials (e.g., lumber, tiles piping, windows, to access the site, traffic controls and detours, off-site vehicle staging and parking areas, and proposed construction phasing plan for the project. ƒ Specify the hours during which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. ƒ Require the Applicant to 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. ƒ 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. August 2006 Draft Environmental Impact Report Page 4.6-14 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California ƒ Use of local streets shall be limited only to those that provide direct access to the destination. ƒ Haul trucks entering or exiting public streets shall at all times yield to public traffic. ƒ 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 Engineer. The Applicant will be responsible for the incorporation of measures to reduce construction- related traffic congestion into the project’s grading permit. Subject to the approval and verification by the City, measures shall include configuration of construction parking to minimize traffic interferences, measures to minimize obstruction of through traffic lanes, and the use of a flagman to guide traffic when deemed necessary. Most workers would be expected to arrive at the construction site in automobiles and in small trucks. To the extent operated in accordance with applicable speed limits and reasonable care, since those vehicles are already common place in residential areas and easily maneuvered by their operators, those vehicles can be safely operated and do not impose any unique risks or special hazards to existing residents. The exact nature of construction traffic and daily vehicle trips is difficult to predict since the number of workers and the type of equipment will vary with the construction phase and because equipment allocations are generally controlled by and dependent upon the construction contractor. Although construction traffic volumes cannot be determined with certainty, the number of total daily trips and peak-hour trips associated with worker commutes would be expected to be small in comparison to existing traffic volumes along affected roadways. While not necessarily indicative of actual project conditions, with regard to worker’s commutes, the URBEMIS2002 computer model (Version 3.1), as distributed by the South Coast Air Quality Management District (SCAQMD), indicates that single-family residential construction requires about 0.72 commute trips per dwelling unit per day. As such, without consideration of either any additional worker trips associated with the proposed neighborhood park or with the transport of equipment and materials to and from the site, the construction of the 99-unit housing project would require approximately 71 daily worker trips. This estimate is not inclusive of any haul trips, material deliveries, or export trips associated with construction activities. In order to account for the longer acceleration time and the additional time needed to conduct turning movements, truck trips are converted to passenger car equivalents (PCEs), based on a minimum ratio of 1.5 PCEs for smaller trucks and 2.0 PCEs for larger trucks. Since these ratios can be increased in hilly terrain or to account for other site-specific conditions, a PCE factor of 2.2 has been used for all truck traffic. Assuming that all truck trips were large trucks and that the number of daily large truck trips was twice the number of daily worker trips, in addition to the 71 daily worker trips, an estimated 284 PCE trips could occur during the construction period.16 That traffic would be divided between Lemon Avenue (via Larkstone Drive and Black Hawk Drive) and Walnut Lead Drive (via Morning Sun Avenue and Shepherd Hills Road). 16/ Since the Applicant has not provided the City with an estimate of the number of daily trips anticipated during the project’s construction, this estimated has been derived by the Lead Agency and is presented for informational purposes only. This construction traffic estimate is not intended to impose a limitation on the number or type of vehicle trips generated during construction operations. Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-15 South Pointe West City of Diamond Bar, California A roadway’s capacity and ability to absorb additional traffic volumes is primarily determined at key intersections and not along the intervening street segments between those intersections. Traffic volumes along those street segments, however, take on increased significance to those residents abutting those roadways. As indicated in the City’s “Guidelines for Preparation of Traffic Impact Analysis Report” (2005), the maximum capacity for local residential roads shall be 3,100 ADT or shall not exceed LOS “D.” Studies relating to perceived street capacities in residential neighborhoods, including the Institute of Transportation Engineers’ (ITE) “Residential Street Design and Traffic Control,”17 indicate that, notwithstanding a roadway’s actual capacity to carry traffic, residents located adjacent to residential collector streets typically perceive capacity to be in the 2,000-3,000 vehicles per day (vpd) range. Existing daily traffic volumes (two-way) on a number of local streets is presented in Figure 4.6-4 (Existing Average Daily Traffic Volumes at Local Roadway Segments). Since existing traffic volumes along Lemon Avenue and Walnut Leaf Drive, north of Colima Road/Golden Springs Drive, are substantially less than those maximum or perceived capacity figures, construction-related traffic would not adversely affect the existing levels of service along those roadways. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Construction Impact 6.2. The project involves the dedication of Larkstone Drive as a public street and the construction of improvements to that roadway, including street widening and improvements to underground utilities. Street improvements could result in the imposition of short-term restrictions to traffic along that roadway, now used primarily as a primary accessway to South Pointe Middle School. Similarly, unless otherwise conducted by the County, the repair of and improvement to Morning Sun Drive will be undertaken as part of the project. Level of Significance before Mitigation: Less than Significant East of the project site, Larkstone Drive is a private street which will be dedicated to the City as part of the proposed project. No additional street right-of-way will be dedicated as part of that action. The configuration of the roadway will, however, be slightly altered to accommodate both the addition of a new intersection with the proposed private access road (Private Drive “A”) and the provision of parking improvements in the vicinity of the proposed new neighborhood park site. Additionally, a portion of Morning Sun Avenue, which was damaged during reactivation of the May 1995 landslide, will be rebuilt as part of the project’s slope stabilization efforts. All repairs and improvements will be confined to the existing County right-of-way. The intersection of Shepherd Hills Road and Morning Sun Avenue will, however, be modified to accommodate the addition of a new intersection with the proposed private access road (Private Drive “A”). Morning Sun Avenue is located outside the corporate boundaries of the City in unincorporated Los Angeles County. Improvement plans for that roadway are being separately developed by the County and could be independently initiated independent of the proposed project, subject to the County’s own schedule and budget allocation. Unless initiated by the County, because extensive grading is required to fully remediate those existing slope stability problems that contributed to the landslide, the Applicant has committed to the repair of that roadway and the performance of those repairs as part of the construction of the proposed project. 17/ Institute of Transportation Engineers, Residential Street Design and Traffic Control, 1989. August 2006 Draft Environmental Impact Report Page 4.6-16 Section 4.6: Transportation and Circulation South Pointe West City of Diamond Bar, California Figure 4.6-4 EXISTING AVERAGE DAILY TRAFFIC VOLUMES AT LOCAL ROADWAY SEGMENTS Source: Linscott Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-17 South Pointe West City of Diamond Bar, California Repairs and improvements to both Larkstone Drive and Morning Sun Avenue will necessitate in- street activities that could potentially result in the temporary closure of portions of those roadways. Those activities might impede access, increase the risk of accidents involving motor vehicles and pedestrians, increase response times by emergency service providers to the approximately twelve homes located along Morning Sun Avenue, and affect evacuation plans from those residences in the event of fire or other catastrophic event. In addition, Larkstone Drive serves as one of the two vehicular and school bus access routes to South Pointe Middle School and a primary path for children and others traveling between residential areas to the north, south, and west and the elementary school. Access restrictions could impose safety and security risks and prove to be disruptive to school activities and operations. The “Work Area Traffic Control Handbook”18 (WATCH), published by the Southern California Chapter of the American Public Works Association, provides guidance for the setup and operation of all work areas occupying public streets and sets forth basic principles and recommended standards to be observed by all those who perform work in a public street. In addition, Caltrans’ “Manual of Traffic Controls for Construction and Maintenance Work Zones” provides guidance to both the City and the Applicant and certain provisions contained therein could be reasonably imposed by the City or by the Applicant in order to ensure appropriate and continuing vehicular access. As indicated therein: “During any time the normal function of a roadway is suspended, temporary traffic control planning must provide for continuity of function (movement of traffic, pedestrians, bicyclists, transit operations, and access to property/utilities). The location where the normal function of the roadway is suspended is defined as the work space. The work space is that portion of the roadway closed to traffic and set aside for workers, equipment, and material. Sometimes there may be several work spaces within the project limits. This can be confusing to drivers because the work spaces may be separated by several miles. Each work space should be signed to inform drivers of what to expect. Effective temporary traffic control enhances traffic operations and efficiency, regardless of whether street construction, maintenance, utility work, or roadway incidents are taking place in the work space. Effective temporary traffic control must provide for the workers, road users, and pedestrians. At the same time, it must provide for the efficient completion of whatever activity suspended normal use of the roadway. . .Traffic control plans may be adopted by the authority of a public body or official having jurisdiction for guiding traffic. The plans and devices should follow the principles set forth in this Manual but may deviate from the typical drawings to allow for conditions and requirements of a particular site or jurisdiction as determined by the engineer.”19 As further described in the Federal Highway Administration’s (FHWA) “Part VI Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations,” a component of the “Manual on Uniform Traffic Control Devices”20 (MUTCD), traffic control plans (TCPs) can play an important role in providing continuity of safe and efficient traffic flow, to the extent interruptions in normal flow are necessary for temporary traffic control operations or other events that temporarily disrupt normal 18/ Southern California Chapter of the American Public Works Association, Work Area Traffic Control Handbook, Eighth Edition, Uniform Practices and Utility Coordination Committee, BNI Publication, 1996. 19/ California Department of Transportation, Manual of Traffic Controls for Construction and Maintenance Work Zones, Revision 2, December 1996, Section 5-01.1 (Introduction). 20/ United States Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition. August 2006 Draft Environmental Impact Report Page 4.6-18 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California traffic flow. The TCP describes traffic controls to be used for facilitating vehicle and pedestrian traffic through a temporary traffic control zone.21 Construction activities, even when performed in accordance with an approved TCP, can result in a short-term impedance of traffic and produce a temporary nuisance to those motorists affected by those activities. Although no significant impact has been identified, because of the potential for the short-term impedance of access along Larkstone Drive and Morning Sun Avenue during project construction, a project condition has been formulated to require the preparation of a detailed TCP (Project Condition 6-4). The Applicant’s traffic control plan may be prepared separately from or in combination with the Applicant’s construction traffic mitigation plan (Project Condition 6-2) and school safety plan (Mitigation Measure 9-2). Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Operational Impacts Operational Impact 6-3. The project is forecast to generate approximately 1,041 daily two-way vehicle trips per day, including 81 trips during the AM peak hour and 108 trips during the PM peak hour. That traffic could increase congestion on local and regional roadways. Level of Significance before Mitigation: Less than Significant The amount of traffic associated with the proposed project, as well as the amount of traffic associated with traffic attributable to other related projects and ambient growth, can be estimated through a three-step process. In the first step (trip generation), the amount of traffic associated with the proposed land uses is estimated on a peak-hour basis. In the second step (trip distribution), the directions of those trips is estimated. In the third step (trip assignment), the trips are assigned to specific street segments and intersection turning movements. Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Generation factors and equations used in the traffic forecasting procedure are extracted from the ITE’s “Trip Generation, Seventh Edition”22 or the San Diego Associated Governments’ (SANDAG) “San Diego Traffic Generators.”23 The approach for estimating the project’s trip generation potential was based on information in the “Guidelines for Estimating Trip Generation of Trip Generation Handbook, Second Edition.24 Table 4.6-5 (Project Traffic Equations) summarizes the trip generation equations. Table 4.6-6 (Project Traffic Forecast) summarizes the trip generation forecast. As indicated, the project is forecast to generate 1,041 daily trips, including 81 trips (21 inbound, 60 outbound) in the AM and 108 trips (68 inbound, 40 outbound) in the PM peak hours. The general, directional traffic distribution pattern for those trips is presented in Table 4.6-7 (Project Directional Distribution Pattern) and illustrated in Figure 4.6-5 (Project Trip Distribution Pattern), Figure 4.6-6 (AM Peak Hour Project Traffic Volumes), and Figure 4.6-7 (PM Peak Hour Project Traffic Volumes). 21/ United States Department of Transportation, Federal Highway Administration, Part VI Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations, September 3, 1993, Section C (Temporary Traffic Control Element). 22/ Institute of Transportation Engineers, Trip Generation, Seventh Edition, 2003. 23/ San Diego Associated Governments, San Diego Traffic Generators, April 2002. 24/ Institute of Transportation Engineers, Guidelines for Estimating Trip Generation of Trip Generation Handbook, Second Edition, June 2004. Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-19 South Pointe West City of Diamond Bar, California NOT TO SCALEFigure 4.6-5 PROJECT TRIP DISTRIBUTION PATTERN Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-20 South Pointe West City of Diamond Bar, California Figure 4.6-6 AM PEAK HOUR PROJECT TRAFFIC VOLUMES Source: Linscott, Law & Greenspan NOT TO SCALE Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-21 South Pointe West City of Diamond Bar, California NOT TO SCALEFigure 4.6-7 PM PEAK HOUR PROJECT TRAFFIC VOLUMES Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-22 South Point West City of Diamond Bar, California Table 4.6-5 PROJECT TRAFFIC EQUATIONS ITE Land Use Code Time Period Equations Percent Entering Percent Exiting Daily LN (T) = 0.92 LN (X) + 2.71 50 50 AM Peak T = 0.70(X) + 9.43 25 75 210: Single Family Detached Housing (TE/DU) PM Peak LN (T) = 0.90 LN (X) + 0.53 63 37 Daily T = 5.00 (X) 50 50 AM Peak T = 0.65 (X) 50 50 Neighborhood Park (TE/Acre) PM Peak T = 0.45 (X) 50 50 Notes: TE/DU – trip ends per dwelling unit. TE/Acre – trip ends per acre. Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 Table 4.6-6 PROJECT TRAFFIC FORECAST AM Peak Hour PM Peak Hour Project Description Daily 2-Way In Out Total In Out Total Residential Development (99 DU) 1,030 20 59 79 67 39 106 Neighborhood Park (2.18 acres) 11 1 1 2 1 1 2 Total Trip Generation Potential 1,041 21 60 81 68 40 108 Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 Table 4.6-7 PROJECT DIRECTIONAL DISTRIBUTION PATTERN Distribution Percentage Orientation 10 To/From the north via SR-57 Freeway 15 To/From the south via SR-57 Freeway 15 To/From the south on SR-57 Freeway via Brea Canyon Cut-Off Road 10 To/From the north via Lemon Avenue 5 To/From the north via Brea Canyon Road 5 To/From the west via Colima Road 5 To/From the east via Golden Springs Drive 25 To/From the west via SR-60 Freeway 5 To/From the east via Valley Boulevard 5 To/From the east via Pathfinder Road 100 Total Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-23 South Pointe West City of Diamond Bar, California Future Traffic Conditions For the horizon year (2010), background traffic growth estimates were calculated using an ambient growth factor. The ambient traffic growth factor is intended to include unknown and future related projects in the general project area, as well as account for regular growth in traffic volumes due to the development and redevelopment activities occurring outside the study area. Background traffic has been estimated to increase at a rate of approximately two percent annually in the near term and 0.7 percent per year in the long term. Future increases in background traffic due to regional development are expected to continue at the same rate. For the Year 2010, the existing (Year 2005) traffic volumes were, therefore, increased by ten percent to reflect areawide regional traffic growth. For Year 2020, the existing (Year 2005) traffic volumes were increased by ten percent to account for regional growth to the Year 2010 and increased by seven percent from Year 2010-2020. In order to make a realistic estimate of future traffic conditions prior to implementation of the proposed project, the status of other reasonably foreseeable future projects in the general project area were researched. The traffic expected to be generated by future related projects that are either under construction or proposed within the study area accounts for the second element of the Year 2010 and Year 2020 cumulative base scenarios. As indicated in Figure 3-1 (Related Projects Location Map) and Table 3-2 (Related Projects Summary), 33 related projects were identified that have either been built but not yet fully occupied or are currently being processed by local municipalities. Table 4.6-8 (Related Projects Traffic Generation Forecast) presents the development totals and resultant trip generation for those 33 related projects. As indicated, 28 of those related projects, as included in the Year 2010 cumulative base forecast, would generate a total of approximately 77,120 daily trips, of which 4,972 trips would occur during the AM peak hour and 6,985 trips would occur during the PM peak hour. Five other related projects, as included in the Year 2020 cumulative base forecast, would generate an additional 126,410 daily trips, including 8,820 trips during the AM peak hour and 12,639 trips during the PM peak hour. The AM and PM peak-hour traffic volumes associated with the 28 related projects considered in the Year 2010 cumulative traffic analysis are presented in Figures 4.6-8 (Year 2010 Related Projects AM Peak-Hour Traffic Volumes) and in Figure 4.6-9 (Year 2010 Related Projects PM Peak-Hour Traffic Volumes). Figure 4.6-10 (Year 2010 AM Peak-Hour Background Traffic Volumes) and Figure 4.6-11 (Year 2010 PM Peak-Hour Background Traffic Volumes) present Year 2010 cumulative traffic volumes at the 18 study area intersections. Figure 4.6-12 (Year 2010 AM Peak-Hour Traffic Volumes with Project) and Figure 4.6-13 (Year 2010 PM Peak-Hour Traffic Volumes with Project) illustrate Year 2010 forecast AM and PM peak-hour traffic volumes with the inclusion of the trips generated by the proposed project. The AM and PM peak-hour traffic volumes associated with all 33 related projects considered in the Year 2020 cumulative traffic analysis are presented in Figure 4.6-14 (Year 2020 AM Peak-Hour Traffic Volumes) and Figure 4.6-15 (Year 2020 PM Peak-Hour Traffic Volumes). Figure 4.6-16 (Year 2020 AM Peak-Hour Background Traffic Volumes) and Figure 4.6-17 (Year 2020 PM Peak-Hour Background Traffic Volumes) present future AM and PM peak-hour cumulative traffic volumes at the 18 study area intersections for the Year 2020. Figure 4.6-18 (Year 2020 AM Peak-Hour Traffic Volumes with Project) and Figure 4.6-19 (Year 2020 PM Peak-Hour Traffic Volumes with Project) present Year 2020 forecast AM and PM peak-hour traffic volumes with the inclusion of the trips generated by the proposed project. August 2006 Draft Environmental Impact Report Page 4.6-24 Section 4.6: Transportation and Circulation South Pointe West City of Diamond Bar, California Figure 4.6-8 YEAR 2010 RELATED PROJECTS AM PEAK-HOUR TRAFFIC VOLUMES Source: Linscott, Law & Greenspan NOT TO SCALE Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-25 South Pointe West City of Diamond Bar, California Figure 4.6-9 YEAR 2010 RELATED PROJECTS PM PEAK-HOUR TRAFFIC VOLUMES Source: Linscott, Law & Greenspan NOT TO SCALE Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-26 South Pointe West City of Diamond Bar, California NOT TO SCALEFigure 4.6-10 YEAR 2010 AM PEAK-HOUR BACKGROUND TRAFFIC VOLUMES Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-27 South Pointe West City of Diamond Bar, California NOT TO SCALEFigure 4.6-11 YEAR 2010 PM PEAK-HOUR BACKGROUND TRAFFIC VOLUMES Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-28 South Pointe West City of Diamond Bar, California Figure 4.6-12 YEAR 2010 AM PEAK-HOUR TRAFFIC VOLUMES WITH PROJECT Source: Linscott, Law & Greenspan NOT TO SCALE Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-29 South Pointe West City of Diamond Bar, California NOT TO SCALEFigure 4.6-13 YEAR 2010 PM PEAK-HOUR TRAFFIC VOLUMES WITH PROJECT Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-30 South Pointe West City of Diamond Bar, California NOT TO SCALEFigure 4.6-14 YEAR 2020 AM PEAK-HOUR TRAFFIC VOLUMES Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-31 South Pointe West City of Diamond Bar, California NOT TO SCALEFigure 4.6-15 YEAR 2020 PM PEAK-HOUR TRAFFIC VOLUMES Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-32 South Pointe West City of Diamond Bar, California Figure 4.6-16 YEAR 2020 AM PEAK-HOUR BACKGROUND TRAFFIC VOLUMES Source: Linscott, Law & Greenspan NOT TO SCALE Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-33 South Pointe West City of Diamond Bar, California NOT TO SCALEFigure 4.6-17 YEAR 2020 PM PEAK-HOUR BACKGROUND TRAFFIC VOLUMES Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-34 South Pointe West City of Diamond Bar, California NOT TO SCALEFigure 4.6-18 YEAR 2020 AM PEAK-HOUR TRAFFIC VOLUMES WITH PROJECT Source: Linscott, Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-35 South Pointe West City of Diamond Bar, California Figure 4.6-19 YEAR 20 PM PEAK-HOUR TRAFFIC VOLUMES WITH PROJECT Source: Linscott, Law & Greenspan NOT TO SCALE Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-36 South Point West City of Diamond Bar, California Table 4.6-8 RELATED PROJECTS TRAFFIC GENERATION FORECAST AM Peak Hour PM Peak Hour No. Location/Address Daily 2-Way In Out Total In Out Total Related Projects included in Year 2010 and Year 2020 Cumulative Base Conditions 1 International Christian Center (4,080 SF) 37 2 1 3 1 2 3 2 General Office Building (21,240 SF) 405 48 7 55 17 85 103 3 Tentative Tract Map No. 44303 (7 DU) 41 0 3 3 2 2 4 4 Hing Wa Plaza Shopping Center (18,500 SF) 1,031 34 29 63 39 35 74 5 Agape Center (24,080 SF) 219 9 8 17 8 8 16 6 Tentative Tract Map No. 53612 (5 DU) 48 1 3 4 3 2 5 7 Lemon Business Center (145,560 SF) 727 54 12 66 18 51 69 8 Tentative Tract Map No. 33256 (160 DU) 1,602 30 91 121 103 61 164 9 Tentative Tract Map No. 34423 (163 SF-DU/418 Condominiums) 4,079 60 248 308 251 133 384 10 CUP 03338 (5 DU) 48 1 3 4 3 2 5 11 Tentative Tract Map No. 35767 (100 DU) 751 11 42 53 47 25 72 12 Tentative Tract Map No. 62952 (11 DU) 105 2 6 8 7 4 11 13 Diamond Bar Village 6,141 179 212 391 237 214 451 14 Extended Stay America 1,954 83 65 148 89 68 157 15 Kaiser Permanente Medical Office Building 1,122 60 15 75 31 83 114 16 Gateway Corporate Center Lot 4 460 54 8 62 18 89 107 17 Car Wash and Auto Center 1,140 13 6 19 97 120 217 18 Mixed-Use Commercial 2,684 82 58 140 133 173 306 19 Diamond Bar Center 756 21 10 31 28 38 66 20 Industry East Building #6-10 1,297 100 22 122 30 100 130 21 Industry East Building #11, 14 and Major 6 5,292 97 49 146 231 271 502 22 Industry East Building #16 1,830 141 31 172 41 141 182 23 Industry East Building #17 2,223 172 38 210 50 170 220 24 Industry East Buildings #19-22 and 25 19,944 1,543 338 1,881 447 1,538 1,985 25 Plantation III Buildings A-B 1,214 178 54 232 84 151 235 26 Snowcreek Village 11,409 173 114 287 337 317 654 27 County Hills Towne Center Expansion 3,275 90 9 99 99 163 262 28 WVUSD Site D Mixed-Use 7,286 115 137 252 253 235 488 Subtotal Cumulative Project Trips (Projects 1-28) 77,120 3,353 1,619 4,972 2,704 4,281 6,985 Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-37 South Pointe West City of Diamond Bar, California Table 4.6-8 (Continued) RELATED PROJECTS TRAFFIC GENERATION FORECAST AM Peak Hour PM Peak Hour No. Location/Address Daily 2-Way In Out Total In Out Total Related Projects included in Year 2020 Cumulative Base Conditions Only 29 County Homes Estates 469 9 28 37 31 18 49 30 Industry East Building Pads 1-3 Major 1-5 and 11 11,071 244 196 440 435 475 910 31 Industry East Building Major 7-10 2,618 42 27 69 90 109 199 32 Industry Business Park 67,993 4,460 1,086 5,546 2,362 4,965 7,327 33 Aera Energy Planned Community 44,259 856 1,872 2,728 2,448 1,706 4,154 Subtotal Cumulative Project Trips (Projects 29-33) 126,410 5,611 3,209 8,820 5,366 7,273 12,639 Total Cumulative Project Trips (Projects 1-33) 203,530 8,964 4,828 13,792 8,070 11,554 19,624 Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 In order to assess traffic impacts, the following seven scenarios were examined: (1) Year 2005 Existing Conditions; (2) Year 2010 Cumulative Conditions (Existing + Ambient Growth + Related Projects); (3) Year 2010 Cumulative Conditions plus Project (Existing + Ambient Growth + Related Projects + Project); (4) Year 2010 Cumulative Conditions plus Project with Improvements (Existing + Ambient Growth + Related Projects + Project + Improvements); (5) Year 2020 Cumulative Conditions (Existing + Ambient Growth + Related Projects); (6) Year 2020 Cumulative Conditions plus Project (Existing + Ambient Growth + Related Projects + Project); (7) Year 2020 Cumulative Conditions plus Project with Improvements (Existing + Ambient Growth + Related Projects + Project + Improvements). Peak-Hour Intersection Capacity Analysis Table 4.6-9 (Year 2010 Peak-Hour Intersection Capacity Analysis) summarizes the peak-hour LOS results for the 18 study area intersections for Year 2010 Cumulative Conditions. As indicated, 11 of those intersections are projected to operate at an unacceptable level (LOS “E” or LOS “F”) during the AM and/or PM peak hour with the addition of ambient traffic growth and related project traffic. The remaining seven intersections are expected to operate at adequate service levels (LOS “D” or better) during the weekday AM and PM peak hours. As indicated in Table 4.6-9 (Year 2010 Peak-Hour Intersection Capacity Analysis), the proposed project will significantly impact one of the 18 study area intersections (i.e., Walnut Lead Drive/Colima Road). A traffic signal warrant analysis was been conducted at this intersection in accordance with the 2003 “Manual on Uniform Traffic Control Devices” (MUTCD) and “MUTCD Supplement.” Although the analysis showed that a traffic signal is not warranted at this location in the near-term conditions, the long-term analysis reveals that traffic conditions by 2020 at this intersection is considerably close to the threshold. As a result, the traffic study recommended that a traffic signal be installed at Walnut Leaf Drive/Colima Road in order to mitigate traffic conditions. When analyzed as a signalized intersection, Walnut Leaf Drive/Colima Road is forecast to operate at LOS “A” during the AM peak hour and LOS “B” during the PM peak hour in the Year 2010 with project conditions, respectively. August 2006 Draft Environmental Impact Report Page 4.6-38 Section 4.6: Transportation and Circulation South Pointe West City of Diamond Bar, California Table 4.6-9 YEAR 2010 PEAK-HOUR INTERSECTION CAPACITY ANALYSIS Intersection Year 2005 Existing Year 2010 Cumulative Year 2010 Cumulative + Project Significant Impact No. Intersection Time Period ICU LOS ICU LOS ICU LOS ICU Inc. Yes/No1 Fairway Drive/Brea Canyon Cut-Off Road/Colima Road AM PM 0.823 0.9201D E10.94411.1121E1F10.94711.1161E1F10.003 0.004 No No 2 Lake Canyon Drive/ Colima Road AM PM 0.443 0.538 A A 0.485 0.590 A A 0.498 0.604 A A 0.013 0.014 No No 3 Walnut Leaf Drive/ Colima Road AM PM 25.2 s/v 56.2 s/v1D F140.0 s/v1138.0 s/v1E1F144.7 s/v1182.3 s/v1E1F1-- -- Yes Yes 4 Calbourne Drive/ Golden Springs Drive AM PM 0.302 0.489 A A 0.347 0.567 A A 0.340 0.570 A A 0.001 0.001 No No 5 Lemon Avenue/ Valley Drive AM PM 0.857 0.903 D D 0.98311.0741E1F10.98411.0751E1F10.000 0.004 No No 6 Lemon Avenue/ Golden Springs Drive AM PM 0.542 0.789 A C 0.664 0.9691B E10.685 0.9831B E10.021 0.014 No No 7 Lemon Avenue/ Willow Bud Drive AM PM 7.13 s/v 7.05 s/v A A 7.18 s/v 7.14 s/v A A 7.38 s/v 7.44 s/v A A 0.027 0.038 No No 8 Black Hawk Drive/ Lemon Avenue AM PM 8.6 s/v 8.5 s/v A A 8.5 s/v 8.6 s/v A A 8.7 s/v 8.9 s/v A A 0.023 0.034 No No 9 Rapidview Drive/ Golden Springs Drive AM PM 0.414 0.631 A B 0.485 0.744 A C 0.488 0.749 A C 0.003 0.005 No No 10 Brea Canyon Road/ Washington Street AM PM 0.571 0.486 A A 0.985 0.9261E1E10.98610.9271E1E10.001 0.001 No No 11 Brea Canyon Road/ Lycoming Street AM PM 0.658 0.873 B D 0.783 1.0171C F10.784 1.0181C F10.001 0.001 No No 12 Brea Canyon Road/SR-60 WB Ramps (CMP Intersection) AM PM 0.884 0.807 D D 1.13211.1411F1E11.13511.1471F1F10.003 0.006 No No 13 SR-60 EB Ramps/Golden Springs Drive (CMP Intersection) AM PM 0.805 0.711 D C 1.14911.0001F1E11.12810.9801F1E10.010 0.006 No No 14 Brea Canyon Road/ Golden Springs Drive AM PM 0.827 0.9641D E11.09511.2411F1F11.09611.2551F1F10.001 0.014 No No 15 Brea Canyon Road/ Glenbrook Drive AM PM 0.418 0.486 A A 0.487 0.560 A A 0.488 0.561 A A 0.001 0.001 No No 16 Brea Canyon Road/ Diamond Crest Lane AM PM 0.174 0.411 A A 0.214 0.471 A A 0.215 0.472 A A 0.001 0.001 No No 17 Brea Canyon Road/ Pathfinder Road AM PM 0.631 0.868 B D 0.715 0.9891C E10.715 0.9911B E10.000 0.002 No No 18 Brea Canyon Cut-Off Road/ Pathfinder Road AM PM 0.98911.0691E1F11.18811.3601F1F11.19411.3641F1F10.006 0.004 No No Notes: 1. ICU/LOS values indicate adverse service levels based on City LOS standards. Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-39 South Pointe West City of Diamond Bar, California The project’s ICU increment at the 10 intersections forecast to operate at an adverse LOS during the AM or PM peak hours is less than the maximum allowable threshold. The remaining seven intersections are forecast to continue to operate at adequate LOS during the weekday AM and PM peak hours. Table 4.6-10 (Year 2020 Peak-Hour Intersection Capacity Analysis) summarizes the peak-hour LOS results for the 18 study area intersections for Year 2020 Cumulative Conditions. As indicated therein, ten of those intersections are projected to operate poorly under Year 2020 Cumulative Conditions. The remaining eight intersections are forecast to operate at LOS “D” or better during the AM and PM peak hours. One intersection (i.e., Walnut Leaf Drive/Colima Road) will be significantly impacted. A traffic signal is recommended at that location to mitigate traffic conditions. When analyzed as a signalized intersection, Walnut Leaf Drive/Colima Road is forecast in Year 2020 conditions to operate at LOS “A” and LOS “B” during the AM and PM peak hours, respectively. On a cumulative basis, the proposed project will contribute to the adverse service level at nine intersections which are forecast to operate at an unsatisfactory LOS in Year 2020. The remaining eight intersections are forecast to operate at an acceptable LOS with the addition of project traffic in Year 2020. Certain planned improvements are presently required of approved development projects within the study area. Each of the background (non-project-related) improvements are assumed to be completed by Year 2020 and are included in the Year 2020 Cumulative Conditions. The planned improvements summarized in Table 4.6-11 (Summary of Planned Improvements) include: (1) Lemon Avenue/Valley Boulevard; (2) Brea Canyon Road/Washington Street; (3) Brea Canyon Road/Lycoming Street; (4) Brea Canyon Road/SR-60 WB Ramps; (5) SR-60 EB Ramps/Golden Springs Drive; and (6) Brea Canyon Road/Golden Springs Drive. The cost to construct and implement the planned improvements is estimated to total $6,996,875.00. The improvements summarized in Table 4.6-12 (Summary of Recommended Improvements) are recommended to mitigate the cumulative traffic impact of existing traffic, future non-project- related traffic (ambient growth and cumulative projects), and project traffic. Needed long-term improvements (Year 2020) have been identified at the following intersections: (1) Fairway Drive/Brea Canyon Cut-Off Road/Colima Road; (2) Lemon Avenue/Valley Boulevard; (3) Lemon Avenue/Golden Springs Drive; (4) Brea Canyon Road/Washington Street; (5) Brea Canyon Road/SR-60 WB Ramps; (6) SR-60 EB Ramps/Golden Springs Drive; (7) Brea Canyon Road/Golden Springs Drive; (8) Brea Canyon Road (West)/Pathfinder Road; and (9) Brea Canyon Cut-Off Road/Pathfinder Road. The cost to construct and implement these recommended improvements is estimated to total $13,461,875.00. In accordance with the City’s “Guidelines for the Preparation of Traffic Impact Analysis Report” requirements, the proposed project is required to pay a fair-share contribution toward the construction cost of planned and recommended improvements. Planned and recommended improvements are illustrated schematically in Figure 4.6-20 (Planned and Recommended Intersection Controls). Table 4.6-13 (Project Fair-Share Contribution) presents the project’s fair- share contribution of the cost to construct the planned and recommended improvements at the eleven study intersections projected to operate at LOS “E” or LOS “F” in the Year 2020. As indicated therein, the project’s fair-share contribution towards the recommended intersection improvements totals $307,078.80 or about 1.5 percent of the total estimated construction cost of $20,458,750. August 2006 Draft Environmental Impact Report Page 4.6-40 Section 4.6: Transportation and Circulation South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-41 Table 4.6-10 YEAR 2020 PEAK-HOUR INTERSECTION CAPACITY ANALYSIS Intersection Year 2005 Existing Year 2020 Cumulative Year 2020 Cumulative+ ProjectSignificant Impact With ImprovementsNo. Intersection Time Period ICU LOS ICU LOS ICU LOS ICU Inc.Yes/NoICU LOS 1 Fairway Drive/Brea Canyon Cut-Off Road/Colima Road AM PM 0.823 0.9201D E11.01411.2261E1F11.01811.2281E1F10.004 0.002 No No 0.658 0.837 C D 2 Lake Canyon Drive/ Colima Road AM PM 0.443 0.538 A A 0.509 0.620 A A 0.521 0.635 A B 0.012 0.015 No No -- -- -- -- 3 Walnut Leaf Drive/ Colima Road AM PM 25.2 s/v 56.2 s/v1D F159.6 s/v1344.5 s/v1F F 69.8 s/v1416.7 s/v1F F -- -- Yes Yes 0.505 0.669 A B 4 Calbourne Drive/ Golden Springs Drive AM PM 0.302 0.489 A A 0.376 0.625 A B 0.379 0.628 A B 0.003 0.003 No No -- -- -- -- 5 Lemon Avenue/ Valley Drive AM PM 0.857 0.903 D D 0.94311.0751E1F10.94411.0771E1F10.001 0.002 No No 0.872 0.897 D D 6 Lemon Avenue/ Golden Springs Drive AM PM 0.542 0.789 A C 0.715 1.0551C F10.736 1.0691C F10.021 0.014 No No 0.641 0.870 B D 7 Lemon Avenue/ Willow Bud Drive AM PM 7.13 s/v 7.05 s/v A A 7.20 s/v 7.19 s/v A A 7.40 s/v 7.47 s/v A A 0.027 0.037 No No -- -- -- -- 8 Black Hawk Drive/ Lemon Avenue AM PM 8.6 s/v 8.5 s/v A A 8.6 s/v 8.6 s/v A A 8.7 s/v 8.9 s/v A A 0.011 0.034 No No -- -- -- -- 9 Rapidview Drive/ Golden Springs Drive AM PM 0.414 0.631 A B 0.522 0.813 A D 0.525 0.818 A D 0.003 0.005 No No -- -- -- -- 10 Brea Canyon Road/ Washington Street AM PM 0.571 0.486 A A 1.24910.880 F1D 1.25010.880 F1D 0.001 0.001 No No 0.815 0.856 C D 11 Brea Canyon Road/ Lycoming Street AM PM 0.658 0.873 B D 0.744 0.824 C D 0.745 0.824 C D 0.000 0.001 No No -- -- -- -- 12 Brea Canyon Road/SR-60 WB Ramps (CMP) AM PM 0.884 0.807 D D 1.34810.992 F1 E 1.34910.9931F1E 0.001 0.001 No No 06924 0.802 B C 13 SR-60 EB Ramps/Golden Springs Drive (CMP) AM PM 0.805 0.711 D C 1.19911.0331F1 F11.20411.1361F1F10.005 0.003 No No 0.871 0.706 D C 14 Brea Canyon Road/ Golden Springs Drive AM PM 0.827 0.9641D E 1.24111.0041F1 E11.24211.0321F1F10.001 0.002 No No 0.894 0.866 D D 15 Brea Canyon Road/ Glenbrook Drive AM PM 0.418 0.486 A A 0.537 0.666 A B 0.538 0.667 A B 0.001 0.001 No No -- -- -- -- 16 Brea Canyon Road/ Diamond Crest Lane AM PM 0.174 0.411 A A 0.263 0.539 A A 0.263 0.539 A A 0.000 0.000 No No -- -- -- -- 17 Brea Canyon Road/ Pathfinder Road AM PM 0.631 0.868 B D 0.842 1.1151D F10.843 1.1171D F10.001 0.002 No No 0.671 0.837 B D 18 Brea Canyon Cut-Off Road/ Pathfinder Road AM PM 0.98911.0691E1F11.32411.5931F1F11.32911.5971F1F10.005 0.004 No No 0.690 0.848 C D Notes: 1. ICU/LOS values indicate adverse service levels based on City LOS standards. Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 South Pointe West City of Diamond Bar, California Table 4.6-11 SUMMARY OF PLANNED IMPROVEMENTS No. Intersection (Jurisdiction) Improvement Description Cost Estimate 5 Lemon Avenue/ Valley Drive (Industry) Widen and/or restripe Lemon Avenue and Valley Boulevard to provide separate northbound, eastbound and westbound right- turn lanes, and a third westbound approach and departure (through) lane. Modify traffic signal. $1,233,000 10 Brea Canyon Road/ Washington Street (Diamond Bar) Widen and/or restripe Brea Canyon Road to provide a third southbound approach and departure (through) lane and a separate right-turn lane. Widen and/or restripe Washington to provide dual westbound left-turn lanes and an eastbound left- turn lane. Modify traffic signal. 763,000 11 Brea Canyon Road/ Lycoming Street (Diamond Bar Widen and/or restripe Brea Canyon Road to provide a third northbound and southbound approach and departure (through) lane and a separate southbound right-turn lane. Widen and/or restripe Brea Canyon Road to provide a second northbound left- turn lane. Widen and/or restripe Lycoming to provide dual westbound left-turn lanes and an eastbound left-turn and right- turn lane. Modify traffic signal. 1,507,250 12 Brea Canyon Road/SR-60 WB Ramps (Diamond Bar) Widen and/or restripe Brea Canyon Road to provide a third southbound approach and departure (through) lane, and a southbound “free” right-turn lane. Widen the SR-60 WB off-ramp to provide a separate left-turn lane. Modify traffic signal. 917,500 13 SR-60 EB Ramps/Golden Springs Drive (Diamond Bar) Widen and/or restripe Golden Springs Drive to provide a second eastbound left-turn lane and a third westbound approach and departure (through) lane. Widen the SR-60 EB off-ramp to provide a separate right-turn lane. Modify traffic signal. 1,098,125 14 Brea Canyon Road/Golden Springs Drive (Diamond Bar) Widen and/or restripe Brea Canyon Road and Golden Springs Drive to provide a second northbound and westbound left-turn lane, a third westbound approach and departure (through) lane, a northbound right-turn lane and a second southbound right-turn lane. Modify traffic signal. 1,478,000 Total: $6,996,870 Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 With regards to that fair-share contribution, although not specifically required based on existing City requirements, a project condition (Project Condition 6-5) has been recommended specifying the Applicant’s obligation for the payment of a fair-share contribution toward the identified improvements. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Congestion Management Program Compliance The CMP is a result of Proposition 111, as approved by the voters in June 1990, which allowed for the imposition of a nine cent per gallon gasoline tax increase over a five-year period. Proposition 111 limited the use of new gas tax revenues for the correction of existing traffic problems and not for the promotion of new development. For a city to get its share of Proposition 111 funds, it must follow certain procedures, including the requirement to prepare a traffic impact analysis (TIA) for new development proposals above a specified size. August 2006 Draft Environmental Impact Report Page 4.6-42 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California Table 4.6-12 SUMMARY OF RECOMMENDED IMPROVEMENTS No . Intersection (Jurisdiction) Improvement Description Cost Estimate 1 Fairway Drive/Brea Canyon Cut-Off/ Colima Road (Los Angeles County) Widen and/or restripe Fairway Drive-Brea Canyon Cut-Off Road to provide a second NB and SB left-turn lane and separate NB and SB right-turn lanes. Widen and/or restripe Colima Road to provide a second EB and WB left-turn lane and separate EB and WB right-turn lanes. Install traffic signal surveillance and control equipment and coordinate traffic signal. The implementation of this improvement may require some modification to existing traffic signal equipment. $ 1,390,000 3 Walnut Leaf Drive/ Colima Road (Diamond Bar) Install a 3-phase traffic signal at this location. 250,000 5 Lemon Avenue/ Valley Drive (Industry) Widen and/or restripe Valley Boulevard Road to provide a second EB and WB left-turn lane and a third EB through lane. Install traffic signal surveillance and control equipment and coordinate traffic signal. The implementation of this improvement may require some modification to existing traffic signal equipment. 1,256,125 6 Lemon Avenue/ Golden Springs Dr. (Diamond Bar) Restripe SB through lane to provide an option left-through lane. Modify existing signal to split-phase operation on Lemon Avenue. 106,250 10 Brea Canyon Road/ Washington Street (Diamond Bar) Widen and/or restripe Brea Canyon Road to provide a third NB approach and departure (through) lane. The implementation of this improvement may require some modification to existing traffic signal equipment. 763,000 12 Brea Canyon Road/SR-60 WB Ramps (Diamond Bar) Widen and/or restripe Brea Canyon Road to provide a third NB approach and departure (through) lane and convert dual right-turn lanes to a single free-right-turn lane. The implementation of this improvement may require some modification to existing traffic signal equipment. 910,000 13 SR-60 EB Ramps/Golden Springs Drive (Diamond Bar) Widen and/or restripe Golden Springs Drive to provide a third EB approach and departure (through) lane, and convert WB right-turn to a free right-turn lane. Add a separate NB left-turn lane and a second SB left-turn lane. The implementation of this improvement may require some modification to existing traffic signal equipment. 1,239,500 14 Brea Canyon Road/Golden Springs Drive (Diamond Bar) Widen and/or restripe Brea Canyon Road and Golden Springs Drive to provide a third NB, SB, and EB approach and departure (through) lane, a third EB left-turn lane and a second WSB right-turn lane. The implementation of this improvement may require some modification to existing traffic signal equipment. 5,174,000 17 Brea Canyon Road (West)/ Pathfinder Road (Diamond Bar) Widen and/or restripe Pathfinder Road to provide a second EB left-turn lane and a second WB right-turn lane. The implementation of this improvement may require some modification to existing traffic signal equipment. 258,875 18 Brea Canyon Cut- Off Road/ Pathfinder Road (Los Angeles County) Widen and/or restripe Brea Canyon Cut-off Road and Pathfinder Road to provide a second NB and EB left-turn lane, and separate SB, EB, and WB right-turn lanes. Widen and/or restripe Brea Canyon Cut-Off Road to provide a second NB and SB approach and departure (through) lane. Install traffic signal surveillance and control equipment and coordinate traffic signal The implementation of this improvement may require some modification to existing traffic signal equipment. 2,114,125 Total: $13,461,875 Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-43 South Pointe West City of Diamond Bar, California Figure 4.6-20 PLANNED AND RECOMMENDED INTERSECTION CONTROLS Source: Linscott Law & Greenspan NOT TO SCALE Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-44 South Pointe West City of Diamond Bar, California Table 4.6-13 PROJECT FAIR-SHARE CONTRIBUTION Intersection No. Intersection Time Period Project Traffic Related Project Traffic Project Fair-Share PercentageCost of ImprovementProject Fair-Share Contribution1 Fairway Drive/Brea Canyon Cut-Off Road/ Colima Road AM PM 36 48 615 980 5.0 $1,390,750 $69,500.003 Walnut Leaf Drive/Colima Road AM PM 20 27 233 427 6.6 250,000 16,500.005 Lemon Avenue/Valley Drive AM PM 12 16 1,099 1,706 1.0 2,489,125 24,891.306 Lemon Avenue/Golden Springs Drive AM PM 56 75 356 618 11.9 106,250 12,643.8010 Brea Canyon Road/Washington Street AM PM 4 5 2,380 2,845 0.2 1,526,000 3,052.0011 Brea Canyon Road/Lycoming Street AM PM 4 5 1,365 1,782 0.3 1,507,250 4,421.8012 Brea Canyon Road/SR-60 WB Ramps (CMP Intersection) AM PM 9 22 2,464 2,949 0.6 1,827,500 10,965.0013 SR-60 EB Ramps/Golden Springs Drive (CMP Intersection) AM PM 32 43 1,503 1,536 2.4 2,337,625 56,103.0014 Brea Canyon Road/Golden Springs Drive AM PM 17 32 1,840 2,038 1.2 6,652,000 79,824.0017 Brea Canyon Road/Pathfinder Road AM PM 4 5 575 871 0.6 258,875 1,553.3018 Brea Canyon Cut-Off Road/ Pathfinder Road AM PM 12 16 877 1,235 1.3 2,114,125 27,483.60Total: $20,458,750 $307,037.80Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-45 South Pointe West City of Diamond Bar, California If required, the TIA must include all monitored intersections where the project will add traffic above a specified minimum. In Los Angeles County, the monitored intersections are presented in Appendix A of the “2004 Congestion Management Program for the County of Los Angeles” (Los Angeles County Metropolitan Transportation Authority, 2004). The CMP requires that the traffic impact of individual development projects of potential regional significance be analyzed. As required, a review has been conducted of designated monitoring locations on the CMP highway system for potential impact analysis. Pursuant to CMP TIA criteria, the geographic area examined in the TIA must include, at a minimum, the following: (1) all CMP arterial monitoring intersections, including freeway on- and off-ramp intersections, where the project will add 50 or more trips during either the AM or PM weekday peak hours; and (2) mainline freeway-monitoring stations where the project will add 150 or more trips, in either direction, during the AM or PM weekday peak hours. The CMP arterial intersections in the vicinity of the study area include the intersections of Brea Canyon Road/SR-60 WB Ramps and SR-57 EB Ramps/Golden Springs Drive. Based on the proposed project’s trip generation, trip distribution, and trip assignment, the added AM and PM peak-hour project-generated trips to the street system fall below the thresholds required for a CMP intersection analysis. A review of the intersection capacity analyses provided in Table 4.6-9 (Year 2010 Peak-Hour Intersection Capacity Analysis) and Table 4.6-10 (Year 2020 Peak-Hour Intersection Capacity Analysis) indicates that the proposed project will not impact the intersections of Brea Canyon Road/SR-60 WB Ramps and SR-60 EB Ramps/Golden Springs Drive. The CMP freeway mainline monitoring stations in the vicinity of the project include the SR-57 Freeway south of Pathfinder Road, the SR-60 Freeway east of Nogales Street, the SR-60 Freeway at Brea Canyon Road, and the SR-60 Freeway east of the SR-57 Freeway. The proposed project will not add 150 or more trips (in either direction) during the weekday AM and PM peak hours at any of those CMP mainline freeway monitoring locations. A CMP freeway traffic impact analysis is, therefore, not required. Site Access Operational Impact 6-4. The installation of access gates at the project’s entryways could create conflicts on the adjoining roadways if vehicles gaining entry into the tract map area were to impede traffic flow along those roadways, such as might occur if the stacking distance allocated for entering vehicles was of insufficient length to accommodate the number of vehicles seeking entry during peak periods. Level of Significance before Mitigation: Less than Significant In order to determine minimal staging length, a queuing analysis was performed. The analysis is designed to estimate the maximum number of queuing vehicles that would store behind the service position vehicle at the control point. That number is then rounded up to the nearest vehicle and added to the single service position vehicle, resulting in the total number of vehicles stored behind the control point. The required storage capacity, in vehicles, is converted into a length by multiplying the number of expected vehicles by a vehicle length of 25 feet. Table 4.6-14 (Vehicular Queuing Analysis Summary) presents a summary of the vehicular stacking analysis for in-bound resident and visitor traffic at the main gated entrance located along Larkstone Drive. This queuing analysis conservatively assumes that 25 percent of the August 2006 Draft Environmental Impact Report Page 4.6-46 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California project’s in-bound traffic during the AM and PM peak hours will be visitors. In addition, a conservative design service/processing rate of 60 vehicles per hour was assumed (equivalent to a processing rate of one vehicle every 60 seconds) for visitors to the project site. Table 4.6-14 VEHICULAR QUEUING ANALYSIS SUMMARY Description Time Period Entering Traffic Volumes Service Rate (vehicles/hour) Intensity Factor (I) Maximum Number of Stacked Vehicles Required Storage Capacity (feet) AM 6 60 0.10 2 50 Primary Project Driveway (Larkstone Drive) PM 17 60 0.28 2 50 Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 The primary project entry is expected to have a maximum queue of two non-resident vehicles during the AM and PM peak hours, requiring a minimum storage reservoir length of 50 feet between the gate and back of sidewalk. With a proposed storage capacity of approximately 169 feet, from the gate to the back of sidewalk (92 feet from the potential location of the call box to the back of sidewalk), adequate vehicular stacking capacity will be provided. A separate drive aisle will be provided for residents to by-pass visitors queuing at the call box. The effectiveness of emergency response is directly related to the time required to gain access into a community or property.25 Unmonitored gated entries requiring an access key or code can serve to impede or otherwise delay rapid access by emergency service providers. Guidelines for entry gates, applicable whenever an emergency access roadway is restricted by a gate or barrier, are set forth in Article 9 of the California Fire Code (CFC), as locally amended. As specified, the Los Angeles County Fire Department (LACFD) has established the following requirements for gated entrance design: ƒ Single Gate Design: (i) shall provide a minimum clear open width of 26 feet, with the keypad set back to a minimum of 50 feet from the back of right of way; (ii) provide a minimum turning radius of 32 feet prior to the gate, with a minimum width of 20 feet clear to be maintained through the radius, ƒ Double Gate Design: (i) shall provide for a minimum clear opening width of 20 feet for both ingress and egress, with the keypad set back a minimum of 50 feet from the back of right of way; (ii) provide a minimum turning radius of 32 feet prior to the gate, with a minimum width of 20 feet clear to be maintained through the radius. The primary project gated entrance on Private Drive “A” will have a single gate design. As shown on Figure 4.6-21 (Private Drive “A” Access Gate), the gate opening width is 28 feet and the call box/keypad setback from the back of the right-of-way is approximately 106 feet. A turning radius of 32 feet prior to the gate can be provided and 32 feet remains clear through the radius. The proposed gated entrance meets the LACFD’s emergency access requirements. 25/ Orange County Fire Authority, Design and Installation of Emergency Access Gates and Barriers, Guideline B-06, January 23, 2004, p. 1. Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-47 South Pointe West City of Diamond Bar, California Figure 4.6-21 PRIVATE DRIVE “A” ACCESS GATE Source: Linscott Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-48 South Point West City of Diamond Bar, California Although not specifically required based on the absence of an identified significant environmental effect, a project condition (Project Condition 6-6) has been recommended in order to ensure that the design and operation of the project’s access gates do not unreasonably hinder emergency ingress into the tract map area. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Internal Circulation Operational Impact 6-5. Internal street design, including the provision of on-street parking and the installation and maintenance of abutting landscaping, could create safety hazards unless designed in accordance with appropriate traffic engineering standards. Although the on-site circulation layout of the proposed project is adequate, additional signage and striping is recommended to ensure that traffic is controlled on the site. As illustrated in Figure 4.6-22 (Conceptual Internal Signing and Striping Plan), it is recommended that the intersections of Private Drive “A”/Private Drive “C,” Private Drive “A”/Larkstone Drive, and Private Street “A”/ Morning Sun Avenue be stop-controlled intersections. A sight distance evaluation was prepared for the Private Drive “A”/Larkstone Drive and the Private Drive “A”/Private Drive “C” intersections. As illustrated in Figure 4.6-23 (Sight Line Evaluation), the design speed limit of 25 mph was utilized in the sight distance evaluation. The sight distance used for evaluation was based on the Caltrans’ “Highway Design Manual” (HDM). The HDM requires that minimum sight distance for private road intersections be equal to the stopping sight distance. As defined, the stopping sight distance is the distance required by the driver of a vehicle, traveling at a given speed, to bring a vehicle to a stop after an object on the road becomes visible. Stopping sight distance is measured from the driver’s eyes, which are assumed to be 3.5 feet above the pavement surface, to an object 0.5-foot high on the roadway. Based on the criteria set forth in the HDM, a minimum stopping sight distance of 150 feet is required for the design speed of 25 mph. Figure 4.6-23 (Sight Line Evaluation) presents a schematic of the intersection sight distance evaluation performed at the project driveway exiting to Larkstone Drive and the Private Drive “A”/Private Drive “C” intersection and illustrates the required sight distance and corresponding limited use areas. As shown, adequate intersection sight distance can be provided at the two study intersections. Since it is possible that a motorist’s sight distance may be obstructed by future project landscapes and/or hardscape along project frontage, any landscaping and/or hardscapes must be designed to ensure that a driver’s clear line of sight is not obstructed. Although not specifically required based on the absence of an identified significant environmental effect, a project condition (Project Condition 6-7) has been recommended to ensure that future landscape improvements do not create impediments to driver visibility. As illustrated in Figure 2-8 (Conceptual Parking Plan), in addition to the 198 spaces located within the garages associated with each dwelling unit, as now proposed, a total of 520 parking spaces will be provided within the project area, 198 off-street spaces located in the driveways that accompany each dwelling, 198 parking spaces located within individual garages, 104 on- street parking spaces within the tract map area, and 20 off-street parking spaces located within the proposed park area. Proposed parking conforms to City code requirements and appears sufficient to meet the reasonable needs of the proposed project. Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-49 South Pointe West City of Diamond Bar, California Figure 4.6-22 CONCEPTUAL INTERNAL SIGNING AND STRIPING PLAN Source: Linscott Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-50 South Pointe West City of Diamond Bar, California Figure 4.6-23 SIGHT LINE EVALUATION Source: Linscott Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-51 South Pointe West City of Diamond Bar, California As specified by the LACFD, a minimum 36-foot pavement width is required in order to allow parking on both sides of the access way serving the residential units.26 As indicated on the vesting tentative tract map, all new local/private streets will have a pavement width of 36 feet. In accordance with LACFD design requirements, on-street parking can be provided on both sides of the new local/private streets. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Pedestrian Safety Operational Impact 6-6. The proximity between South Pointe Middle School and the proposed neighborhood park and the potential joint use of that facility by the school district may encourage additional pedestrian traffic between those two facilities and, in combination with the dedication of Larkstone Drive as a public street, introduce additional pedestrian safety hazards. Level of Significance before Mitigation: Less than Significant With the development of a new neighborhood park in close proximity to South Pointe Middle School, whether the park is utilized as a joint-use facility or operated independently from other school activities, there will likely exist increased pedestrian activities between the middle school and the park area. As indicated in the American Council of the Blind’s (ACB) “Pedestrian Safety Handbook - A Handbook for Advocates Dedicated to Improving the Pedestrian Environment Guaranteeing People who are Blind or Visually Impaired Access to Intersection Identification and Traffic Control Information, Second Edition” (American Council of the Blind, April 2000), “[o]n a per-mile basis, walking is more dangerous than driving, flying, or riding a bus or train.” Although the ACB’s handbook may not be directly applicable, many young children may be inattentive when it comes to crossing the street. The California Vehicle Code (CVC) requires the City to follow the national guidelines outlined in Caltrans’ “Traffic Engineering Manual” (Manual). Traffic control devices include signal lights, traffic signs, and paint markings. The Manual covers all aspects of the placement, construction and maintenance of every form of approved traffic control device. The guidelines prescribe the five basic requirements for all traffic control devices. Those devices must: (1) fulfill a need; (2) command attention; (3) convey a clear, simple meaning; (4) command respect of road users; and (5) give adequate time for proper response. Crosswalks are either "marked" or "unmarked." The CVC defines a "crosswalk" as the portion of a roadway at an intersection, which is an extension of the curb and property lines of the intersecting street or is any other portion of a roadway which is marked as a pedestrian crossing location by painted lines. A "marked crosswalk" is any crosswalk which is delineated by white or yellow painted markings placed on the pavement. All other crosswalk locations are, therefore, classified as "unmarked." 26/ Correspondence from David R. Leininger, Chief, Forestry Division, County of Los Angeles Fire Department to Nancy Fong, Interim Community Development Director, City of Diamond Bar (Re: Notice of Preparation, South Pointe West, General Plan Amendment #2005-01/Specific Plan #2005-01/Vesting TTM 3063623/Tree Permit #2005-06/CUP #2005-05/Development Review #2005-06 Development Agreement #2005- 01/Lot Line Adjustment 2005-003 [Diamond Bar], FFER #200600005), dated May 15, 2006. August 2006 Draft Environmental Impact Report Page 4.6-52 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California Research suggests that marked crosswalks give pedestrians a false sense of security. The City of San Diego published the results of a very extensive study of the relative safety of marked and unmarked crosswalks. San Diego looked at 400 intersections for five years (without signals or 4- way stops) that had a marked crosswalk on one side and an unmarked crosswalk on the other. About two-and-one-half times as many pedestrians used the marked crosswalk but about six times as many accidents were reported in the marked crosswalks. The City of Long Beach studied pedestrian safety for three years (1972 - 1974) and found eight times as many reported pedestrian accidents at intersections with marked crosswalks than at those without. One possible explanation of this apparent contradiction is the false security pedestrians feel at the marked crosswalk. Pedestrians often step off the curb into the crosswalk expecting drivers of vehicles approaching the crosswalk to stop. A pedestrian can stop in less than three feet, while a vehicle traveling at 35 miles per hour can require more than 100 feet. Although not specifically required based on the absence of an identified significant effect, project condition (Project Condition 6-8) has been recommended in order to ensure that pedestrian and children’s safety is fully considered. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Local Residential Street Analysis Based on the project trip distribution pattern presented in Figure 4.6-5 (Project Trip Distribution Pattern), daily project trips were assigned to each of the study local residential streets and the number of trips estimated. Project-related daily traffic volumes (two-way) are presented in Figure 4.6-24 (Project Average Daily Traffic Volumes). These projected average daily traffic volumes, with the project, are presented in Figure 4.6-25 (Existing with Project Average Daily Traffic Volumes). Table 4.6-15 (Local Residential Street Traffic Impact Analysis) shows the existing number of lanes, arterial classification and capacity at LOS “E” for each study roadway segment and the existing traffic, existing plus project traffic, and project impact results. As indicated, nine of the ten local residential study street segments are forecast to continue to operate at LOS “A” or LOS “B” on a daily basis. One location (i.e., Lemon Avenue between Golden Springs and Clear Spring Court) is forecast to operate at LOS “D.” As a result, the project does not significantly impact any of the 10 study roadway segments.27 Public Transit A number of agencies currently provide public transit services in the City. Foothill Transit operates, among others, two bus routes along Colima Road/Golden Springs Drive (Routes 482 and 493). Additionally, the MTA operates a bus route along Colima Road/Golden Springs Drive (Route 689). The Southern California Regional Rail Authority (Metrolink) operates a regional rail service, including a station in the City of Industry (600 S. Brea Canyon Road, Industry). The City provides "Diamond Ride," a specialized transit service for individuals 60 years of age and over and the disabled that provides curb-to-curb taxicab service to eligible residents. 27/ The performance of roadway segments was evaluated based on the volume-to-capacity (v/c) ratio, which is translated into a level of service (LOS), similar to peak-hour intersection analysis. The City’s “Guidelines for Preparation of Traffic Impact Analysis Report” indicates that the maximum capacity for local residential roads is 3,100 ADT and shall not exceed LOS “D.” Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-53 South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-54 Figure 4.6-24 PROJECT AVERAGE DAILY TRAFFIC VOLUMES Source: Linscott Law & Greenspan South Pointe West City of Diamond Bar, California Figure 4.6-25 EXISTING WITH PROJECT AVERAGE DAILY TRAFFIC VOLUMES Source: Linscott Law & Greenspan Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-55 South Pointe West City of Diamond Bar, California Table 4.6-15 LOCAL RESIDENTIAL STREET TRAFFIC IMPACT ANALYSIS (1) Existing Traffic (2) Existing + Project Traffic (3) Project Impact Roadway Segment No. Existing Lanes1Arterial Class. Existing Capacityat LOS EDaily VolumeV/C Ratio LOS Daily VolumeV/C Ratio LOS V/C IncreaseSign.2Lemon Avenue between Golden Springs Drive and Clear Springs Court 2U Local Resident. Street 3,100 1,916 0.618 B 2,645 0.853 D 0.235 No Lemon Avenue between Hollow Pine Drive and Alda Court 2U Local Resident. Street 3,100 565 0.182 A 981 0.316 A 0.134 No Willow Bud Drive between Trend Court and Candler Court 2U Local Resident. Street 3,100 351 0.113 A 663 0.214 A 0.100 No Black Hawk Drive between Lemon Avenue and Larkstone Drive 2U Local Resident. Street 3,100 321 0.104 A 1,050 0.338 A 0.235 No Larkstone Drive between Dab Court and End 2U Local Resident. Street 3,100 137 0.044 A 866 0.279 A 0.235 No Diamond Crest Lane between Brea Canyon Road and End 2U Local Resident. Street 3,100 878 0.283 A 878 0.283 A 0.000 No Lake Canon Drive south of Golden Springs Road 2U Local Resident. Street 3,100 1,909 0.616 B 2,118 0.683 B 0.067 No Walnut Leaf Drive south of Golden Springs Road 2U Local Resident. Street 3,100 874 0.282 A 978 0.315 A 0.034 No Chapel Hill Drive east of Walnut Leaf Drive 2U Local Resident. Street 3,100 86 0.028 A 398 0.128 A 0.100 No Shepherd Hills Drive east of Chapel Hill Drive 2U Local Resident. Street 3,100 265 0.085 A 577 0.186 A 0.100 No Notes: 1. 2U – two-lane undivided arterial. 2. Pursuant to the “Guidelines for the Preparation of Traffic Impact Analysis Report” (City of Diamond Bar, July 2005), project impact is considered significant when the LOS in Column (2) is at LOS “E” or LOS “F” and the project volume-to-capacity (V/C) ratio in Column (3) is 0.02 or greater. Source: Linscott, Law & Greenspan, Revised Traffic Impact Analysis Report, South Pointe West Residential Development, Diamond Bar, California, June 23, 2006 Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-56 South Point West City of Diamond Bar, California The project site is not located along any major arterial highways. The site is not presently served by any existing transit routes. No transit services or facilities are now proposed as part of the proposed project. Project-related impacts on regional transit providers would be minimal. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Cumulative Impacts Cumulative Impact 6-7. The implementation of the proposed project, in combination with other related projects, will collectively contribute to existing traffic congestion in the general project area and exacerbate the need for localized areawide traffic improvements. Level of Significance before Mitigation: Less than Significant For the purpose of this traffic impact analysis, the discussion of potential cumulative traffic impacts has been incorporated into the analysis of project plus ambient growth plus related project impacts. As indicated in Table 4.6-10 (Year 2018 Peak-Hour Intersection Capacity Analysis), the following nine intersections are projected to operate at LOS “E” or “F” under Year 20108 cumulative conditions: (1) Fairway Drive/Brea Canyon Cut-Off Road/Colima Road (AM peak hour and PM peak hour); (2) Lemon Avenue/Valley Drive (AM peak hour and PM peak hour); (3) Lemon Avenue/Golden Springs Drive (PM peak hour); (4) Brea Canyon Road/Washington Street (AM peak hour); (5) Brea Canyon Road/SR-60 WB Ramps (AM peak hour and PM peak hour); (6) SR-60 EB Ramps/Golden Springs Road (AM peak hour and PM peak hour); (7) Brea Canyon Road/Golden Springs Drive (AM peak hour and PM peak hour); (8) Brea Canyon Road/Pathfinder Road (PM peak hour); and (9) Brea Canyon Cut-Off Road/Pathfinder Road (AM peak hour and PM peak hour). Although the project will not significantly impact any of the study area intersections, on a cumulative basis, the project will contribute to the adverse service level at those nine intersections. Based on Year 2018 Cumulative Conditions, a number of planned or recommended improvements have been identified and are outlined in Table 4.6-11 (Summary of Planned Improvements). Each related project’s payment of a fair-share contribution toward those improvements or, as appropriate, the implementation of the identified intersection improvements themselves, provides a mechanism for later projects to contribute toward improvements to the area’s roadway network in proportion to each related project’s impacts thereupon. As with the proposed project, other related projects would also be subject to the provision of or payment toward related project street improvements, as required based on the findings of separate TIAs. Implementation of those improvements and/or payment of those fees, as would be reasonably expected for those related projects, constitute full mitigation for the anticipated impacts upon those intersections. Since none of the threshold of significance criteria would be exceeded, cumulative traffic impacts would be less than significant and no further mitigation is recommended or required. 4.6.4 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions ƒ Project Condition 6-1. As a condition to the issuance of the grading permit, the Applicant shall be responsible for the repair of any damage to roads resulting from the Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-57 South Pointe West City of Diamond Bar, California delivery of heavy equipment and building materials and the import and export of soil material to and from the project site. Any resulting roadway report shall be to the satisfaction of the City of Diamond Bar, if within the City, or the County of Los Angeles, if located in an unincorporated County area. ƒ Project Condition 6-2. Construction Traffic Safety Plan. 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 vehicles; 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 times 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 Engineer. ƒ Project Condition 6-3. Prior to the issuance of any grading or grubbing permits, the Applicant shall investigate the feasibility of constructing a temporary roadway or driveway, generally parallel to Larkstone Drive but south and independent of that roadway, for the purpose of directing construction traffic away from existing residential neighborhoods located to the west of the project site onto Diamond Crest Lane and Brea Canyon Road. Evidence of the feasibility or infeasibility of that construction access road shall include, but not necessarily be limited to, consideration of engineering feasibility, phasing of neighborhood park construction, ability of the Applicant to implement proposed stockpiling plans, and impacts upon residents to the east of the project site, and shall be provided to the City prior to the issuance of any grading or grubbing permits. If determined to be feasible and beneficial by the City, the City may elect to impose additional permit conditions directing, among other requirements, that all or a specified amount and/or type of construction traffic utilize that temporary access route. ƒ Project Condition 6-4. Traffic Control Plan. Prior to the issuance of the final grading plan, 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 August 2006 Draft Environmental Impact Report Page 4.6-58 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California City. The TCP shall describe the Applicant’s plans to safely and efficiently maintain vehicular and non-vehicular access along Larkstone and Morning Sun Drives 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 safety plan and traffic control plan. ƒ Project Condition 6-5. Prior to the recordation of the final tract map, the Applicant shall provide, to the satisfaction of and in the amount specified by the City Engineer, the Applicant’s fair-share contribution toward the cost of the improvements to the following intersections: (1) Fairway Drive/Brea Canyon Cut-Off/Comina Road; (2) Lemon Avenue/Valley Drive; (3) Lemon Avenue/Golden Springs Drive; (4) Brea Canyon Road/Washington Street; (5) Brea Canyon Road/SR-60 WB Ramps; (6) SR-60 EB Ramps/Golden Springs Drive; (7) Brea Canyon Road/Golden Springs Drive; (8) Brea Canyon Road/Pathfinder Road; and (9) Brea Canyon Cut-Off Road/Pathfinder Road. ƒ Project Condition 6-6. As stipulated in Article 9 of the 2001 California Fire Code and any associated design guidelines promulgated by the Los Angeles County Fire Department (LACFD), unmonitored vehicular access gates shall, at all times, be accessible to emergency personnel and shall include a knox-box rapid entry system or similar emergency override key switch acceptable to the LACFD that is an integral part of the mechanism and appropriately located and labeled. In the event of a power failure, the gate shall be automatically transferred to a fail-safe mode allowing the gate to be pushed open without the use of special knowledge or equipment. ƒ Project Condition 6-7. Deed restrictions or other controls shall be imposed on those lots abutting the intersection of Private Drive “A”/Private Drive “C” restricting the installation and maintenance of any landscape or hardscape improvements that would limit site distances to less than those distances recommended in the California Department of Transportation’s “Highway Design Manual.” Landscape and hardscape improvement plans for those properties shall be reviewed and approved by the City Engineer. ƒ Project Condition 6-8. Prior to the recordation of the final tract map, the City’s Traffic Engineer shall determine the need for any traffic control device along Larkstone Drive. If, in the judgment of the Traffic Engineer, additional traffic control devices are deemed required, those devices shall be installed and operational prior to the commencement of any public use of the proposed park facility. Mitigation Measures ƒ No mitigation measures have been identified by the Lead Agency. 4.6.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS As mitigated, the approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related or cumulative transportation or circulation impacts. Draft Environmental Impact Report August 2006 Section 4.6: Transportation and Circulation Page 4.6-59 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.6-60 Section 4.6: Transportation and Circulation South Point West City of Diamond Bar, California 4.7 AIR QUALITY As indicated in the previously certified SPMP FEIR, with regards to the larger development project examined therein, the Lead Agency previously concluded that certain impacts could not be mitigated to a less-than-significant level. Among those impacts, the Lead Agency concluded that, both during construction and during the project’s operations, emission projections for certain criteria pollutions would be anticipated to exceed established criteria for significance. In addition, when considered in combination with other development activities anticipated to occur throughout the region, the Lead Agency concluded that cumulative air quality impacts associated with that earlier development proposal would be anticipated to be significant. Based, in part, upon those earlier findings, this analysis includes an assessment of short-term, long-term, and cumulative air quality impacts. 4.7.1 ENVIRONMENTAL SETTING 4.7.1.1 Regulatory Setting Criteria Air Pollutants The quality of the ambient air is affected by pollutants emitted into the air from stationary and mobile sources. Stationary sources can be divided into two major subcategories: point or area. Point sources consist of one or more emission sources at a facility with an identified location and are usually associated with manufacturing and industrial processing plants. Area sources, which include mobile sources, consist of many individual sources distributed over a wide area, such as mobile sources and consumer product emissions. Mobile sources refer to emissions from motor vehicles, including tailpipe and evaporative emissions, and are classified as either on-road or off-road sources. On-road sources are a combination of emissions from automobiles, trucks, and indirect sources. Indirect sources are sources that, by themselves, may not emit air contaminants but indirectly cause the generation of air pollutants by attracting vehicle trips or consuming energy. Examples of indirect sources include an office complex or commercial center that generates commuter trips and consumes energy resources through the use of natural gas for space heating. Off-road sources include aircraft, ships, trains, and self-propelled construction equipment. Mobile sources pollutants are regulated by federal and State laws and health-based standards established to protect sensitive receptors with a margin of safety from adverse health impacts due to exposure to air pollution. Section 108 of the Federal Clean Air Act (CAA) directs the USEPA to list pollutants that may reasonably be anticipated to endanger public health and welfare and to issue air quality criteria for those pollutants, hence the name “criteria” air pollutants. The USEPA has set national ambient air quality standards (NAAQS) for the following criteria pollutants: carbon monoxide (CO), lead (Pb), nitrogen dioxide (NO2), ozone (O3), particulate matter (PM), and sulfur dioxide (SO2). In addition, the California Air Resources Board (CARB) has adopted State ambient air quality standards (CAAQS) to provide a basis for preventing or abating adverse health or welfare effects of air pollution. In addition, the CARB has established and periodically reviews area designation criteria for the following nine criteria pollutants: ozone (O3), carbon monoxide (CO), nitrogen dioxide (NO2), sulfur dioxide (SO2), particulate matter less than 10 microns (PM10), particulate matter less than 2.5 microns (PM2.5), sulfates (SO4), lead (Pb), hydrogen Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-1 South Pointe West City of Diamond Bar, California sulfide (H2S), and visibility-reducing particles. Presented below is a description of each of these criteria air pollutants and their known health effects. ƒ Ozone. Ozone (O3), a federal and State criteria pollutant, is one of a number of substances called photochemical oxidants that are formed when reactive organic compounds (ROC)1 and oxides of nitrogen (NOX), both byproducts of the internal combustion engine, react with sunlight. O3 is present in relatively high concentrations in the South Coast Air Basin (SCAB or Basin) and the damaging effects of photochemical smog are generally related to O3 concentrations. O3 may pose a health threat to those who already suffer from respiratory diseases as well as healthy people. Ozone acts as a strong irritant that attacks the body’s respiratory system. Symptoms include shortness of breath, chest pain when inhaling deeply, wheezing, and coughing. When ozone levels are high, people with lung disease are particularly susceptible to adverse health impacts. ƒ Carbon Monoxide. Carbon monoxide (CO), a federal and State criteria pollutant, is a colorless, odorless, toxic gas produced by incomplete combustion of carbon substances, such as gasoline or diesel fuel. The primary adverse health effect associated with CO is the interference of normal oxygen transfer to the blood, which may result in tissue oxygen deprivation. ƒ Nitrogen Dioxide. The principal form of nitrogen dioxide (NO2), a federal and State criteria pollutant, produced by combustion is nitric oxide (NO). NO reacts to form NO2, creating the mixture of NO and NO2 commonly called NOX. NO2 acts as an acute irritant and, in equal concentrations, is more injurious than NO. At atmospheric concentrations, however, NO2 is only potentially irritating. There is some indication of a relationship between NO2 and chronic pulmonary fibrosis. Some increase in bronchitis in children (2- 3 years old) has also been observed at concentrations below 0.3 part per million (ppm). NO2 absorbs blue light, resulting in a brownish-red cast to the atmosphere and reduced visibility. NO2 also contributes to the formation of particulates having an aerodynamic diameter of 10 microns or 0.0004 inch or less in diameter (PM10). ƒ Sulfur Dioxide. Sulfur dioxide (SO2), a federal and State criteria pollutant, is a colorless, pungent, irritating gas formed by the combustion of sulfurous fossil fuels. Fuel combustion is the primary source of SO2. At sufficiently high concentrations, SO2 may irritate the upper respiratory tract. At lower concentrations, when combined with particulates, SO2 may injure lung tissue. ƒ Particulates. Particulate matter (PM), a federal criteria pollutant, consists of finely divided solids or liquids such as soot, dust,2 aerosols, fumes, and mists. Particulate discharge results primarily from industrial, agricultural, construction, and transportation activities, and from wind action. Two forms are currently recognized: (1) course or respirable particles consist of particulate matter with an aerodynamic diameter of 10 microns or greater (PM10); and (2) fine particles consist of particulate with an aerodynamic diameter of 2.5 microns or less (PM2.5). Course and fine particles are of health concern because they can penetrate into the sensitive regions of the respiratory tract and may adversely affect the human respiratory system. Fine particles are linked 1/ In SCAQMD documents, the inclusive term reactive organic compounds generally describes and is gradually replacing the separate terms reactive organic gases (ROG), volatile organic compounds (VOC), and hydrocarbons (HC), except in cases where such differentiation provides additional clarification and definition. For purposes of this analysis, these terms are used synonymously herein. August 2006 Draft Environmental Impact Report Page 4.7-2 Section 4.7: Air Quality South Point West City of Diamond Bar, California to the most serious health effects and can cause persistent coughs, phlegm, wheezing, and other physical discomfort. Both PM2.5 and PM10 are State criteria pollutants. ƒ Sulfates. Sulfates (SO4), a State criteria pollutant, are the fully oxidized ionic form of sulfur and occur in combination with metals and/or hydrogen ions. In California, emissions from sulfur compounds occur primarily from the combustion of petroleum- derived fuels containing sulfur. This sulfur is oxidized to SO2 during the combustion process and subsequently converted to sulfate compounds in the atmosphere. Most of the associated health effects with fine particulates and SO2 at ambient levels are also associated with sulfates. ƒ Lead. Lead (Pb), a federal criteria pollutant, in the atmosphere is present as a mixture of a number of lead compounds. Leaded gasoline and lead smelters have been the main sources of lead emitted into the air. Due to the phasing out of leaded gasoline, there has been a dramatic reduction in atmospheric lead in the SCAB over the past two decades. Fetuses, infants, and children are more sensitive than others to the adverse effects of Pb exposure. Exposure to low levels can adversely affect the development and function of the central nervous system, leading to learning disorders, distractibility, and lower intelligence quotient. In adults, increased levels are associated with increased blood pressure. Lead poisoning can cause anemia, lethargy, seizures, and death. ƒ Hydrogen Sulfide. Hydrogen sulfide (H2S), a State criteria pollutant, is a colorless gas, with the odor of rotten eggs, formed during bacterial decomposition of sulfur-containing organic substances. It can be present in sewer gas, in natural gas, and as a result of geothermal energy exploitation. The CARB has concluded that the ambient standard for H2S is adequate to protect public health and to significantly reduce odor annoyance. Breathing hydrogen sulfide at levels above the State standard will result in exposure to a disagreeable odor. ƒ Vinyl Chloride. Vinyl chloride (chloroethene), a chlorinated hydrocarbon, is a colorless gas with a mild, sweet odor. Most vinyl chloride, a State criteria pollutant, is used to make polyvinyl chloride (PVC) plastic and vinyl products. Vinyl chloride has been detected near landfills, sewage plants, and hazardous waste sites, due to microbial breakdown of chlorinated solvents. Short-term exposure in air can cause central nervous effects. Long-term exposure through inhalation and oral exposure can cause liver damage. Vinyl chloride exposure has been shown to increase the risk of angiosarcoma, a rare form of liver cancer in humans. ƒ Visibility-Reducing Particles. Visibility-reducing particles, a State criteria pollutant, consist of suspended particulate matter, which is a complex mixture of tiny particles that consist of dry solid fragments, solid cores with liquid coating, and small droplets of liquid. These particles vary greatly in size, shape, and chemical composition and can be made up of many different materials, such as metals, soot, soil, dust, and salt. The State standard is intended to limit the frequency and severity of visibility impairment due to regional haze. 2/ Fugitive dust is not a criteria pollutant but does pose two public health and safety concerns. The first concern is that of respiratory problems attributable to the suspended particulates in the air. The second concern is that of motor vehicle accidents caused by reduced visibility during severe wind conditions. Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-3 South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 4.7-4 Section 4.7: Air Quality Federal Clean Air Act Requirements The CAA authorized the establishment of the NAAQS, as promulgated by the USEPA, and delegated the enforcement of air pollution regulations to the states. In areas where the NAAQS are exceeded, the CAA requires preparation of a State Implementation Plan (SIP), describing how a state will attain the standards within mandated time frames. The CAA requires plans to provide for the implementation of all reasonably available control measures, including the adoption of reasonably available control technology, for reducing emissions from existing sources. Other federal requirements include mechanisms to track plan implementation and milestone compliance for both ozone and carbon monoxide. Applicable NAAQS are listed in Table 4.6-1 (Ambient Air Quality Standards for Criteria Pollutants, Major Pollutant Source, and Primary Health Effects). Areas meeting these standards are classified as attainment and areas not meeting these standards are classified as non-attainment. Ambient Air Quality Standards Air quality impacts of a project, combined with existing background air quality levels, must be compared to the applicable CAAQS to gauge their significance. CAAQS represent the levels considered safe, with an adequate margin of safety, to protect public health and welfare and are designed to protect those sensitive receptors most susceptible to further respiratory distress, such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise. Healthy adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed. In California, the California Clean Air Act (CCAA) divided non-attainment areas into categories with progressively more stringent requirements. The CAAQS currently in effect in California are listed in Table 4.7-1 (Ambient Air Quality Standards for Criteria Pollutants, Major Pollutant Source, and Primary Health Effects). Areas meeting these standards are classified as attainment, while areas not meeting these standards are classified as non-attainment. As specified in the CCAA, it is the responsibility of each air pollution control district (APCD) and air quality management district (AQMD) within the State to attain and maintain CAAQS. The CCAA requires that an attainment plan be developed by all non-attainment districts for O3, CO, SOX, and NOX 3 that are either receptors or contributors of transported air pollutants. Districts designated as non-attainment for any of the remaining pollutants are not subject to any specific statutory requirements. Those districts must, however, adopt and enforce rules and regulations to expeditiously attain the State’s standards for those pollutants. The USEPA designates all areas of the United States as having air quality better than (attainment) or worse than (non-attainment) the NAAQS. The criteria for non-attainment designation vary by pollutant. As indicated in Table 4.7-2 (South Coast Air Basin Attainment Status), the SCAB is classified by the USEPA as an extreme non-attainment area for ozone (1- hour) and a non-attainment area for ozone (8-hour), a serious non-attainment area for CO, and a non-attainment area for NOX, PM10, and PM2.5.4 The SCAB is classified by the State as non- attainment for ozone (1-hour), PM2.5, and non-attainment-transitional for PM10. 3/ Nitrogen oxides (NOx) is the generic term for a group of highly reactive gases, all of which contain nitrogen and oxygen in varying amounts. NOx serves as an integral participant in the process of photochemical smog production. NOx acts as an acute respiratory irritant and increases susceptibility to respiratory pathogens. Because NOx is an ingredient in the formation of ozone, it is referred to as an ozone precursor. 4/ As indicated in the April 14, 2005 Federal Register, a portion of Los Angeles County, located generally in the northeastern portion of the County, is designated as unclassified/attainment for PM2.5 (70 FR 19844). South Pointe West City of Diamond Bar, California Table 4.7-1 AMBIENT AIR QUALITY STANDARDS FOR CRITERIA POLLUTANTS, MAJOR POLLUTANT SOURCE, AND PRIMARY HEALTH EFFECTS Pollutant Averaging Time California Standard Federal Primary Standard Major Pollutant Sources Primary Health Effects 1 hour 0.09 ppm (180 µg/m3)0.12 ppm (235 µg/m3) Ozone (O3) 8 hours 0.07 ppm (140 µg/m3)0.08 ppm (157 µg/m3) Motor vehicles, paints, coatings, and solvents. Aggravation of respiratory and cardiovascular disease. Irritation of eyes. Impairment of cardiopulmonary functions. Plant leaf injury. 24 hours 50 µg/m3150 µg/m3Respirable Particulate Matter (PM10 ) Annual Arithmetic Mean 20 µg/m350 µg/m3Reduced lung function. Aggravation of the effects of gaseous pollutants. Aggravation of respiratory and cardirespiratory diseases. Increased cough and chest discomfort. Soiling. Reduced visibility. 24 hours No separate State standard 65 µg/m3Fine Particulate Matter (PM2.5 ) Annual Arithmetic Mean 12 µg/m315 µg/m3Dust and fume-producing construction, industrial, and agricultural operations, combustion, atmospheric photochemical reactions, and natural activities (e.g. wind-raised dust and ocean sprays). Increased hospital admissions and emergency room visits for heart and lung disease. Increased respiratory symptoms and disease. Decreased lung functions and premature death. 1 hour 20 ppm (23 mg/m3) 35 ppm (40 mg/m3) Carbon Monoxide (CO) 8 hours 9.0 ppm (10 mg/m3) 9 ppm (10 mg/m3) Internal combustion engines, primarily gasoline-powered motor vehicles. Reduced tolerance for exercise. Impairment of mental functions. Impairment of fetal development. Death at high levels of exposure. Aggravation of some heart diseases (angina). Annual Average * 0.053 ppm (100 µg/m3)Nitrogen Dioxide (NO2) 1 hour 0.25 ppm (470 µg/m3)* Motor vehicles, petroleum-refining operations, industrial sources, aircraft, ships, and railroads. Aggravation of respiratory illness. Reduced visibility. Reduced plant growth. Formation of acid rain. Annual Average * 0.030 ppm (80 µg/m3) 1 hour 0.25 ppm (655 µg/m3)* Sulfur Dioxide (SO2) 24 hours 0.04 ppm 0.14 ppm (385 µg/m3) Fuel combustion, chemical plants, sulfur recovery plants, and metal processing. Aggravation of respiratory diseases (asthma, emphysema). Reduced lung function. Irritation of eyes. Reduced visibility. Plant injury. Deterioration of metals, textiles, leather, finishes, coatings, etc. 30-Day Average 1.5 µg/m3* Lead (Pb) Calendar Quarterly * 1.5 µg/m3Present sources: lead smelters, battery manufacturing and recycling facilities. Past source: combustion of leaded gasoline. Impairment of blood function and nerve construction. Behavioral and hearing problems in children. Visibility-Reducing Particles 8-hour Extinction coefficient of 0.25/km – visibility of >10 miles due to particles when relative humidity is <70% No federal standard Soil disturbance, wind. Visibility impairment on days when relative humidity is <70% Sulfates (SO4) 24 hours 25 µg/m3No federal standard Industrial processes. Aggrevation of asthmatic symptoms. Aggravation of cardiopulmonary disease. Vegetation damage. Degradation of visibility. Hydrogen Sulfide (H2S) 1-hour 0.03 ppm (42 µg/m3) No federal standard Sewer gas, geothermal exploitation. Odor annoyance. Vinyl Chloride 24-hour ppm (26 µg/m3) No federal standard Used in producing polyvinyl chloride. Acute exposure has lead to narcosis, cardiovascular and respiratory irregularity, convulsions, cyanosis, and death. Notes: ppm - parts per million; µg/m3 - micrograms per cubic meter; * - standard has not been established for this pollutant/duration by this entity. Source: South Coast Air Quality Management District, California Air Resources Board Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-5 South Pointe West City of Diamond Bar, California Table 4.7-2 SOUTH COAST AIR BASIN ATTAINMENT STATUS Pollutant State Federal Ozone (1-Hour) Non-Attainment Extreme Non-Attainment Ozone (8-Hour) No State Standard Non-Attainment PM2.5 Non-Attainment Non-Attainment (Partial) Unclassified/Attainment (Partial) PM10 Non-Attainment- Transitional1 Non-Attainment CO Attainment Serious Non-Attainment (Partial) Non-Attainment Transitional (Partial)2 NO2 Attainment Unclassified/Attainment SO2 Attainment Attainment Sulfates Attainment Unclassified Pb (Particulate) Attainment Unclassified H2S Unclassified Unclassified Visibility Reducing Particles Unclassified Unclassified Notes: 1. Under consideration by the CARB for redesignation as “attainment.” 2. The Los Angeles portion of SCAB. The SCAB has achieved the federal CO standard and the redesignation process is currently underway. Source: California Air Resources Control Board and South Coast Air Quality Management District, May 2003 and December 2004; 69 FR 23858 (April 30, 2004) Air Quality Management Plan To ensure continued progress toward clean air and comply with State and federal requirements, the SCAQMD, acting in conjunction with CARB and with SCAG, prepared the “2003 Air Quality Management Plan” (2003 AQMP), approved by the USEPA in 2004. The 2003 AQMP employs up-to-date science and analytical tools and incorporates a comprehensive strategy aimed at controlling pollution from all sources, including stationary sources, on-road and off-road mobile sources, and area sources. The 2003 AQMP outlines the air pollution measures needed to meet federal health-based standards for ozone by 2010 and for particulates (PM10) by 2006. The 2003 AQMP updates the demonstration of attainment with the federal standards for O3 and PM10; replaces the 1997 attainment demonstration for the federal CO standard, provides a basis for a maintenance plan for CO for the future; and updates the maintenance plan for the federal NO2 standard. The 2003 AQMP includes policies and measures to achieve federal and State standards for healthful air quality in the SCAB and those portions of the Salton Sea Air Basin (formerly the Southeast Desert Air Basin) under SCAQMD jurisdiction (Coachella Valley). Development projects related to regional air quality planning efforts through the growth forecasts used as inputs into the regional transportation planning model. If a proposed development is consistent with those growth forecasts and if all available emission reduction strategies are implemented as effectively as possible on a project-specific basis, then the air quality impact on a regional basis may be considered to be less than significant. August 2006 Draft Environmental Impact Report Page 4.7-6 Section 4.7: Air Quality South Point West City of Diamond Bar, California SCAQMD Rules and Regulations The SCAQMD is responsible for reducing emissions from stationary, mobile, and indirect sources. In furtherance of that objective, the SCAQMD has promulgated a series of binding rules and regulations governing specific activities performed within the SCAB. Although too numerous to recite herein, a number of relevant rules are briefly described below. Compliance with the following rules is mandatory for all large-scale construction projects. ƒ Rule 402 (Nuisance) is a nuisance provision that states that a person shall not discharge such quantities of air contaminants or other material that: (1) cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public; (2) endanger the comfort, repose, health, or safety of any such persons or the public; and/or (3) cause or have a natural tendency to cause, injury or damage to business or property. ƒ Rule 403 (Fugitive Dust)5 is a provision that sets requirements for control and monitoring of any activity or man-made condition capable of generating fugitive dust. Basically, the rule requires that all parties shall: (1) not cause or allow the emissions of fugitive dust from any active operation, open storage pile, or disturbed surface area so that the presence of such dust remains visible in the atmosphere beyond the property line of the emission source or the dust emission exceeds 20 percent opacity if the dust emission is the result of movement of a motorized vehicle; (2) utilize the applicable best available control measures (as included in the rule) to minimize fugitive dust emissions from each fugitive dust source type within the active operation; (3) not cause or allow PM10 levels to exceed 50 µg/m3 in the air when determined by simultaneous upwind and downwind sampling; (4) not allow track-out to extend 25 feet or more in cumulative length from the point of origin from an active operation; and (5) after January 1, 2005, not conduct an active operation with a disturbed surface area of five or more acres or with a daily import or export of 100 cubic yards or more of bulk material without utilizing at least one of the measures listed in the rule. “Large operations” are required to submit a large operation notification and, after January 1, 2005, install and maintain project signage that meets the minimum standards of the rule and identify a dust control supervisor. ƒ Rule 1113 (Architectural Coatings) specifies that no person shall supply, sell, offer for sale, manufacture, blend, or repackage any architectural coating for use in the District which contains more than 250 grams of volatile organic compound (VOC)6 per liter of coating (2.08 pounds per gallon), less water, less exempt compounds, and less any colorant added to tint bases, and no person shall apply or solicit the application of any architectural coating within the District that exceeds 250 grams of VOC per liter of coating. Rule 1113 lists specific effective dates and contains a table of standards for VOC emissions for various architectural coatings. The SCAQMD is in the process of developing local significance thresholds (LST) to evaluate project impacts on local air quality that are directly related to local pollution concentrations. 5/ On April 2, 2004, the SCAQMD’s Board of Directors certified “Final Environmental Assessment for Proposed Amended Rules 403-Fugitive Dust, 403.1-Supplemental Fugitive Dust Control Requirements for Coachella Valley Sources and 1186-PM10 Emission Reductions from Paved and Unpaved Roads, and Livestock Operations, SCAQMD No. 012804KCS” (SCAQMD, April 2, 2004) revising, in part, Rule 403 (Fugitive Dust). 6/ In SCAQMD documents, the inclusive term “reactive organic compounds” generally describes and is gradually replacing the separate terms “reactive organic gases” (ROG), “volatile organic compounds” (VOC), and “hydrocarbons” (HC), except in cases where such separation provides additional clarification and definition. For purposes of this analysis, these terms are used synonymously herein. Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-7 South Pointe West City of Diamond Bar, California These thresholds were developed in response to environmental justice initiatives in already polluted communities surrounded by large concentrations of diesel exhaust (truck or train) emissions. Those same thresholds are proposed to be applied on a Basin-wide basis. Toxic Air Contaminants Under State law, the California Environmental Protection Agency (CalEPA), acting through the CARB, is authorized to identify a substance as a toxic air contaminant (TAC)7 if it determines the substance is an air pollutant which may cause or contribute to an increase in mortality or an increase in serious illness, or which may pose a present or potential hazard to human health.8 The CAA contains a list of 189 hazardous air pollutants (HAPs) designated by Congress and the USEPA’s current list contains 188 compounds. As required under the CAA, the USEPA has also established National Emission Standards for Hazardous Air Pollutants (NESHAPs). California regulates TACs primarily through AB 1807 (Tanner Air Toxics Act) and AB 2588 (Air Toxics “Hot Spot” Information and Assessment Act of 1987). The Tanner Air Toxics Act sets forth a formal procedure for CARB to designate substances as TACs. To date, CARB has identified 21 TACs and has also adopted the USEPA’s list of HAPs as TACs. Once a TAC is identified, CARB adopts an “airborne toxics control measure” for sources that emit designated TACs. If there is a safe threshold for a substance at which there is no toxic effect, the control measure must reduce exposure to below that threshold. If there is no safe threshold, the measure must incorporate Best Available Control Technology for TACs (T-BACT)9 to minimize emissions. CARB has, to date, established formal control measures for eleven TACs (17 CCR 93001). All of the CARB-identified TACs have no safe thresholds. Idling Restrictions Idling exhaust emissions occur when the engine is running but the vehicle is stationary.10 As outlined in Diesel Risk Reduction Plan, the CARB indicated that idling restrictions could be used 7/ An air contaminant is “any discharge, release, or other propagation into the atmosphere and includes, but is not limited to, smoke, charred paper, dust, soot, grime, carbon fumes, odors, particulate matter, acids, or any combination thereof” (Section 39013, H&SC). Section 39655 of the H&SC defines "toxic air contaminants" (TACs) as “an air pollutant which may cause or contribute to an increase in mortality or in serious illness, or which may pose a present or potential hazard to human health. A substance that is listed as a hazardous air pollutant (HAP) pursuant to subsection (b) of Section 112 of the federal act (42 USC Sec. 7412[b]) is a toxic air contaminant.” 8/ A characteristic of TAC pollution, which distinguishes it from most criteria pollutants, is that the impact of TACs tends to be highest in close proximity to sources and drops off with distance. TACs are less pervasive in the urban atmosphere than criteria pollutants but are linked to short-term (acute) and long-term (chronic or carcinogenic) adverse human health impacts. The cancer causing potential of TACs is a particular public health concern because many scientists believe that there is no “safe” level of exposure to carcinogens. Any exposure to a carcinogen can pose some risk of causing cancer. Many components interact and cause effects greater than that of individual components involved (South Coast Air Quality Management District, Final Draft – An Air Toxic Control Plan for the Next Ten Years, March 2000, p. 6). 9/ As defined in SCAQMD Rule 1401, T-BACT “means the most stringent emissions limitation or control technique which: (A) has been achieved in practice for such permit unit category or class of source; or (B) is any other emissions limitation or control technique, including process and equipment changes of basic and control equipment, found by the Executive Director to be technologically feasible for such class or category of sources, or for a specific source.” 10/ Diesel engine manufacturers recommend five minutes of idling to allow lubricating oil and other engine parts to reach operating temperature under cold start conditions and three to five minutes of idling to cool down a turbo-charged diesel engine that has been operating at high revolutions per minute (RPM), high loads, or both. Cool downs are necessary before shutting down a turbo-charged bus or vehicle to maximize shaft and bearing life (California Air Resources Board, Staff Report: Initial Statement of Reasons for Proposed Rulemaking, Airborne Toxic Control Measure to Limit School Bus Idling and Idling at Schools, October 2002). August 2006 Draft Environmental Impact Report Page 4.7-8 Section 4.7: Air Quality South Point West City of Diamond Bar, California to "limit the amount of time heavy duty vehicle engines are allowed to operate while not performing useful work, e.g., moving the vehicle or operating essential equipment."11 One component of the risk reduction plan was implementation of “idling restrictions.”12 Based on those recommendations, CARB has recently adopted diesel-fueled vehicle idling restriction. Commercial diesel-fueled vehicles with a gross vehicular weight rating (GVWR) greater than 10,000 pounds and any bus, when not engaged in work activities, are subject to idling restrictions (13 CCR 2485). As specified therein, on or after February 1, 2005, the driver of any vehicle subject to those provisions: (1) shall not idle the vehicle's primary diesel engine for greater than 5.0 minutes at any location; and (2) shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 100 feet of a restricted area. Specific exceptions apply (13 CCR 2485[d]). A “restricted area" is defined to mean “any real property zoned for individual or multifamily housing units that has one or more of such units on it.” City of Diamond Bar General Plan The General Plan contains numerous policies that relate, either directly or indirectly, to air quality and the reduction of air emissions. Those policies include, but are not necessarily limited to, the following: ƒ Ensure that site designs facilitate rather than discourage pedestrian movement between nearby uses (Strategy 1.9.5, Public Health and Safety Element). ƒ Require grading plans to include appropriate and feasible measures to minimize fugitive dust (Strategy 1.9.6, Public Health and Safety Element). City of Diamond Bar Municipal Code Section 22.16.030 (Air Emissions) in Chapter 22.16 (General Property Development and Use Standards) in Title 22 (Development Code) of the Municipal Code: “The South Coast Air Quality Management District (SCAQMD) has established daily and quarterly significance thresholds for construction exhaust emissions, as identified in the California Environmental Quality Act (CEQA) Air Quality Handbook. All land use activities shall be conducted in a manner consistent with the provisions of the South Coast Air Quality Management Plan.” Section 22.16.030 includes specific standards regarding air emissions. As required, those land use activities that have the potential to create fugitive dust emissions shall be conducted in a manner so as to create as little dust or dirt emission beyond the boundary line of the parcel as possible. Standards applicable to those projects include, but not limited to, the following: (1) Scheduling - Grading activities shall be scheduled to ensure that repeated grading will not be required, and that implementation of the proposed land use will occur as soon as possible after grading; (2) Operations during high winds - Clearing, earth-moving, excavation operations, or grading activities shall cease in high wind conditions when dust blows and control methods are no longer effective; (3) Area of disturbance - The area disturbed by clearing, demolition, earth- moving, excavation operations, or grading shall be the minimum required to implement the allowed use; (4) Dust control - During clearing, demolition, earth-moving, excavation operations, 11/ Ibid. 12/ California Air Resources Control Board, Risk Reduction Plan to Reduce Particulate Matter Emissions from Diesel-Fueled Engines and Vehicles, October 2000, p. 27. Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-9 South Pointe West City of Diamond Bar, California or grading, dust emissions shall be controlled by regular watering, paving of construction roads or other dust-preventive measures (e.g., hydroseeding), subject to the approval of the building official and city engineer; (5) On-site roads - On-site roads shall be paved as soon as feasible, watered periodically with reclaimed water, whenever possible, or stabilized in an environmentally safe manner; (6) Revegetation - Graded areas shall be revegetated as soon as possible in compliance with the approved landscape plan and any conditions of approval; and (7) Fencing - Appropriate fences or other means may be required by the director to contain dust and dirt within the parcel. The Municipal Code further acknowledges that the SCAQMD has established daily and quarterly significance thresholds for construction exhaust emissions, as identified in the SCAQMD’s “CEQA Air Quality Handbook”13 (Handbook). All land use activities shall be conducted in a manner consistent with the provisions of the Air Quality Management Plan (AQMP). Exhaust emissions shall be calculated for each stage of grading and construction proposed. If exhaust emissions from construction activities, including fugitive dust, exceed daily or quarterly significance thresholds, the project proponent shall coordinate with the SCAQMD to determine the appropriate mitigation measures to minimize exhaust emissions, including prohibiting truck idling in excess of two minutes, and shall be subject to compliance with the SCAQMD rules and regulations pertaining to construction emissions (Section 22.16.030[c], Municipal Code). 4.7.1.2 Regional Setting National-Scale Air Toxics Assessment On February 22, 2006, the United States Environmental Protection Agency (USEPA) released the second National-Scale Air Toxics Assessment (NATA) of 1999 air toxic emissions. The NATA is a state-of-the-science screening tool that estimates cancer and other health risks from exposure to air toxics. NATA covers 177 of the Federal Clean Air Act's list of 187 air toxics, plus diesel particulate matter. For 133 of these air toxics (those with health data based on chronic exposure), the assessment includes estimates of cancer or non-cancer health effects, including non-cancer health effects for diesel particulate matter.14 The assessment estimates that, in most of the United States, people have a lifetime cancer risk from air toxics between 1 and 25 in a million. This means that out of one million people, between 1 and 25 people have increased likelihood of developing cancer as a result of breathing air toxics from outdoor sources, if they were exposed to 1999 levels over the course of their lifetime (70 years). The assessment estimates that most urban locations have an air toxics lifetime cancer risk greater than 25 in a million. The risk in transportation corridors and some other locations is greater than 50 in a million. In contrast, one out of every three Americans (330,000 in a million) will develop cancer during a lifetime, when all causes (including exposure to air toxics) are taken into account. From a national perspective, benzene is the most significant air toxic for which cancer risk could be estimated, contributing 25 percent of the average individual cancer risk identified in this assessment. Based on the USEPA’s national emissions inventory, the key sources for benzene 13/ South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993. 14/ Five important air pollutants are not included in the list of air toxics because the Federal Clean Air Act addresses them separately as "criteria pollutants:" particulate matter (PM), nitrogen oxides (NOx), sulfur oxides (SOx), ozone, and carbon monoxide. Lead is both a criteria pollutant and an air toxic. August 2006 Draft Environmental Impact Report Page 4.7-10 Section 4.7: Air Quality South Point West City of Diamond Bar, California are on-road (49 percent) and non-road mobile sources (19 percent), and open burning, prescribed fires and wildfires (14 percent). Residential heating from wood combustion accounts for approximately 6 percent of the total benzene emissions. The USEPA projects that on-road and non-road mobile source benzene emissions will decrease by about 60 percent between 1999 and 2020, as a result of motor vehicle standards, fuel controls, standards for non-road engines and equipment, and motor vehicle inspection and maintenance programs. Most of these programs reduce benzene simultaneously with other VOCs. Because data is not sufficient to develop a quantitative estimate of carcinogenic potency, the potential cancer risk from diesel exhaust emissions is not addressed in the NATA assessment in the same fashion as other pollutants. The USEPA has, however, concluded that diesel exhaust is among the substances that the national-scale assessment suggests pose the greatest relative risk. Several human epidemiology studies link increased lung cancer with diesel exhaust.15 South Coast Air Basin The Applicant has submitted and the Lead Agency has independently reviewed a project-level air quality analysis. Based on the findings of the City’s independent third-party review, the Applicant submitted additional air quality information. Those studies, entitled “Air Quality Analysis – South Pointe West Residential Project, Diamond Bar, California” (Giroux & Associates, July 21, 2006) and “Air Quality Analysis – South Pointe West Residential, Diamond Bar, California” (Giroux & Associates, November 7, 2005), in combination with the City’s independent analysis, serve, in part, as the basis for this environmental analysis. Additional information concerning the existing air quality setting and the project’s potential impacts is presented in Appendix II-F (Air Quality Analysis). The climate of the Diamond Bar area, as with all of southern California, is governed largely by the strength and location of the semi-permanent high pressure center over the Pacific Ocean and the moderating effects of the nearby vast oceanic heat reservoir. Local climatic conditions are characterized by very warm summers, mild winters, infrequent rainfall, moderate daytime on-shore breezes, and comfortable humidity. The same climatic conditions that create such a desirable living climate combine to severely restrict the ability of the local atmosphere to disperse the large volumes of air pollution generated by the population and industry attracted, in part, by the climate. Diamond Bar is situated in an area where the pollutants generated in coastal portions of the Los Angeles basin undergo photochemical reactions and then move inland across the project site during the daily sea breeze cycle. At times, the resulting smog gives eastern Los Angeles County some of the worst air quality in all of California. Despite dramatic improvement in air quality in the local area throughout the 1980’s, the project site is, nevertheless, expected to continue to experience some unhealthful air quality for at least two more decades. Temperatures in the project vicinity average about 62 degrees Fahrenheit annually with summer afternoons in the low 90s and winter mornings in the low 40s. Temperatures much above 100 or below 30 degrees occur infrequently only under unusual weather conditions and even then these limits are not far exceeded. In contrast to the slow annual variation of temperature, precipitation is highly variable seasonally. Rainfall in the far eastern portions of the County averages about 18 inches annually and falls almost exclusively from late October to early April. 15/ Environmental Protection Agency, National-Scale Air Toxics Assessment for 1999: Estimated Emissions, Concentrations and Risk, Technical Fact Sheet (http://www.epa.gov/ttn/atw/nata1999/natafinalfact.html). Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-11 South Pointe West City of Diamond Bar, California Summers are almost completely dry with frequent periods of 4-5 months of no rain at all. Because much of the rainfall comes from the fringes of mid-latitude storms, a shift in the storm track of a few hundred miles can mean the difference between a very wet year and a year with drought conditions. Winds across the project area are an important meteorological parameter because they control both the initial rate of dilution of locally generated air pollutant emissions as well as their regional trajectory. Wind that blow across the City, as determined from long-term wind data at the Ontario International Airport, show a very unidirectional daytime onshore flow from the southwest-northwest, with a very weak offshore return flow from the northeast that is strongest on winter nights when the land is cooler than the ocean. The onshore winds during the day average 6-8 mph, while the offshore flow is often calm or drifts slowly westward at 1-3 mph. During the daytime, any locally generated emissions are transported eastward toward San Bernardino and Cajon Pass. The drainage winds which move slowly across the area have some potential for localized stagnation. These winds have their origin in the San Gabriel Mountains where background pollution levels are low, such that any localized contributions do not create unhealthful impacts. The wind distribution is such that nominal project-related air quality impacts occur more on a regional scale rather than in the immediate project area. Another important wind condition occurs when a high pressure center forms over the western United States with sinking air forced seaward through local canyons and mountain passes. The air warms by compression and relative humidity levels drop dramatically. The dry, gusty winds from the north- northeast create dust nuisance potential around areas of soil disturbance and sometimes create serious visibility and safety problems for vehicles on area freeways. In conjunction with the two dominant wind regimes that affect the rate and orientation of horizontal pollutant transport, there are two similarly distinct types of temperature inversions that control the vertical depth through which pollutants are mixed. The summer onshore flow is capped by a massive dome of warm, sinking air that caps a shallow layer of cooler ocean air. These marine/subsidence inversions act like a giant lid over the air basin. They allow for local mixing of emissions but confine the entire polluted air mass within the basin until it escapes into the desert or along the thermal chimneys formed along heated mountain slopes. In winter, when the air near the ground cools while the air aloft remains warm, radiation inversions are formed that trap low-level emissions such as automobile exhaust near their source. As background levels of primary vehicular exhaust rise during the seaward return flow, the combination of rising non-local baseline levels plus emissions trapped locally by these radiation inversions creates micro-scale air pollution "hot spots" near freeways, shopping centers, and other traffic concentrations. Because the incoming air draining off the mountains during nocturnal radiation inversion conditions is relatively clean, the summer subsidence inversions are a more critical factor in determining the City’s air quality than the winter time local trapping inversions. 4.7.1.3 Local Setting Existing ambient air quality and trends in the general project area are well documented from measurements made by the SCAQMD. Air quality data is measured at monitoring stations in Pomona and Ontario, supplemented by particulate measurements made at monitoring stations in the Ontario area. Table 4.7-3 (Air Quality Monitoring Summary: 1998-2004) summarizes the monitoring history from the Pomona and Ontario monitoring stations for the last seven years of published data. August 2006 Draft Environmental Impact Report Page 4.7-12 Section 4.7: Air Quality South Point West City of Diamond Bar, California Table 4.7-3 AIR QUALITY MONITORING SUMMARY: 1998-2004 Pollutant/Standard 1998 1999 2000 2001 2002 2003 2004 Ozone1 1-Hour > 0.09 ppm 41 19 18 12 28 39 31 1-Hour > 0.12 ppm 18 2 2 1 5 13 4 8- Hour > 0.08 pm 20 8 5 3 14 24 13 Maximum 1-Hour Conc. (ppm) 0.184 0.141 0.152 0.144 0.150 0.161 0.131 Carbon Monoxide1 1-Hour > 20. ppm 0 0 0 0 0 0 0 8- Hour > 9. ppm 0 0 0 0 0 0 0 Maximum 1-Hour Conc. (ppm) 8.2 10.0 6.5 5.4 6.0 5.8 4.3 Maximum 8-Hour Conc. (ppm) 6.2 6.5 5.0 3.4 3.1 4.4 3.1 Nitrogen Dioxide1 1-Hour > 0.25 ppm 0 0 0 0 0 0 0 Maximum 1-Hour Conc. (ppm) 0.153 0.162 0.140 0.130 0.115 0.113 0.106 Inhalable Particulates (PM10) 2 24-Hour > 50 µg/m3 20/59 32/57 26/58 27/64 25/61 15/62 14/58 24-Hour > 150 µg/m3 0/59 1/57 0/58 1/64 0/61 0/62 0/58 Maximum 24-Hr. Conc. (µg/m3 ) 92 112 124 166 89 145 92 Ultra-Fine Particulates (PM2.5) 2 24-Hour > 65 µg/m3 -3 2/96 2/111 1/113 0/111 3/118 2/112 Maximum 24-Hour Conc. -3 85.8 73.4 71.2 64.8 88.9 86.1 Notes: 1. Pomona Station (924 N. Garey Av enue, Pomona), CARB Site Number 70075. 2. Ontario-Fire Station (1408 Francis Street, Ontario), CARB Site Number 36025. 3. Data not available. Source: SCAQMD and California Air Resources Board, Annual Summaries, 1998-2004; Giroux & Associates, “Air Quality Analysis – South Pointe West Residential Project, Diamond Bar, California, July 21, 2006 From this data, it can be inferred that baseline levels near the project site are occasionally very unhealthful. Air quality is, however, slowly getting better. Although attainment may still be years away, the frequency of smog alerts has dropped dramatically in the last decade. Ozone, the primary ingredient in photochemical smog, is the biggest pollution problem in the area. Since 1995, less than ten percent of all days of the year experienced a violation of the State hourly ozone standard and there have been no first-stage smog alerts since 1995. Throughout the last decade, there has been a marked trend in lower maximum concentrations and a significant reduction in the frequency of standard violations. Some of that improvement may be due, in part, to year-to-year variations in weather patterns that affect smog levels. A good portion of that trend is, however, due to reductions in emissions from stationary sources and from smog control equipment on automobiles. Whereas photochemical smog levels have improved significantly since the last decade, airborne dust (PM10) trends have remained flat throughout the same period. The frequency of violations of the California 24-hour PM10 standard dipped slightly in 2003-2004 compared to earlier years of monitoring. While many of the major ozone precursor emissions (e.g., automobile, solvents, and paints) have been substantially reduced, most major PM10 sources (e.g., construction dust, vehicular turbulence along roadway shoulders, and truck exhaust) have not been as effectively Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-13 South Pointe West City of Diamond Bar, California reduced. Prospects of ultimate attainment of ozone standards are better than for particulate matter. PM2.5 levels exceed the federal 24-hour standards on about six days per year. While the secondary pollution levels of ozone and, to a certain extent, particulates are high from transport of pollution into the area, the primary vehicular pollution levels of such species as (CO and NOX are quite low. Standards for these species are violated infrequently in the project area. The levels of CO and NOX at or below allowable standards suggest that there is adequate dispersive capacity to accommodate the additional vehicular emissions to be generated by the proposed project without any significant local air quality degradation. 4.7.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant air quality impact if the project or if project-related activities were to: ♦ Conflict with or obstruct implementation of the applicable air quality plan. ♦ Violate any air quality standard or contribute substantially to an existing or projected air quality violation. ♦ Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or State ambient air quality standards. ♦ Expose sensitive receptors to substantial air pollutant concentrations. ♦ Create objectionable odors affecting a substantial number of people.16 The State CEQA Guidelines define a significant effect on the environment as “a substantial adverse change in the physical condition which exists in the area affected by the proposed project.” In order to determine whether or not the proposed project would cause a significant effect on the environment, the impact of the project must be determined by examining the types and levels of emissions generated and its impacts on those factors that affect air quality. To accomplish this determination, SCAQMD has formulated the following recommended air pollution thresholds against which proposed projects can be evaluated, thus assisting lead agencies in determining whether or not a proposed project’s air quality impacts are significant: ♦ The following significance thresholds for air quality have been established by the SCAQMD on a daily basis for construction emissions: (1) 75 pounds per day for ROG; (2) 100 pounds per day for NOx; (3) 550 pounds per day for CO; (4) 150 pounds per day for PM10; (5) 150 pounds per day of Sox; and (6) 3 pounds per day for lead. ♦ The following significance thresholds for operational emissions have been established by the SCAQMD for project operations: (1) 55 pounds per day of ROG; (2) 55 pounds per day of NOx; (3) 550 pounds per day of CO; (4) 150 pounds per day of PM10; (5) 150 pounds per day of Sox; and (6) 3 pounds per day for lead 17 The SCAQMD recommends that the following “additional indicators” should be used as screening criteria with respect to air quality. Additional factors relevant to the proposed project, as identified in the Handbook, include the following significance criteria. In accordance therewith, the proposed project would normally be judged to produce a significant air quality effect if the project or project-related activities were to: 16/ Op. Cit., State CEQA Guidelines, Appendix G, Section III (Air Quality). 17/ Op. Cit., CEQA Air Quality Handbook, pp. 6-2 and 6-4. August 2006 Draft Environmental Impact Report Page 4.7-14 Section 4.7: Air Quality South Point West City of Diamond Bar, California ♦ Interference with the attainment of the federal or State ambient air quality standards by either violating or contributing to an existing or projected air quality violation. ♦ Result in population increases within the regional statistical area which would be in excess of that projected in the AQMP and in other than planned locations for the project’s build-out year. ♦ Generation of vehicle trips that cause a localized CO concentration that exceeds: (1) State 1-hour CO standard of 20.0 ppm; and/or (2) State 8-hour CO standard of 9.0 ppm. ♦ Create or be subjected to an objectionable odor over 10 dilution to threshold that could impact sensitive receptors. ♦ Have hazardous materials on the site that could result in an accidental release of air toxic emissions or acutely hazardous materials posing a threat to public health and safety. ♦ Emit an air toxic contaminant regulated by SCAQMD rules or that is on a federal or State air toxic list.18 ♦ Occupied by sensitive receptors within a quarter mile of an existing facility that emits air toxics identified in SCAQMD Rule 1401 19 or near CO hot spots. ♦ Project could emit carcinogenic or toxic air contaminants that individually or cumulatively exceed the maximum individual cancer risk of 10 in 1 million.20 With regards to CO concentrations, the significance of localized project-related impacts depends on whether ambient CO levels in the vicinity of the project are above or below State and federal CO standards. If ambient levels are below those standards, the proposed project would normally be considered to produce a significant air quality impact if project-related emissions were to result in an exceedance of one or more of those standards. If ambient levels already exceed a State or federal standard, then project-related emissions would normally be considered significant if they increase ambient concentrations by a measurable amount. The SCAQMD defines a measurable amount as 1.0 ppm or more for the 1-hour CO concentration or 0.45 ppm or more for the 8-hour CO concentrations. The Lead Agency has not identified other applicable or potentially applicable standards that can appropriately be extracted from other related policy or other environmental documents and used as a basis for assessing the potential significance of project-related and cumulative air quality impacts. 4.7.3 IMPACT ANALYSIS Construction Impacts Construction Impact 7-1. Construction activities will result in the generation of particulate, oxides of nitrogen, and other criteria pollutants as a result of projected ground-disturbance activities and equipment utilization. Level of Significance before Mitigation: Significant unless Mitigation Incorporated 18/ The threshold standard used herein is ten excess cancer risks per 1,000,000 exposed individuals over a continuous 70-year period. 19/ SCAQMD Rule 1401 specifies limits for maximum individual cancer risk, cancer burden, and non-cancer acute and chronic health index for new permit units, relocations, or modifications to existing permit units that emit TACs listed in the rule. Except as may be required for incident construction operations, the proposed project is neither nor contain a “permit unit” nor appears to be requires a written permit. 20/ Op. Cit., CEQA Air Quality Handbook, April 1993, pp. 6-2 and 6-3. Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-15 South Pointe West City of Diamond Bar, California Air quality impacts may occur during site preparation and subsequent construction activities. Emissions generated during construction include fugitive dust (PM10) generated as a result of soil disturbance, exhaust emissions (ROG, NOx, CO, SOx, and PM10) generated during site preparation and the construction of the structures and improvements, and hydrocarbon emissions (ROGs) associated with the application of architectural coatings. Dust is normally the primary concern during construction of new buildings and infrastructure. Emission rates vary as a function of many parameters, such as soil silt, soil moisture, wind speed, area disturbed, number of vehicles, and depth of disturbance or excavation. Regulatory agencies typically estimate fugitive dust emissions based on the anticipated area of ground disturbance. Assumptions concerning the estimated acreage of daily ground disturbance may not necessarily reflect site-specific conditions. As a result, fugitive dust emission estimates are characterized by a considerable degree of imprecision. In the absence of any dust control measures, the PM10 fraction of fugitive dust emissions is predicted to be around 55 pounds per day per acre disturbed. Mandatory measures required by the SCAQMD’s Rule 403 (Fugitive Dust) are generally assumed to reduce this rate by approximately 50 percent. With only minimum dust control, average daily PM10 emissions during site grading and other disturbance are stated in the SCAQMD Handbook to be 26.4 pounds per acre. Enhanced dust control procedures, such as continual soil wetting and the use of supplemental binders, can achieve a higher degree of PM10 control efficiency. The project site includes both the approximately 34.67 acre specific plan area and the approximately 7.45 acre stockpile site. It is possible that the entire site could be under simultaneous disturbance. The California Air Resources Board’s (CARB) URBEMIS2002 model 21 indicated that the average daily grading disturbance "footprint" will be approximately 8.2 acres. This acreage reflects an average over the grading period and assumes that the entire property will not experience construction disturbance on any single day. The grading area could be slightly larger on one day, and slightly smaller on another. It is generally impossible to measure the exact grading disturbance area on any given day. The model’s “default” average value is used in the absence of more exact data. Based on that assumption, PM10 emissions are projected to range from 216 pounds per day using “standard” dust control measures and 82 pounds per day if “best available control measures” (BACMs) were applied. Because the SCAB is non-attainment for PM10 dust emissions, SCAQMD Rule 403 requires the use of all available BACMs during grading activities. In addition, there are other fugitive dust sources that would increase the projected level of PM10 emissions. In particular, project construction will entail the movement of surplus soil materials from the tract map area to the stockpile site. The movement, dumping, and compaction of the excess material will create a secondary dust source. Movement of this material would occur by using pan scrapers traveling on a dirt road between the excavation and the fill sites. An estimated 140 average daily scraper trips would be required for the movement of 2,000 cubic yards per day. At a travel distance of 0.2 miles along an unpaved dirt road and a PM10 emission factor of 4.3 pounds per mile, approximately 123 pounds of PM10 could be generated daily unless enhanced dust control measures were implemented along the off-road haul route. Dumping and spreading will add an additional 25 pounds of PM10 in the absence of upgraded 21/ The URBEMIS2002 model is a widely used methodology for the quantification of project-related impact. For any particular emission and for any particular construction phase, the model may either under- or over-estimate the actual emissions that would be generated by a proposed development activity. Since the model is widely utilized, it provides public agencies with a replicable methodology that allows for a comparative analysis among projects. August 2006 Draft Environmental Impact Report Page 4.7-16 Section 4.7: Air Quality South Point West City of Diamond Bar, California dust mitigation. The combination of dust from grading, hauling, and dumping of fill material at the stockpile site will likely cause the 150 pound per day PM10 threshold to be exceeded. Through multiple applications of water and stabilizing chemicals to haul routes, the SCAQMD Handbook estimates that control efficiencies of 45 to 85 percent are attainable for dirt movement. Similarly, increased soil moisture in the material being spread can reduce fugitive dust emissions by up to 68 percent if the moisture content is maintained at 12 percent. With the application of feasible mitigation, PM10 emissions can be reduced to from an estimagted 364 pounds/day to about 108 pounds/day. Current research in particulate exposure health effects suggests that the most adverse effect derives from ultra-small diameter particulate matter comprised of chemically reactive pollutants such as sulfates, nitrates, or organic material. A new national clean air standard for particulate matter of 2.5 microns or smaller in diameter (PM2.5) was adopted in 1997. Very little construction activity particulate matter is in the PM2.5 range. Soil dust is also more chemically benign than typical urban atmospheric PM2.5. In addition to fine particles that remain suspended in the atmosphere semi-indefinitely, construction activities generate many larger particles with shorter atmospheric residence times. This dust is comprised mainly of large diameter inert silicates that are chemically non-reactive and are further readily filtered out by human breathing passages. These fugitive dust particles are, therefore, more of a potential soiling nuisance as they settle out on parked cars, outdoor furniture, or landscape foliage rather than any adverse health hazard. Nuisance potential will tend to be highly localized. Because of prevailing southwest to northwest winds, localized nuisance potential will be minimized by the relationship between dust generation location and the distance to the closest off-site receptor. The USEPA’s “AP-42 - Compilation of Air Pollutant Emission Factors” specifies a dust deposition distance of 100 feet as the primary zone of dust nuisance impact potential in the downwind direction from a construction activity. It is likely that only those abutting properties located within approximately 100 feet of active construction areas will be impacted by nuisance dust. Exhaust emissions will also result from on-site and off-site heavy equipment use during grading. Additional emissions will be generated during finish construction, especially during the application of paints or other coatings. For analytical purposes, an estimated equipment list was provided by the Applicant. During grading, the following equipment fleet is assumed to be utilized as a basis for estimating maximum daily equipment exhaust emissions: four scrapers, one "Dl0" dozer, one "D8LL" dozer, one rubber tire "824" dozer, two water pulls, one blade “14H,” 12 pick-up trucks, and 16 workmen. Construction emissions were estimated using the URBEMIS2002 computer model. Presented in Table 4.7-4 (Projected Construction Emissions) are the estimated daily emissions resulting from grading and finish construction activities. As indicated therein, primarily as a result of the use of diesel-powered equipment, NOX emissions are projected to exceed the SCAQMD’s threshold standards by about 79 percent. NOX is a regional (ozone) concern because NOX is an ozone precursor which has been shown to cause adverse health effects. NOX reductions through available mitigation measures, such as regular, low-NOX tune-ups and oxidation catalysts, are on the order of about ten percent. Even by keeping equipment in good tune, average daily construction exhaust NOX emissions cannot be reduced to a less-than-significant level. While equipment exhaust impacts can be minimized by controlling construction routes to Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-17 South Pointe West City of Diamond Bar, California reduce interference with non-project traffic patterns and to preclude truck queuing or idling near sensitive receptor sites, NOX emissions impacts will remain significant, albeit short-term in duration. Table 4.7-4 PROJECTED CONSTRUCTION EMISSIONS (pounds/day) Year/Activity ROG NOX CO SO2 PM10 Total PM10 Exhaust PM10 Dust 2006/Grading 25.2 178.81 199.3 0.0 116.0 8.0 108.0 2007/Finish 60.4 59.4 74.2 0.0 2.5 2.3 0.2 SCAQMD Threshold 75 100 550 150 150 - - Exceeds Threshold? No Yes No No No - - Notes: 1. Exceeds threshold standard due to diesel-powered equipment operations Source: Giroux & Associates There are no reasonably available mitigation measures than can reduce projected NOX emissions to less-than-significant levels. Substantial extension of the grading period to use less equipment per day is the only viable means of reducing equipment NOX to below the 100 pound per day significance threshold. Extension of the grading period would, however, increase the duration of the dust generation period and possible localized nuisance. Reduction of NOX impacts by approximately doubling the duration of grading activities is not considered an environmentally preferred alternative. During finish construction, the application of paintings and coatings using low-VOC paint (less than 100 grams per liter) will create ROG emissions that will not exceed the SCAQMD threshold. However, the non-attainment status of the air basin and the unknown painting schedule suggest implementation of all reasonably available mitigation. Additional mitigation may be accomplished by using pre-coated building materials and using high pressure-low volume (HPLV) paint applicators. Construction emissions were also estimated using the SCAQMD’s LST screening tables. Presented in Table 4.7-5 (Local Significance Thresholds) are the estimated daily emissions based on the application of that methodology. While the URBEMIS2002 model predicts a daily disturbance of 8.2 acres, concentrated grading operations might be limited to a smaller area of daily disturbance. The LST screening table methodology compares emissions from a 5-acre disturbance site to air pollution increments that would be a source of potential concern. As indicated, based on a screening-level air emissions for a 5-acre disturbance site, fugitive dust (PM10) emissions are projected to exceed LST threshold values. Exhaust particulates (PM10) are, however, projected to fall below the LST threshold. Fugitive dust is relatively benign in terms of toxicity and lung penetration ability. Studies by SCAQMD have recently determined that the actual disturbance area and associated fugitive dust generation is a much smaller fraction of the default assumption. Predicted PM10 increments exceeding the LST threshold for fugitive dust are, therefore, highly unreliable and should not be used as the basis for a significance determination, particularly since regional impacts were demonstrated to be less than significant with the application of all BACMs. August 2006 Draft Environmental Impact Report Page 4.7-18 Section 4.7: Air Quality South Point West City of Diamond Bar, California Table 4.7-5 LOCAL SIGNIFICANCE THRESHOLDS (pounds/day) Pollutant Maximum Project LST Threshold Exceed Threshold? NOX 178.8 438 No CO 199.3 965 No PM10 Exhaust 8.0 11 No PM10 Dust 108.0 11 Yes Source: Giroux & Associates More critically, the equipment exhaust emissions which are potentially toxic are below the LST threshold. These increments are much more related to public health than the fugitive dust. Temporary PM10 levels in excess of the LST threshold are, therefore, not considered a significant air quality impact because the health effects of temporary fugitive soil dust exposure are low. There is a day-to-day variation in ambient PM10 levels that exceeds the SCAQMD’s LST threshold. Although there is a strong correlation to observed health effects and PM10 (such as asthma), those effects are primarily related to the non-soil dust fraction of PM10. Even though the significance thresholds have not been exceeded, the use of reasonably available control measures is recommended because of the non-attainment status of the SCAB for ozone and particulates. In addition, the use of fugitive dust BACMs is required by the SCAQMD regulations regardless of emissions magnitude. A number of project conditions (Project Condition 7-1 through Project Condition 7-5) have, therefore, been formulated to reduce emissions to the maximum extent feasible. Because NOX emissions exceed SCAQMD threshold standards, a mitigation measure (Mitigation Measure 7-1) has been formulated to reduce NOX emissions to the maximum extent feasible. Notwithstanding the application of those actions, short-term NOX emissions associated with the project’s construction activities will continue to exceed the significance threshold suggested by the SCAQMD. Construction Impact 7-2. Construction activities will involve the use of diesel-powered off-road equipment and on-road vehicles that, in limited areas and for limited duration, will operate in proximity to existing sensitive areas. Since diesel particulate emissions have been categorized by the California Air Resources Board as a toxic air contaminant, exposure could result in possible health risks to near-site receptors. Level of Significance before Mitigation: Less than Significant Diesel-fueled vehicles emit diesel PM (soot), a complex mixture of gaseous vapors, fine particles, and numerous associated TACs. Near-source exposures to diesel exhausts occur near busy roads and intersections where diesel vehicles are operating. Higher than average concentrations of diesel exhaust occur near oil and gas production areas, railroad yards, shipping docks, and other stationary point and area sources where diesel engine use is common.22 Hot-spot concentrations have been identified along certain roadways and can occur in the immediate vicinity of use of non-road equipment, such as near urban construction sites.23 22/ California Air Resources Control Board, Office of Environmental Health Hazard Assessment, Executive Summary – For the “Proposed Identification of Diesel Exhaust as a Toxic Air Contaminant,” Scientific Review Panel, April 22, 1998 (http://www.arb.ca.gov/toxics/summary/dieselex/dieselex.htm). 23/ 68 FR 28343. Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-19 South Pointe West City of Diamond Bar, California Exposure of off-site receptors to project-related, construction-term, diesel exhausts will depend on a number of factors including, but not necessarily limited to, the various activities of near-site receptors, the time spent in performing those activities, the locations where those activities occur, the climatic conditions evident during any particular time, the number and age of the diesel-powered equipment being utilized, the distance between source and receptor, and the levels of diesel exhausts generated by the proposed project. Sensitive receptors located near active construction will likely experience the greatest potential impact. No specific methodology exists to convert the toxic fraction of diesel equipment exhaust into a corresponding health risk. Site preparation will generate a maximum of 12.6 pounds per day of combustion PM10 per day for the proposed project for grading activities. The cancer risk factor for diesel exhaust is expressed in terms of outdoor exposure for 24 hours per day, 365 days per year, for the next 70 years. These are not conditions that occur around a grading project because the construction activity will not last 70 years nor will anybody sit on their front porch for the next 70 years without leaving. The equipment exhaust will be released for a limited time during daytime hours of moderate winds and turbulence by mobile sources that will not expose any individual receptor for any extended period. Receptors will not be outside their residences for the duration of the grading activity. Diesel exposure health risk impacts from grading equipment diesel exhaust particulates will, therefore, be minimal. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Operational Impacts Operational Impact 7-3. During the project’s operational life, a number of criteria pollutants will be generated as a result of vehicle trips associated with the proposed land uses (mobile sources), the consumption of natural gas associated with space heating, and the off-site generation of electricity (stationary sources). Level of Significance before Mitigation: Less than Significant By far, the greatest project-related air quality concern centers on the projected 1,041 new vehicle trips identified in Table 4.6-6 (Project Traffic Forecast) that will be generated at the project’s completion. Assuming an average trip length of approximately 7.5 miles, additional daily vehicle travel attributable to the project’s implementation will be about 7,800 vehicle miles traveled (VMT). Secondary impact potential will derive from energy consumption in power plants or from on-site heaters, stoves, and water heaters. General development also creates miscellaneous emissions from a variety of sources such as cleaning products, landscaping equipment, or fireplaces, and also contributes to off-site emissions at restaurants, gas stations, dry cleaners, or sand and gravel plants. Except for more readily quantifiable energy consumption (stationary sources), many of the small miscellaneous sources are typically not quantified on a single project basis. These small sources should not, however, be considered non-negligible when summed over the entire southern California area. As such, overall anticipated regional growth remains a substantial impediment to the attainment of regional clean air standards. August 2006 Draft Environmental Impact Report Page 4.7-20 Section 4.7: Air Quality South Point West City of Diamond Bar, California The CARB land use and air pollution emissions URBEMIS2002 computer model was run for opening year conditions. The project-related mobile source emissions burden is shown in Table 4.7-6 (Projected Operational Emissions). As indicated therein, projected operational emission fall below the SCAQMD’s recommended threshold values. Table 4.7-6 PROJECTED OPERATIONAL EMISSIONS (pounds/day) Daily Emissions Year 2008 ROG NOX CO SOX PM10 Area Source Emissions 9.0 1.3 5.0 0.0 0.0 Vehicular Emissions 9.2 10.1 109.8 0.1 10.6 Total 18.2 11.4 114.8 0.1 10.6 SCAQMD Threshold 55 55 550 150 150 Exceeds Threshold? No No No No No Source: Giroux & Associates Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Operational Impact 7-4. Increased traffic along project area roadways has the potential to result in the creation of carbon monoxide (CO) “hot spots.” Level of Significance before Mitigation: Less than Significant While regional mobile source emissions do not have a direct impact on local area air quality, the incremental addition of growth-related traffic over a wide area may change micro-scale air quality distributions. To determine whether future traffic changes will create an adverse air quality impact, a micro-scale air quality analysis was performed for the traffic analysis grid around the project area. A Caltrans’ screening procedure, based on the California line source roadway dispersion model (CALINE4), was run for five traffic scenarios to evaluate any changes due to changes in patterns of anticipated growth. The model procedure that was followed combined the results of the traffic analysis with very restrictive dispersion conditions in order to generate a worst-case impact assessment. Light winds almost parallel to each roadway analyzed were used to estimate pollutant exposure adjacent to the worst-case arterial intersection analyzed in the project’s traffic study. Carbon monoxide (CO) was used as an indicator of any "hot spot" potential because CO, unlike regional pollutants such as ozone, is directly related to source activity immediately adjacent to the receptor. The results of the micro-scale impact analysis are summarized in Table 4.7-7 (Micro-Scale Air Quality Analysis). Maximum hourly CO levels near Diamond Bar are currently around 4.3 parts per million (ppm). It would take an additional local contribution of +15.7 ppm to equal the CO standard of 20 ppm. Maximum existing local CO levels are 2.6 ppm. The maximum project- related CO exposure is +0.1 ppm. Maximum local CO exposures for all future scenarios are 2.7 ppm, or less. Combined local and background hourly CO levels will be 7.0 ppm or less compared to the most stringent standard of 20 ppm. As a result, no existing or future CO "hot spots" are forecast to occur at any intersections near the project area from combined background (no project) plus project traffic. Micro-scale air quality impacts will, therefore, be both individually and cumulatively less than significant. Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-21 South Pointe West City of Diamond Bar, California Table 4.7-7 MICRO-SCALE AIR QUALITY ANALYSIS (Hourly CO Levels [ppm] above Background) AM Peak Hour Intersection Existing 2010 No Project 2010 With Project 2020 No Project 2020 With Project AM Peak Hour Lemon Avenue Valley Boulevard 1.8 1.5 1.5 0.8 0.8 Brea Canyon Road Washington Street - 1.6 1.6 1.2 1.2 SR-60 Westbound Ramps 1.9 2.3 2.3 1.2 1.2 Golden Springs Drive 2.2 2.5 2.5 1.3 1.3 SR-60 Eastbound Ramps Golden Springs Drive 1.9 2.2 2.2 1.1 1.1 PM Peak Hour Fairway-Brea Canyon Cut-Off Colima Road 2.3 2.0 2.0 1.0 1.0 Lemon Avenue Valley Boulevard 2.1 1.8 1.8 1.0 1.0 Brea Canyon Road SR-60 Westbound Ramps 2.0 2.6 2.6 1.3 1.3 Golden Springs Drive 2.6 2.6 2.7 1.2 1.2 SR-60 Eastbound Ramps Golden Springs Drive - 1.9 1.9 1.1 1.1 Source: Giroux & Associates Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Cumulative Impacts Cumulative Impact 7-5. Related project activities, in combination with the construction and operation of the proposed project, will incrementally contribute to regional air emissions within and throughout the South Coast Air Basin. Level of Significance before Mitigation: Significant As indicated in Table 4.7-2 (South Coast Air Basin Attainment Status), the SCAB is classified by the USEPA as an extreme non-attainment area for ozone (1-hour) and a non-attainment area for ozone (8-hour), a serious non-attainment area for CO, and a non-attainment area for NOX, PM10, and PM2.5. The SCAB is classified by the State as non-attainment for ozone (1-hour), PM2.5, and non-attainment-transitional for PM10. Construction and operation of those related projects listed in Table 3-2 (Related Projects Summary) have the potential to further degrade local and regional air quality. Air quality will be temporarily degraded during construction activities that occur separately or simultaneously. The August 2006 Draft Environmental Impact Report Page 4.7-22 Section 4.7: Air Quality South Point West City of Diamond Bar, California greatest cumulative impact on air quality will, however, be the result of the incremental addition of mobile source pollutants from increased traffic from related residential, commercial, and industrial development and from other ambient growth. The SCAQMD indicates that one possible approach for determining cumulative impacts is whether: (1) the project shows a one percent annual reduction in project emissions (ROG, NOx, CO, SOx, PM10); (2) has a 1.5 average vehicle ridership; or (3) reduces the rate of growth in vehicle miles traveled (VMT) and trips. Mandated vehicle emissions reductions (i.e., newer cars are cleaner and old cars are removed) will, independent of the proposed project, produce the identified emission reduction. Any such mandated reduction would not be project specific and, therefore, could not be accredited to either the proposed project or to those related projects identified herein. Feasible trip reduction strategies cannot be effectively incorporated into smaller development projects. As such, implementation of the proposed project and other related projects is not likely to achieve either a 1.5 average vehicle ridership or a reduction in the rate of growth in vehicle miles traveled (VMT) and vehicle trips. No mitigation measures, formulated specifically to address the project’s potential incremental contribution to cumulative air quality impacts, are deemed to be reasonably feasible. As a result, cumulative air quality impacts are projected to remain significant. 4.7.4 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions ƒ Project Condition 7-1. Prior to the issuance of any grading permits, the Applicant shall prepare a fugitive dust (PM10) mitigation plan. The plan shall identify methods to control fugitive dust through the implementation of reasonable available control measures in sufficient frequencies and quantities to minimize the transport of visible emissions beyond the project boundaries. Provisions of the plan shall include, but may not be limited to, the stipulation that: (1) all exposed surfaces and unpaved road shall be watered at least three times daily; (2) non-toxic soil stabilizers shall be applied to all inactive areas; (3) ground cover shall be replaced in disturbed areas as quickly as practical; and (4) non-toxic soil stabilizers shall be applied to all soil stockpiles. In addition, the plan shall include two or more of the following best available control measures: (1) water all active construction areas at least four times daily; (2) cover all haul trucks or maintain at least 2 feet of freeboard; (3) pave or apply water four times daily to all unpaved parking or staging areas; (4) apply dust stabilizing chemicals and water internal haul roads four times daily; (5) sweep or wash any site access points within 30 minutes of any visible dirt deposition on any public roadway; (6) cover or water twice daily any on-site stockpiles of debris, dirt, or other dusty material; (7) suspend all operations on any unpaved surface if winds exceed 25 mph; (8) hydroseed or otherwise stabilize any cleared area which is to remain inactive for more than 96 hours after clearing is completed; (9) coordinate the schedule of fill placement with the school district to minimize dust nuisance as much as possible; and (10) do not perform grading, or excavation, or other soil disturbance activities within 100 feet of a home or school building when winds blow from the activity toward the receiver. ƒ Project Condition 7-2. In order to reduce emissions associated with the application of architectural coatings, the Applicant shall: (1) use pre-coated building materials where Draft Environmental Impact Report August 2006 Section 4.7: Air Quality Page 4.7-23 South Pointe West City of Diamond Bar, California possible; (2) use high pressure-low volume (HPLV) paint applicators with 50 percent efficiency; (3) use lower volatility paint with 100 grams of ROG per liter or less; (4) spread out the application over a longer period of time; and (4) use no more than 100 gallons of paint per day. ƒ Project Condition 7-3. 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. ƒ Project Condition 7-4. With regards to building design, operational emissions shall be further reduced through the: (1) use light-colored roofing materials in construction to deflect heat away from buildings thus reducing energy consumption; (2) use dual-paned windows to reduce thermal loss in buildings; and (3) installation of automatic lighting on/off controls and energy-efficient lighting. ƒ Project Condition 7-5. In order to further reduction construction-term air quality impacts, the Applicant shall: (1) encourage car pooling for construction workers; (2) limit lane closures to off-peak travel periods; (3) park construction vehicles off traveled roadways; (4) wet down or cover dirt hauled off the site; (5) wash or sweep access points daily; and (6) encourage receipt of materials during non-peak traffic hours. Mitigation Measures ƒ Mitigation Measure 7-1. In order to reduce emissions attributable to both heavy equipment and vehicle travel, the following actions will be implemented by the Applicant to reduce these emissions: (1) use electric-powered or natural gas-powered equipment in lieu of gasoline-powered or diesel-powered engines where possible; where diesel equipment has to be used because there are no practical alternatives, the Applicant shall use particulate filters and low sulfur diesel, as defined in SCAQMD Rule 431.2 (i.e., diesel with less than 15 ppm sulfur content); (2) require 90-day low-NOX tune-ups for off- road equipment; and (3) limit allowable idling to 5 minutes for trucks and heavy equipment before shutting the equipment down and require the use of soot traps on all on-site heavy diesel powered equipment. 4.7.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS Notwithstanding the application of the proposed project-specific mitigation measure, project- related and cumulative air quality impacts will remain significant. Following the implementation of the mitigation measure recommended herein, the following air quality impacts will remain significant: (1) short-term NOX emissions; and (2) cumulative air quality impacts. August 2006 Draft Environmental Impact Report Page 4.7-24 Section 4.7: Air Quality South Point West City of Diamond Bar, California 4.8 NOISE 4.8.1 ENVIRONMENTAL SETTING 4.8.1.1 Regulatory Setting California Noise Standards Most jurisdictions in California utilize the weighted 24-hour Community Noise Equivalent Level (CNEL) noise exposure criterion not only as a planning tool but require actual verification of the ability to meet these standards as part of building plan approval process. These criteria are based on compatibility standards established by California Department of Health Services (DHS) Office of Noise Control and the United States Department of Housing and Urban Development (HUD). CNEL-based noise standards generally apply to those sources preempted from local control, such as on-road vehicles, airplanes, and trains.1 Since municipalities cannot regulate the noise level generated by such sources, except through the enforcement of the California Vehicle Code (CVC),2 local agencies typically regulate those land use that the preempted noise sources may impact. Conversely, non-preempted sources may be controlled by local ordinance. The municipal noise ordinance in many jurisdictions contains numerical performance standards on noise propagation from one property onto another. Specific prohibitions on allowable hours of activities, audibility of amplified music or speech, or similar nuisances may be enumerated. As represented in Figure 4.8-1 (California Department of Health Services Noise/Land Use Compatibility Standards), the DHS has established land use compatibility criteria that constitute guidelines for assessing the compatibility of different types of land uses based upon the existing community noise level.3 These guidelines include specific exterior noise exposure standards for residential, commercial, industrial, office, professional, and public recreation land uses.4 City of Diamond Bar General Plan The General Plan contains numerous policies that may, either directly or indirectly, be applicable to the assessment of noise. Those policies include, but are not necessarily limited to, the following: 1/ The Federal Noise Control Act of 1972 require the federal government (acting through the USEPA and Federal Aviation Administration) to set and enforce uniform noise control standards for, among other things, aircraft and airports, interstate motor carriers and railroads, workplace activities, medium and heavy-duty trucks, motorcycles and mopeds, portable air compressors, and federally assisted housing projects. 2/ Noise limits for motor vehicles registered in California, by vehicle type, are defined in Sections 27204- 27206 of the California Vehicle Code. 3/ Governor’s Office of Planning and Research, General Plan Guidelines, Appendix C (Guidelines for the Preparation and Content of the Noise Element of the General Plan, October 2003, Figure 2, p. 250. 4/ The designation of a land use as “normally acceptable” implies that the highest noise level in that band is the maximum desirable for existing or conventional construction which does not incorporate any special acoustical treatment. In general, evaluation of land uses that fall into the “normally acceptable” or “normally unacceptable” noise environments should include consideration of the type of noise sources, the sensitivity of the noise receptor, the noise reduction likely to be provided by structures, and the degree to which the noise source may interfere with speech, sleep, or other activities characteristic of land use. Draft Environmental Impact Report August 2006 Section 4.8: Noise Page 4.8-1 South Pointe West City of Diamond Bar, California Figure 4.8-1 CALIFORNIA DEPARTMENT OF HEALTH SERVICES NOISE/LAND USE COMPATIBILITY STANDARDS Source: California Department of Health Services ƒ Prohibit the development of adjacent land uses with significantly different intensities or that have operational characteristics which could create nuisances along a common boundary, unless an effective buffer can be created (Strategy 2.2.2, Land Use Element). ƒ Consider noise issues in land use planning and development permit processing to require that noise generated by one use or facility does not adversely affect adjacent uses or facilities (Objective 1.10, Public Health and Safety Element). ƒ Within identified 65 dB CNEL noise contours, require that site-specific noise studies be prepared to verify site-specific noise conditions and to ensure that noise considerations are included in project review (Strategy 1.10.1, Public Health and Safety Element). ƒ Within identified 65 dB CNEL noise corridors, ensure that necessary reduction measures are applied to meet adopted interior and exterior noise standards (Strategy 1.10.2, Public Health and Safety Element). August 2006 Draft Environmental Impact Report Page 4.8-2 Section 4.8: Noise South Point West City of Diamond Bar, California ƒ Through the CEQA process, analyze new projects which might have a significant impact on noise sensitive land uses (projects are defined as actions having the potential to unreasonably increase projected CNEL noise levels). Require demonstrated empirical mitigation measures to ensure that adopted noise standards within sensitive land use areas are not exceeded as the result of the proposed project. Mitigation measures shall be verified by field measurements after construction. Prior to occupancy, if the required level of mitigation is not achieved, further corrective action will be required (Strategy 1.10.5, Public Health and Safety Element). ƒ Apply mitigation measures as needed to noise generators and receptors to ensure that adopted noise standards are met and to protect land uses from excessive noise impacts (Strategy 1.10.9, Public Health and Safety Element). City of Diamond Bar Municipal Code As indicated in Section 22.28.070 (Noise Zones Designated) in Chapter 22.28 (Noise Control) in the Municipal Code, all “noise sensitive areas” are designated to be within “Noise Zone I” and all “residential properties” are designated to be within “Noise Zone II.” Unless otherwise specified, the exterior noise standards presented in Table 4.8-1 (Exterior Noise Standards) apply to all receptor properties within those designated noise zone. Table 4.8-1 EXTERIOR NOISE STANDARDS1 Noise Zone Designated Noise Zone Land Use (Receptor Property) Time Interval Exterior Noise Level (dB) I Noise-Sensitive Area Anytime 45 II Residential Properties 10:00PM to 7:00AM (Nighttime) 7:00AM to 10:00PM (Daytime) 45 50 Notes: 1. Section 22.28.080 (Exterior Noise Standards), Municipal Code Source: City of Diamond Bar As specified in Section 22.28.080(b), no person shall operate or cause to be operated a source of sound location within the City or allow the creation of a noise on property owned, leased, occupied, or otherwise controlled by a person that causes the noise level, when measured on any other property to exceed the following exterior noise standards: (1) Standard No. 1 (exterior noise level that may not be exceeded for a cumulative period of more than 30 minutes in any hour) shall be the applicable noise level in Section 22.28.080(a) or, if the ambient L50 exceeds the foregoing level, then the ambient L50 becomes the exterior noise level for Standard No. 1; (2) Standard No. 2 (exterior noise level that may not be exceeded for a cumulative period of more than 15 minutes in any hour) sall be the applicable noise level in Section 22.28.080(a) plus 5 dB or, if the ambient L25 exceeds the foregoing level, then the ambient L25 becomes the exterior noise level for Standard No.2; (3) Standard No. 3 (exterior noise level that may not be exceeded for a cumulative period of more than five minutes in any hour) shall be the applicable noise level in Section 22.28.080(a) plus ten dB or, if the ambient L8.3 exceeds the foregoing level, then the ambient L8.3 becomes exterior noise level for Standard No. 3; (4) Standard No. 4 (exterior noise level that may not be exceeded for a cumulative period of more than one minute in any hour) shall be the applicable noise level in Section 22.28.080(a) plus 15 dB or, if the ambient L1.7 exceeds the foregoing level, then the ambient L1.7 becomes the exterior noise level for Standard No. 4; (5) Standard No. 5 (exterior noise level that may not be exceeded for any period of time) shall be the applicable noise level in Section 22.28.080(a) plus 20 dB or, if the Draft Environmental Impact Report August 2006 Section 4.8: Noise Page 4.8-3 South Pointe West City of Diamond Bar, California ambient L0 exceeds the foregoing level then the ambient L0 becomes the exterior noise level for Standard No. 5. As indicated in Section 22.28.090(b) of the Municipal Code, the allowable interior noise levels for designated residential land uses in all noise zones is 40 dB. As specified in Section 22.28.090(a), no person shall operate or cause to be operated within a residential unit any source of sound or allow the creation of any noise that causes the noise level when measured inside a neighboring receiving residential unit to exceed the following standards: (1) the applicable interior noise level from Section 22.28.090(b) for a cumulative period of more than five minutes in any hour; (2) the applicable interior noise level from Section 22.28.090(b) plus five dB for a cumulative period of more than one minute in any hour; or (3) the applicable interior noise level from Section 22.28.090(b) plus ten dB or the maximum measured ambient noise level for any period of time. Whenever a residential project is to be developed on a site where the existing exterior ambient noise level exceeds 65 dBA, a detailed analysis of noise reduction requirements shall be made and the developer shall incorporate noise mitigation features into the design of the structure(s) that will ensure interior noise levels at or below 40 dBA. With regards to construction noise, Section 22.28.120 of the Municipal Code stipulates that it shall be a violation of Chapter 22.28 (Noise Control) to operate or cause the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work between weekday hours of 7:00PM and 7:00AM or at any time on Sundays or holidays so that the sound creates a noise disturbance across a residential or commercial property line, except for emergency work of public service utilities is prohibited. Construction activities shall be conducted in a manner that the maximum noise levels at the affected structures will not exceed those listed in Table 4.8-2 (Construction Noise Levels). The City has not adopted any additional noise performance standards for construction. Table 4.8-2 CONSTRUCTION NOISE LEVELS1 Time Interval Single-Family Residential Multi-Family Residential Semi- Residential/Commercial Mobile Equipment Daily, Except Sundays and Legal Holidays (7:00 AM to 8:00 PM) 75 dBA 80 dBA 85 dBA Daily, 8:00 PM to 7:00 AM, and Day Sunday and Legal Holidays 60 dBA 65 dBA 70 dBA Stationary Equipment2 Daily, Except Sundays and Legal Holidays (7:00 AM to 8:00 PM) 60 dBA 65 dBA 70 dBA Daily, 8:00 PM to 7:00 AM, and Day Sunday and Legal Holidays 50 dBA 55 dBA 60 dBA Notes: 1. Section 22.28.120 (Acts Deemed Violation of Chapter), Municipal Code. 2. Maximum noise level for repetitively scheduled and relatively long-term operation (period of 10 days or more). Source: City of Diamond Bar 4.8.1.2 Regional Setting The project site is located in the western portion of the City, adjacent to the City’s corporate boundaries. Since the tract map area is presently vacant and undeveloped, no substantial August 2006 Draft Environmental Impact Report Page 4.8-4 Section 4.8: Noise South Point West City of Diamond Bar, California noise is generated from existing on-site activities. Noise generators located in the general project area include traffic along local roadways, noise typically associated with proximal residential uses, and school noise originating from the South Pointe Middle School. The SR-57 (Orange) Freeway is located less than 0.5 mile east of the project site. The freeway, however, is separated from the project site by intervening hillside areas that effectively limits project area exposure to substantial freeway noise. 4.8.1.3 Local Setting The Applicant has submitted and the Lead Agency has independently reviewed a project-level acoustical analysis. Based on the findings of the City’s independent third-party review, the Applicant submitted additional acoustical information. Those studies, entitled “Supplemental Noise Impact Analysis – South Pointe West Residential, Diamond Bar, California” (Giroux & Associates, July 24, 2006) and “Noise Impact Analysis – South Pointe West Residential, Diamond Bar, California” (Giroux & Associates, November 7, 2005), in combination with the City’s independent analysis, serve, in part, as the basis for this environmental analysis. Additional information concerning the existing noise environment and the project’s potential impacts is presented in Appendix II-G (Acoustical Analysis). 4.8.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant noise impact if the project or if project-related activities were to: ♦ Expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies. ♦ Expose persons to or generate excessive ground-borne vibration or ground-borne noise levels. ♦ Produce a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project. ♦ Produce a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project.1 Although the term “substantial increase” is not explicitly defined, a reasonable threshold can be formulated based on that increase required to be audible by most individuals. The human ear can detect changes in sound levels of about three dBA under normal conditions. Changes of between one and three dBA may be notable under quiet conditions, while changes of less than one dBA are only discernable under controlled, extremely quiet conditions. Based on that level of audibility, a significant noise impact would occur when the project or if project-related activities were to: (1) result in an increase of 3 dB CNEL or more over ambient conditions; and (2) result in an exceedance of adopted City standards. Both conditions would need to exist in order for the noise impact to be deemed significant. The Lead Agency has not identified other applicable or potentially applicable standards that can appropriately be extracted from other related policy or other environmental documents and used as the basis for assessing the potential significance of project-related and cumulative acoustical impacts. 1/ Op. Cit., State CEQA Guidelines, Appendix G, Section XI (Noise). Draft Environmental Impact Report August 2006 Section 4.8: Noise Page 4.8-5 South Pointe West City of Diamond Bar, California 4.8.3 IMPACT ANALYSIS Construction Impacts Construction Impact 8-1. Project-related construction activities, including the use of heavy equipment, will occur in close proximity to existing residential units and will result in short-term noise increases perceptible to off-site sensitive receptors. Level of Significance before Mitigation: Less than Significant In the City, construction noise is regulated by the Municipal Code. The provisions of the Municipal Code serve to minimize noise nuisance potential from construction activities upon noise-sensitive receivers. Since construction activities cannot realistically occur without noise generation, the Municipal Code establishes time limits that constrain heavy equipment operations to hours of lesser sensitivity. Even with full compliance with those provisions, construction-related noise nuisance may be created at proximal noise-sensitive land uses. The short-term peak noise level during earthmoving from heavy equipment, such as a dozer or scraper, is generally measured at 90 dB at 50 feet from the source. Because of equipment mobility and variable duty cycle, the longer-term noise level from such activities is approximately 80 dB at 50 feet. The ability to carry on a normal conversation without raising one’s voice is around 65 dB. A level of 65 dB is desirable for quiet enjoyment of outdoor uses. Daytime interior activities, such as watching television or in a busy classroom, have noise levels around 55 dB. Structural noise level reduction depends upon whether windows are open or closed. With closed dual-paned or thicker single-paned windows, a noise level reduction of 25 dB is normally observed. With open windows, the reduction may be only 10-15 dB. With open windows, exterior noise levels of 70 dB may seem intrusive. With windows closed, exterior levels up to 80 dB can be accommodated for limited periods before they intrude into residential or school activities. Noise impact potential from construction activities, therefore, depends upon multiple factors, such as whether the receiving use is outdoors or inside, whether the windows are open or whether the windows are closed, the type and thickness of the window panes, and the distance between the noise source and the receptor. Noise attenuation also depends upon the character of the intervening surface between the source and receiver. If the underlying surface is acoustically “hard” (without landscaping or across elevated terrain), the noise attenuation with distance for a point source is about 6 dB per doubling of distance. The attenuation for a line source is about 3 dB per distance doubling with a paved underlying surface. For “soft” underlying surfaces, line sources are attenuated by about 4.5 dB per doubling of distance. Similarly, point sources propagating across irregular ground with landscaping decay at a rate of about 7.5 dB per distance doubling because the reflected ground wave is attenuated by the ground surface. If there is an obstruction of the direct line of sight for noise propagation, the attenuation rate further increases. These principles have been applied to project site grading activities. For an 80 dB reference noise level at 50 feet, Table 4.8-3 (Noise Attenuation with Distance) identifies the approximate distances representing possible noise nuisance impact zones even when construction activities occur during those hours allowed under the Municipal Code. As indicated, at a distance of about 280 feet, construction noise from mobile sources is calculated to be below 65 dB. Noise levels in excess of those presented would be expected to occur for limited time periods when grading activities and other construction operations are being performed near the site’s August 2006 Draft Environmental Impact Report Page 4.8-6 Section 4.8: Noise South Point West City of Diamond Bar, California boundaries. During other phases of construction, construction activities will generate lower noise levels and occur at locations further removed from adjacent sensitive areas. Table 4.8-3 NOISE ATTENUATION WITH DISTANCE (feet) Receptor Zone Hard Site Soft Site Outdoor yard or recreation area 65 dB 280 200 Indoor activity with open windows 70 dB 160 125 Indoor activity with closed windows 80 dB 50 50 Source: Giroux & Associates Grading activity noise will, however, be temporarily intrusive at several receivers, particularly for outdoor use at selected residences. The South Pointe Middle School has closed windows and construction equipment will operate sufficiently far any classrooms as to not impede the learning environment. Soil transport to the fill site will be along a transport route as far from the school buildings as possible. The bulk of outdoor school recreation is located either behind the school building complex and well removed from project construction activities or adjacent to the school buildings in an area where direct line of site will be limited by the elevation differential between the playground and the tract map area. Grading in close proximity to some homes will temporarily make use of patios or pools less than desirable. It will also require window closure to shut out noise from heavy equipment. If grading could be conducted during the cooler months and earlier in the day before residents are likely to use outdoor recreational amenities, the nuisance potential would be reduced. Even without such restrictions, because of its limited duration, limited number of abutting properties, and applicability to all projects, construction equipment noise impacts are considered less than significant. In addition, many residents would be anticipated to be away from home during the work week when most grading activities would occur. Although not specifically required based on the absence of an identified significant effect, a number of project conditions (Project Condition 8-1 and Project Condition 8-2) have been formulated to ensure that construction noise impacts are reduced to the maximum extent feasible. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Operational Impacts Operational Impact 8-2. Project implementation will result in the generation of an additional 1,041 vehicular trips per day, including 81 trips during the AM peak hour and 108 trips during the PM peak hour. Project-related traffic will be added to local roadways and could expose off- site sensitive receptors located along affected travel ways to perceptible increases in traffic noise. Level of Significance before Mitigation: Less than Significant Noise impacts to adjacent residential streets were not considered because the traffic volumes needed to cause the City’s residential traffic noise standard of 65 dB CNEL to substantially intrude into adjacent residential properties is almost 10,000 ADT when traveling at 35 mph. None of the residential site access streets carry such traffic volumes and nearby homes Draft Environmental Impact Report August 2006 Section 4.8: Noise Page 4.8-7 South Pointe West City of Diamond Bar, California predominately have their usable outdoor areas located at the rear of those properties and, therefore, partially shielded from the adjoining roadway by the residence itself. The project’s traffic study included project traffic distributions on various site access routes. The 24-hour weighted CNEL (dB) at 50 feet from the roadway centerline both with and without the project is presented in Table 4.8-4 (Traffic Noise). Table 4.8-4 TRAFFIC NOISE (dB CNEL at 50 feet to centerline) Roadway Segment No Project With Project Increase Lemon Avenue – North of Willow Bud Drive 58.0 59.4 1.4 Lemon Avenue – North of Black Hawk Drive 52.7 55.1 2.4 Willow Bud Drive – North of Black Hawk Drive 50.6 53.3 2.7 Black Hawk Drive – South of Lemon Avenue 50.2 55.4 5.21 Larkstone Drive – East of Black Hawk Drive 46.5 54.5 8.01 Shepherd Hills Road – West of Morning Sun Avenue 49.4 52.8 3.41 Chapel Hill Drive – East of Walnut Leaf Drive 44.5 51.1 6.61 Walnut Leaf Drive – South of Colima Road 54.8 55.1 0.3 Lake Canyon Drive – South of Colima Road 58.0 58.4 0.4 Notes: 1. An increase of 3 dB CNEL or more would be perceptible. Source: Giroux & Associates The proposed project will cause traffic noise to perceptibly increase by more than the three dB threshold along four roadway segments, including: (1) Black Hawk Drive south of Lemon Avenue; (2) Larkstone Drive east of Black Hawk Drive; (3) Shepherd Hills Road west of Morning Sun Avenue; and (4) Chapel Hills Drive east of Walnut Leaf Drive. Even with the addition of project-related traffic, however, the maximum with project traffic noise level along residential collector streets will be 59.4 dB CNEL at 50 feet from the roadway centerline. The theoretical distance of the 65 dB CNEL contour from that roadway centerline is about 14 feet. All other roadways have their 65 dB CNEL contour distances at less than 14 feet from the centerline. A distance of 14 feet or less is within the roadway right-of-way along all site access streets. Although existing residents located along those street segments will experience a perceptual increase in traffic noise, front yard and front building façade noise exposures will remain below the City’s General Plan noise threshold of 65 dB CNEL and would, therefore, constitute a less- than-significant impact. In areas where municipal noise standards are exceeded, sound walls can be considered. Sound walls would not, however, be applicable in the general project area because noise levels along the area’s collector roads remain below General Plan levels, residential properties generally front along those streets, and the construction of sound walls would affect the visual character of those residential neighborhoods. Openings, as required to accommodate driveway and garage access, would negate the effectiveness of those walls. Project-related traffic noise impacts along affected residential streets could potentially be reduced if: (1) the project’s main entry point was relocated to allow project-related traffic to directly access Diamond Crest Lane; or (2) Larkstone Drive and Diamond Crest Lane would to August 2006 Draft Environmental Impact Report Page 4.8-8 Section 4.8: Noise South Point West City of Diamond Bar, California be interconnected so as to serve as a through street. With regards to the former approach, reconfiguration of the proposed roadway system would likely preclude development of the neighborhood park and would involve additional WVUSD-owned property beyond that now declared as surplus. With regards to the latter approach, because that route would provide more direct access to the arterial street system and because the project’s main entry is located along Larkstone Drive, a percentage of project-related trips might elect to use the resulting roadway link to Brea Canyon Road. Presently, the two cul-de-sacs directly abut but access is restricted by means of the use of WVUSD maintained gates. Removing access restrictions between Larkstone Drive and Diamond Crest Lane would change traffic patterns north and west of the tract map area and would likely produce even greater traffic volumes along Larkstone Drive, Black Hawk Drive, Lemon Avenue, and Willow Bud Drive. The resulting traffic noise impacts might, therefore, be greater than those associated with the proposed project. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Cumulative Impacts Cumulative Impact 8-3. Short-term construction and long-term operational noise associated with the proposed project, in combination with other related projects, will contribute to both a localized and an areawide increase in ambient noise levels in proximity to those projects and along those roadways utilized by project-related and related project traffic. Level of Significance before Mitigation: Less than Significant As indicated in Table 3-3 (Related Projects Summary) and illustrated in Figure 3-1 (Related Projects Location Map), a number of other, independent development activities are anticipated within the general project area that, in combination with the proposed project, could contribute to ambient noise levels in the general vicinity of the proposed project. Development projects located in the general project area will generate short-term noise impacts during their respective construction stages. Those impacts will, however, cease upon completion of the building stage of each related project and will be replaced, over time, by the respective operational noise impacts generated by each related land use. Construction noise impacts are generally localized and limited to each related project site and those areas proximal to those construction operations. Related projects that may be relatively close to one another and involve simultaneously construction operations could create cumulative noise impacts. In most cases, since noise attenuates with distance and intervening objects and obstacles serve to further impede the transmittal of sound energy, construction noise impacts will be generally localized to each such project and the roadway network along which construction traffic travels. As traffic volumes in the general project area increase over time, those areas located in proximity to the area’s arterial highway system will experience increased traffic noise. Existing roadway volumes would, however, need to double in order to produce a perceptible noise increase. Large-scale projects that contribute substantially to traffic volumes along the area’s arterial highway system are subject to CEQA compliance. Similarly, the noise element of each agency’s general plan specifies those roadways that are subject to excessive noise levels. As deemed appropriate, beyond those requirements already imposed by each agency’s noise Draft Environmental Impact Report August 2006 Section 4.8: Noise Page 4.8-9 South Pointe West City of Diamond Bar, California ordinance, land use entities have the ability to impose additional mitigation measures and/or conditions of approval on each project in order to reduce potential short-term and long-term traffic noise impacts. Also, those projects containing sensitive receptors which are located along major roadways are typically designed in recognition of intrusive noise impacts. Cumulative traffic-related noise impacts would, therefore, be less than significant. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 4.8.5 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions ƒ Project Condition 8-1. During the construction period, the Applicant shall ensure that: (1) all construction equipment is properly maintained and tuned; (2) all equipment designed to operate with a muffler system is fitted with properly operating mufflers and air intake silencers no less efficient than those originally installed; and (3) all stationary noise sources, such as generators and compressors, are located as far from residential receptor locations as feasible. All construction activities shall be subject to compliance with all applicable noise-related provisions as may be set forth by the City. ƒ Project Condition 8-2. Grading activities shall be restricted within 300 feet of any home to Monday through Friday to between the hours of 7:00AM and 3:00PM. Mitigation Measures ƒ No feasible mitigation measures have been identified by the Lead Agency. 4.8.6 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS The approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related or cumulative noise impacts. August 2006 Draft Environmental Impact Report Page 4.8-10 Section 4.8: Noise South Point West City of Diamond Bar, California 4.9 PUBLIC SERVICES AND FACILITIES Based on the preliminary analysis presented in the Initial Study (Appendix I-A), the analysis of project-related and cumulative impacts on public services and facilities has been limited to issue associated with police services, fire protection, and school facilities. With the exception of flood control facilities and sanitary sewers, no comments were received or raised during the comment period established through the release of the NOP and no substantial evidence was identified through the independent analysis of the Lead Agency suggesting the need for a larger range of issues. Flood control facilities and sanitary sewers are separately addressed in Section 4.4 (Hydrology and Water Quality) and Section 4.10 (Utilities and Service Systems), respectively. 4.9.1 ENVIRONMENTAL SETTING 4.9.1.1 Regulatory Setting Mitigation Fee Act In 1987, the California Legislature enacted AB 1600 (Mitigation Fee Act), codified in Section 66000 et seq. of the CGC. The legislation was enacted in response to developer concerns that local public agencies were requiring developers to pay for infrastructure improvement costs that developers contended should have been borne by the public as a whole. The act closely regulates the adoption, levy, collection and challenge to development fees imposed by local public agencies. It applies to both fees imposed on a broad class of projects by legislation of general applicability and fees imposed on a project-specific basis. The Mitigation Fee Act applies to development impact fees imposed by local agencies to finance all or part of the cost of public facilities, such as streets, traffic signals, bridges and major thoroughfares, drainage and flood control facilities, water and sewer and government buildings. These requirements do not apply to taxes or special assessments (which are not fees), Quimby Act fees, processing fees, fees collected under a development agreement, or certain fees collected by redevelopment agencies. Whenever establishing, imposing, or increasing a fee as a condition of development, the local public agency imposing the fee must identify the purpose of the fee and the use to which the fee will be put. The public agency must also explain why there is a reasonable relationship (nexus) between the fee and the development on which it is imposed. Moreover, fees must not exceed the estimated reasonable cost of providing the service for which the fee was collected. School Impact Fees In 1986 the State Legislature approved AB 2926 (School Facilities Act of 1986) authorizing school districts to charge development fees to fund the construction and reconstruction of schools. When noticed of a school facility exaction, a city or county may not issue a building permit to an affected development project until the school district has certified that the project has either complied with the school board's resolution or is not subject to the exaction. Local school districts are authorized to impose and collect school “impact fees” for all residential and non-residential development activities that occur within their jurisdiction to off-set the additional costs associated with the new students that result directly from the construction of new homes and indirectly from the creation of new employment opportunities. The governing Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-1 South Pointe West City of Diamond Bar, California board of any school district is authorized to levy a fee, charge, dedication, or other requirement against any construction within the boundaries of the district for the purpose of funding the construction or reconstruction of school facilities. The fee that can be imposed by the affected school district can vary based on the type of use proposed. Under the enabling legislation, for residential construction, an initial fee pf $1.93 per square foot of assessable space was established and, in the case of any commercial or industrial construction, an initial fee of $0.31 per square foot of chargeable covered and enclosed space was established. The State legislature further authorized local school districts to adjust that fee for inflation every two years, as determined by the State Allocation Board (SAB) at its January meeting. On January 25, 2006, the SAB increased the amount of the statutory maximum Level 1 1 school fees, which may be levied by a school district on new development. The maximum Level 1 school fees were increased from $2.24 to $2.63 per assessable square foot of residential construction and from $0.36 to $0.42 per square foot of enclosed and covered space for commercial/industrial development. Section 65995(h) of the CGC provides that “[t]he payment or satisfaction of a fee, charge, or other requirement levied or imposed pursuant to Section 17620 of the Education Code in the amount specified in Section 65995 and, if applicable, any amounts specified in Section 65995.5 or 65995.7 are hereby deemed to be full and complete mitigation of the impacts of any legislative or adjudicative act, or both, involving, but not limited to, the planning, use, or development of real property, or any change in governmental organization or reorganization as defined in Section 56021 or 56073, on the provision of adequate school facilities.” Very High Fire Hazard Severity Zones Sections 51175 - 51188 of the CGC requires the California Department of Forestry and Fire Protection (CDF), acting in cooperation with local fire authorities, to identify Very High Fire Hazard Severity Zones (VHFHSZ) within designated State Responsibility Areas (SRAs).2 Those VHFHSZs located in the general project area, as determined by the CDF, are illustrated in Figure 4.9-1 (Natural Hazard Disclosure Map for a Portion Eastern Los Angeles County). This map identifies the two types of fire hazard areas referred to in legislation as disclosure items in real estate transactions, namely “Wildland Areas that may contain Substantial Forest Fire Risks and Hazards” and “Very High Fire Hazard Severity Zones.” In addition, the County has identified “Very High Fire Hazard Severity Zones” throughout the County. As defined in Section 223-V of Title 32 of the County Code, the “Very High Fire Hazard Severity Zone” (formally Fire Zone 4) is defined to mean those “areas that are highly vulnerable to wildfire. The designation of such zones shall be made by the Board of Supervisors and shall be based on fuel loading, slope, fire weather and other relevant factors in accordance with Chapter 6.8 of Title 5 of the California Government Code commencing with Section 51175.” 1/ Level I fees are the current statutory fees allowed under Section 17620 of the CEC. This code section provides the basic authority for school districts to levy fees against residential and commercial construction for the purpose of funding school construction and reconstruction of facilities. Level II fees are outlined in Section 65995.5 of the CGC and allow a school district to impose a higher fee on residential construction if certain conditions are met. Level III fees are outlined in Section 65995.7 of the CGC. If State funding becomes unavailable, this section authorizes a school district that approved the collection of Level II fees to collect a higher fee on residential construction. This fee is equal to twice the amount of Level II fees; however, if a district eventually receives State funding, this excess fee must be reimbursed to the developers or be subtracted from the amount of State funding. 2/ As defined in Section 4102 of the PRC, SRAs are "areas of the state in which the financial responsibility of preventing and suppressing fires has been determined. . .to be primarily the responsibility of the state." August 2006 Draft Environmental Impact Report Page 4.9-2 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California Pathfinder Road/SR-57 Freeway Intersection Project Area Figure 4.9-1 NATURAL HAZARD DISCLOSURE MAP FOR A PORTION OF EASTERN LOS ANGELES COUNTY Source: California Department of Forestry and Fire Protection Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-3 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.9-4 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California Section 51182(a) of the CGC states that any person who owns, leases, controls, operates, or maintains any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or any land that is covered with flammable material, which area or land is within a VHFHSZ designated by the local agency pursuant to Section 51179, shall at all times do all of the following: (1) Maintain around and adjacent to the dwelling or structure a firebreak made by removing and clearing away, for a distance of not less than 30 feet on each side thereof or to the property line, whichever is nearer, all flammable vegetation or other combustible growth. This paragraph does not apply to single specimens of trees, ornamental shrubbery, or similar plants that are used as ground cover, if they do not form a means of rapidly transmitting fire from the native growth to any dwelling or structure. (2) Maintain around and adjacent to the occupied dwelling or occupied structure additional fire protection or firebreaks made by removing all brush, flammable vegetation, or combustible growth that is located from 30 feet to 100 feet from the occupied dwelling or occupied structure or to the property line, whichever is nearer, as may be required by the local agency if the local agency finds that, because of extra hazardous conditions, a firebreak of only 30 feet around the occupied dwelling or occupied structure is not sufficient to provide reasonable fire safety. Grass and other vegetation located more than 30 feet from the dwelling or structure and less than 18 inches in height above the ground may be maintained where necessary to stabilize the soil and prevent erosion. (3) Remove that portion of any tree that extends within 10 feet of the outlet of any chimney or stovepipe. (4) Maintain any tree adjacent to or overhanging any building free of dead or dying wood. (5) Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth. (6) Provide and maintain at all times a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel. The screen shall be constructed and installed in accordance with the California Building Standards Code. Section 51182(b) of the CGC, however, stipulates that a person is not required under this section to maintain any clearing on any land if that person does not have the legal right to maintain the clearing, nor is any person required to enter upon or to damage property that is owned by any other person without the consent of the owner of the property. The LACFD’s “Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones”3 provide a set of procedures and standards designed to implement the requirements of the “Los Angeles County Fire Code” (Fire Code), codified in Title 32 of the “Los Angeles County Code” (County Code). As specified therein, fuel modification plans are required for all projects and/or structures receiving tentative map approval or building permits on or after January 7, 1996. A “fuel modification plan” identifies specific zones within a property that are subject to fuel modification. A “fuel modification zone” is a strip of land where combustible native or ornamental vegetation has been modified and/or partially or totally replaced with drought tolerant, fire resistant plants.4 Current code requirements for subdivisions, including access, fire flow, fire sprinklers, water storage, and fire resistive construction 3/ County of Los Angeles Fire Department, Prevention Bureau, Forestry Division, Brush Clearance Section, Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones, January 1998. 4/ Ibid., p. 1 Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-5 South Pointe West City of Diamond Bar, California techniques, are considered and credited, where appropriate, by the LACFD in establishing the final fuel modification requirements. The size and type of the fuel modification zone(s) will be determined by the LACFD upon review of preliminary development plans.5 As indicated in the LACFD’s “Pre-Fire Management Plan”: “The Fuel Modification Program objectives is to create the Defensible Space necessary for effective fire protection in newly constructed and/or remodeled homes within the Department’s Very High Fire Hazard Severity Zones. Fuel modification reduces the radiant and convective heat, and provides valuable defensible space for firefighters to make an effective stand against an approaching fire front. The following standards have been established by the LACFD for single-family dwellings located in a VHFHSZ (Fire Zone 4): (1) the water system is capable of delivering 1,250 gallons per minute (gpm) at 20 pounds per square inch (psi) for a two-hour duration; (2) the distance from the structure to the fire hydrant does not exceed 450 feet via vehicular access; and (3) the proposed construction must be within 150 feet of a vehicular access roadway that is a minimum of 20 feet wide, paved with concrete or asphalt and does not exceed 15 percent grade.6 City of Diamond Bar General Plan The General Plan contains numerous policies that relate, either directly or indirectly, to public services and facilities. Those policies include, but are not necessarily limited to, the following: ƒ Through the environmental and development review processes, ensure that adequate services, facilities, and infrastructure are available to support each development (Strategy 2.3.1, Land Use Element). ƒ Protect existing residents and businesses from the cost of financing infrastructure aimed at supporting new development or the intensification of development (Strategy 1.1.2, Public Services and Facilities Element). ƒ Require the construction of water, sewer, drainage and other necessary public facilities prior to or concurrent with each new development (Strategy 1.1.3, Public Services and Facilities Element). ƒ Require the project sponsor to provide all necessary infrastructure improvements (including the pro rata share of system-wide improvements) (Strategy 1.1.4, Public Services and Facilities Element). ƒ Require all new housing subdivisions be connected to a public sewerage system (Strategy 1.1.6, Public Services and Facilities Element). City of Diamond Bar Municipal Code As stipulated in Section 22.22.140 (Fire Protection Standards) in Title 22 (Development Code) of the Municipal Code, development shall be constructed to reduce the potential for spread of brushfire and be constructed with adequate water supply and pressure for all proposed development in compliance with standards established by the Fire Marshal. A permanent fuel modification area shall be required around development projects or portions thereof that are adjacent or exposed to hazardous fire areas for the purpose of fire protection. The required width of the fuel modification area shall be based on applicable building and fire codes. Fuel 5/ Ibid., pp. 2-3. 6/ Los Angeles County Fire Department, Prevention Bureau, Information on Fire Flow Availability for Building Permit, Form 195, January 2002. August 2006 Draft Environmental Impact Report Page 4.9-6 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California modification areas shall incorporate soil erosion and sediment control measures to alleviate permanent scarring and accelerated erosion. 4.9.1.2 Regional Setting Police Services The Los Angeles County Sheriff’s Department (LACSD) administers the police functions of the County and is responsible for enforcing all laws and regulations as required or requested by statute. The LACSD operates County detention facilities, participates in rehabilitation programs, crime prevention programs, and programs to suppress delinquency, assists in the functions of the superior and municipal courts, maintains security, and directs and coordinates emergency services. The LACSD provides police services to all unincorporated County areas and to 41 of the 88 municipalities with police service contracts. The LACSD also provides policing for nine community colleges and for significant portions of the Metro Rail and Metrolink transit systems. The contract cities pay for the services that are provided at the level the contract designates. Police protection services in the City are provided by the LACPD under specified contract provisions. The project site is located within the patrol area of Walnut/Diamond Bar Sheriff’s Station (21695 East Valley Boulevard, Walnut) and the Diamond Bar Community Service Center Substation (321345 Cold Springs Lane, Diamond Bar). The California Highway Patrol (CHP) responds to traffic accidents on State highways, components of the interstate highway system, and traffic accidents on all streets located in unincorporated areas. The CHP provides law enforcement assistance to the LACSD and to municipal law enforcement agencies through an informal mutual aid agreement. CHP General Order 0.1 specifies that one of the missions of the CHP is that it “supports local law enforcement and stands ready to assist in emergencies exceeding local capabilities." The project site is located in the CHP’s Baldwin Park Division (14039 Francisquito Avenue, Baldwin Park). Fire Protection Fire protection and paramedic services within County unincorporated areas and contract cities, including the City, are provided by the LACFD. Other statutory responsibilities of the LACFD include erosion control, watershed management, rare and endangered species, vegetation, fuel modification for high fire severity areas, archeological and cultural resources, and the County’s Oak Tree Ordinance (Section 22.56.2050 et seq., County Code). Funding of fire protection and emergency medical services is through a portion of the ad valorem tax and special tax assessment of property owners. The LACFD provides emergency and non-emergency services, either directly or through mutual aid agreements, to County unincorporated areas and to contract cities. Fire protection services in the City are provided by the LACFD under specified contract provisions. Organizationally, the LACFD operates from nine divisions and twenty battalions. The project site is located in Division VIII (Battalions 19), which currently includes the following County fire stations: (1) Fire Station 119 (20480 E. Pathfinder Road, Walnut 91789); (2) Fire Station 120 – Battalion Headquarters (1051 S. Grand Avenue, Diamond Bar 91765); (3) Fire Station 121 (346 Armitos Place, Diamond Bar 91765); (4) Fire Station 61 (20011 La Puente Road, Walnut 91789); and (5) Fire Station 187 (3325 Temple Avenue, Pomona 91768). Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-7 South Pointe West City of Diamond Bar, California Fire Station 119 (Engine 119, Squad 119) is the jurisdictional (closest) engine company, providing first response to the project site. Fire Station 119 is presently staffed with a 3-person engine company and a 2-person paramedic squad. The second closet fire station is Station 145 (1525 South Nogales Avenue, Rowland Heights 91748). Fire Station 145 is presently staffed with a 3-person engine company and a 2-person emergency support team for manpower augmentation in major incidents.7 The Insurance Service Organization (ISO) is an independent private insurance research group that rates fire departments on their ability to provide protection. The ISO uses a rating scale of 1 (best) to 10 (least) to rate municipal fire department on a national basis. Although ratings vary according to location, the City generally has a Class 4 ISO rating, which is considered good- adequate for an urban area. National Fire Protection Association The National Fire Protection Association (NFPA) is an international non-profit organization which establishes guidelines followed by many fire departments. In 2001, the NFPA adopted NFPA 1710 (Standards for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments), setting forth recommended staffing and deployment standards and minimum criteria for the staffing of fire fighter crews and how they will respond and operate during emergency operations. The purpose of the NFPA standard is to specify the minimum criteria addressing the effectiveness and efficiency of the career public fire suppression operations, emergency medical service, and special operations delivery in protecting the citizens of the jurisdiction and the occupational safety and health of the fire department employees.8 As indicated in NFPA 1710, fire departments shall establish the following time objectives: (1) one minute (60 seconds) for turnout time; (2) four minutes (240 seconds) or less for the arrival of the first arriving engine company at a fire suppression incident and/or eight minutes (480 seconds) or less for the deployment of a full first alarm assignment at a fire suppression incident; (3) four minutes (240 seconds) or less for the arrival of a unit with first responder or higher level capability at an emergency medical incident; and (4) eight minutes (480 seconds) or less for the arrival of an advanced life support unit at an emergency medical incident, where this service is provided by the fire department.9 The fire department’s fire suppression resources shall be deployed to provide for the arrival of an engine company within a 4-minute response time and/or the initial full alarm assignment within an 8-minute response time to 90 percent of the incidents.10 Engine companies shall be staffed with a minimum of four on-duty personnel.11 This service delivery requirement is intended to have a fire department plan and situate its resources to consistently meet a 4-minute initial company fire suppression response and an 8- minute full alarm fire response assignment. It is recognized that, while on some occasions the 7/ Correspondence from David R. Leininger, Chief, Forestry Division, County of Los Angeles Fire Department to Nancy Fong, Interim Community Development Director, City of Diamond Bar (Re: Notice of Preparation, South Pointe West, General Plan Amendment #2005-01/Specific Plan #2005-01/Vesting TTM 3063623/Tree Permit #2005-06/CUP #2005-05/Development Review #2005-06 Development Agreement #2005- 01/Lot Line Adjustment 2005-003 [Diamond Bar], FFER #200600005), dated May 15, 2006. 8/ National Fire Protection Association, NFPA 1710 - Standards for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, 2001 Edition, Section 1.2.1. 9/ Ibid., Section 4.1.2.1.1. 10/ Ibid., Section 5.2.3.1.1. 11/ Ibid., Section 5.2.2.1.1. August 2006 Draft Environmental Impact Report Page 4.9-8 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California initial company response may not be met in the 4-minute requirement, the 8-minute criterion must always be met.12 The correct number of fully staffed and strategically located fire stations must exist to accomplish these standards. NFPA 1710 has not been formally adopted by the State Legislature or by the County Board of Supervisors. Similarly, on June 15, 2004, the City Council adopted a resolution stating that the NFPA 1710 standards was not supported by the City and would be virtually impossible to meet. School Facilities As indicated in the California Commission on Building for the 21st Century “Final Report of the Commission on Building for the 21st Century: Invest for California - Strategic Planning for California's Future Prosperity and Quality of Life,” one out of every two Californians live in the Los Angeles Region. By 2015, the percentage of children under the age of 18 will grow to levels not seen since the 1970’s, thus increasing the demand for new schools, recreation, and child-serving facilities.13 As indicated in the “Governor’s Environmental Goals and Policy Report” (2003 EGPR), as mandated under AB 857 (amending Section 65041 of the CGC), “the age structure of California’s current population is an important component in understanding the future direction and demand on state services and infrastructure, including housing. California’s population is growing rapidly at both ends of the age spectrum. Numerically, the largest segment of California’ population is under 20 years of age. This trend will continue, straining our schools and related services.”14 The 2003 EGPR noted that the State needs to build seven new classrooms per day for five years to keep pace with the projected K-12 demand.15 The report concluded: “When school construction lags behind student enrollment, the most popular answers to overcrowding are the use of multi-track, year-round calendars, portable classrooms, and forced busing. Each of these comes with educational, environmental, and health concerns.”16 4.9.1.3 Local Setting Los Angeles County Sheriff’s Department Operating under specified contract provisions, the City contracts with the LACSD for law enforcement services. The project site is located within the patrol area of Walnut/Diamond Bar Sheriff’s Station (21695 East Valley Boulevard, Walnut) and the Diamond Bar Community Service Center Substation (321345 Cold Springs Lane, Diamond Bar). Total reported incidents, as reported by the LACSD for the Walnut/Diamond Bar Station for calendar year 2004 are presented in Table 4.9-1 (Walnut/Diamond Bar Station Crime and Arrest Statistics [2004]). In contrast to the California Department of Justice, which bases its statistics on the number of reported crimes per 100,000 residents, crime rate is defined by the LACSD as the number of reported crimes per 10,000 residents. As reported by the LACSD, the number of reported 12/ Ibid., Annex A, Section 4.1.2.1.1(2). 13/ California Commission on Building for the 21st Century “Final Report of the Commission on Building for the 21st Century: Invest for California - Strategic Planning for California's Future Prosperity and Quality of Life, February 27, 2002, p. 13. 14/ Governor’s Office of Planning and Research, Governor’s Environmental Goals and Policy Report, November 2003, p. 13. 15/ Ibid., p. 44. 16/ Ibid., p. 45. Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-9 South Pointe West City of Diamond Bar, California incidents at the Walnut/Diamond Bar Station dropped in most categories, with the exception of burglaries, grand theft auto, and arson. The LACSD’s recommended officer to population ratio is one deputy per each 1,000 residents. Based on an existing staffing level of 137 deputies at the Walnut/Diamond Bar Sheriff’s Station 17 and the population level specified in Table 4.9-1 (Walnut/Diamond Bar Station Crime and Arrest Statistics [2004]), the officer to population ratio (137:148,266) equates to about one deputy per each 1,082 residents. Current deputized staffing levels are, therefore, slightly less than that recommended by the LACSD. The identified officer to population ratio does not specifically consider the relationship between added population and the number of non-sworn and other administrative personnel or associated equipment and facility requirements. Los Angeles County Fire Department The nearest (first response) LACFD facility to the project site is Fire Station 119 (Engine 119, Squad 119), located at 20480 Pathfinder Road. The estimated distance and response times between existing fire stations and South Pointe Middle School (20671 Larkstone Drive, Diamond Bar) is presented in Table 4.9-2 (Existing County Fire Stations Near the Project Site). Statistical information for Station 119, for 2002, is presented in Table 4.9-3 (Fire Station 119 Statistical Summary [2002]). The LACFD has not established a formal standard for emergency response but has set a goal of a 5-minute response in urban areas. The State’s Emergency Medical Services Authority (EMSA) has, however, formulated standards and guidelines for the purpose of guiding local emergency medical service (EMS) agencies in the planning, organization, management, and evaluation of local EMS systems.18 The LACFD strives to maintain the State’s Emergency Medical Services Authority standards for emergency medical services.19 As reported for Fiscal Year 2002-2003, the Countywide median response times were 4.5 minutes for “Urban” areas, 5.6 minutes for “Suburban” areas, and 7.3 minutes for “Rural” areas. Emergency response time from Fire Stations 119 and 145 are approximately 8.0 minutes and 8.1 minutes, respectively. The response time to the project site could be reduced substantially if access were to be provided from the south via Peaceful Hills Road.20 Because it is derived from a 1994 source document, the emergency response times from Station 120 is likely longer than the time period indicated in Table 4.9-2 (Existing County Fire Stations Near the Project Site). 17/ Op. Cit., County of Los Angeles All-Hazard Mitigation Plan, Section 3A, p. 100. 18/ California Emergency Medical Services Authority, EMS System Standards and Guidelines, EMSA #101, June 1993, Section 4.05, p. 26. 19/ The EMSA’s guidelines regarding “response/transportation” state: “Emergency medical service areas (response zones) shall be designated so that, for ninety percent of emergency responses: (a) the response time for a basic life support and CPR capable first responder does not exceed: Metro/urban – 5 minutes, Suburban/rural – 15 minutes, Wilderness – as quickly as possible; (b) the response time for an early defibrillation-capable responder does not exceed: Metro/urban – 5 minutes, Suburban/rural – as quickly as possible, Wilderness – as quickly as possible; (c) the response time for an advanced life support capable responder (not functioning as the first responder) does not exceed: Metro/urban – 8 minutes, Suburban/rural – 20 minutes, Wilderness – as quickly as possible; (d) the response time for an EMS transportation unit (not functioning as the first responder) does not exceed: Metro/urban – 8 minutes, Suburban/rural – 20 minutes, Wilderness – as quickly as possible” (California Emergency Medical Services Authority, EMS System Standards and Guidelines, EMSA #101, June 1993, Section 4.05, p. 23). 20/ Op. Cit., Correspondence from David R. Leininger, Chief, Forestry Division, County of Los Angeles Fire Department to Nancy Fong, Interim Community Development Director, City of Diamond Bar (Re: Notice of Preparation, South Pointe West, General Plan Amendment #2005-01/Specific Plan #2005-01/Vesting TTM 3063623/Tree Permit #2005-06/CUP #2005-05/Development Review #2005-06 Development Agreement #2005- 01/Lot Line Adjustment 2005-003 [Diamond Bar], FFER #200600005), dated May 15, 2006. August 2006 Draft Environmental Impact Report Page 4.9-10 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California Table 4.9-1 WALNUT/DIAMOND BAR STATION CRIME AND ARREST STATISTICS (2004) Crime Rate Per 10,000 Population Total Reported Incidents Calendar Year 2003 Calendar Year 2004 Percent Change 2003 2004 Total Reported Incidents 9,921 9,629 -3 - - Part I Crimes1 2,872 2,833 -1 193.45 191.08 Criminal Homicide 7 5 -29 0.47 0.34 Forcible Rape 14 9 -36 0.94 0.61 Robbery 137 127 -7 9.23 8.57 Aggravated Assault 230 181 -21 15.49 12.21 Burglary 712 720 1 47.96 48.56 Larceny Theft 1,316 1,221 -7 88.64 82.35 Grand Theft Auto 423 536 27 28.49 36.15 Arson 33 34 3 2.22 2.29 Part II Crimes1 2,707 2,465 -9 183.33 166.26 Non-Criminal Incidents 4,342 4,331 0 - - Total Arrests 1,892 1,584 -16 - - Adult Arrests 1,664 1,405 -16 - - Juvenile Arrests 228 179 -21 - - Crime Rate Per 10,000 Population Part 1 Crimes Area in Square Miles 2004 Population 2004 2003 2004 Percent Change Total Area 45.2 148,266 193.45 191.08 -1 Unincorporated 21.6 57,473 227.16 218.71 -4 City of Diamond Bar 14.6 59,315 170.73 166.74 -2 City of Walnut 9.0 31,478 173.09 186.48 8 Notes: 1. Part I offenses are used by law enforcement agencies throughout the United States to reveal the extent and trend in criminal activity. Any significant change from the anticipated pattern of the figures alerts law enforcement administrators to possible problem areas. Part I offenses include criminal homicide, forcible rape, robbery, aggravated assault, burglary, larceny theft, grant theft auto, and arson. In addition, statistics regarding Part II crimes (e.g., forgery, fraud and not-sufficient-funds checks, sex offenses, non-aggravated assaults, weapon laws, offenses against family, narcotics, liquor laws, drunk/alcohol/drugs, disorderly conduct, vagrancy, gambling, drunk driving, vehicle laws, vandalism, receiving stolen property, federal offenses without money, federal offenses with money, miscellaneous felonies and misdemeanors) and other non-criminal incidents (e.g., persons missing, non-criminal juvenile, non-criminal miscellaneous, suicides and attempts, mentally ill, traffic accidents, miscellaneous accidents, deaths) are reported. Source: Los Angeles County Sheriff’s Department, 2004 Crime and Arrest Statistics, 2005 As indicated by the LACFD: “Fire protection serving the area appears to be adequate for the existing development/land use; however, each additional development creates greater demands on existing resources. Consequently, the impact that this project will have on the adequacy of the Fire Department’s level of services remains uncertain.”21 21/ Ibid. Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-11 South Pointe West City of Diamond Bar, California Table 4.9-2 EXISTING COUNTY FIRE STATIONS NEAR THE PROJECT SITE County Fire Station Approximate Distance to Site1 (Miles) Approximate Response Time1 (Minutes) Station Type2 Size3 (square feet) Station 61 20011 La Puente Road Walnut, CA 91789 (909) 595-3001 2.234 - 2.485 65 Engine 61 Squad 61 4,200 Station 119 20480 E. Pathfinder Road Walnut, CA 91789 (909) 598-4290 2.56 8.06 Engine 119 Squad 119 3,865 Station 120 (Battalion Hqtrs) 1051 S. Grand Avenue Diamond Bar, CA 91765 (909) 861-5995 3.07 5.27 Engine 120 Patrol 120 5,665 Station 121 346 Armitos Place Diamond Bar, CA 91765 (909) 396-0164 5.04 - 5.045 125 Engine 121 4,000 Station 145 (Battalion Hqtrs) 1525 S. Nogales Avenue Rowland Heights, CA 91748 (626) 854-3486 3.37 8.16 Engine 145 EST 145 5,134 Station 146 20604 E. Loyalton Driive Walnut, CA 91789 (909) 595-7711 5.265 – 6.134 105 Engine 146 1,643 Station 187 3325 Temple Avenue Pomona, CA 91768 (909) 620-2207 5.845 – 6.634 115 Quint 187 5,460 Notes: 1. Time and distance to South Pointe Middle School (20671 Larkstone Drive Diamond Bar). 2. A quint is a fire department emergency vehicle with a permanently mounted fire pump, a water tank, a hose storage area, an aerial device with a permanently mounted waterway, and a complement of ground ladders. Fire companies whose primary functions are to pump and deliver water and perform basic fire fighting at fires, including search and rescue, are known as engine companies. An EST (Emergency Support Team) is a 2- person unit that provides first-alarm firefighting support to a specific area. 3. County of Los Angeles, County of Los Angeles All-Hazard Mitigation Plan, Version 1.0, Section 3, pp. 286-300. 4. LJCC – South Pointe West, LLC, June 2006. 5. Sandra Campbell, Senior Planner, City of Diamond Bar, June 2006. 6. Correspondence from David R. Leininger, Chief, Forestry Division, County of Los Angeles Fire Department to Nancy Fong, Interim Community Development Director, City of Diamond Bar (Re: Notice of Preparation, South Pointe West, General Plan Amendment #2005-01/Specific Plan #2005-01/Vesting TTM 3063623/Tree Permit #2005-06/CUP #2005-05/Development Review #2005-06 Development Agreement #2005-01/Lot Line Adjustment 2005-003 [Diamond Bar], FFER #200600005), dated May 15, 2006. 7. City of Diamond Bar, Final Environmental Impact Report for the South Pointe Master Plan, State Clearinghouse No. 92081040, June 3, 1994, Table 31. Source: Environmental Impact Sciences August 2006 Draft Environmental Impact Report Page 4.9-12 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California Table 4.9-3 FIRE STATION 119 STATISTICAL SUMMARY (2002) Unit 2002 Totals Fires Working Incidents Medical Haz Mat Service False Station 119 1,152 51 5 674 39 189 195 Engine 119 1,503 Squad 119 2,737 Source: Los Angeles County Fire Department Walnut Valley Unified School District The project site is located within the boundaries of the Walnut Valley Unified School District (WVUSD). The current (2006) enrollment in the WVUSD is 15,152 students.22 On May 5, 2004, the WVUSD’s Board of Directors adopted the findings presented in the WVUSD’s updated “Justification Report for the Walnut Valley Unified School District.”23 As indicated therein, the WVUSD is justified in imposing a fee of $6.40 per square foot for residential development. Under existing law, however, the WVUSD is authorized to impose only a fee of $2.63 per square foot for residential development. As further indicated therein, the WVUSD has determined that, on average, each new single-family dwelling unit constructed within the district’s boundaries will generate 0.720 new students, including 0.253 grade kindergarten (K) through 6 students, 0.192 grade 7-9 students, and 0.275 grade 9-12 students. The WVUSD operates nine elementary, three middle, and three high schools. Public school students residing in the general project area attend those schools listed in Table 4.9-4 (Capacity and Enrollment at Existing Public Schools in the General Project Area). Of those schools, South Pointe Middle School is located directly north of Larkstone Drive. That middle school opened in September 1989 in portable facilities. In April 1997, permanent facilities at that campus were completed. South Pointe Middle School currently (2005-2006) serves 1,174 students and draws students from both the Cities of Diamond Bar and Walnut. 4.9.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant public services and facilities impact if the project or if project-related activities were to:  Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands.24  Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental 22/ Correspondence from Diane C. Hockersmith, Assistant Superintendent, Walnut Valley Unified School District to Kurt Nelson, Vice President, LJCC South Pointe West, LLC, March 23, 2006. 23/ Calwell Flores Winters, Inc., Justification Report for the Walnut Valley Unified School District – This Study Established the Justification for the Imposition of Developer Fees Pursuant to Applicable Law as of March 2004, adopted May 5, 2004). 24/ Op. Cit., State CEQA Guidelines, Appendix G, Section VII (Hazards and Hazardous Materials). Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-13 South Pointe West City of Diamond Bar, California impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services: fire protection; police protection; schools; parks; and/or other public facilities.25 Table 4.9-4 CAPACITY AND ENROLLMENT AT EXISTING PUBLIC SCHOOLS IN THE GENERAL PROJECT AREA1 School Grades Design Capacity Portables Current 2004-2005 Enrollment Available Capacity Projected 2007-2008 Enrollment Walnut Elementary School 841 S. Glenwick Avenue Diamond Bar, CA K-5 650 24 511 139 500 South Pointe Middle School 20671 Larkstone Drive Diamond Bar, CA 6-8 1,213 0 1,174 39 1,165 Diamond Bar High School 21400 Pathfinder Road Diamond Bar, CA 9-12 3,210 4 3,314 0 3,300 Notes: 1. Diane Hockersmith, Assistant Superintendent, Walnut Valley Unified School District, June 16, 2006 Source: Walnut Valley Unified School District 4.9.3 IMPACT ANALYSIS Construction Impacts Construction Impact 9-1. During construction, equipment, building and landscape materials, and a variety of household items will be brought to the project site. Visibility of the tract map area from off-site vantage points is limited and during certain periods, no or limited numbers of personnel will be on the project site. Level of Significance before Mitigation: Less than Significant A minor demand for additional police service may occur during the construction phases. Such services include consultation during plan check, routine surveillance of the construction site by regular patrol units, potential investigations of theft of construction equipment and materials, and enforcement of local speed limits and haul vehicle coverage requirements. If construction activities result in the discharge of dirt or other debris along local roadways, drivers causing that discharge can be cited. Provision of such services would not require construction of any new LACSD or CHP facilities or necessitate the physical alteration of any existing facilities. No significant impacts to police protection services or facilities would occur during project construction. A project condition (Project Condition 9-1) has, however, been recommended to minimize both the likelihood of a criminal incident during project construction and any short-term demands on LACSD resources. In addition, another project condition (Project Condition 9-2) has been formulated to provide the LACSD the opportunity to review the project’s individual design elements in order to reduce potential demands upon police services. 25/ Ibid., Section XIII (Public Services). August 2006 Draft Environmental Impact Report Page 4.9-14 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Construction Impact 9-2. Project implementation will result in the introduction of equipment, materials, and manpower into a County-designated fire hazard area prior to the provision of water system improvements designated to respond to in-tract fire hazards. Level of Significance before Mitigation: Less than Significant LACFD response times to the project site does not generally conform to the County’s overall goal of five minutes or less for urban areas. In addition, although not a locally imposed standard, response times to the project site currently exceed the NFPA 1710 standard for first engine company arrival (within a 4-minute response time) and/or the initial full alarm assignment (within an 8-minute response time). The LACFD has not specifically stated that a response time greater than four or five minutes would constitute an unacceptable public safety hazard. Site clearing would involve a number of activities that represent potential fire hazards that could increase the likelihood of brush fires affecting in-tract and other off-site areas. Sparks from vehicle and equipment exhaust and welding torches could ignite vegetation or flammable construction materials located in proximity to those construction activities. Fuels, paints, lubricants, sealants, and other flammable or hazardous materials would be stored, in limited quantities and in compliance with regulatory federal, State, and local standards, and used throughout the construction process. Vehicle parking, equipment staging, and equipment service areas could contribute to existing fire hazards due to potential ignition from equipment and vehicle exhausts, the potential leakage or accidental spillage of oil, gasoline, or other petroleum products during fueling and maintenance operations, and the impedance to emergency access that poorly sited and managed vehicle staging and employee parking activities could potentially produce. Smoking by workers near dry brush could also result in the accidental ignition of that brush. Since portions of the tract map area will be retained as natural open space, throughout the term of construction operations, flammable brush may exist on and adjacent to the tract map area in close proximity to active construction areas. While in-tract and near-site fire hazards would be likely to temporarily increase, fire suppression-related infrastructure and emergency response capabilities will remain at pre-project levels during the initial construction period. During that period, available water resources would be limited to those that are brought to the tract map area by the Applicant, by the LACFD or obtained from off-site County-maintained fire hydrants. In recognition of existing wildland fire hazards and the presence of near-site housing units and existing elementary school, although not specifically required based on the absence of a significant impact, a project condition (Project Condition 9-3) has been formulating recommending that the Applicant submit a fire protection program and workplace standards for fire safety to the LACFD for that agency’s review and comment. The LACFD typically specifies that: (1) all required fire hydrants shall be installed, tested, and accepted by the LACFD prior to the commencement of building construction activities; (2) adequate fire flow capacity shall be available to all properties, at a volume and duration consistent with the type, scale, and use of the facility being served; (3) fire hydrants shall be installed and charged prior to the delivery of any substantial quantity of flammable materials onto the project site; and (4) vehicular access shall be provided and maintained serviceable throughout the construction period to all required fire hydrants. The proposed project must also Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-15 South Pointe West City of Diamond Bar, California fully comply with all applicable provisions of the “Uniform Building Code” (UBC) and “Uniform Fire Code” (UFC), as modified, and other applicable provisions of the County Code established to address fire protection and public safety. Specifically, with regards to the proposed project, the LACFD has formulated a number of project-level permit conditions. Those conditions include, but may not be limited to: ƒ The proposed development may necessitate multiple ingress/egress access for the circulation of traffic, and emergency response issues. ƒ The development of this project must comply with all applicable code and ordinance requirements for construction, access, water mains, fire flows and fire hydrants. ƒ Specific fire and life safety requirements for the construction phase will be addressed at the building fire plan check. There may be additional fire and life safety requirements during this time. ƒ Every building constructed shall be accessible to LACFD 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. ƒ Access roads shall be maintained with a minimum of ten feet of brush clearance on each side. Fire access roads shall have an unobstructed vertical clearance clear-to-sky with the exception of protected tree species. Protected tree species overhanging fire access roads shall be maintained to provide a vertical clearance of 13 feet, 6 inches. ƒ When involved with a subdivision in a city contracting fire protection with the LACFD, LACFD requirements for access, fire flow and hydrants are addressed during the subdivision tentative map stage. ƒ Fire sprinkler systems are required in some residential and most commercial occupancies. For those occupancies not requiring fire sprinkler systems, it is strongly suggested that fire sprinkler systems be installed. This will reduce potential fire and life losses. Systems are now technically and economically feasible for residential use. ƒ The development may require fire flows up to 5,000 gpm at 20 psi residual pressure for up to a 5-hour duration. Final fire flows will be based on the size of the buildings, their relationship to other structures, property lines, and types of construction used. ƒ Fire hydrant spacing shall be 300 feet and shall meet the following requirements: (1) No portion of lot frontage shall be more than 200 feet via vehicular access from a public fire hydrant; (2) No portion of a building shall exceed 400 feet via vehicular access from a properly spaced fire hydrant; (3) When cul-de-sac depth exceeds 200 feet, hydrants will be required at the corner and mid block; and (4) Additional hydrants will be required if the hydrant spacing exceeds specified distances. ƒ Turning radii shall not be less than 32 feet. This measurement shall be determined at the centerline of the road. A LACFD-approved turning area shall be provided for all driveways exceeding 150 feet in length and at the end of all cul-de-sacs. ƒ All on-site driveways shall provide a minimum unobstructed with of 28 feet, clear-to-sky. The 28 foot width does not allow for parking, and shall be designated as a “Fire Lane,” and have appropriate signage. The centerline of the on-site driveway shall be located parallel to and within 30 feet of an exterior wall on one side of the proposed structure. The on-site driveway is to be within 150 feet of all portions of the exterior walls of the first story of any building. ƒ The 28 feet in width shall be increased to: (1) Provide 34 feet in width when parallel parking is allowed on one side of the access way; (2) Provide 36 feet in width when parallel parking is allowed on both sides of the access way; (3) Any access way less than 34 feet in width shall be labeled “Fire Lane” on the final recording map, and final August 2006 Draft Environmental Impact Report Page 4.9-16 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California building plans; and (4) For streets or driveways with parking restrictions: (a) The entrance to the street/driveway and intermittent spacing distances of 150 feet shall be posted with LACFD-approved signs stating “No Parking – Fire Lane” in three-inch high letters and (b) Driveway labeling is necessary to ensure access for LACFD use. ƒ When serving land zoned for residential use having a density of more than four units per net acre: (1) A cul-de-sac shall be a minimum of 34 feet in width and shall not be more than 700 feet in length; (2) The length of the cul-de-sac may be increased to 1,000 feet if a minimum of 36 feet in width is provided; and (3) A LACFD-approved turning area shall be provided at the end of a cul-de-sac. ƒ All access devices and gates shall meet the following requirements: (1) Any single gated opening used for ingress and egress shall be a minimum of 26 feet in width, clear-to-sky; (2) Any divided gate opening (when each gate is used for a single direction of travel, i.e., ingress or egress) shall be a minimum width of 20 feet clear-to-sky; (3) Gates and/or control devices shall be positioned a minimum of 50 feet from a public right-of-way, and shall be provided with a turnaround having a minimum of 32 feet of turning radius; if an intercom system is used, the 50 feet shall be measured from the right-of-way to the intercom control device; (4) All limited access devices shall be a type approved by the LACFD; and (5) Gate plans shall be submitted to the LACFD, prior to installation; these plans shall show all locations, widths and details of the proposed gates. ƒ All proposals for traffic calming measures (speed humps/bumps/cushions, traffic circles, roundabouts, etc.) shall be submitted to the LACFD for review, prior to implementation.26 With regards to gated entrance designs and to ensure adequate emergency access is provided, the LACFD has the following requirements: (1) single gate designs shall provide a minimum clear open width of 26 feet; the keypad shall be set back to a minimum of 50 feet from the back of right of way; (2) provide a minimum turning radius of 32 feet prior to the gate, with a minimum width of 20 feet clear to be maintained through the radius; (3) double gate design shall provide for a minimum clear opening width of 20 feet for both ingress and egress; the keypad shall be set back a minimum of 50 feet from the back of right of way; (4) provide a minimum turning radius of 32 feet prior to the gate, with a minimum width of 20 feet clear to be maintained through the radius; and (5) a gate detail shall be submitted for review and approval along with any land development application. In accordance with the LACFD’s “Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones,” in response to identified fire-related hazards, the proposed project is required to include, and submit for LACFD review, fuel modification, landscape, and irrigation plans and brush clearance activities in those areas adjacent to the proposed dwelling units.27 The Applicant’s proposed fuel modification plan is illustrated in Figure 2-6 (Landscape Site Development Plan). A standard condition (Project Condition 9-4) has been formulated requiring the submittal and approval of those plans to and by the LACFD prior to the recordation of the final map. Prior to the commencement of any construction activities on the project site, the LACFD must formally review those plans and the project’s final development plans to evaluate and ensure 26/ Op. Cit., Correspondence from David R. Leininger, Chief, Forestry Division, County of Los Angeles Fire Department to Nancy Fong, Interim Community Development Director, City of Diamond Bar (Re: Notice of Preparation, South Pointe West, General Plan Amendment #2005-01/Specific Plan #2005-01/Vesting TTM 3063623/Tree Permit #2005-06/CUP #2005-05/Development Review #2005-06 Development Agreement #2005- 01/Lot Line Adjustment 2005-003 [Diamond Bar], FFER #200600005), dated May 15, 2006. 27/ Op. Cit., Brush Clearance Section, Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones, January 1998. Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-17 South Pointe West City of Diamond Bar, California the adequacy of existing and proposed water supply, the location of fire hydrants, access requirements, brush clearance and fuel modification plans, and related fire protection considerations. The purpose of the plan check process is not only to ensure compliance with minimum LACFD standards and applicable County Code and Fire Code requirements but to also identify other possible actions that can be taken, either by the Applicant or by others, to minimize identified hazards and to effectuate an appropriate emergency response. Plan check services can be adequately provided by existing LACFD staff and performed at available County facilities. Although LACFD plan check review will occur in accordance with established City and County procedures, a project condition (Project Condition 9-5) has been formulated requiring LACFD approval of the project’s fire-related infrastructure improvements. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Construction Impact 9-3. Construction will occur in close proximity to South Point Middle School and could be disruptive to school activities and operations. Level of Significance before Mitigation: Significant unless Mitigation Incorporated The work force required for the project’s construction is assumed to already exist within the general project area. No substantial in-migration of workers is anticipated to complete those construction activities. As a result, no substantial project-related increase in the regional labor force will occur during the construction phase. Since no substantial increase in the number of new households within the general project area is anticipated in order to accommodate the project’s construction workers, no direct impacts on either WVUSD facilities are predicted. Children of construction workers would be expected to continue to attend existing schools within those school districts now serving their individual places of residency. Although students can relocate to the school district where a parent is employed, because of the limited construction term, any such relocation would be expected to be minimal. The project site is located in close proximity to South Pointe Middle School and is proposed, in part, on lands being conveyed to the Applicant by the WVUSD. Construction activities could result in the temporary closure of or restricted access along Larkstone Drive. Construction activities, including material stockpiling, may present an attractive nuisance (defined as any condition which is unsafe or unprotected and, thereby, dangerous to children and which may reasonably be expected to attract children to the property and to the risk injury by playing with, in, or on it). Potential construction-term noise, air quality, and transportation and circulation impacts are separately addressed under other corresponding sections of this analysis and are not again repeated herein. In order to minimize the creation of an attractive nuisance, a mitigation measure (Mitigation Measure 9-1) has been formulated which requires the fencing and signage of the construction site. Fencing and law enforcement surveillance will also serve to deter criminal acts, such as graffiti, theft, and vandalism. An additional mitigation measures (Mitigation Measure 9-2) has been formulated requiring that the Applicant, in cooperation with the City and the WVUSD, prepare a school safety plan designed to minimize disruption to school activities and enhance the safety of children near active construction sites. The Applicant’s school safety plan may be prepared separately from or in combination with the Applicant’s construction traffic mitigation plan (Project Condition 6-2) and traffic control plan (Project Condition 6-4). August 2006 Draft Environmental Impact Report Page 4.9-18 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California Implementation of the recommended project conditions and mitigation measures will reduce construction-term impacts to the South Pointe Middle School, its students, and faculty to a less- than-significant level. Operational Impacts Operational Impact 9-4. With a resident population of approximately 326 persons and an existing staffing ratio of one sworn officer for each 1,082 residents, in order to maintain existing staffing levels, the LACSD would need an additional 0.30 sworn deputies. Based on the LACSD’s recommended officer to population ratio of one deputy per 1,000 residents, an additional 0.33 officers would be required based on the projected number of in-tract residents. Level of Significance before Mitigation: Less than Significant Actual LACSD personnel needs would be determined over time, based on that department’s experience with the project’s residential and recreational components, areawide incident trends, and other factors, and not derived purely through a projection of the number of in-tract residents. It is, however, evident that new residential and non-residential projects incrementally contribute to existing demands on LACSD resources. Assuming that the annual crime rate per 10,000 residents, as reported in Table 4.9-1 (Walnut/Diamond Bar Station Crime and Arrest Statistics [2004]), can be universally applied to any new residential development, the project’s estimated 326 residents would translate into about 6.2 Part I and 5.4 Part II criminal incidents per year. Because these estimates are solely population derived, those projections do not address either the potential for criminal occurrence, emergency response needs, and other reported incidents that might be associated with the neighborhood park’s use and operation or any reduction or increase in the number or nature of those incidences resulting from the creation of a gated residential community. There presently exists no direct mechanism to equate crime propensity to local land use decisions. Neither the LACSD nor the CHP have establish a functional mechanism for the County to collect LACSD impact fees or for the State to collect CHP impact fees generally in proportion to the impacts generated by new residential and non-residential development. As such, there is no formal basis to quantify project-related impacts, no established nexus allowing for the collection of developer impact fees for police protection services, and no direct linkage between approved development and the expansion of police resources, the purchase and replacement of equipment, and the hiring of new sworn and non-sworn personnel. Similarly, it is impractical for all development projects to either dedicate real property for new LACSD facilities (since facilities siting must occur on an areawide basis and subject to specific facility siting criteria) or to add dedicated, private security personnel. Funding for LACSD personnel, equipment, and facilities is typically derived through ad valorum taxation and based on yearly allocations by the County Board of Supervisor that occur through the County’s annual budget process. Increased property valuation provides a mechanism whereby the County, at its discretion, has the ability to augment existing LACSD resources to accommodate reasonably anticipated project-related County and local demands. One factor that could potentially affect the number of service calls is the configuration of both the project itself and each individual dwelling unit’s design within the neighborhood. Homes with reduced surveillance opportunities or where there may exist opportunities for concealment, such as may occur when those homes are located adjacent to a park and open space areas, might have an increased propensity to be targeted by a criminal element. Areas with limited Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-19 South Pointe West City of Diamond Bar, California opportunities for surveillance by residents, park users, or law enforcement personnel could become locations for crime to a greater extent that locations that did not possess those characteristics. Oscar Newman, in “Defensible Space – Crime Prevention through Urban Design,” noted that “[i]mprovements in surveillance capacity – the ability to observe the public areas of one’s residential environment and to feel continually that one is under observation by other residents while on the grounds of projects and within the public areas of building interiors – can have a pronounced effect in securing the environment for peaceful activities.”28 For the security and safety of residents, the LACSD routinely identifies crime prevention measures that could be implemented during site and building layout design. Those measures include, but may not be limited to: (1) provide lighting in open areas and parking lots; (2) ensure the visibility of doors and windows from the street and between buildings; and (3) ensure that the required building address numbers are lighted and readily apparent from the street for emergency response agencies. Although no significant operational impacts have been identified, a project condition (Project Condition 9-2) has been formulated to provide the LACSD the opportunity to review the project’s individual design elements in order to reduce the potential demand upon police services. Additional project-induced traffic on the area’s major arterial highways will incrementally increase service demands on CHP personnel. In the context of overall traffic volumes, the project’s potential contribution to traffic along those roadways that are primarily served by the CHP is expected to be relatively minor. Since project-related demands on the CHP are likely to be proportional to project size, operational impacts upon the CHP are projected to be minimal. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Operational Impact 9-5. The introduction of 99 new residential dwellings and a new neighborhood park will increase existing demands on LACFD facilities, equipment, and personnel, thus predicating an incremental need for facility expansion, the purchase of new or replacement equipment, and the addition of LACFD personnel. Level of Significance before Mitigation: Less than Significant Water service to the project site will be provided by the Walnut Valley Water District (WVWD), via existing water mains located in Morning Sun Avenue and Blackhawk Drive. As required by the LACFD for single-family dwellings located in a VHFHSZ (Fire Zone 4), existing water mains are capable of delivering to the project site a minimum fire flow of 1,250 gpm at 20 psi for a two- hour duration. On-site improvements to the existing water supply and street system are proposed and will be required in order to ensure that the distance from proposed structures to a fire hydrant does not exceed 450 feet via vehicular access and that the proposed construction will be within 150 feet of a vehicular access roadway that is a minimum of 20 feet wide, paved with concrete or asphalt and does not exceed 15 percent grade. The project is not subject to compliance with the payment provisions of the Consolidated Fire Protection Districts developer fee program. As such, other than through the improvement of the existing water delivery system, the project does not make any direct contribution to the LACFD. 28/ Op. Cit., Defensible Space – Crime Prevention through Urban Design, p. 78. August 2006 Draft Environmental Impact Report Page 4.9-20 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California The project’s satisfaction of design and development standards imposed by the LACFD will, however, ensure that the project does not adversely affect LACFD resources. Based on the minimum lot sizes now proposed and the nature of the proposed subdivision (i.e., detached condominiums), although the separation distances between the main structures comprising the proposed dwelling units will be a minimum of ten feet, the architectural projections (e.g., fireplaces, balconies, bay windows, and eave overhangs) will be a minimum of four feet. During the plan check process, the LACFD will review development plans to ensure compliance with applicable Fire Code requirements, including building separation distances. Although not specifically required based on the absence of an identified significant environmental effect, a project condition (Project Condition 9-5) has been recommended in order to ensure both the LACFD’s review of the project’s proposed water supply and access improvement plans and the project’s compliance with applicable LACFD standards. In addition, a project condition (Project Condition 6-6) has been recommended in order to ensure that the design and operation of the project’s access gates do not unreasonably hinder emergency ingress into the tract map area. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Operational Impact 9-6. Project implementation will increase enrollment within the Walnut Valley Unified School District by an estimated 71 new students, including approximately 25 new elementary school students (Grades K-6), 19 new junior high school students (Grades 7-9), and 27 new high school students (Grades 9-12). Level of Significance before Mitigation: Less than Significant As indicated in Table 4.9-4 (Capacity and Enrollment at Existing Public Schools in the General Project Area), for the 2007-2008 school year, Walnut Elementary School and South Pointe Middle School has the capacity to accommodate an additional 150 and 48 students, respectively. Although no available capacity has been identified at Diamond Bar High School, student enrollment is projected to decrease by an estimated 14 students between 2005-2006 and 2007-2008. As indicated by the WVUSD: “Although there is projected capacity in the District’s existing schools to accommodate the school-aged children expected to be generated from the proposed residential development, the District will still require the payment of developer fees which will be used for minor new construction and modernization projects to meet the needs of the District’s existing students and the students to be generated from the proposed development.”29 Payment of applicable fees to the WVUSD or, alternatively, execution of an AB 2926 mitigation agreement acceptable to the school district constitutes full and complete mitigation of project- related impacts on the provision of school facilities from the proposed residential development. A project condition (Project Condition 9-6) herein, has been formulated to reinforce the existing requirement that evidence of payment of applicable school impact fees be provided to the City prior to the issuance of building permits. 29/ Op. Cit., correspondence from Diane C. Hockersmith, Assistant Superintendent, Walnut Valley Unified School District to Kurt Nelson, Vice President, LJCC South Pointe West, LLC, March 23, 2006. Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-21 South Pointe West City of Diamond Bar, California Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Cumulative Impacts Cumulative Impact 9-7. The approval of other reasonably foreseeable future development projects within the general project area will increase existing demands on the Los Angeles County Sheriff’s Department, on the Los Angeles County Fire Department, and on other law enforcement agencies and will increase the number of children served by the Walnut Valley Unified School District. Level of Significance before Mitigation: Less than Significant Areawide development will increase the number of individuals residing in the general project area, result in the conversion of vacant and underutilized lands to more intensive uses, introduce new businesses, increase the use of products and materials those businesses utilize including hazardous and flammable materials, and increase the inventory of products, merchandise, and other material goods. As population levels increase, so will the demand for public services and facilities. Based on a Statewide, regional, areawide, or local assessment of need, public agencies have the ability to construct new law enforcement and fire protection facilities, purchase new equipment, and add personnel in response to identified demand. Local agencies have the ability to deny or condition individual development applications based on their assessment of potential project-induced impacts upon crime and fire hazards, as well as upon law enforcement and fire department facilities and personnel. State, County, and local decisionmakers have the ability to respond to those changes through increases or decreases in annual budgetary allocations to police and fire protection agencies, including the LACSD, CHP, and LACFD. As indicated in the WVUSD fee justification study, based on the State-approved cohort survival method, it is estimated that student enrollment within the WVUSD will increase from 15,248 regular-education K-12 students in the fall of the 2003 school year to 15,291 students in the 2008-2009 school year, a change of only 43 students. Based on the pupil per dwelling unit multiplier method, it is estimated that student enrollment will increase from 15,248 regular- education K-12 students in the fall of the 2003 school year to 15,450 students in the 2008-200 school year, an increase of 245 students. Excess pupil enrollment will be temporarily housed in leased portable classrooms, in space made available by reducing existing programs, and in space reconstructed on existing sites until more permanent measures can be taken.30 Table 4.9-5 (Permanent Classroom and Relocation Needs Analysis – Walnut Valley Unified School District) shows the estimated permanent classrooms needed to house these students annually by grade-level grouping. The study indicated that no new school sites would need to be purchased or constructed to accommodate projected student population projections through at least 2010. The fee justification study, however, concluded that the projected cost to finance projected K-12 school facility needs was $15,022,927 in 2004 dollars. Since residential developer fee revenues were projected to be only $5,208,000 for the WVUSD, a projected shortfall of $9,814,927 was identified.31 Although projected student growth was not anticipated 30/ Caldwell Flores Winters, Inc., Justification Report for the Walnut Valley Unified School District, March 2004, adopted May 5, 2004, pp. 10-11. 31/ Ibid., p. 14. August 2006 Draft Environmental Impact Report Page 4.9-22 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California to be substantial, the WVUSD lacked sufficient direct fee-based contributions to cover the cost for facility expansion. Even with increased fees, as may be authorized subject to future fee justification studies, a continuing revenues shortfall can be anticipated. Table 4.9-5 PERMANENT CLASSROOM AND RELOCATION NEEDS ANALYSIS WALNUT VALLEY UNIFIED SCHOOL DISTRICT School Year 2004 2005 2006 2007 2008 2009 2010 Annual Classrooms Needed K-6 0 2 2 3 0 2 2 7-8 0 1 0 1 0 1 0 9-12 0 1 1 1 1 0 1 Special Education 0 0 0 0 0 0 0 Cumulative Classrooms Needed K-6 0 1 2 4 4 5 6 7-8 0 1 1 2 2 3 3 9-12 0 1 2 3 4 4 5 Special Education 0 0 0 0 0 0 0 Source: Caldwell Flores Winters, Inc., Justification Report for the Walnut Valley Unified School District, March 2004, adopted May 5, 2004 It is the WVUSD’s intent to convey to the Applicant a portion of the project site, declared by the WVUSD to be surplus property. Existing law requires the district to use the funds derived from the sale of surplus property for capital outlay or for costs of maintenance of school district property that the governing board of the school district determines will not recur within a 5-year period. The funds derived from the sale of that property can, therefore, be used by the WVUSD to fund, in part, the construction of new classrooms or use those funds for other eligible costs. All qualifying residential and non-residential development projects located within the WVUSD’s district boundaries are required to pay school impact fees. Notwithstanding the findings of the WVUSD’s analysis, the payment of applicable fees or the execution of an AB 2926 mitigation agreement acceptable constitutes full and complete mitigation of related project impacts on WVUSD facilities. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.9.4 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions ƒ Project Condition 9-1. Prior to the commencement of grading activities, the Applicant shall prepare and submit for review by the Los Angeles County Sheriff’s Department (LACSD) a draft construction security plan outlining the activities that will be instituted by the Applicant to secure the construction site and the equipment and materials located thereupon from potential criminal incidents. The Applicant shall incorporate the recommendations of the LACSD into a final construction security plan and shall implement that plan during the construction period. Draft Environmental Impact Report August 2006 Section 4.9: Public Services and Facilities Page 4.9-23 South Pointe West City of Diamond Bar, California ƒ Project Condition 9-2. Prior to the issuance of building permits, the LACSD shall be provided the opportunity to review and comment upon building plans and the configuration of the neighborhood park in order to: (1) facilitate opportunities for improved emergency access and response; (2) ensure the consideration of design strategies that facilitate public safety and police surveillance; and (3) offer specific design recommendations to enhance public safety and reduce potential demands upon police services. ƒ Project Condition 9-3. Prior to the commencement of grading or grubbing activities, the Applicant shall prepare and submit to the Los Angeles County Fire Department (LACFD) a fire protection program and workplace standards for fire safety outlining those activities to be undertaken by the Applicant during the construction period. ƒ Project Condition 9-4. Prior to the issuance of a grading permit, the Applicant shall submit and the LACFD shall review and, when deemed acceptable, approve a fuel modification, landscape, and irrigation plan in compliance with County Very High Fire Hazard Severity Zone (VHFHSZ) standards. ƒ Project Condition 9-5. Prior to the issuance of a grading and building permits, the LACFD will review and, when deemed acceptable, approve (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 County requirements; and (2) final building plans. The project’s water system shall be designed in response to final fire flow requirements identified by the LACFD. ƒ Project Condition 9-6. Prior to the issuance of building permits, the Applicant shall present the City with a certificate of compliance or other documentation demonstrating that the Applicant has complied with the WVUSD’s board resolutions governing the payment of school impact fees or has entered into an AB 2926 school fee mitigation agreement or is not subject to the exaction. Mitigation Measures ƒ Mitigation Measure 9-1. Prior to the issuance of a grading permit, the Applicant shall submit and the Director of the Community and Development Services Department (Director) shall approve a temporary fencing and signage plan designed to discourage access to any active construction areas by children. ƒ Mitigation Measure 9-2. Prior to the issuance of a grading permit, the Applicant shall submit and the Director and the Superintendent of the Walnut Valley Unified School District (WVUSD) shall approve a school safety plan to the City and to the WVUSD. The safety plan shall identify appropriate measures to be undertaken by the Applicant during construction to minimize potential disruptions to school activities and school operations and to enhance the safety of children near active construction sites. 4.9.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS As mitigated, the approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related or cumulative impacts on police services, fire protection, and school facilities. August 2006 Draft Environmental Impact Report Page 4.9-24 Section 4.9: Public Services and Facilities South Point West City of Diamond Bar, California 4.10 UTILITIES AND SERVICE SYSTEMS Based on the preliminary analysis presented in the Initial Study (Appendix I-A), the analysis of project-related and cumulative impacts on utilities and service systems has been limited to the issue associated with wastewater collection and treatment. No comments were received or raised during the comment period established through the release of the NOP and no substantial evidence was identified through the independent analysis of the Lead Agency suggesting the need for a larger range of issues. 4.10.1 ENVIRONMENTAL SETTING 4.10.1.1 Regulatory Setting Los Angeles County Code The City owns and the Los Angeles County Department of Public Works Consolidated Sewer Maintenance District (CSMD) maintains the local sanitary sewers within the City. As required, a sewer area study must be prepared for all private contract sewer projects. As stipulated in the County Code, no sewer construction permit shall be issued until the County Engineer (Section 20.32.040) and the Public Works Director (Section 20.32.420) have approved the project’s final sewer plans. City of Diamond Bar General Plan The General Plan contains numerous policies that relate, either directly or indirectly, to utilities and service systems. Those policies include, but are not necessarily limited to, the following: ƒ Through the environmental and development review processes, ensure that adequate services, facilities, and infrastructure are available to support each development (Strategy 2.3.1, Land Use Element). ƒ Protect existing residents and businesses from the cost of financing infrastructure aimed at supporting new development or the intensification of development (Strategy 1.1.2, Public Services and Facilities Element). ƒ Require the construction of water, sewer, drainage and other necessary public facilities prior to or concurrent with each new development (Strategy 1.1.3, Public Services and Facilities Element). ƒ Require the project sponsor to provide all necessary infrastructure improvements (including the pro rata share of systemwide improvements) (Strategy 1.1.4, Public Services and Facilities Element). ƒ Require all new housing subdivisions be connected to a public sewerage system (Strategy 1.1.6, Public Services and Facilities Element). City of Diamond Bar Municipal Code As stipulated in Section 13.00.640 (Plan Approval Prerequisite to Issuance) in Title 13 (Utilities) of the Municipal Code, no sewer construction permit shall be issued until the City Engineer has checked and approved the plans in accordance with Section 13.00.1200 and the other applicable provisions of the Municipal Code. Section 13.00.1200 (Sewer Pans) state that before a sewer construction permit may be issued, plans for the proposed construction shall be Draft Environmental Impact Report August 2006 Section 4.10: Utilities and Service Systems Page 4.10-1 South Pointe West City of Diamond Bar, California submitted to and approved by the City Engineer, unless the City Engineer determines that plans are not necessary. 4.10.1.2 Regional Setting The County Sanitation Districts of Los Angeles County (CSDLAC or District) are a confederation of special districts serving the wastewater and solid waste management needs of the County. The CSDLAC’s service area covers 78 cities and unincorporated areas, and includes the City. The CSDLAC are comprised of 25 separate sanitation districts working cooperatively under a Joint Administration Agreement. Of these, 23 are currently active. Each district has a separate board of directors consisting of the presiding officer of the governing bodies of the local jurisdictions situated within that district. The CSDLAC owns, operates, and maintains eleven wastewater treatment plants with a total permitted capacity of about 627.8 million gallons per day (mgd). The District’s sewerage system currently conveys and treats about 510 mgd. The project site is located within County Sanitation District No. 21. County Sanitation District No. 21, in combination with 16 other districts, are signatories to a Joint Outfall Agreement which provides for a regional, interconnected system of facilities known as the Joint Outfall System. The CSDLAC constructs, operates, and maintains trunk sewers and wastewater treatment and disposal facilities serving residential, industrial, institutional, and commercial users throughout a major portion of the County. Local wastewater collection systems (lateral sewers) are constructed, operated, and maintained by other public agencies, including the County and various cities. Such systems are typically tributary to and discharge into the CSDLAC's sewerage systems. Operation and maintenance of local sewers and laterals that connect to CSDLAC’s trunk sewers are the responsibilities of local jurisdictions. Municipal sewer flows generated within the City are treated at the CSDLAC’s San Jose Creek Water Reclamation Plant (1965 Workman Mill Road, Industry). Wastewater that exceeds the capacity of that facility and all sludge are diverted to and treated at the CSDLAC’s Joint Water Pollution Control Plant (24501 South Figueroa Street, Carson). The facility provides both primary and secondary treatment for approximately 320 million gallons of wastewater per day. 4.10.1.3 Local Setting Existing utilities located in the general project area include, but are not necessarily limited to: (1) Sewer – an existing 8-inch diameter VCP line draining in a southerly direction along Morning Sun Avenue and westerly on Sheppard Hills Road; (2) Water – an existing 6-inch diameter AC pipe serving Morning Sun, Sheppard Hills, and Chapel Drive and connecting to an existing 12- inch diameter line in Walnut Lead Drive (portions of the 6-inch line in Morning Sun Avenue have been abandoned and replaced with a temporary 2-inch diameter galvanized line located along the west side of the road) and an existing 12-inch diameter AC line serving Lakrstone Drive and extending to Black Hawk Drive; (3) Sewer – an existing 8-inch diameter VCP line draining in a westerly direction towards Black Hawk Drive.1 The Applicant has submitted and the Lead Agency has independently reviewed a sewer area study. That study, entitled “Sewer System Analysis for South Pointe West” (Dexter Wilson 1/ Vicente Geotechnical Services, Penco Engineering, Inc., and Parker & Covert, South Pointe West Property Bid Package, January 28, 2004, Section 6, p. 11. August 2006 Draft Environmental Impact Report Page 4.10-2 Section 4.10: Utilities and Service Systems South Point West City of Diamond Bar, California Engineering, Inc., February 10, 2006), in combination with the City’s independent analysis, serves, in part, as the basis for this environmental analysis. Additional information concerning the existing sanitary sewer system and the project’s potential impacts thereupon is presented in Appendix II-H (Sewer Area Study). 4.10.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant utilities and service system impact if the project or if project-related activities were to: ♦ Exceed wastewater treatment requirements of the RWQCB. ♦ Require or result in the construction of new water facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. ♦ Require or result in the construction of new wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. ♦ Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects. ♦ Require new or expanded water supply entitlements and resources. ♦ Result in a determination by the wastewater treatment provider which serves or may serve the project that it has inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments. ♦ Be served by a landfill with insufficient permitted capacity to accommodate the project’s solid waste disposal needs. ♦ Fail to comply with federal, State, and local statutes and regulations related to solid waste.2 The Lead Agency has not identified other applicable or potentially applicable standards for utilities and service services that can appropriately be extracted from other related policy or other environmental documents and used as the basis for assessing the potential significance of project-related and cumulative environmental impacts. 4.10.3 IMPACT ANALYSIS Construction Impacts During construction, project-related impacts on existing City and CSDLAC facilities are considered to be de minimus. As such, no construction-term wastewater impacts have been identified and addressed herein. Operational Impacts Operational Impact 10-1. The project’s residential and recreational components are projected to generate about 26,208 gallons of wastewater per day (0.26 mgd). Applying a peaking factor of 2.7, the peaked flow rate would be about 70,762 gallons of wastewater per day (0.7 mgd). 2/ Ibid., Section XVI (Utilities and Service Systems). Draft Environmental Impact Report August 2006 Section 4.10: Utilities and Service Systems Page 4.10-3 South Pointe West City of Diamond Bar, California Level of Significance before Mitigation: Less than Significant For planning purposes, for single-family residences, the CSDLAC has formulated average wastewater generation rates for a variety of land uses. The CSDLAC projects that each single- family dwelling unit will generate approximately 260 gallons per day (gpd) of wastewater. Based on that generation rate, the project’s 99 dwelling units are projected to generate approximately 25,740 gpd of wastewater. Wastewater generation rates, as formulated by the CSDLAC, for park areas are based on the square footage of structures and the nature of park improvements (i.e., 100 gallon/day per 1,000 square feet of structures and improvements). Since the precise nature of those structures and improvements has not been determined, only generalized estimates of wastewater generation attributable to the proposed neighborhood park area can be provided. For planning purposes, for park facilities, a sewage generation rate of 100 gallons/day/acre is assumed. Assuming 4.68 gross acres of parkland, an estimated 468 gpd of wastewater would be generated. Combined residential and recreational wastewater generation is, therefore, estimated at 26,208 gpd or 0.26 million gallons per day (mgd). Peak daily flow rates would be expected to be higher and would serve as the basis for facility planning. Applying a peaking factor of 2.7, the peak flow rate would be about 70,762 gpd (0.71 mgd) or 49.1 gallons per minute (gpm). The sewer area study assumed an average daily sewer flow factor of 100 gallons per day per person, an occupancy rate of 2.89 persons per dwelling, and a peak factor of 2.5. Based on those assumptions and assuming no additional generation associated with the proposed park acreage, peak projected flow was estimated to be 70,805 gpd (0.71 mgd) or 49.1 gpm. The project is projected to have three service connection points to the existing sewer system. Two service connections will be made to the existing sewer system west of the property and one connection will be made to the existing sewer system located to the north of the property. The first connection is proposed to an existing 8-inch diameter sewer line located in Morning Sun Avenue. The second service connection, which will serve only two new residential units, is proposed to the existing 8-inch diameter sewer line located in Shepherd Hill Drive. The third service connection, which will serve only three new residential units and the park area, is proposed to the existing 8-inch diameter sewer line located in Larkstone Drive. In accordance with the County’s minimum requirements, the proposed on-site gravity sewer system will be comprised of 8-inch diameter pipe. The project generally gravity flows sewage toward the west portion of the property. The wastewater flow originating from the proposed project will discharge to a local sewer line, which is not maintained by the CSDLAC, for conveyance to the CSDLAC's District No. 21 Outfall Trunk Sewer, located in Fairway Drive south of San Jose Avenue. This 30-inch diameter trunk sewer has a design capacity of 22.2 mgd and conveyed a peak flow of 12.3 mgd when last measured in 2005. The sanitary sewer system was analyzed up to approximately ½ mile west of the project site and terminates at a 10-inch existing truck sewer located north of Colima Road. From there, the collector sewer conveys flows northward across the SR-60 (Pomona) Freeway to a connection with the CSDLAC truck sewer. The existing sewer system has adequate capacity to accommodate flows from the project. Peak flows in the system, including flows from the project, have acceptable depth-to-diameter ratios, with the greatest depth-to-diameter ratio being 0.29. August 2006 Draft Environmental Impact Report Page 4.10-4 Section 4.10: Utilities and Service Systems South Point West City of Diamond Bar, California The CSDLAC are authorized to charge a fee for the privilege of connecting (directly or indirectly) to the District’s sanitary sewer system or increasing the existing strength and/or quantity of wastewater attributable to a particular parcel or operation already connected. This connection fee is required to construct incremental expansions of the sewerage system to accommodate project-related demands. Payment of the connection fee is required prior to the issuance of a permit to connect to the sewer line. As stipulated in the County Code, no sewer construction permit shall be issued until the County Engineer (Section 20.32.040) and the Public Works Director (Section 20.32.420) has approved the project’s final sewer plans. As further stipulated in the Municipal Code, no sewer construction permit shall be issued until the City Engineer has checked and approved the plans (Section 13.00.640) and a sewer construction permit may be issued (Section 13.00.1200). Since adequate provisions exist under the County Code and since none of the threshold criteria would be exceeded, the identified operational impact would be less than significant and no project conditions or mitigation measures are recommended or required. Cumulative Impacts Cumulative Impact 10-2. Implementation of the proposed project and other related projects would impose cumulative impacts on those sewage collection and disposal facilities located in the general project area. Level of Significance before Mitigation: Less than Significant CSDLAC facilities are sized and improvements phased to serve population and economic development in accordance with forecasts adopted in SCAG. Projects that are consistent with SCAG growth forecasts can, therefore, be served by existing and planned CSDLAC facilities. In order to fund planned improvements, each new project within the County is required to pay connection fees to the CSDLAC. These fees are used to finance future expansions and upgrades to the regional trunk sewer system and wastewater treatment facilities. At the project-specific level, local agencies require project proponents to assess the impacts of proposed projects on existing sewer facilities, on an as-needed basis. Those analyses are conducted to identify any site-specific or project-specific improvements that may be required to the local and/or County sewer system that may be needed to handle increased sewage flows attributable to each project. As required, all related projects must construct any requisite local wastewater improvements needed to handle their respective flows. Based on those related project-specific obligations, cumulative impacts on areawide and localized wastewater collection and disposal facilities are, therefore, not projected to manifest at a significant level. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. 4.10.4 PROJECT CONDITIONS AND MITIGATION MEASURES ƒ No project conditions or mitigation measures have been identified by the Lead Agency. Draft Environmental Impact Report August 2006 Section 4.10: Utilities and Service Systems Page 4.10-5 South Pointe West City of Diamond Bar, California 4.10.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS The approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related or cumulative sanitary sewer system impacts. August 2006 Draft Environmental Impact Report Page 4.10-6 Section 4.10: Utilities and Service Systems South Point West City of Diamond Bar, California 4.11 CULTURAL RESOURCES 4.11.1 ENVIRONMENTAL SETTING 4.11.1.1 Regulatory Setting Tribal Consultation Guidelines With regards to California Native American traditional tribal cultural places,1 Senate Bill (SB) 18 (Burton), as approved by the California Governor on September 29, 2004, stipulates that, subject to the limitations outlined therein, certain tribal consultation and notice requirements shall apply to local governments when adopting or amending general and specific plans. As specified in SB 18 (Traditional Tribal Cultural Places) and as outlined in the Governor’s Office of Planning and Research’s “Supplement to General Plan Guidelines – Tribal Consultation Guidelines” (State of California, April 15, 2005) (Tribal Consultation Guidelines), prior to adoption or amendment of a general or specific plan, the local government must: (1) notify the appropriate California Native American tribe 2 of the opportunity to conduct consultation for the purpose of preserving or mitigating impacts to cultural places; (2) refer the proposed action to those tribes that are on the NAHC contact list that have traditional lands within the agency’s jurisdiction; and (3) send notice of a public hearing, at least ten days prior to the hearing, to tribes that have filed a written request for such notice. As stipulated in the Tribal Consultation Guidelines: “Government Code §65352.3 requires local governments to consult with tribes prior to the adoption or amendment of a general plan or specific plan proposed on or after March 1, 2005. Local governments should consider the following when determining whether a general plan or specific plan adoption or amendment is subject to notice and consultation requirements: In the case of an applicant-initiated plan proposal, if the local government accepts a complete application (as defined in Government Code §65943) on or after March 1, 2005, the proposal is subject to Government Code §65352.3.”3 Pursuant to Section 65352.3 of the CGC, only if a tribe is identified by the NAHC and the tribe requests consultation after being contacted by a local government, must the local government consult with the tribe on the plan proposal. On October 10, 2005, the Department submitted to the NAHC a “local government tribal consultation list request” (Appendix I-A), requesting a list of California Native American tribes with whom the City needed to provide notice. Although the NAHC did not formally provide the City with a written contact list of those tribes groups with traditional lands or cultural places 4 1/ SB 18 refers to Sections 4097.9 and 5097.995 of the PRC to define cultural places: Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shrine (Section 5097.9) and Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historic Resources pursuant to Section 5024.1, including any historic or prehistoric ruins, any burial ground, any archaeological or historic site (Section 5097.995). 2/ SB18 defines the term “California Native American tribe” as “a federally recognized California Native American tribe or a non-federally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission.” “Federal recognition” is a legal distinction that applies to a tribe’s rights to a government-to-government relationship with the federal government and eligibility for federal programs (Tribal Consultation Guidelines, p. 6). 3/ State of California, Supplement to General Plan Guidelines – Tribal Consultation Guidelines, April 15, 2005, p. 12. 4/ Sections 5097.9 and 5097.995 of the Public Resources Code define “cultural places” as a “Native American sanctified cemetery, place of worship, religious or ceremonial site, or sacred shine” (Section 5097.9) and a Draft Environmental Impact Report August 2006 Section 4.11: Cultural Resources Page 4.11-1 South Pointe West City of Diamond Bar, California within or potentially within the City’s jurisdiction, a number of tribal organizations, including the, Gabrieleno/Tongva Tribal Council, the Gabrielino/Tongva Council/Gabrielino Tongva Nation, and the Gabrielino Band of Mission Indians of California, were provided copies of the NOP and Initial Study (Appendix I-A) and notice of the pre-circulation scoping meeting (Appendix I-B). No response was provided to the City by the NAHC or by any of the tribal groups that were notified. Society of Vertebrate Paleontology Guidelines Paleontological resources are the fossilized remains of animals and plants, are typically found in sedimentary rock units, and provide information about the evolution of life on earth. The Society of Vertebrate Paleontology (SVP) has developed “Standard Guidelines for the Assessment and Mitigation of Adverse Impacts to Nonrenewable Paleontologic Resources.” As specified therein: “Vertebrate fossils are significant nonrenewable paleontological resources that are afforded protection by federal, state and local environmental laws and guidelines. The potential for destruction or degradation by construction impacts to paleontological resources on public lands (federal, state, county, or municipal) and land selected for development under the jurisdiction of various governmental planning agencies is recognized. Protection of paleontological resources includes: (a) assessment of the potential property to contain significant nonrenewable paleontological resources which might be directly or indirectly impacted, damaged or destroyed by development, and (b) formulation and implementation of measures to mitigate adverse impacts, including permanent preservation of the site and/or permanent preservation of salvaged materials in established institutions.”5 The SVP guidelines distinguish between archaeological and paleontological resources. As indicated therein, the boundaries of archaeological sites define the areal extent of the resource. Paleontological sites, however, indicate that the containing sedimentary rock unit or formation is fossilferous. The limits of the entire rock formation, both areal and stratigraphic, therefore, define the site’s paleontologic resource potential. City of Diamond Bar Municipal Code Although the City’s General Plan does not include policies directly related to cultural resources, there are a number of policies that can be interpreted as indirectly relating to cultural resources. Those policies include, but are not necessarily limited to, the following: ƒ Balance the retention of the natural environment with its conversion to urban form (Strategy 3.3.1, Land Use Element). ƒ New development should include the preservation of significant trees of cultural or historic value (Strategy 1.1.12, Resource Management Element). There are no specific policies, ordinances, or standards specifically addressing the preservation of cultural resources within the City’s Municipal Code. “Native American historic, cultural, or sacred site, that is listed or may be eligible for listing in the California Register of Historic Resources pursuant to Section 5024.1, including any historic or prehistoric ruins, any burial ground, any archaeological or historic site” (Section 5097.995). 5/ Society of Vertebrate Paleontology, Standard Guidelines for the Assessment and Mitigation of Adverse Impacts to Nonrenewable Paleontologic Resources, 2005. August 2006 Draft Environmental Impact Report Page 4.11-2 Section 4.11: Cultural Resources South Point West City of Diamond Bar, California 4.11.1.2 Regional Setting Culturally the project area is part of the region occupied by an indigenous people known ethnographically as the Tongva/Gabrielino.6 These were a Takic Uto-Aztecan (Shoshonean) speaking people who shared cultural affinities with a number of other ethnic groups in southern California (Cahuilla, Serrano, Luiseno, Juaneno, and Fernandeno). The term Gabrielino is a reference to the direct association between the Native American population of the San Gabriel Valley and the Mission San Gabriel de Archangel (Mission San Gabriel). The Mission San Gabriel was originally located in the Whittier-Narrows area but was relocated after its founding due to unstable ground along the Rio Hondo/San Gabriel channels. Mission San Gabriel serviced the entire San Gabriel Valley, ranging from the coat to the San Gabriel/San Bernardino Mountains and from northern Los Angeles County to just north of San Juan Capistrano. Although the Tongva/Gabrielino Nation is not presently a federally recognized tribe, California recognized the Gabrieleno/Tongva Nation in 1994. The Gabrieleno/Tongva Nation traditionally occupied the entire Los Angeles Basin and the islands of Santa Catalina, San Nicholas, and San Clemente, from Topanga Canyon to Laguna Beach, from the San Gabriel Mountains to the sea, in most of what is now Los Angeles and Orange Counties. The earliest known records of European contact with southern California Native Americans dates from the mid-1500’s and is associated with early Spanish exploration. Personal contact generally dates from the first land expedition led by Gaspar de Portola in 1769. Portola traveled through what is now Orange County and entered what is now Los Angeles County on July 30, 1769 by crossing the Puente Hills and camping on the banks of San Jose Creek. In 1775-1776 when Father Francisco Garcés, a Franciscan monk, traversed the Mojave Desert and entered coastal southern California through the Cajon Pass. In the 1770’s, the Spanish, under the direction of Junipero Serra, began the process of establishing a series of missions throughout the area then termed “Alta California.” The general project area is located within the boundaries of lands historically held by the Mission San Gabriel. Mission San Gabriel continued to hold these lands until 1824 when the Mexican government declared its independence from Spain and issued orders for the secularization of the missions. By 1833-1834, the majority of mission lands were taken from the Catholic Church and granted to individuals who had served as either Spanish or Mexican soldiers, settlers, or financiers. The Mexican government hoped to initiate a pattern of settlement in Alta California by relocating populations from Mexican settlements to California settlements. Because the Gabrielino/Tongva culture disintegrated soon after contact with Europeans, little is known of the group’s way of life. Much of the available ethnographic information about the Gabrielino/Tongva is from the letters of Hugo Reid (originally published in a Los Angeles newspaper in the 1850’s), a Scottish settler who married a Gabrielino/Tongva woman and observed their way of life throughout the early 1850’s.7 The available information concerning the Gabrielino has been summarized in the Smithsonian Institute’s “Handbook of North American Indians, Volume 8.”8 6/ “Gabrielino” is a reference to the direct association between the Native American population of the San Gabriel Valley and the Mission San Gabriel de Archangel (Mission San Gabriel). Mission San Gabriel was originally located in the Whittier Narrows area but was relocated shortly after its founding because of unstable ground along the Rio Hondo/San Gabriel River channel. Mission San Gabriel served the entire San Gabriel Valley. 7/ Heizer, Robert F. (ed.), The Indians of Los Angeles County: Hugo Reid's letters of 1852, reprinted 1968. 8/ Bean, L.J. and Smith, C.R., Handbook of North American Indians, Volume 8 (California), Gabrielino, 1978, pp. 538-549. Draft Environmental Impact Report August 2006 Section 4.11: Cultural Resources Page 4.11-3 South Pointe West City of Diamond Bar, California 4.11.1.3 Local Setting An extensive cultural resource assessment of the project area, including both a literature search and field reconnaissance survey, was conducted as part of and included in the SPMP FEIR. With regards to archaeological resources, the records search failed to indicate the presence of any recorded historic or prehistoric resources within the boundaries of the approximately 171- acre SPMP area. The results of the field reconnaissance were also negative. As a result, the SPMP FEIR concluded that development activities within that larger planning area would not result in any significant impacts to either prehistoric or historic resources. No information has been developed since that time that would alter those findings. As described in the “Supplemental Geotechnical Investigation and Preliminary Grading Study Review, South Pointe Residential Development, Diamond Bar, California” (Harrington Geotechnical Engineering, Inc., September 29, 2004), bedrock underlying the site is mapped as the Soquel Member of the Puente Formation, a marine sedimentary rock of Miocene age. With regards to paleontological resources, the literature search and field survey resulted in the discovery of whale bones, fish scales, and plant debris at several localities in the Soquel Member and fish at several localities in the La Vida Member of the Puente Formation. The rock units then exposed on the project site were considered to be of high paleontological sensitivity and known to contain fossils. As mitigated, however, the document concluded that the site could be developed while still protecting any paleontological resources that might be located thereupon. The mitigation states: “No additional mitigation measures are necessary prior to the initiation of grading operations. Upon initiation of those activities, a paleontological grading observation schedule by a certified paleontologist shall be maintained when grading in bedrock units to further evaluate the fossil resources of the site. Salvage operations shall be initiated and coordinated with the project applicants if significant concentrations of fossils are encountered.” The Applicant has submitted and the Lead Agency has independently reviewed a project- specific paleontological resource evaluation, entitled “Paleontological Resource Evaluation Update in Support of Development of South Pointe West Parcel (Vesting Tentative Tract Map No. 063623), Diamond Bar, Los Angeles County, California” (Paleo Environmental Associates, October 5, 2005). That report, in combination with the City’s independent analysis, serve as the basis for this environmental analysis. Additional information concerning the site’s existing paleontological resources and the project’s potential impacts upon those resources is provided in Appendix II-I (Paleontological Resource Evaluation). As mapped by the Dibblee Geological Foundation, as illustrated in Figure 4.3-11 (Geologic Map for a Portion of the Yorba Linda/Prado Dam Quadrangles), the project site is underlain by the late Miocene Soquel Sandstone Member of the Monterey Formation. The Soquel Sandstone Member has yielded abundant fossilized tests of extinct species of marine benthic foraminifers of upper Mohnian age, the fossilized remains of extinct species of marine clams, sharks, fish, and mammals, and the petrified wood of extinct plant species. The presence of upper Mohnian marine benthic foraminiferal species suggest that the marine microfossil assemblages are of early to late Miocene age. The project site was physically inspected by a certified paleontologist on October 4, 2005. No fossil remains or fossil sites were identified on the project site during that inspection. The apparent absence of any fossil remains or fossil sites most likely reflects the near lack of exposed sandstone. August 2006 Draft Environmental Impact Report Page 4.11-4 Section 4.11: Cultural Resources South Point West City of Diamond Bar, California 4.11.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant cultural or paleontological resource impact if the project or if project- related activities were to:  Cause a substantial adverse change in the significance of a historic resource as defined in Section 15064.5 of the State CEQA Guidelines.  Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the State CEQA Guidelines.  Disturb any human remains, including those interred outside of formal cemeteries.  Directly or indirectly destroy a unique paleontological resource, site, or unique geologic feature.9 Paleontological resources determined to be significant are fossils or assemblages of fossils that are unique, unusual, rare, uncommon, and diagnostically or stratigraphically important and/or those adding substantially to the existing body of knowledge in specific areas, stratigraphically, taxonomically, and/or regionally. The Lead Agency has not identified other applicable or potentially applicable standards that can appropriately be extracted from other related policy or other environmental documents and used as the basis for assessing the potential significance of project-related and cumulative cultural resources impacts. 4.11.3 IMPACT ANALYSIS Construction Impacts Construction Impact 11-1. Construction activities can result in the irretrievable loss or damage to any prehistoric, historic, or paleontological resources that may exist within the area of proposed disturbance. Level of Significance before Mitigation: Significant unless Mitigation Incorporated No historic or prehistoric resources have been identified on the project site or are likely to exist thereupon. Earth-moving activities associated with the project’s development could, however, result in the loss of paleontological resources from the Soquel Sandstone Member. These resources include fossil remains, associated specimen data and corresponding geologic and geographic site data, and an undetermined number of fossil sites. The loss of resources, if any, would constitute a significant adverse paleontological resource impact. A number of mitigation measures (Mitigation Measure 11-1 and Mitigation Measure 11-2) have been formulated in order to reduce the project’s potential impact of earth-moving activities on the site’s paleontogical resources. Implementation of those measures would reduce potential paleontological resource impacts to a less-than-significant level by allowing for the recovery of some of the fossil remains that might be exposed by those activities. 9/ Op. Cit., State CEQA Guidelines, Appendix G, Section V (Cultural Resources). Draft Environmental Impact Report August 2006 Section 4.11: Cultural Resources Page 4.11-5 South Pointe West City of Diamond Bar, California Operational Impacts No additional operational impacts on cultural resources have been identified. Cumulative Impacts Cumulative Impact 11-2. Grading activities conducted on other sites located within the general project area could result in impacts to any historic or prehistoric resources that may be located thereupon. In addition, any earth-moving activities conducted on undisturbed sites containing the Soquel and La Vida Members of the Puente Formation could result in the loss of recoverable paleontological resources. Level of Significance before Mitigation: Less than Significant All cumulative project activities remain subject to site-specific environmental review and must fully conform to and comply with all applicable local, State, and federal requirements. Compliance with those requirements will ensure that all related project-specific and cumulative impacts upon prehistoric, historic, and paleontological resources are mitigated to a less-than-significance level. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 4.11.4 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions ƒ No project conditions have been identified by the Lead Agency. Mitigation Measures ƒ Mitigation Measure 11-1. Prior to the issuance of a grading permit, the Applicant shall submit and the Director shall approve a mitigation program, prepared by a paleontologist approved by the City and the Vertebrate Paleontology Department of the Natural History Museum of the Los Angeles County (LACM), to be implemented during earth-moving activities. The paleontologist shall develop a formal agreement with a recognized museum repository regarding: (1) the final disposition and permanent storage and maintenance of any fossil remains that might be recovered as a result of the mitigation program; (2) the archiving of associated specimen data and corresponding geologic and geographic site data; and (3) the level of treatment (preparation, identification, curation, cataloging) of the remains that would be required before the mitigation program fossil collection would be accepted by the repository for storage. ƒ Mitigation Measure 11-2. Rough grading activities shall be monitored by a paleontologic construction monitor and shall include the inspection of fresh exposures that are created by grading, trenching, and other earth-moving activities in areas underlain by previously undisturbed rock. Monitoring shall allow for the recovery of large fossil remains, if uncovered, and for the recording of associated fossil specimens and site data. If appropriate, monitoring shall also include periodic dry test screening of debris to allow for the recovery of small fossil remains. Initially, monitoring shall be conducted on a half-time basis. If fossil remains are found, monitoring shall be August 2006 Draft Environmental Impact Report Page 4.11-6 Section 4.11: Cultural Resources South Point West City of Diamond Bar, California increased, as determined by the Director, in the vicinity of the fossil site and within the stratigraphic interval containing the site. Conversely, if no or only few fossil remains are recovered as a result of monitoring after approximately 50 percent of the earth moving activities have been completed in areas underlain by previously undisturbed rock, the Director may authorize a reduction or cessation of monitoring activities. The monitor shall have the authority to divert any earth-moving activity temporarily away from the fossil site until the fossil remains have been evaluated and, if warranted, recovered. As soon as practical, the monitor shall recover all vertebrate fossils specimens and representative samples of invertebrate and plant fossils. All fossil specimens recovered from the property as a result of the monitoring program shall be treated (prepared, identified, curated, catalogued) in accordance with designated museum repository requirements. If warranted, small samples of rock shall be submitted to commercial laboratories for micro-fossil or other analysis. The monitor will maintain daily monitoring logs that note the locations where monitoring was conducted and the fossil specimens recovered and shall record associated specimen data and corresponding geologic and geographic site data. A final technical report, prepared in accordance with Society of Vertebrate Paleontology (SVP) guidelines, and City requirements, summarizing the results of the monitoring program shall be submitted to and approved by the Director. 4.11.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS As mitigated, the approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related or cumulative cultural or paleontological resource impacts. Draft Environmental Impact Report August 2006 Section 4.11: Cultural Resources Page 4.11-7 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.11-8 Section 4.11: Cultural Resources South Point West City of Diamond Bar, California 4.12 AESTHETICS As indicated in the previously certified SPMP FEIR, with regards to the larger development project examined therein, the Lead Agency had previously concluded that certain impacts could not be mitigated to a less-than-significant level. Among those impacts, the Lead Agency concluded that landform alterations in the vicinity of grading activities and required to create the building pads and systems for development activities constituted an unavoidable adverse impact. Based, in part, upon those earlier findings, the focus of this analysis is on the physical change to the project site associated with the proposed landform alterations and the property’s conversion from an undeveloped parcel to a residential and recreational land use. This aesthetic analysis does not specifically address the lot placement and architectural styles of the proposed dwelling units and park improvements, the proposed fence and wall details, or the proposed landscape plans for the residential area, engineered open space, fuel modification zone, and neighborhood park site. This analysis does, however, provide an appropriate level of detail for informed action by the project’s decisionmakers. The design-level details that are not specifically addressed herein are not projected to result in significant aesthetic impacts. 4.12.1 ENVIRONMENTAL SETTING 4.12.1.1 Regulatory Setting In accordance with Section 21000(b) of CEQA, “[i]t is necessary to provide a high-quality environment that at all times is healthful and pleasing to the senses and intellect of man.” Pursuant to Section 21001(b) of CEQA, it is the policy of the State to “[t]ake all actions necessary to provide the people of this State with clean air and water, enjoyment of aesthetics, natural, scenic, and historic environmental qualities, and freedom from excessive noise.” Based on these declarations, the issue of aesthetics or, more specifically, project-related impacts on visual resources, is an important element of environmental review. Scenic Highway System The State Scenic Highway System includes a list of highways that are either eligible for designation as scenic highways or have been so designated. These highways are identified in Section 263 of the California Streets and Highways Code (S&HC). The status of a State Scenic Highway changes from “eligible” to officially “designated” when the local jurisdiction adopts a scenic corridor protection program, applies to Caltrans for scenic highway approval, and receives notification from Caltrans that the highway has been designated as a scenic highway. As indicated in Section 263.4 of S&HC, the State Scenic Highway system shall include “Route 57 from Route 90 to Route 60 near Industry.” That segment of the SR-57 Freeway between the SR-57/SR-60 Freeway interchange southward to the southern boundary of the County of Los Angeles, however, remains only an “eligible” State Scenic Highway (Not Officially Designated) pending the adoption of a City or County scenic corridor protection program. No such program has yet to be adopted by either the City or by the County. The County has, however, initiated a comprehensive update to the “County of Los Angeles General Plan.” The County’s “Draft Scenic Highways” plan (undated), included as part of the Los Angeles County General Plan Update Program, identifies that portion of the SR-57 Freeway between the SR-60 Freeway and the southern border of the County as a “proposed scenic highway.” Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-1 South Pointe West City of Diamond Bar, California City of Diamond Bar General Plan The General Plan includes a number of policies that address, either directly or indirectly, visual resources and which may be applicable at the project level. Relevant policies include, but may not be limited to, the following: ƒ Maintain residential areas which protect natural resources, hillsides, and scenic areas. (a) Development in hillside areas should be designed to be compatible with surrounding natural areas, compatible to the extent practical with surrounding development, aesthetically pleasing, and provide views from development, but not at the expense of views of the development. (b) Earthwork in hillside areas should utilize contour or landform grading. (c) Minimize grading to retain natural vegetation and topography (Strategy 1.2.3, Land Use Element). ƒ Require that new developments be designed so as to respect the views of existing development; provide view corridors which are oriented toward existing or proposed community amenities, such as park, open space, or natural features (Strategy 2.2.4, Land Use Element). ƒ Create visual points of interest as a means of highlighting community identity (Objective 3.1, Land Use Element). ƒ Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design (Objective 3.2, Land Use Element). ƒ Within the urban residential portions of the City, require the incorporation of open space and recreational areas into the design of new projects. Within topographically rugged and rural areas, emphasize the preservation of natural landforms and vegetation (Strategy 3.2.1, Land Use Element). ƒ Promote incorporation of hillside features into project designs (Strategy 3.3.2, Land Use Element). ƒ Limit grading to the minimum necessary (Strategy 3.3.4, Land Use Element). ƒ Require that all manufactured slopes be landscaped and that, where practical, landform grading and planting techniques be implemented in the construction of manufactured slopes. (a) Foliage used in planting palettes should be drought tolerant, fire resistant, and have colors similar to those of native materials in the surrounding area. (b) Within landform graded slopes, plants should be grouped within swale areas to more closely reflect natural conditions (Strategy 3.3.5, Land Use Element). ƒ Require contour or landform grading, clustering of development, or other means to minimize visual and environmental impacts to ridgelines or prominent slopes (Strategy 1.1.1, Resource Management Element). ƒ To the greatest extent possible, require that dwelling units, structures and landscaping be sited in a manner which protects views from existing development, retains opportunities for views from dwellings, preserves or enhances vistas, particularly those seen from public places, preserves mature trees, natural hydrology, native plant materials, and areas of visual interest, permit removal of vegetation as part of a City or Fire District approved fuel modification program (Strategy 1.1.7, Resource Management Element). ƒ Utilize grading permit procedures to ensure that site designs for development proposals for hillside areas conform to the natural terrain, and consider the visual aspects (Strategy 1.1.8, Resource Management Element). August 2006 Draft Environmental Impact Report Page 4.12-2 Section 4.12: Aesthetics South Point West City of Diamond Bar, California City of Diamond Bar Municipal Code The City’s Municipal Code contains a number of regulations that, either directly or indirectly, could have an influence on the visual character of the proposed residential and recreational development. Those ordinances that appear most applicable to the proposed project are outlined below: ƒ View Preservation. As indicated in Section 22.16.130 (View Protection) in Chapter 22.16 (General Property Development and Use Standards) in the Municipal Code: (1) the development of new projects shall respect the views of existing residential uses; new structures shall be located in a manner that preserves views by creating view corridors; (2) new developments that are within the viewshed of existing residential uses shall be kept as low as possible to reduce or eliminate the possibility of blocking views; and (3) in reviewing projects with potential view blockage impacts, the council, commission, or director shall refer to the view protection guidelines in the City's "Citywide design guidelines" manual. ƒ Hillside Management and Development. Chapter 22.22 (Hillside Management) of the Municipal Code establishes regulations for development within hillside areas and establishes regulations and guidelines to ensure that development will complement the character and topography of hillside areas. Specifically, the City desires the application of good hillside planning techniques and the use of landform grading and revegetation in the implementation of hillside projects. As specified in Section 22.22.010, the City’s hillside management provisions establish regulations within hillside areas designed to: (1) preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the City; (2) maintain an environmental equilibrium consistent with the native vegetation, animal life, geology, slopes, and drainage patterns; (3) facilitate hillside preservation through appropriate development standards and guidelines of hillside areas; the guidelines are intended to provide direction and encourage development which is sensitive to the unique characteristics common to hillside properties, which include slopes, land form, vegetation and scenic quality; innovation in design is encouraged as long as the end result is one which respects the hillside and is consistent with the purposes expressed in this section and in the goals and objectives of the General Plan; (4) ensure that development in the hillside areas shall be concentrated in those areas with the least environmental impact and shall be designed to fit the existing land form; (5) preserve, where possible, significant features of the natural topography, including swales, canyons, streams, knolls, ridgelines, and rock outcrops; development may necessarily affect natural features by, for example, roads crossing ridgelines; therefore, a major design criterion shall be the minimization of such impacts; (6) provide a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas, with minimum disturbance to the undeveloped terrain; (7) correlate intensity of development with the steepness of terrain in order to minimize the impact of grading, unnecessary removal of vegetation, land instability, and fire hazards; (8) provide in hillsides alternative approaches to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hill areas; and (9) encourage the planning, design and development of sites that provide maximum safety with respect to fire hazards, exposure to geological and geotechnic hazards, drainage, erosion and siltation, and materials of construction; Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-3 South Pointe West City of Diamond Bar, California provide the best use of natural terrain; and to prohibit development that will create or increase fire, flood, slide, or other safety hazards to public health, welfare, and safety. Under City procedures, a conditional use permit (CUP) is required for hillside development. As outlined in Section 22.22.150 (Evaluation of Conditional Use Permit Application) of the Municipal Code, the Commission shall evaluate a CUP application for hillside development based on the following objectives: (1) the preservation of natural topographic features and appearances by means of landform grading so as to blend man-made or manufactured slopes into the natural topography; (2) the preservation of natural topographic features and appearances through restrictions on successive padding and terracing of building sites; (3) the retention of major natural topographic features, drainage courses, steep slopes, watershed areas, vernal pools, view corridors, and scenic vistas; (4) the preservation and enhancement of prominent landmark features, significant ridgelines, natural rock outcroppings, protected trees and woodlands, and other areas of special natural beauty; (5) the utilization of varying setbacks, building heights, foundation designs and compatible building forms, materials, and colors which serve to blend buildings into the terrain; (6) the utilization of clustered sites and buildings on more gently sloping terrain so as to reduce grading alterations on steeper slopes; (7) the utilization of building designs, locations, and arrangements which serve to avoid a continuous intrusive skyline effect and which afford view privacy and protection; (8) the preservation and introduction of plant materials so as to protect slopes from soil erosion and slippage and minimize the visual effects of grading and construction of hillside areas; and (9) the utilization of street designs and improvements which serve to minimize grading alterations and harmonize with the natural contours and character of the hillsides. ƒ Outdoor Lighting. As specified in Section 22.16.050(e) of the Municipal Code, the following standards shall apply to the lighting of outdoor recreational courts: (1) light fixtures shall not be located closer than ten feet to the nearest property line; (2) fixtures shall be of a type that is rectangular on a horizontal plane; the outside of the fixture, arm, and supporting pole shall be coated with a dark, low reflectance material; (3) light fixtures shall not be located more than 18 feet from the court surface; (4) not more than one light fixture per 900 square feet of court surface is allowed, with a maximum of eight poles and fixtures per recreational court; (5) light fixtures shall be supported by an arm extending at least four feet from a support pole; (6) light fixtures shall be designed, constructed, mounted and maintained so that, with appropriate shielding, the light source is completely cut off when viewed from any point five feet or more beyond the property line; the incident light level at a property line shall not exceed one foot candle measured from grade to a height of 12 feet and the incident light level upon any habitable building on an adjacent property shall not exceed 0.05 foot candle; (7) recreational court lighting shall not be operated between 10:00PM and 7:00AM on weekdays and between 11:00PM and 7:00AM on Saturdays and Sundays; (8) in the event that an illuminated court surface is visible from another parcel, the court surface shall be treated with a low reflectance, dark-colored coating.; and (9) provisions of this subsection may be waived or modified through the approval of a minor conditional use permit in compliance with Chapter 22.56. ƒ Site Design Standards and Guidelines. Section 22.22.110(a) establishes the following site design standard: “The dimensions of a structure parallel to the direction of the slope shall be maximized in order to limit the amount of cutting and filling and to better fit the house to the natural terrain.” Section 22.22.110(b) establishes a number of August 2006 Draft Environmental Impact Report Page 4.12-4 Section 4.12: Aesthetics South Point West City of Diamond Bar, California specific site design guidelines, including: (1) design of building sites should be sensitive to the natural terrain; structures should be located in ways as to minimize necessary grading and to preserve natural features (e.g., knolls or ridgelines); (2) views of significant visual features as seen from both within and outside a hillside development should be preserved and the following provisions shall be taken into consideration: (a) dwellings should be oriented to allow view opportunities, even if views are limited. Residential privacy should not be unreasonably sacrificed, (b) any significant public vista or view corridor as seen from a secondary, collector, or major arterial should be protected and enhanced where feasible, and (c) over-emphasized vertical structures disrupt the natural silhouette of the hillside. Structures should fall below the top of ridge elevation; and (3) projects should incorporate variable setbacks, multiple orientations, and other site planning techniques to preserve open spaces, protect natural features, and offer views to residents. ƒ Architectural Standards and Guidelines. Ordinance-specified architectural standards and guidelines are presented in Section 22.22.120 (Architecture Standards) of the Municipal Code. Standards and guidelines for fences and landscaping are presented in Section 22.22.130 (Fences and Landscaping) and in Chapter 22.24 (Landscape Standards) therein. ƒ Development Review. The proposed development is subject to the City’s development review process, as outlined in Chapter 22.48 (Development Review) of the Municipal Code. The City’s development review process “establishes procedures for reviewing residential, commercial, industrial, and institutional development to facilitate review in a timely and efficient manner, and to ensure that development projects comply with all applicable design guidelines, standards, and minimize adverse effects on surrounding properties and the environment” (Section 22.48.010[a], Municipal Code). As indicated under Section 22.48.010(b), it is the purpose of the development review process to: (1) recognize the interdependence of land values and aesthetics and provide a method by which the city may implement this interdependence to its benefit; (2) encourage the orderly and harmonious appearance of structures and property within the city along with associated facilities (e.g., landscaping, parking areas, and signs); also encourage the orderly development of residences within areas more readily served by public services; (3) assist developers to understand the public's concerns for the aesthetics of development; (4) ensure that new developments, including residential, commercial, industrial and institutional, do not have an adverse aesthetic, health, safety or architecturally related impact on the community; (5) limit the impact of slopes on adjacent developed properties and limit construction in identified seismic or geologic hazard areas. Also, minimize the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of the terrain is retained; (6) preserve significant topographic features, including rock outcroppings, native plant materials and natural hydrology while also encouraging improved drainage from parcels directly to a street, storm drain or through public or private easements; (7) encourage the use of a variety of housing designs, split-level grading techniques, varied parcel sizes and densities, maintenance of views, and arrangement and spacing of units to accomplish adopted grading policies; (8) encourage the development of master planned projects which provide for the service needs of the residents of those projects; and (9) encourage use of energy conservation techniques in new developments. Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-5 South Pointe West City of Diamond Bar, California 4.12.1.2 Regional Setting The project site is located in southeastern Los Angeles County, within the area of the Puente Hills. With the exception of a limited number of large open space areas, such as the San Gabriel and Santa Monica Mountains, a substantial portion of the County has been allocated to a range of urban uses. Within the City, single-family development is the dominant land use. At the time of the General Plan’s adoption, residential uses comprised 51.7 percent of the City, vacant lands comprised 28.8 percent, and parks, recreational, and other open space lands comprised only 0.5 percent of the City’s acreage.1 As indicated in the City’s Housing Element, single-family homes account for 85 percent of the City’s nearly 18,000 total dwelling units while multi-family units, including condominiums and apartments, accounting for about 13 percent of the housing stock.2 South of the City, in unincorporated Los Angeles County, the areas within Brea and Tonner Canyons represents a large undeveloped area. A portion of that area includes a County- designated Significant Ecological Area (SEA 15: Tonner Canyon/Chino Hills). That and other adjoining areas are part of a proposed larger SEA (Puente Hills SEA), encompassing approximately 13,421 acres. About 353 acres of that proposed SEA is located within the City.3 No direct connectivity between the project site and either the existing or proposed SEA now exists. To the north and to east of the project site, the SR-60 (Pomona) and SR-57 (Orange) Freeways create wildlife mobility barriers to terrestrial species, respectively. Possible east-west linkages across the SR-57 Freeway may exist at both the Tonner Canyon and Brea Canyon Road underpasses. Both the project site and additional acreage located to the south and east of the subject property constitute a residual open space area generally surrounded by existing residential, institutional, and office professional uses. Although presently undeveloped, a substantial portion of the project site has been previously disturbed, both by remedial grading activities conducted in response to the May 1995 landslide and by previous soil stockpiling activities associated with the development of an adjoining residential area (Diamond Crest Estates) and construction of South Pointe Middle School. The Los Angeles Royal Vista Golf Course is located to the west of the project site but is physically separated from that public golf course by homes located along Morning Sun Avenue. Similarly, the project site is located south of South Pointe Middle School but is physically separated from that public middle school by Larkstone Drive. 4.12.1.3 Local Setting Aesthetic appreciation is determined “by the perceptual and judgmental processes of a human observer in interaction with the relevant features of the landscape; scenic beauty is in part ‘in the eye of the beholder’ but it also depends on the specific features of the landscape being viewed.”4 Elements within the landscape act as stimuli to which the human observer responds. 1/ City of Diamond Bar (Planning Network), Master Environmental Assessment, Table II-E-1. 2/ Op. Cit., City of Diamond Bar General Plan, Housing Element, p. 1-3. 3/ County of Los Angeles (PCR Services Corporation), Biological Resources Assessment of the Proposed Puente Hills Significant Ecological Area, November 2000, pp. 4-5. 4/ Daniel, T.C., Measuring the Quality of the Natural Environment: A Psychophysical Approach, Journal of American Psychological Association, 1990, Vol. 45(5), p. 634. August 2006 Draft Environmental Impact Report Page 4.12-6 Section 4.12: Aesthetics South Point West City of Diamond Bar, California As indicated by United States Department of Transportation, aesthetics “is the science of philosophy concerned with the quality of visual experience. We cannot meaningfully assess project impacts on visual experience unless we consider both the stimulus and the response aspects of that experience.”5 Indicators constitute those major physical elements that comprise the existing landscape. The identified indicators refer to those different environmental parameters that can be measured or observed and expressed in either quantitative or qualitative terms. Once defined, the project’s impacts can then be expressed by the physical changes to those indicators. As discussed in the SPMP FEIR, although other approaches to visual assessment have been formulated by other federal agencies (e.g., United States Forest Service, Federal Highway Administration) one widely utilized methodology for the assessment of visual impacts is the Bureau of Land Management’s (BLM) “visual resource management” (VRM) system. The VRM evaluation is based an assessment of the existing visual landscape and the potential changes to that landscape resulting from the project’s implementation. Based on the physical alterations that have occurred to the project site since certification of the SPMP FEIR, this assessment is not based upon nor does it presume the existence of the previous environmental setting (i.e., relatively undisturbed project site). As outlined in BLM’s “Visual Resource Management Program,”6 the VRM system evaluates the quality of existing scenery, takes into account the distance from which that scenery is viewed, and looks at peoples’ sensitivity to changes. Based on the nature of the proposed project and the in-fill location of the proposed project, viewing distances and individual sensitivities to alterations in the existing landscape have not been addressed as part of this analysis. The focus of this analysis is on the seven indicators that are identified in BLM’s rating procedure, including landform, vegetation, water, color, adjacent scenery, scarcity and cultural modifications. Each of these factors relates to a component of the visual landscape and collectively comprises the landform and the visual elements that exist thereupon, such that a physical change in the landform could also produce a change to the elements that collectively form the viewer’s cognitive impression of the landscape being viewed. In assessing the existing environmental setting and the subsequent visual changes to that landscape that may be associated with the proposed project’s implementation, the indicators contained in the VRM program can be qualitatively utilized to define and compare the resulting changes to the physical environments. As in the SPMP FEIR, the following seven indicators have again been used as a means of describing and comparing the pre- and post-project landscapes: landform, vegetation, water, color, adjacent scenery, scarcity, and cultural modifications. Each of those seven factors and their corresponding BLM-assigned ratings are presented in Table 4.12-1 (Scenic Quality Inventory/Evaluation Rating Criteria). The scores that are derived from the use of Table 4.12-1 (Scenic Quality Inventory/Evaluation Rating Criteria) are totaled to yield a categorization of an existing landscape under one of the three following “scenic quality classes”: (1) Class A (19-33 points) - combines the most outstanding characteristics of each rating factor; (2) Class B (12-18 points) - represents a mix of 5/ United States Department of Transportation, Visual Impact Assessment for Highway Projects, Federal Highway Administration, March 1981, p. 5. 6/ United States Department of Interior, Bureau of Land Management, Visual Resource Management Program, United States Department of the Interior, Washington, DC, 1980; United States Department of Interior, Bureau of Land Management, Visual Resource Inventory, BLM Manual Handbook H-8410 -1, January 17, 1986. Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-7 South Pointe West City of Diamond Bar, California some outstanding and some common features); and (3) Class C (1-11 points) - represents features common to the area). The BLM landscape rating procedure yields advantages to environmental decisionmakers by allowing a comparison between different landscapes. Through this comparison, differences between natural and built landscapes can be identified and considered. While yielding a numeric value to the scenic quality of the resulting physical changes, the BLM program does not provide a formal mechanism to assess the significance of any difference. Table 4.12-1 SCENIC QUALITY INVENTORY/EVALUATION RATING CRITERIA Feature Inventory/Evaluation Rating Criteria Landform 5. High vertical relief (e.g., prominent cliffs, spires or massive rock outcrops) or severe surface variation or highly eroded formations including major badlands or dune systems, or detailed features, dominant and exceptionally striking and intriguing. 3. Steep canyons, mesas, buttes, cinder cones and drumlins; or interesting erosional patterns or variety in size and shape of land forms, or detail features present and interesting though not dominant or exceptional. 1. Low rolling hills, foothills or flat valley bottoms. Interesting, detailed landscape features few or lacking. Vegetation 5. A variety of vegetative types in interesting forms, textures, and patterns. 3. Some variety of vegetation, but only one or two types. 1. Little or no variety or contrast in vegetation. Water 5. Clear and clean appearing, still, or cascading white water, any of which are a dominant factor in the landscape. 3. Flowing or still, but not dominant in the landscape. 0. Absent or not noticeable. Color 5. Rich color combinations, variety or vivid color; or pleasing contrasts in the soil, rock, vegetation, water or snow fields. 3. Some intensity or variety in colors and contrasts of the soil, rock and vegetation, but not a dominant scenic element. 1. Subtle color variations, contrast or interest, generally muted tones. Adjacent Scenery 5. Adjacent scenery greatly enhances visual quality. 3. Adjacent scenery moderately enhances overall visual quality. 0. Adjacent scenery has little or no influence on overall visual quality. Scarcity 6. One of a kind; or unusually memorable. Chance for exceptional wildlife or wildflower viewing. 2. Distinctive, though somewhat similar to others within the region. 1. Interesting within its setting, but fairly common within the region. Cultural Modifications 2. Free from aesthetically undesirable or discordant sights and influences or modifications add favorably to visual variety. 0. Scenic quality is somewhat depreciated by inharmonious intrusions, but not so extensively that they are entirely negated; or modifications add little or no visual variety to the area. -4. Modifications are so extensive that scenic qualities are mostly nullified or substantially reduced. Source: Bureau of Land Management, Visual Resource Management Program, 1980; Bureau of Land Management, Visual Resource Inventory, BLM Manual Handbook H-8410 -1, January 17, 1986. With regards to their presence on the project site, each of the seven visual quality indicators identified in the VRM system are individually described below. Although portions of the project site have been substantially altered based on the slope stabilization activities initiated in response to the May 1995 landslide, the visual character of the subject property must be examined in the context of the existing environmental setting and not that described in the SPMP FEIR or that which might have existed prior to the initiation of those activities. August 2006 Draft Environmental Impact Report Page 4.12-8 Section 4.12: Aesthetics South Point West City of Diamond Bar, California ƒ Landform. Topographically, the project site consists of steep-sloping hills and ridges along the site’s southern and eastern boundaries, terraced slopes and V-ditches within the central portion, and flat disturbed areas along the western and northern boundaries. Elevations range from about 658 feet AMSL in the north to approximately 856 feet AMSL in the south. The drainage systems within the project area are dominant topographic features and, in areas, support dense vegetation. However, as indicated in the SPMP FEIR, these features do not represent either unique or exceptional landforms. ƒ Vegetation. A total of 13 plant communities have been identified and categorized on the project site. Many of those communities (totaling approximately 27.9 acres or 62.3 percent of the project site) are, however, non-native, associated with either disturbed or developed areas, and possess diminished habitat value. Native vegetation communities on the project site include coastal sagebrush scrub, mixed chaparral, southern willow scrub, mule fat scrub, and coast live oak woodland. Of those plant communities, about 0.3 acres of southern willow scrub is recognized as a “high priority for inventory” by the CDFG.7 In addition, a total of 70 protected trees, including 65 coast live oak and 5 willow trees, now exist on the project site. As indicated in the SPMP FEIR, the number and extent of oak trees, located primarily in the canyon bottom, provide the site’s most significant visual resource. In addition, the project site contains a number of distinct vegetation communities which are diminishing throughout the region. Although the extent of those resources may be less than those that once existed on the property, the site’s protected trees and rare vegetation create a distinct visual character. ƒ Water. Although a number of blue-line streams exist and detention basins on the project site and, following periods of seasonal rains, possess flowing water, those streams and the detention basins that exist on the property are ephemeral (i.e., episodically dries) in nature and do not exhibit water year round. Other than to the extent that surface waters support existing vegetation, water is not a component of the site’s visual character. ƒ Color. The presence of both vegetated and disturbed areas creates readily apparent color and textural contrasts that serves to emphasize the presence of and bring attention to those portions of the site that have retained their nature condition. As indicated in the SPMP FEIR, subtle color variations associated with existing vegetation creates contrast and interest, offering a changing color palette and texture to the site. ƒ Adjacent scenery. North of the project site is the South Pointe Middle School campus. Existing residential land uses are evident to the northwest, west, and northeast of the project site. Open space areas exist to the south and southeast of the property. As such, a combination of urban and open space areas exist in close proximity to the site. Much of the project site has been previously graded and the vegetation that once existed thereupon removed or altered. Certain adjoining areas both to the south and east of the project site, however, have not been equally disturbed. As such, those undisturbed portions of the project site are both visually and physically linked to other open space areas extending beyond the project boundaries, such that artificially created property lines are less dominant that the visually linkages created by the continuance of certain plant communities (most notably, mixed chaparral). 7/ Op. Cit., The Vegetation Classification and Mapping Program List of California Terrestrial Natural Communities Recognized by The California Natural Diversity Database, p. 38. Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-9 South Pointe West City of Diamond Bar, California ƒ Scarcity. Based on either their City-designated protected status (coast live oak and willow trees) or CDFG-designated rarity classification (southern willow scrub), it can be reasonably concluded that some of the vegetation that exist on the project site constitute scarce resources. While open space areas within the region continue to diminish as those areas becoming increasingly urbanized, open space areas, in and of themselves, would not be consider scarce. ƒ Cultural modifications. Cultural modifications are elements of the built environment that have produced a physical change to the character of the natural environment. A number of existing flood control facilities (V-ditches and detention basins) are now evident on the project site. Additionally, the project site has been physically altered as a result of earthwork associated with slope stabilization and prior stockpiling activities. Only a portion of the project site lacks evidence of cultural modifications. As indicated in Table 4.12-2 (Pre-Project Scenic Quality Inventory/Evaluation Rating), the existing project site receives a score of 18, resulting in a categorization of the site’s existing visual resources as “Class B.” This rating is intended to apply to the project site as a whole. If smaller components of the project site were examined in isolation, either a higher (greater visual quality) or lower (lesser visual quality) rating might be applied to those subareas. Table 4.12-2 PRE-PROJECT SCENIC QUALITY INVENTORY/EVALUATION RATING Visual Resource Rating Landscape Feature Natural Environment (Pre-Project) Landform 1 Vegetation 5 Water 0 Color 3 Adjacent Scenery 5 Scarcity 2 Cultural Modifications 2 Score 18 Class Rating B Source: Environmental Impact Sciences As a means of conveying information concerning the existing visual quality and characteristics of the project site, presented in Figure 4.12-1 (Photographs Depicting Views of the Existing Project Site) are a number of photographs illustrating the project site and adjoining areas. 4.12.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the Lead Agency relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant aesthetic impact if the project or if project-related activities were to: August 2006 Draft Environmental Impact Report Page 4.12-10 Section 4.12: Aesthetics South Point West City of Diamond Bar, California Figure 4.12-1 PHOTOGRAPHS DEPICTING VIEWS OF THE EXISTING PROJECT SITE Source: Environmental Impact Sciences Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-11 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.12-12 Section 4.12: Aesthetics South Point West City of Diamond Bar, California  Have a substantial 8 adverse effect on a scenic resource.  Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway.  Substantially degrade the existing visual character or quality of the site and its surroundings.  Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area.9 For the purpose of impact analysis, a substantial adverse or beneficial effect on a scenic resource is defined, in part, as a change in the site’s existing scenic quality class, as determined through the interpretation and application of BLM’s VRM system, considering, in total, each of the incremental changes to the seven identified indicators. The Lead Agency has not identified other applicable or potentially applicable standards that can appropriately be extracted from other related policy or other environmental documents and used as the basis for assessing the potential significance of project-related and cumulative aesthetic impacts. 4.12.3 IMPACT ANALYSIS Construction Impacts Construction Impact 12-1. Excluding those areas that will be retained as natural open space, the project site will take on a distinctively urban physiographic character as native vegetation is removed, hillside areas recontoured, and other construction activities occur. Level of Significance before Mitigation: Less than Significant Although construction is short-term in duration, it serves as precursors to the long-term visual changes that will occur as a result of those activities. During development, construction activities may appear disharmonious with the general perception of the existing project site as an open space area. At the end of the construction term, the site may be perceived as part of a more unified and integrated whole, visually connected with the adjoining developed areas to the north and west and visually linked, through the use of retained and engineered open space, with the undeveloped areas to the south and west. Following development, the site will then take on a distinctively urban character. That character is familiar to all southern Californians and the site, once occupied, will be perceived as part of the larger urban fabric. Presented in Table 4.12-3 (Post-Project Scenic Quality Inventory/Evaluation Rating) is a comparative examination of the selected indicators against the criteria. Based on the Lead Agency’s interpretation and assessment of each of those criteria relative to the pre-project and post-project landscape, changes to the following three landscape features are noted: (1) vegetation; (2) adjacent scenery; and (3) cultural modifications. Since each of the indicators ultimately interrelate to create the site’s overall visual character, significance may be best determined not by an isolated change to any individual scenic element but in the total score assigned to all physical changes and the site’s corresponding scenic class rating. 8/ Certain terms, such as “substantial,” are neither defined in CEQA nor in the State CEQA Guidelines and require a local determination whether a proposed action would meet or exceed the stated standard. 9/ Op. Cit., State CEQA Guidelines, Appendix G, Section I (Aesthetics). Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-13 South Pointe West City of Diamond Bar, California Table 4.12-3 POST-PROJECT SCENIC QUALITY INVENTORY/EVALUATION RATING Visual Resource Rating Landscape Feature Natural Environment (Pre-Project) Built Environment (Post-Project) Change Landform 1 1 - Vegetation 5 3 (2) Water 0 0 - Color 3 3 - Adjacent Scenery 5 3 (2) Scarcity 2 2 - Cultural Modifications 2 0 (2) Score 18 12 (6) Class Rating B B No Change Source: Environmental Impact Sciences As indicated in Table 4.12-3 (Post-Project Scenic Quality Inventory/Evaluation Rating), during construction, the project’s score will change from a “Class B” (18 points) to a “Class B” (12 points) rating. Although the total assigned score may be reduced, both the pre-project and post- project class rating remain at “Class B.” The resulting construction-term impacts upon the site’s existing scenic resources would, therefore, be considered adverse but would not be deemed to constitute a significant visual resource impact. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no project conditions or mitigation measures are recommended or required. Construction Impact 12-2. The project alters existing site topography and necessitates the construction of numerous retaining walls, extending up to about 20 feet in height. Level of Significance before Mitigation: Less than Significant A significant portion of the proposed tentative tract map area and nearly the entire proposed stockpile site has been extensively graded both as a result of earlier development activities (e.g., Tract Map No. 32400 and South Pointe Middle School) and in an effort to remediate the May 1995 landslide. As a result, the project site does not represent a pristine natural area which is unaffected by prior site disturbance. Further landform changes to the project site must, therefore, be viewed in the context of those earlier and extensive modifications. Although subject to further change and refinement, proposed grading activities will involve approximately 218,000 cubic yards of cut and approximately 199,000 cubic yards of fill. Surplus soil material suitable for use as engineered fill will be deposited at the approximately 7.45 acre stockpile site. Those activities will produce a physical change to the site’s existing topography. As proposed, the elevation of certain on-site areas could change by more than forty feet. The proposed recontouring of the project site is primarily required in order to remediate existing slope stability problems but is also needed in order to create building pads, construct a functioning internal street system, and allow for the development of a useable park area. August 2006 Draft Environmental Impact Report Page 4.12-14 Section 4.12: Aesthetics South Point West City of Diamond Bar, California City policies encourage the use of contour grading and landform grading techniques in order to create more naturalized engineered slope areas.10 Proposed grading activities seek to apply contour grading practices to engineered slope areas, creating curvilinear features that produce a visual transition between engineered and natural open space areas. Retaining walls are dispersed throughout the project site. Wall heights vary. Along Larkstone Drive, wall heights of up to ten feet are proposed adjacent to the park site. A 3-foot retaining wall, in combination with an intervening engineered slope, will separate the upper and lower park areas. Adjacent to Morning Sun Avenue, wall heights of up to 18 feet are presently proposed. Internally, retaining walls of up to about 18 feet are proposed between building pad areas. Although the proposed retaining walls exceeds the height limitations specified in the City’s Municipal Code (e.g., Section 22.20.040, 22.22.080[b]-[c], and 22.52.020), the walls would be authorized under the provisions of the proposed specific plan. Based on their height and the presence or absence of landscaping, retaining wall can become dominant visual elements. All walls over eight feet in height are identified as “plantable cribwalls.”11 Cribwalls, unlike other forms of retaining walls, are designed to incorporate landscaping as an integral design element. Cribwalls are filled with suitable backfill and live vegetation planted in individual cells. Plant material is generally selected to fill each cell area so as to function both as a retaining wall and a landscape element. However, if the landscaping is not established and maintained, the materials uses to construct the retaining wall will be exposed and the desired visual effect would not be achieved. Large retaining walls, absent integrated landscaping and irrigation, can become dominant visual elements that produce a sharp contrast between retained natural features and introduced cultural modifications. Although no significant impact has been identified, a project condition (Project Condition 12-1) has been formulated to ensure that the project’s retaining walls and landscape plans are fully integrated. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. Operational Impacts Operational Impact 12-3. The introduction of new residential and recreational uses will add new sources of artificial lighting to the project site and could result in light trespass extending beyond the project boundaries. Level of Significance before Mitigation: Significant unless Mitigation Incorporated 10/ As described in Section 21.40.020(g) of the Municipal Code, “(a) Contour-graded slopes are basically similar to conventionally graded slopes except that in plan the slopes are curvilinear rather than linear, the gradients are unvarying and profiles are planar, transition zones and slope intersections have generally some rounding applied. Resultant pad configurations are mildly curvilinear. (b) Slope drainage devices are usually constructed in a geometric configuration and in an exposed position on the slope face. (c) Landscaping is applied in random or geometric patterns.” As further described therein, “(a) Landform grading replicates the irregular shapes of natural slopes resulting in aesthetically pleasing elevations and profiles. Landform-graded slopes are characterized by continuous series of concave and convex forms interspersed with mounds that blend into the profiles, not linear in plan view, and varying slope gradients, and significant transition zones between man-made and natural slopes. Resultant pad configurations are irregular. (b) Slope down-drain devices either follow the natural line of the slopes or are tucked away in special swale and berm combinations in order to conceal the drains from view. Exposed segments in high visibility areas are treated with natural rock. (c) Landscaping becomes a ‘revegetation’ process and is applied in patterns that occur in nature: Trees and shrubs are concentrated largely in concave areas, while convex portions are planted mainly with groundcovers.” 11/ Cribwalls are prefabricated modular walls that consist of stacked interlocking concrete cells that form a retaining wall. Cribwalls can be sloped up to 1/4:1. Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-15 South Pointe West City of Diamond Bar, California Presently, no artificial sources of light now exist on the project site. Street lights and vehicle headlights, however, illuminate local streets and task, accent, and security lighting is present in both proximal residential areas and at South Pointe Middle School. In addition, in order to promote additional recreational opportunities, the City’s “Sports Complex Task Force Final Report” recommended improvements to South Pointe Middle School include “light one [baseball] field” and “light six [basketball] courts.”12 Project implementation will result in the introduction of new permanent light sources. With the introduction of street lighting, additional automobile headlights, accent lights, residential lighting, security lighting, and other new lighting sources, the visual character of the project site will change from that of a “dark” site to an area more characteristic of an urban setting. The Illuminating Engineering Society of North America (IESNA) defines light as “visually evaluated radiant energy” or, more simply, a form of energy that permits us to see. Light travels in the form of a wave, has frequency and wave length, and is comprised of photons. When a light wave comes in contact with an object, the wave is reflected, absorbed, or transmitted, as determined by the object that the wave hits. This gives the object the color that is observed. Colors are different types of light recognized by their own individual wavelengths. White (sun) light contains all the possible color variations; however, the human eye can only respond to certain colors and wavelengths. Not everyone, therefore, sees the same colors or the same shades of a color in quite the same way. All new urban light sources contribute incrementally to “light pollution.” From an astronomical observation perspective, urban light sources reduce the ability of ground-based astronomers to observe the stars and other heavenly bodies. The introduction of new project-related light sources will further add to those sky-glow effects. The introduction of new light sources will result in an increase to on-site ambient nighttime illumination levels. Nighttime spillover of light onto adjacent properties has the potential to interfere with certain functions, including vision, sleep, privacy, and general enjoyment of the natural nighttime condition. The significance of the impact depends on the type of use affected, the proximity of the affected use, the intensity of the light source, and the existing ambient light environment. Uses considered sensitive to nighttime light intrusion include, but are not necessarily limited to, residential uses, institutional uses, and natural areas. Street, residential, accent, and security lighting are all commonly found in the general project area and are not of sufficient intensity to adversely impact off-site areas. Similarly, automobile headlights are common light sources and presently exist within the general project area. Since project-related traffic will be confined to designated roadways, with the exception of vehicles exiting the project site along Larkstone Drive and outwards from the ends of the proposed on- site cul-de-sacs, although the number of light sources will increase with the added traffic, the general orientation of automobile headlights will remain unchanged. Vehicle headlights associated with exiting traffic along Larkstone Drive will be directed toward the southeasterly portion of the South Pointe Middle School campus. That area presently includes a multi-purpose playing field, with tennis courts located further to the west. An upward sloping landscaped area separates the active playing field from Larkstone Drive and will serve to effectively buffer northward oriented headlights associated with vehicles departing the tract 12/ City of Diamond Bar, Sports Complex Task Force, Sports Complex Task Force Final Report, May 18, 2004. August 2006 Draft Environmental Impact Report Page 4.12-16 Section 4.12: Aesthetics South Point West City of Diamond Bar, California map area. As vehicles turn eastward along Larkstone Drive, the ground-floor levels of the existing single-family homes located along the north side of Larkstone Drive, west of Dab Court, will likely experience an increase in headlight-generated light intrusion. A few of the proposed cul-de-sac streets terminate near downward sloping open space areas where no homes are proposed to intercept the light from automobile headlights. That light could be directed toward other abutting residential properties located along Morning Sun Avenue and Gold Canyon Drive. Potential off-site impacts diminish over distance. Low walls, berms, landscaping, and other forms of screening can be effectively used at those in-tract cul-de-sacs that terminate at down-sloping open space areas in order to minimize any adverse effects on adjoining properties from automobile headlights. The type, location, and intensity of overhead sports lighting in the area of the proposed neighborhood park and designed to illuminate the activities proposed therein has not been finalized. For the purpose of environmental review, high-intensity, overhead sports lighting has been assumed and the potential direct and indirect impacts of that lighting considered herein. If subsequently installed, sports lighting will allow playing fields and hardcourt areas to be used during evening hours. Lighting levels associated with night sports are typically the highest that are commonly encountered in the nighttime environment. Recommended levels for recreational sports range from 200 to 500 lux (20 to 50 foot candles).13 As indicated by the IESNA, “[t]here are limited choices for outdoor lighting systems compared with the selection for lighting applications. Since there is usually no surface to redirect the light bounced from the playing area, outdoor lighting systems primarily consist of direct distribution floodlights aimed at the playing surface.”14 The IESNA further notes that since outdoor lighting is generally visible far beyond facility boundaries, careful consideration should be given to spill light encroaching on neighboring property and light that contributes to sky glow.15 Spill light (light trespass) is defined as the light shining beyond the area to be illuminated, caused either by the uncontrolled direct component of luminaires or from light reflected from the task being illuminated. The California Energy Commission (CEC) defines “light trespass” as “unwanted light from a neighboring property. Any source of light can create trespass, but complaints are related mostly to sports lighting, billboards, and street lighting. Light trespass is annoying, but it can also become a nuisance or even a serious health and safety risk if it adversely affects visibility for other tasks. Light trespass may also be a source of glare, including disabling, discomfort, veiling luminance, and annoyance glare that can also be serious public health and safety risk.”16 Different sports require different configurations of luminaries and different levels of illumination based on the precise demands of each sport. For high aerial sports, such as baseball, the luminaries need to be located high above the field (70-100 feet) in order to safely light the field 13/ Candlepower is the unit of luminous intensity. An ordinary candle has a luminous intensity horizontally of approximately one candlepower (candela). If surrounded by a transparent sphere of one-foot radius, the amount of luminous energy (flux) emanating from the surface of the sphere is one lumen. One lumen of luminous energy incident on one square foot of area, therefore, produces an illumination of one footcandle. When the area is expressed in square feet, the resulting illumination is expressed in footcandles; when the area is expressed in square meters, the illumination is expressed in lux. Stated mathematically: footcandles = (lumens/square feet of area) and lux = (lumens/square meters of area). 14/ Illuminating Engineering Society of North America, Recommended Practice for Sports and Recreational Area Lighting, RP-6-01, 2001, p. 18. 15/ Ibid. 16/ California Energy Commission, California Outdoor Lighting Standards Synopsis, February 1, 2002, p. 1. Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-17 South Pointe West City of Diamond Bar, California with minimal light trespass. Other aerial sports, such as tennis, require pole heights that will uniformly light the court or large playing field, yet discourage high aiming angles. The lower the pole, the higher the aiming angle and the greater the light trespass potential.17 The IESNA has established a number of recommended illumination levels for outdoor lighting. In their publication “Recommended Practice for Sports and Recreational Area Lighting (IESNA RP-6-01),” the IESNA has both formulated recommendations for illumination levels for a variety of sporting activities and has established fundamentals for good illumination. As recommended by the IESNA and by the International Dark-Sky Association, an appropriate spill light standard is to “[l]imit the exterior lighting originating on a property to a maximum of 0.5 horizontal foot candles (HFC) at a distance of 25 feet beyond the property lines.”18 In the absence of final lighting plans for the proposed neighborhood park area, a mitigation measure (Mitigation Measure 12-1) has been formulated to ensure that lighting levels do not adversely impact off-site areas. Implementation of that measure will reduce project-related and cumulative visual quality impact to a less-than-significant level. Cumulative Impacts Cumulative Impact 12-4. Much of the San Gabriel Valley is already highly urbanized and the area’s remaining open space areas take on greater visual significance as a respite to the dominance of urban development. Level of Significance before Mitigation: Less than Significant Since cumulative impacts must be examined in a broader context than otherwise available at a site-specific level, the visual impacts of those reasonably foreseeable probable future projects must be viewed in that same regional context. As a result, the diminution in the regional inventory of available vacant and natural lands constitutes the continuation of historic development patterns and not a substantial departure from those trends. The City and other municipalities located within the County formulate long-range planning documents with the intent of directing development and redevelopment activities to those areas most conducive to growth, based on a variety of planning considerations. Separate formal planning and environmental review processes exist when a development proposal seeks to modify those adopted long-range plans. No development is authorized to occur in the absence of compliance with adopted agency plans and policies. Compliance with and conformity to adopted plans and policies helps to mitigate the potential cumulative impacts produced by the visual changes to existing landscapes associated with future development and redevelopment activities. As a result, while the further intensification of the region may constitute an adverse impact, the incremental and inevitable changes resulting from those activities would not be deemed a significant, cumulative impact on the region’s existing visual resources. Since none of the threshold of significance criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 17/ The New Building Institute, Inc., Advanced Lighting Guidelines, 2003, p. 7-92. 18/ Kosiorek, Andrew S., International Dark-Sky Association, Information Sheet 76, Exterior Lighting: Glare and Light Trespass, July 1996, p. 2. August 2006 Draft Environmental Impact Report Page 4.12-18 Section 4.12: Aesthetics South Point West City of Diamond Bar, California 4.12.4 PROJECT CONDITIONS AND MITIGATION MEASURES Project Conditions ƒ Project Condition 12-1. The specific plan and neighborhood park plan shall include design details, acceptable to the City Engineer and the Community and Development Services Director, for all proposed retaining walls greater than six feet in height. Retaining wall plans shall include associated landscape and irrigation details sufficient to ensure that each of those elements are, as appropriate, fully integrated into wall design and that the interrelationship between those elements are considered from both a structural integrity and aesthetic viewpoint. Mitigation Measure ƒ Mitigation Measure 12-1. Prior to the installation of any high-intensity sports lights in the area of the proposed neighborhood park site, a detailed lighting plan shall be prepared for the illumination of active recreational areas, including a photometric analysis indicating horizontal illuminance, and submitted to the Community and Development Services Department. Plans shall indicate that high-intensity, pole- mounted luminaries installed for the purpose of illuminating field and hardcourt areas include shielding louvers or baffles or contain other design features or specification, such as selecting luminaire with cut-off features, to minimize light intrusion to not more than 0.5 horizontal foot candle, as measured at the park boundary. These standards shall not be applied to any adjoining public streets, school or recreational facilities, or other non- light-sensitive land uses. 4.12.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS As mitigated, the approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant unavoidable adverse project-related or cumulative visual resource impacts. Draft Environmental Impact Report August 2006 Section 4.12: Aesthetics Page 4.12-19 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.12-20 Section 4.12: Aesthetics South Point West City of Diamond Bar, California 4.13 GROWTH INDUCEMENT 4.13.1 ENVIRONMENTAL SETTING 4.13.1.1 Regulatory Setting As specified in Section 65580 of the CGC: “the availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. . .Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other governments and the state in addressing regional housing needs.” As indicated in AB 438 (Torlakson), as approved by the Governor in September 1998, it is the intent of the State Legislature to amend the Planning and Zoning Law with respect to the housing element of a community’s general plan to assist local governmental entities, builders, housing developers, sponsors, and planners in producing the greatest number of safe, sanitary, decent, and affordable housing units by the most cost-effective means possible. As further indicated in SB 1227 (Burton), as approved by the Governor on April 22, 2002, about 220,000 housing units need to be produced in California each year in order to meet housing demand; however, only four times in the last twenty years has that production target been reached. SB 1227 further notes that while the national homeownership rate has reached a record high, the rate in California is ten percent below the national average and ranks 48th in the nation. State law recognizes the vital role local governments play in the supply and affordability of housing. Each governing body of a local government in California is required to adopt a comprehensive, long-term general plan for the physical development of the city, city and county, or county. The housing element is one of the seven mandated elements of the local general plan. Housing element law, enacted in 1969, mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community. The law acknowledges that, in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems which provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy in the State rests largely upon the effective implementation of local general plans and, in particular, local housing elements. City of Diamond Bar General Plan The General Plan contains numerous policies that may, either directly or indirectly, be applicable to growth. Those policies include, but are not necessarily limited to, the following: ƒ Establish a land use classification system to guide the public and private use of land within the City and its Sphere of Influence (Objective 1.1, Land Use Element). Draft Environmental Impact Report August 2006 Section 4.13: Growth Inducement Page 4.13-1 South Pointe West City of Diamond Bar, California ƒ Encourage the innovative use of land resources and development of a variety of housing and other development types, provide a means to coordinate the public and private provision of services and facilities, and address the unique needs of certain lands by recognizing Specific Plan (SP) overlay designations: (a) for large scale development areas in which residential, commercial, recreational, public facilities, and other land uses may be permitted; and (b) large acreage property(ies) in excess of ten acres that are proposed to be annexed into the City (Strategy 1.1.9, Land Use Element). ƒ Ensure that future development occurs only when consistent with the availability and adequacy of public services and facilities (Objective 2.3, Land Use Element). ƒ Provide adequate sites through appropriate land use and zoning designations to accommodate future housing growth (Goal 3, Housing Element). ƒ Mitigate potential governmental constraints which may hinder or discourage housing development in Diamond Bar (Goal 4, Housing Element). ƒ Promote the expeditious processing and approval of residential projects that meet General Plan policies and City regulatory requirements (Policy 4.2, Housing Element). 4.13.1.2 Regional Setting Statewide Housing Plan Section 50450 of the H&SC requires the development of a “California Statewide Housing Plan” (CSHP) to be developed in cooperation with the private housing industry as well as regional and local housing and planning agencies and other agencies. As indicated in the current CSHP: “Few issues facing California are as important as the State being able to meet its future housing needs. Between 1997 and 2020, California will likely add more than 12.5 million new residents and should form approximately 5 million new households. Almost all of this growth will occur in metropolitan areas. To meet the housing needs of California's growing population, homebuilders and developers will have to build an average of 220,000 housing units each year between now and 2020. Achieving this level of production will be difficult.”1 With regards to the State’s projected population growth, the California Department of Housing and Community Development (HCD) notes: “Barring a major disaster or depression, California's population will grow from its current size of just under 34 million to 40 million by 2010, and to 45.5 million by 2020. While these are smaller growth increments than had previously been forecast, they represent a huge and ultimately transforming increase in the [S]tate's population.”2 In order to address these concerns: “California will need an unprecedented amount of new housing construction - more than 200,000 units per year through 2020 - if it is to accommodate projected population and household growth and still be reasonably affordable. California will need more suburban housing, more infill housing, more ownership housing, more rental housing, more affordable housing, more senior housing, and more family housing. California will also need more diverse housing, and more diverse neighborhoods. California's high land and construction costs, coupled with the cumbersome and open-ended nature of the local entitlements process, have served to discourage innovative land planning, site design, and building design.”3 1/ Op. Cit., Raising the Roof: California Housing Development Projections and Constraints, 1997-2020, May 2000, Chapter 1 (Summary). 2/ Ibid., Chapter 7 (Conclusions and Policy Challenges). 3/ Ibid., Chapter 1 (Summary). August 2006 Draft Environmental Impact Report Page 4.13-2 Section 4.13: Growth Inducement South Point West City of Diamond Bar, California It is State’s conclusion that “[s]hould annual rates of housing production during the next twelve years mirror those of the last twelve, the future of housing in California will be one of extreme shortages. Among the state's major metropolitan regions, the six-county Greater Los Angeles Metropolitan Region would suffer an average yearly production deficit of 48,400 housing units.”4 Regional Comprehensive Plan and Guide 5 SCAG’s “Regional Comprehensive Plan and Guide” (RCPG) serves “as a framework for decision making with respect to the growth and changes that can be anticipated during the next 20 years and beyond.”6 The RCPG “represents an important step forward in defining a regional identity. It has an identity which has growth acceptance”7 as its foundation. Referencing the RCPG, “[t]he region is faced with the monumental task of dealing with the consequences of rapid growth in an era of dwindling physical, natural, and economic resources. Changes and evolution will come at a price, and unless their consequences are foreseen and dealt with, the cost of growth could be too high for this region to absorb. Growth at any cost can result in a lower quality of life for all. Managed growth, on the other hand, could be an energizing force by providing an environment that attracts business and capital investment to the region, opens opportunities for jobs, housing and education, helps attain mobility and air quality goals, and maintain quality of life.”8 As indicated in the RCPG, growth management “does not mean curtailing growth through population, economic, or land use policies.”9 The RCPG acknowledges that regionwide growth is both inevitable and desirable. By 2010, the region’s population will increase to 20.5 million and, by 2015, 22 million people will reside in southern California. To accommodate that projected growth, “[a]bout two million more [housing] units than exist today will be needed during the next 20 years.”10 4.13.1.3 Local Setting SCAG’s adopted housing needs for the City are presented in Table 4.2-2 (SCAG RHNA-99: Adopted Existing Need – All Incomes Housing Problems Detail for the City of Diamond Bar). SCAG’s adopted construction needs for both the City and for the SGVCOG are presented in Table 4.2-3 (SCAG RHNA-99: Adopted Construction Needs for the City of Diamond Bar and for the San Gabriel Valley Council of Governments). For the period 2000-2005, SCAG’s RHNA analysis has identified a need for the City to construct 144 additional housing units. 4.13.2 THRESHOLD OF SIGNIFICANCE CRITERIA Presented herein is the threshold of significance criteria identified by the City relative to this topical issue. In accordance therewith, the proposed project would normally be deemed to produce a significant growth-inducing impact if the project or if project-related activities were to: 4/ Ibid. 5/ SCAG is currently in the process of updating the “Regional Comprehensive Plan and Guide” (March 1996). The “2004-2005 Regional Comprehensive Plan” (RCP) is tentatively scheduled for adoption in Fall 2005. Because it has not yet been adopted, it is not further cited herein. 6/ Op. Cit., Regional Comprehensive Plan and Guide, p. 2. 7/ Ibid., p. 1. 8/ Ibid., p. 3-2. 9/ Ibid., p. 3-1. 10/ Ibid., p. 6-7. Draft Environmental Impact Report August 2006 Section 4.13: Growth Inducement Page 4.13-3 South Pointe West City of Diamond Bar, California ♦ Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect. ♦ Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure).11 4.13.3 IMPACT ANALYSIS Growth-Inducing Impact 13-1. Because the project includes street dedication, infrastructure improvements, and the physical alteration of areas located outside the tract map boundaries, the project could alter the nature or timing of other unrelated development activities. Level of Significance before Mitigation: Less than Significant The assessment of construction-term, operational, and cumulative impacts, as presented elsewhere in this EIR, may not be directly applicable or relevant to the evaluation of the potential significance of the project’s growth-inducing impact. The evaluation of whether the proposed project has the potential to produce growth-inducing effects instead focuses on a determination whether the project will: (1) produce a potential for individuals to in-migrate to the project area in response to project-related employment and housing opportunities; (2) result in an increased localized demand for goods and services at levels sufficient to induce additional commercial development beyond that readily available in the general project area; (3) result in the removal of economic, physical, and political obstacles and constraints to development; and/or (4) facilitate other peripheral development through the extension of facilities, services, or infrastructure to areas presently absent those services or systems. In-Migrate in Response to Employment and Housing Opportunities According to 2000 census data, California had the largest population increase in the United States, increasing by 13.6 percent or almost four million people, over 1990 census data. California’s 33.9 million residents make it the most populous state in the country, accounting for 12 percent of the nation’s total population.12 Economic conditions are an important determinant of population change in California and those conditions vary substantially between the State’s regions. During the first half of the 1990’s, the State lost as many as two million people to other states as California endured its worst recession since the great depression. Job-related reasons are commonly cited as the most important factor in migration between states. Although the State’s population continues to grow, more people left the State in the last half of the 1990’s than moved in from other states. More than 1.4 million people in the United States migrated to California from 1995 to 2000, while 2.2 million left. In a June 2003 report, the DOF noted that “a greater number of persons annually leave California for other states than enter California from another state” and that this “outward migration trend” has been consistent.13 11/ Op. Cit., State CEQA Guidelines, Appendix G, Section XII (Population and Housing). 12/ United States Census Bureau, Table 1 (Land Area, Population, and Density for States and Counties: 1990), 1990 United States Census. 13/ California Department of Finance, California Current Population Survey Report, March 2002 Data, Demographic Research Unit, June 2003, p. 18. August 2006 Draft Environmental Impact Report Page 4.13-4 Section 4.13: Growth Inducement South Point West City of Diamond Bar, California As indicated by the California Employment Development Department (EDD), as reported in January 2005, the County’s seasonally adjusted labor force totaled 4,880,000 individuals in December 2004. Of those, 4,451,000 individuals were employed and 299,000 individuals (6.1 percent) were unemployed. The State’s seasonally adjusted unemployment rate was 5.8 percent in December 2004.14 In September 2005, the County’s labor force decreased slightly to 4,871,500 individuals. Of those workers, 4,653,400 individuals were employed and 218,100 individuals (4.5 percent) were unemployed.15 The EDD has also developed labor force data for sub-County areas, including the City of Diamond Bar. As indicated by the EDD, as of September 2005, the City’s total labor force was comprised of 32,500 individuals. Of those, 31,500 individuals were employed and 1,000 individuals (3.0 percent) were unemployed.16 Presented in Table 4.13-1 (Projected Job Growth in Construction Trades in Los Angeles County 2001-2008) is the State’s forecasted job growth in a number of construction trades between 2001 and 2008. As indicated therein, a substantial increase in construction-related employment opportunities is projected throughout the County. If recent labor trends continue, the majority of that workforce will be derived from individuals already residing in the County and the majority of new jobs will not be filled by recent arrivals. Although some in-migration into Los Angeles County can be anticipated as a result of projected job growth throughout the region, the size and duration of the proposed project is not sufficient, in and of itself, to predicate any substantial in-migration of new workers. It can, therefore, be concluded that a sufficient regional labor force presently exists to accommodate the construction needs of the proposed project. Table 4.13-1 PROJECTED JOB GROWTH IN CONSTRUCTION TRADES IN LOS ANGELES COUNTY 2001-2008 Annual Average Employment Employment Change SOC1 Code Occupation 2001 2008 Number Percent 53-3032 Truck Drivers, Heavy & Tractor-Trailer 28,750 33,320 4,570 15.9 47-2031 Carpenters 16,840 19,650 3,110 18.5 47-2111 Electricians 13,570 16,420 2,850 21.0 47-2061 Construction Laborers 12,790 15,570 2,780 21.7 37-3011 Landscaping and Groundskeepings 18,630 21,190 2,560 13.7 47-2051 Cement Masons & Concrete Finishers 8,610 10,370 1,760 20.4 47-2081 Drywall & Ceiling Tile Installers 5,780 7,030 1,250 21.6 47-2021 Brickmasons & Blockmasons 1,120 1,410 290 25.9 Notes: 1. Standard Occupational Classification. Source: California Economic Development Department, Los Angeles County – Occupations with Greatest Growth, 2001-2008, December 2003 14/ California Economic Development Department, Los Angles-Long Beach Metropolitan Statistical Area (Los Angeles County), Nine Consecutive Months of Year-Over Growth, January 14, 2005. 15/ California Economic Development Department, Los Angeles County Profile, October 28, 2005. 16/ California Economic Development Department, Labor Force Data for Sub-County Areas, Diamond Bar, October 28, 2005. Draft Environmental Impact Report August 2006 Section 4.13: Growth Inducement Page 4.13-5 South Pointe West City of Diamond Bar, California Localized Demand for Goods and Services In addition to those jobs associated with the manufacture and transport of construction materials, construction workers may impose short-term demands on local businesses, such as nearby restaurants. Those localized demands will, however, cease upon completion of construction activities. A wide range of businesses now exists near the project site. Construction-term demands on those businesses are not anticipated to be so substantial as to warrant business expansion based solely on project-related activities. Since construction jobs are, by definition, short-term in duration, they are generally not the type of employment opportunities that predicate substantial increased local demands for goods and services. Once inhabited, jobs associated with housing include, but are not limited to, landscape and pool maintenance, interior designers, and associated construction trades. Jobs indirectly related to housing include medical professionals, manufacturers and retailers, and associated service providers. Each new residence will, therefore, incrementally increase existing demands for manufacturing, service-related, and professional jobs. In addition, home purchasers typically spend money to furnish their new homes. Citing National Association of Homebuilders (NAHB) statistics, each new homebuyer spends $3,194 on property alterations, $3,632 on furnishings, and $2,079 on appliances during the first year after purchase, representing more than twice the amount that would be expended by non-moving homeowners during that period.17 The increased demands for home furnishing and appliances would create an incremental demand for additional manufacturing, sales, and services jobs both locally and nationally. The incremental impact of the proposed project on long-term employment opportunities is not, however, substantial and would not result in a significant growth-inducing impact. The resulting incremental contribution on localized, regional, and national employment opportunities, as associated with the proposed housing construction, would not, in and of themselves, create additional significant secondary impacts. Removal of Economic, Physical, and Political Constraints Although the project will result in the removal of existing deed restrictions limiting the development potential of the properties comprising the tract map area, those actions do not affect any outlying parcels and, through that action, the proposed project would not result in the removal of any economic, physical, or political constraints affecting other properties. The proposed dedication of Larkstone Drive by the WVUSD, including its change of status from a private road to a public street, will not result in improved access to abutting properties since the properties abutting that roadway are now either owned by the WVUSD or are the subject of the proposed conveyance by the WVUSD to the Applicant. Improvements to Morning Sun Avenue, if undertaken as part of the proposed project, are being initiated in response to damage to that roadway resulting from on-site earth movement and the remedial grading now being proposed and the need to provide vehicular access from Shepherd Hills Road. The improvements to Larkstone Drive and Morning Sun Avenue will not increase the design capacity of those roadways or facilitate development beyond the project site. Stockpiling activities proposed to the east of the tract map area will physically alter the topography of that receiving property but will not increase the site’s development potential, 17/ Op. Cit., Housing: The Key to Economic Recovery, Fall 2002, p. 4. August 2006 Draft Environmental Impact Report Page 4.13-6 Section 4.13: Growth Inducement South Point West City of Diamond Bar, California extend infrastructure improvements or expand existing capacity, or result in any additional land use authorization for any the subsequent use. No development plans for the stockpile area have been submitted to the City by the WVUSD or by any other party. In the absence of those plans, it cannot be concluded that increasing the existing pad elevation will either expand the developable area located thereupon or facilitate that area’s subsequent development. As such, other than the avoidance of additional costs associated with the long-haul of surplus soil materials from the tract map area to a more remote repository, no clear economic benefit can be derived from the importation of soil to the stockpile site. Facilitate Other Peripheral Development Although the project involves street and infrastructure improvements, the tract map design does not expressly include improved or contemplated access between the residential area and other off-site areas. None of the proposed improvements have been designed or sized to accommodate additional flows or capacity beyond the project site. In addition, to ensure that the proposed project does not result in any unintended growth, a number of project conditions (Project Condition 1-1 and Project Condition 1-2) have been formulated and impose additional restrictions on those abutting properties identified as designated remainders. Since none of the threshold criteria would be exceeded, the identified impact would be less than significant and no further mitigation is recommended or required. 4.13.4 PROJECT CONDITIONS AND MITIGATION MEASURES ƒ No project conditions or mitigation measures have been identified by the Lead Agency. 4.13.5 SIGNIFICANT UNAVOIDABLE ADVERSE EFFECTS The approval, construction, occupancy, use, and habitation of the proposed project will not result in any significant adverse project-related or cumulative growth-inducing impacts. Draft Environmental Impact Report August 2006 Section 4.13: Growth Inducement Page 4.13-7 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 4.13-8 Section 4.13: Growth Inducement South Point West City of Diamond Bar, California 5.0 SIGNIFICANT IRREVERSIBLE CHANGES 5.1 ENVIRONMENTAL SETTING 5.1.1 Regulatory Setting California Code of Regulations As required under Sections 15126(c) and 15126.2(c) of the State CEQA Guidelines, this EIR is required to identify any significant irreversible environmental changes that would be caused by the proposed project should it be implemented. As further indicated in Section 15127 therein, “[t]he information required by Section 15126(c) concerning irreversible changes, need be included only in EIRs prepared in connection with the any of the following activities: (a) The adoption, amendment, or enactment of a plan, policy, or ordinance of a public agency; (b) The adoption by a local agency formation commission of a resolution making determinations; or (c) A project which will be subject to the requirements for preparing an environmental impact statement pursuant to the requirements of the National Environmental Policy Act.” Since the proposed project includes the adoption of a proposed specific plan, the provisions of Sections 15126(c) and 15126.2(c) apply to this environmental assessment. As indicated under Section 15126.2(c) of the State CEQA Guidelines, the focus of this analysis shall be on the following areas of inquiry: (1) uses of non-renewable resources; (2) the potential for environmental accidents; and (3) any irretrievable commitment of resources associated with the proposed project. This analysis, therefore, does not addresses potential impacts on renewable or retrievable resources, such as recyclable materials, water, and land. Based on the regulatory language, potential cumulative impacts are not specifically addressed herein. Energy Efficiency Standards The United States Department of Energy (DOE) establishes federal standards to keep consistent national energy efficiency requirements for selected appliances and equipment. By law, DOE must upgrade standards to the maximum level of energy efficiency that is technically feasible and economically justified. On October 18, 2005, the DOE published a final rule to codify fifteen energy efficient standards for residential appliances and commercial equipment. The standards were established as part of the Energy Policy Act of 2005. As specified in Section 25402 of the PRC, the Energy Resources Conservation and Development Commission, more commonly known as the California Energy Commission (CEC) shall prescribe, by regulation “building design and construction standards that increase the efficiency in the use of energy for new residential and nonresidential buildings.” As a result, all new buildings in California must meet the standards and the administrative requirements outlined in Title 24, Parts 1-6 of the CCR. California’s “Energy Efficiency Standards for Residential and Nonresidential Buildings” (Title 24), as codified in Title 24, Part 6 of the CCR, are updated periodically to allow for the consideration and possible incorporation of new energy efficiency technologies and methods. The CEC adopted the most recent standards in 2004 (effective October 1, 2005),1 as mandated by AB 970, to reduce California's electricity demand. All new construction in California must 1/ California Energy Commission, 2005 Building Energy Efficiency Standards for Residential and Nonresidential Buildings, P400-03-001F, September 2004 (effective October 1, 2005). Draft Environmental Impact Report August 2006 Section 5.0: Significant Irreversible Changes Page 5-1 South Pointe West City of Diamond Bar, California comply with the standards that are in effect on the date a building permit application is made and not the date when the building permit were issued. City of Diamond Bar General Plan The General Plan contains numerous policies that relate, either directly or indirectly, to this topical issue. Those policies include, but are not necessarily limited to, the following: ƒ Encourage efficient use of energy by minimizing the consumption of energy resources to the minimal amount needed to support existing and planned land uses, through a combination of efficient land use patterns and passive and active energy conservation systems (Objective 2.2, Resource Conservation Element). ƒ As a general principal, replace total dependence on nonrenewable, imported energy resources with a greater reliance on locally available renewable resources to a degree which is feasible and in accord with current technology (Strategy 2.2.1, Resource Conservation Element). ƒ Take full advantage of the CEQA process as a tool for evaluating energy use and potential energy impacts, and for implementing appropriate energy conservation measures (Strategy 2.2.7, Resource Conservation Element). Although not specifically identified as an element of the General Plan, in 1992, the City adopted a “Source Reduction and Recycling Element and Household Hazardous Waste Element” in response to the requirements of AB 939 (California Integrated Waste Management Act of 1989). AB 939 mandated that every city and county adopt a source reduction and recycling element (SSRE) delineating the agency’s strategy to divert 50 percent of its wastes from landfills by 2000. The City’s SRRE identified construction and demolition (C&D) wastes as a “special waste.” These inert solids are comprised of rock, concrete, brick, sand, soil, asphalt, and sheetrock. Many of these materials can be recycled for reuse in the construction industry.”2 City of Diamond Bar Municipal Code As defined in the City’s municipal code “construction and demolition waste” means the waste building materials, packaging, plaster, drywall, cement, and rubble resulting from the construction, remodeling, repair, and demolition operations on pavement, buildings, and other structures, except asbestos-containing materials and reusable rock or brick (Section 8.16.020). 5.1.2 Regional Setting The world now consumes about 82 million barrels of oil a day. A barrel is the equivalent of 42 gallons (159 liters). World demand is generally expected to continue growing at an average annual rate of between one and two percent. It is estimated that the world's original endowment of recoverable oil is no more than about 2,400 billion barrels. Cumulative worldwide consumption had exceeded 900 billion barrels by the end of 2003. The United States relies on imported oil for over 60 percent of its domestic needs.3 In 1990, approximately 88 percent of the nation’s energy was produced through the combustion of fossil fuels. The remaining 12 percent came from renewable or other energy sources such as hydropower, biomass, and nuclear energy. As they burn, fossil fuels emit carbon dioxide (CO2) 2/ City of Diamond Bar (Emcon Associates), Source Reduction and Recycling Element and Household Hazardous Waste Element, Final Report, May 1992, p. 6-4. 3/ The Oil Depletion Analysis Center (http://www.odac-info.org/). August 2006 Draft Environmental Impact Report Page 5-2 Section 5.0: Significant Irreversible Changes South Point West City of Diamond Bar, California due to oxidation of the carbon contained in the fuel. Greenhouse emissions occur when fossil fuel is oxidized. In addition, other greenhouse gases include water vapor, methane (CH4), nitrous oxide (N2O), chlorofluorocarbons (CFCs), and aerosols. The observed increase of CO2 in the atmosphere, from about 280 ppm in the pre-industrial era to about 364 ppm in 1997, has come largely from fossil fuel combustion and cement production.4 Petroleum products across all sectors of the economy accounted for about 44 percent of total nationwide energy-related CO2 emissions. According to the USEPA, in the United States, approximately 6.6 tons (almost 15,000 pounds carbon equivalent) of greenhouse gases are emitted per person every year. Emissions per person have increased about 3.4 percent between 1990 and 1997. Most of these emissions, about 82 percent, are from burning fossil fuels to generate electricity and power cars. The remaining emissions are from methane from wastes in our landfills, raising livestock, natural gas pipelines, and coal, as well as from industrial chemicals and other sources. As indicated by the CEC: “Burning fossil fuels is a major contributor to global warming, as carbon monoxide is added to an atmosphere already containing 25% more than it did two centuries ago. Carbon dioxide and other gasses add an insulating layer to the earth that leads to global climate change. California Energy Commission research shows that most of the sectors of the state economy face significant risk from climate change including water resources (from reduced snow pack), agriculture, forests and the natural habitats of a number of indigenous plants and animals. Most scientists recommend that actions be taken to reduce emissions of carbon dioxide and other greenhouse gasses.”5 Based on projections given by the Intergovernmental Panel on Climate Change and results from the United Kingdom Hadley Centre’s climate model, by 2100, temperatures in California could increase by about 5°F (with a range of 2-9°F) in the winter and summer and slightly less in the spring and fall. Appreciable increases in precipitation are projected: 20-30 percent (with a range of 10-50 percent) in spring and fall, with somewhat larger increases in winter.6 5.2 IRREVERSIBLE CHANGES 5.2.1 Use of Non-Renewable Resources Fossil Fuel Consumption During project construction, fossil fuels, in the form of gasoline, diesel fuel, natural gas, oils, and associated lubricants primarily associated with the operation of internal combustion engines, will be consumed on and off the project site by construction workers and will be utilized to power equipment used in the construction process and in the fabrication and transport of building materials. Transportation-related activities account for approximately half of all the petroleum products consumed in California. While State and federal policies, such as the California Low- Emission Vehicle Program and the Federal Energy Policy Act of 1992, are increasing the use of 4/ Ledley, Tamara S., et al., Climate Change and Greenhouse Gases, EOS, Volume 80, Number 39, September 28, 1999, p. 453. 5/ California Energy Commission, Residential Manual for Compliance with the 2001 Energy Efficiency Standards for Low-Rise Residential Buildings, Report No. P 400-01-022, approved on September 5, 2001, pp. 1-2 and 1-3. 6/ United States Environmental Protection Agency, Climate Change and California, EPA 230-F-97-008e, September 1997, p. 2. Draft Environmental Impact Report August 2006 Section 5.0: Significant Irreversible Changes Page 5-3 South Pointe West City of Diamond Bar, California alternative-fuel and low-emission vehicles, the consumption of non-renewable resources, such as fossil-fuels, remains high and points to the need to conserve such energy resources.7 Once consumed, fossil fuels are permanently expended and, through their consumption, become unavailable for other future or alternative uses. The amount of fossil fuel consumption associated with the construction of the proposed project cannot be easily determined; however, that amount is substantially less than will be consumed over the project’s operational life. All new buildings in California must meet the Title 24 standards in effect on the date a building permit application is made (not when the building permit is issued).8 Compliance with Title 24 standards will ensure that the proposed project maximizes energy conservation efforts in both design and development. With the increase in gasoline prices, the nation’s drivers are driving less and considering more fuel-efficient vehicles. The CEC indicates that, despite an increase in population in 2004, the State is now using less gasoline. Comparing the State's total gasoline sales from the first four months of 2005 and 2004, sales actually declined by one half of one percent.9 Building Material Consumption During construction, a variety of natural resources will be consumed, including water, sand and gravel, asphalt, other petrochemical construction materials, metals, and metal products. Once utilized, these materials will be either irretrievably consumed or committed to the project site on a relatively long-term basis. Many construction products are renewable. For example, sand and gravel used in construction is mined in alluvial fan areas and is the product of natural erosion. As those natural forces continue, additional alluvial materials are deposited along river systems and flood plains. Those activities, however, occur over centuries and are not considered to be renewable within the project’s lifespan. Certain building products, such as lumber, are clearly renewable and will remain available over the long term if the nation’s forests and those of the countries from which wood products are imported are effectively managed. In certain circumstances, opportunities are available to utilize renewable materials in place of non-renewable resources. During construction, homebuilders can use metal (nonrenewable), wood (renewable), or recycled materials (renewed) as substitutes relative to their specific application. In addition to materials consumed during construction, some of those materials become C&D wastes. According to the California Integrated Waste Management Board’s (CIWMB) “Statewide Waster Characterization Study,” C&D materials account for almost 21.7 percent of the waste stream.10 As indicated in the National Association of Homebuilders’ (NAHB) “Residential Construction Waste Management: A Builder's Field Guide” estimates that C&D wastes average 4 pounds per 7/ California Department of Transportation, Environmental Handbook, Volume I: Guidance for Compliance, Chapter 13, April 18, 2004 (http://www.dot.ca.gov/ser/vol1/vol1.htm). 8/ Ibid., p. 1-9. 9/ California Energy Commission, News Release: Energy Commission Says Higher Gasoline Prices May be Changing Driving Habits, August 11, 2005. 10/ California Integrated Waste Management Board (Cascadia Consulting Group, Inc.), Statewide Waste Characterization Study, December 2004, p. 17. August 2006 Draft Environmental Impact Report Page 5-4 Section 5.0: Significant Irreversible Changes South Point West City of Diamond Bar, California square foot of floor area.11 Assuming a total square footage of approximately 312,320 square feet, a total of about 1,041 tons of C&D wastes would be generated by the project’s residential component. Since material waste translates into higher development costs, it can be assumed that there exists an economic incentive for the Applicant would independently initiative efforts to allow for the salvage of some portion of these wastes through an on-site recycling program. The CIWMB has developed regulations for C&D and inert debris for transfer and process operations and for disposal facilities. The intent of those regulations is to encourage the recycling of C&D and inert debris and to protect health, safety, and the environment. The regulations place operations and facilities into regulatory tiers to provide needed oversight. The Phase I regulations for transfer and processing of C&D materials was approved by the Office of Administrative Law and became effective on August 9, 2003. The Phase II regulations for C&D waste and inert debris disposal facilities were approved by the CIWMB in September 2003.12 As indicated in the City’sv SRRE, applicant for construction permits “would be required to prepare a plan for how inert solid waste that is generated during the project would be segregated and recycled. As a condition of approval, a minimum recycling rate would be established for each project. The developer would then be required to provide documentation, at the completion of the project, of the quantity and types of wastes disposed and diverted, and the destination of those diverted materials.”13 Compliance with the City’s and the CIWMB’s C&D waste recycling requirements constitutes full mitigation for construction-term impacts. 5.2.2 Environmental Accidents In the context of this analysis, “environmental accidents” relate to the on-site discharge into the air, ground, or surface waters of hazardous materials, petroleum products, and pesticides that may be used during the construction and subsequent operation of the proposed project. Based on the specific nature of the proposed project, there does not appear to exist conditions that would produce an inordinate likelihood of an environmental accident that would produce significant health and safety risks to either on-site or off-site receptors or to the environment. During construction, stored fuels are required for heavy equipment used during site grading. Fuels are typically stored in either 55-gallon drums or other types of portable tanks, transported to the project site and used with a hand pump or horizontally in a rack. No underground fuel storage tanks will be installed on the project site either during construction or as part of the project’s continuing operation. The limited use of such fuels does create the potential for an environmental accident. Should fuels be accidentally released into the environment, the contractor or other party response for that release is obligated to take immediate and appropriate actions to assess the magnitude of the resulting hazard, to notify appropriate agencies of the presence of such conditions, and to take remedial actions to mitigate any environmental hazards associated with their release. Adequate regulatory controls are in place to minimize any environmental accidents that may be associated with those events. 11/ Yost, Peter and Lund, Eric, Residential Construction Waste Management: A Builder’s Field Guide, National Association of Homebuilders Research Center, 1996. 12/ Los Angeles County Solid Waste Management Committee, Integrated Waste Management Task Force, Solid Waste Inside, Winter 2004, Volume 37, p. 7. 13/ Op. Cit., Source Reduction and Recycling Element and Household Hazardous Waste Element, Final Report, May 1992, p. 6-4. Draft Environmental Impact Report August 2006 Section 5.0: Significant Irreversible Changes Page 5-5 South Pointe West City of Diamond Bar, California Throughout the project’s operational life, limited quantities of fuel and hazardous materials will be located and consumed on the project site. These materials are typically associated with household activities and are not anticipated to be in sufficient quantities as to create potential environmental risks when safely handled and appropriately disposed of in accordance with manufactures’ specifications and County requirements. Larger quantities of potentially hazardous materials, such as pesticides and synthetic fertilizers, may, however, be associated with the proposed park area. Pesticides are potent agents used for the control of undesirable organisms. All pesticide products created for use in the United States must be registered by the USEPA. This process includes extensive testing to determine the toxicity of the product and its potential for threatening the health of people, wildlife, and the environment. Laws and regulations apply to all pesticides, including disinfectants, fungicides, insecticides, and weed-killers. When a pesticide is registered by USEPA, the manufacturer is required to label it with specific instructions as to use, disposal, and any special precautions associated with use or exposure. If later scientific data indicate the presence of an unsuspected danger associated with the continued use of that produce, the registration can be suspended, canceled, or amended. Use, storage, and disposal of pesticides in accordance with manufacturers’ specifications would not result in conditions whereby a significant environmental accident could occur. 5.2.3 Irretrievable Commitment of Resources The irretrievable commitment of resources primarily relates to the project-related use of non- renewable resources, including fossil fuels and certain building products. Based on their relatively small scale, none of the irretrievable changes identified herein reasonably elevate to a level of significance. August 2006 Draft Environmental Impact Report Page 5-6 Section 5.0: Significant Irreversible Changes South Point West City of Diamond Bar, California 6.0 ALTERNATIVES ANALYSIS The approval, construction, occupancy, use, and habitation of the proposed project may result in the creation of certain significant unavoidable adverse impacts that cannot be feasibly eliminated or mitigated to a less-than-significant level. CEQA requires that the Lead Agency evaluate a “range of reasonable alternatives” that, should they be implemented in lieu of the proposed project, could reduce or avoid the significant or potentially significant environmental effects of the proposed project. 6.1 CEQA Provisions Regarding Alternatives Analysis Level of Specificity Section 15126.6(d) of the State CEQA Guidelines states that “[t]he EIR shall include sufficient information about each alternative to allow meaningful evaluation, analysis, and comparison with the proposed project. A matrix displaying the major characteristics and significant environmental effects of each alternative may be used to summarize the comparison.” Since they do not represent actual development applications, as submitted either by the project proponent or by another party, EIR alternatives typically are formulated absent the level of design and engineering detail associated with the proposed action. Detailed development plans for project alternatives are not generally formulated; therefore, the comparative analysis between a proposed action and those alternatives examined in an EIR is more qualitative in nature. The resulting impact analysis compares the relative magnitude of each alternative’s ability to mitigate the project’s significant environmental effects, including each alternative’s potential to introduce new significant effects not previously considered or associated with the proposed project. CEQA does not require that detailed technical studies be prepared for each alternative. CEQA does, however, require that each alternative be discussed in a manner to foster meaningful public participation and informed decision making. Housing Projects Subject to CEQA Compliance CEQA imposes specific limitations upon the Lead Agency regarding the consideration of alternatives for housing projects. As established by the State Legislature, it is the overriding goal of all local planning endeavors to provide a “decent home and suitable living environment for every California family.” This Statewide housing policy is emphasized in Section 21000(g) of CEQA which states that “[i]t is the intent of the Legislature that all agencies of the State government which regulate the activities of private individuals, corporations, and public agencies which are found to affect the quality of the environment, shall regulate such activities so that major consideration is given to preventing environmental damage, while providing a decent home and satisfying living environment for every Californian.” As further indicated in Section 21001(d) of CEQA, the Lead Agency shall “[e]nsure that the long-term protection of the environment, consistent with the provision of a decent home and suitable living environment for every Californian, shall be the guiding criterion in public decisions.” Relative to the assessment of alternatives for housing projects, Section 21085 of CEQA states: “With respect to a project which includes housing development, a public agency shall not, Draft Environmental Impact Report August 2006 Section 6.0: Alternatives Analysis Page 6-1 South Pointe West City of Diamond Bar, California pursuant to this division, reduce the proposed number of housing units as a mitigation measure or project alternative for a particular significant effect on the environment if it determines that there is another feasible specific mitigation measure or project alternative that would provide a comparable level of mitigation. This section shall not affect any other requirements regarding the residential density of that project.” “No Project” Alternative In order to assist lead agencies in placing a project’s effects in an appropriate environmental context, EIRs are required to examine a “no project” alternative. The “no project” alternative assumes both the retention of those existing conditions that exist on the project site and the consideration of any physical changes that would be anticipated to occur should the proposed project not be approved. Since the “no project” alternative is specifically mandated, unlike other alternatives included for consideration herein, this option does not explicitly seek to fulfill the Applicant’s declared objectives. Feasible Alternatives As required under Section 15126.6(a) of the State CEQA Guidelines, the EIR “must consider a reasonable range of potentially feasible alternatives.” Section 15364 of the State CEQA Guidelines define “feasible” to mean “capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.” Attainment of Basic Objectives Section 15126(c) of the State CEQA Guidelines provides the Lead Agency with guidance concerning the range of development alternatives that should be considered in an EIR. As indicated therein, “[t]he range of potential alternatives to the proposed project shall include those that feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects.” Based on that regulatory requirement, there must exist a direct relationship between the project’s stated objectives and the range of alternatives selected for the Lead Agency’s consideration. 6.2 Alternatives Considered but Rejected by the Lead Agency Referencing Section 15126.6(c) of the State CEQA Guidelines, “[t]he EIR should also identify any alternatives that were considered by the lead agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the lead agency’s determination.” Presented below are those alternatives that were initially identified by the Lead Agency but were subsequently rejected for further analysis based on the reasons stated herein. ƒ “Alternative Site” Alternative. The Lead Agency considered but subsequently rejected as infeasible an “alternative site” alternative. The proposed project primarily constitutes a private development request for a non-public use. The Lead Agency is unaware of any other real property holders now controlled by the Applicant either in the City or located in close proximity to the project site. Although there may exist other vacant properties within the City, since those sites are not controlled by the Applicant, the Lead Agency August 2006 Draft Environmental Impact Report Page 6-2 Section 6.0: Alternatives Analysis South Point West City of Diamond Bar, California lacks the ability to impose an obligation upon the Applicant or any other party to proceed with the development of the proposed project on those alternative sites. Although the Walnut Valley Unified School District (WVUSD) currently holds the underlying real property interests in the subject property and, subject to its own CEQA process, is considering the conveyance of that real property to the Applicant and although the WVUSD currently owns and is contemplating the disposition of other property both in the general project area (South Pointe East) and elsewhere in the City (Diamond Bar Boulevard/East of the SR-57 Freeway), the WVUSD is not the project proponent and the City lacks the authority to direct the WVUSD to dispose of those other properties rather than the property upon which the proposed use is now proposed. In addition, the Lead Agency’s elected not to consider an “alternative site” analysis is predicated upon its early findings that such an alternative would not likely result in the avoidance of any of the project’s significant environmental effects. Referencing the SPMP FEIR, “relocating the project to an alternative property will not significantly reduce or avoid those environmental effects considered in this document. Based upon the failure to avoid those impacts (through the selection of an alternative site), an alternative site analysis has not been provided herein.”1 Since the project also includes the development of a new park site, the Lead Agency has the ability to either not accept that facility in the location or configuration now proposed for public use or to collect fees in lieu of real property dedication. Because the City may possess greater authority over the selection of a new park site and design of a new public recreational use, the Lead Agency has identified a “proposed use and no park” alternative among the range of development options examined in this EIR. ƒ “Conservation/Open Space” Alternative. The City considered but subsequently rejected as infeasible a purely conservation-based alternative whereby the entire project site would be permanently retained in some form of open space. This alternative differs from a “no project” alternative which assumes that the site remains fallow but no controls are imposed that would preclude the property’s subsequent development, at a later time, in accordance with then existing City policies. ƒ “Tentative Tract Map No. 51253” Alternative. In May 1995, the City conditionally approved Tentative Tract Map No. 51253, authorizing the construction of 21 dwelling units on that approximately 6.8-acre site portion (Sasak Corporation/Patel property) of the property now under consideration. The City’s actions were in response to a development application submitted by a private-property owner. The property benefiting from that action did not include the current holdings of the WVUSD. Following its approval, the property owner did not pursue the development of that tentative tract. As a result, the City’s approval of that subdivision lapsed. Because that property includes three existing parcels, under the terms of the existing development restrictions, only three dwelling units could currently be constructed within that 6.8-acre area. Because the area of Tentative Tract Map No. 51253 only included a 6.8-acre portion of the approximately 31.43 gross acre tract map area and 34.67 gross acre specific plan area and neither include the approximately 7.45 gross acre stockpile site nor the 1/ Op. Cit., Annotated Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Tentative Tract Nos. 32400 and 51253 and Vesting Tentative Tract No. 51407), p. 6-2. Draft Environmental Impact Report August 2006 Section 6.0: Alternatives Analysis Page 6-3 South Pointe West City of Diamond Bar, California approximately 3.24 gross acre portion of the proposed park site located beyond the tract map boundaries, the Lead Agency considered but subsequently rejected separate 3-unit and 21-unit alternatives, confined to the area previously comprising Tentative Tract Map No. 51253, since those alternatives do not address the majority of the project site, exclude the majority of the subject property from the planning and environmental review process, and do not consider the development of the approximately 24.6-acre area (South Pointe West) now owned by the WVUSD. Similarly, the City considered but subsequently rejected an alternative limited only to the 6.8-area portion of the project site presently in private ownership. Should the proposed conveyance of the approximately 24.6-acre property, now owned by the WVUSD, not occur, a separate development application would likely be filed for that 6.8-acre property. A 6.8-acre alternative was rejected since it failed to encompass the majority of the project site, including the area of the WVUSD’s proposed real property conveyance. ƒ “Tentative Tract Map No. 51407” Alternative. In December 1994, the City denied Tentative Tract Map No. 51407. That development application included 90 single-family dwelling units (about 84.2 acres), recreational and open space uses (about 28.1 acres), and commercial development (about 21.9 acres). The WVUSD subsequently purchased that tract map area for use as a disposal site for surplus soil material associated with the construction of South Pointe Middle School. Those holdings are now referred to as the South Pointe East and South Pointe West. Although the area of Tentative Tract Map No. 51407 includes the areas now proposed for residential development, park use, and soil stockpiling, the City’s previous denial of Tentative Tract Map No. 51407, following the completion of a detailed CEQA process, constitutes a formal declaration on the part of the then City Council that the nature, intensity, configuration, and/or environmental consequences of that development were unacceptable to the City. As a result, the City considered but subsequently rejected the reconsideration of Tentative Tract Map No. 51407. ƒ “South Pointe East and South Pointe West” Alternative. In 2003, the WVUSD commissioned a real property appraisal for the purpose of identifying the “highest and best use” for a 78-acre property, known as the South Pointe East and South Pointe West properties. In January 2004, the WVUSD disseminate the “South Pointe West Property Bid Package” (Bid Package) for the purpose of soliciting development proposals for the conveyance of the South Pointe West property. As indicated in the Bid Package, “the District has chosen to divide the property into what is now known as South Pointe East and South Pointe West.” South Pointe East is 53.4 gross acres and is composed of two 1-acre pads, a 1.3-acre pad, a 7.5-acre pad (known as the Academy Site), and a 29- acre portion of Sandstone Canyon, south of Diamond Pointe Lane. South Pointe West is approximately 24.6 gross acres and is composed of an approximately 4.8-acre pad, a 1.8-acre pad, and a 1.3-acre detention basin near Morning Sun Avenue. Previous to that action, in 2002, the WVUSD formulated conceptual plans to develop an educational facility on an approximately 7.5-acre portion of the South Pointe West property, identified as the “Academy Site.” In discussions with the WVUSD, there are currently no development plans for the further intensification of the South Pointe East property. Similarly, the WVUSD is not currently pursuing the development of the Academy Site for an institutional or other land use. August 2006 Draft Environmental Impact Report Page 6-4 Section 6.0: Alternatives Analysis South Point West City of Diamond Bar, California Although the South Pointe East and South Pointe West properties are both owned by the WVUSD, the City has concluded that any assumptions concerning the future intensification of the South Pointe East property and/or the Academy Site would be speculative and, therefore, beyond the scope of this CEQA analysis. As a result, the Lead Agency considered but subsequently rejected an alternative that included a larger project site than the approximately 42.12 gross acre area (inclusive of the approximately 34.67 acre specific plan and 7.45 acre stockpile site) now under consideration. Alternatives considered under CEQA relate to the project as a whole and not to the project’s individual parts. As such, under CEQA, the Lead Agency is not directed to analyze specific alternatives to those separate parts (Big Rock Mesas Property Owners Association v. Board of Supervisors). In formulating a reasonable range of alternatives herein, the Lead Agency has not elected to prepare other alternatives that reshuffle the project’s component parts or consider other variations to individual components of the specific plan, the land uses identified therein, and/or the infrastructure and other improvements described in that planning document. The Lead Agency has also not elected to examine in detail any parcel-level or lot-specific design variations to any of the project’s component parts. That parcel-level of detail extends beyond the discretionary actions now subject to CEQA. Minor modifications to design-level details and/or any less-than-significant design variation to parcel-level uses that may differ from those illustrated or described herein or in the draft specific plan would not likely predicate the need for further environmental review. 6.3 Alternatives under Consideration In addition to the proposed project (Figure 6-1), a total of three development and one no development scenarios have been considered by the Lead Agency. Those alternatives include: (1) “no project” alternative; (2) “existing development authorization and no park” alternative; (3) “traditional singe-family subdivision with park” alternative; and (4) “proposed project and no stockpile site” alternative. The land use assumptions for each of these alternatives is presented in Table 6-1 (Land Use Assumptions for Project Alternatives) and separately addressed below. Since the focus of this analysis is directed toward the avoidance of those significant impacts attributable to the proposed project, except where an alternative may generate additional impacts at levels greater than now assumed, this analysis does not include the assessment of each alternative’s potential impacts on those topical issues addressed in this EIR that were determined to be either less than significant or mitigable to below a less-than-significant level. Since the existing setting remains as described under each of the topical headings examined in this EIR, no further discussion of pre-project conditions is presented as part of this alternatives analysis. Similarly, except where noted, each related project is assumed to advance independent of any site-specific or project-specific actions. The same threshold criteria used to assess the significance of project-related impacts has been applied to the assessment of the identified alternatives. Except where noted, it is assumed that reasonable and feasible mitigation measures, similar to those presented throughout this EIR, would be adopted by the Lead Agency should the City elect to approve one or more of the following alternatives in lieu of the proposed project. Except in those instances where a significant impact would be avoided through the selection of the stated alternative, for the purpose of this alternatives analysis, it is assumed that those mitigation measures recommended under each of the topical sections of this EIR would accompany the following alternatives. Draft Environmental Impact Report August 2006 Section 6.0: Alternatives Analysis Page 6-5 South Pointe West City of Diamond Bar, California Figure 6-1 PROPOSED PROJECT Source: Hunsaker & Associates August 2006 Draft Environmental Impact Report Page 6-6 Section 6.0: Alternatives Analysis South Point West City of Diamond Bar, California Table 6-1 LAND USE ASSUMPTIONS FOR PROJECT ALTERNATIVES Project Alternative Land Use Proposed Project No Project Existing Authorized Development No Park Traditional Single-Family Subdivision With Park Proposed Project No Stockpile Site Project Acreage 42.121 42.121 31.432 42.121 34.673 Number of Dwelling Units 99 0 4 64 99 Total Acres Graded 34.0 0 2.134 26.554 26.554 Total Acres Retained 7.97 42.12 29.154 15.424 7.974 Net Useable Park Acreage 2.18 0 0 2.18 2.18 Applicant-Sponsored Park Improvements Yes No No Yes Yes Stockpile Site Acreage 7.45 0 0 7.45 0 Larkstone Drive Dedication Yes No No Yes Yes Additional Public/Private Streets Yes No No Yes Yes Notes: 1. In the most recent information submitted by the Applicant, total project acreage is approximately 41.97 acres. 2. Inclusive of only the vesting tentative tract map area. In the most recent information submitted by the Applicant, the tract map area is approximately 31.28 acres. 3. Excluding the approximately 7.45 gross acre stockpile site. 4. Approximations. Source: Environmental Impact Sciences 6.3.1 “No Project” Alternative A “no project” alternative is specifically required under the State CEQA Guidelines and serves as a baseline against which all other development options can be compared. The “no project” alternative generally reflects the conditions and associated environmental impacts that would predictably occur should the Lead Agency elect to either deny the proposed project or fail to take action on the proposed development application, resulting in, at least, the short-term retention of the site in its existing condition. The denial of the current development application or the cessation of current process would not preclude the submission of a subsequent development application to the City. ƒ Alternative Project Description. As illustrated in Figure 6-2 (“No Project” Alternative), under this alternative, no physical changes to the tract map area would occur. Separate and apart from any real property conveyances that may be independently initiated by the WVUSD for the approximately 24.6-acre South Pointe West property, the approximately 34.67 gross acre specific plan area, which includes an approximately 6.8-acre portion already in private ownership (Sasak Corporation/Patel property), would remain in its present condition and no new development activities would be assumed to occur thereupon. Similarly, although not illustrated, the approximately 7.45 gross acre stockpile site and approximately 3.24 gross area portion of the proposed neighborhood park located outside the tract map boundaries would remain undeveloped. Draft Environmental Impact Report August 2006 Section 6.0: Alternatives Analysis Page 6-7 South Pointe West City of Diamond Bar, California Figure 6-2 “NO PROJECT” ALTERNATIVE Source: Hunsaker & Associates It is noted that the WVUSD’s actions to convey, divide, or develop the South Pointe West property is not dependent upon compliance with a City-initiated environmental or development review process. As such, the WVUSD could initiate independent actions, subject to the provisions of the California Education Code, resulting in a physical change to the project site. Since the City is unaware of any such contemplated actions, other than the conveyance of the South Pointe West property, no development activities are assumed herein with regards to that property. ƒ Alternative Environmental Impact Analysis. Presented below is a qualitative, comparative analysis of this alternative’s potential ability to eliminate or substantially reduce those significant impacts identified herein. August 2006 Draft Environmental Impact Report Page 6-8 Section 6.0: Alternatives Analysis South Point West City of Diamond Bar, California ◊ Biological resources (cumulative). Cumulative biological impacts relate to the continuing reduction in available open space areas and the loss of native vegetation and existing plant and wildlife habitats. Since the “no project” alternative will not affect other off-site areas, the site’s retention as open space will not substantially reduce the total acreage throughout the San Gabriel Valley that remain subject to further urbanization. While cumulative biological resource impact may be incrementally reduced through the retention of the project site as an open space area and the preservation of existing on-site vegetation and habitat areas, the subregion will continue to experience a general decline in overall biological diversity. Cumulative impacts on biological resources will remain significant notwithstanding whatever actions occur on the project site. ◊ Air quality (project and cumulative). Under this alternative, no construction activities would occur on the project site and no further intensification of the subject property would be authorized. As a result, there would be no project- related increase in either construction-term or operational emissions above existing baseline levels. As such, the “no project” alternative would not directly contribute to the generation of any additional areawide (cumulative) emissions. Since the “no project” alternative assumes only the avoidance of physical change to the project site, other related projects would continue to be developed and the subregion would continue to grow. Because the SCAB is classified as a non- attainment air basin, related development activities and ambient growth will incrementally contribute to regional emission. An agency decision regarding any individual project would, therefore, not likely result in the avoidance of cumulative air quality impacts. Cumulative air quality impacts would be projected to remain significant independent of the development or non-development of the site. The City is generally identified as being deficient with regard to the overall inventory of parklands and facilities. The proposed project will provide the City with a substantial park and recreational benefit. No such benefits, however, would be derived from a “no project” alternative. The provision of recreational opportunities, such as local park areas accessible to residents, has been shown to produce an array of positive human health benefits. Those benefits would be forfeited under this alternative. The proposed project seeks, in part, to fulfill an identified demand for housing. Should the “no project” alternative be selected, no additional housing units would be provided on the project site. If an incremental contribution toward the fulfillment of those identified demands cannot be provided on the subject property, it is reasonable to assume that additional development pressures for the provision of that housing would be placed on other properties within the San Gabriel Valley. 6.3.2 “Existing Authorized Development and No Park” Alternative ƒ Alternative Project Description. Presently, excluding the stockpile and that portion of the neighborhood park site located outside the tract map area, the project site is comprised of four separate parcels. In accordance with City policies, one single-family dwelling unit could be developed on each of those properties, subject to the City’s development review process. Since development review constitutes a discretionary action and since projects greater than three dwelling units are subject to CEQA Draft Environmental Impact Report August 2006 Section 6.0: Alternatives Analysis Page 6-9 South Pointe West City of Diamond Bar, California compliance (Section 15303[a], State CEQA Guidelines), the Lead Agency has elected to consider a four-unit development scenario wherein a single-family detached dwelling unit is constructed on each of those four existing parcels. One of the four existing parcels is owned by the WVUSD (South Pointe West). Because the District may lack the legal authority to construct, own, and maintain a private residence, it is assumed that the District’s conveys those real property interests deemed to be surplus to a private party. Alternatively, the WVUSD could retain the approximately 24.6-acre South Pointe West property and, absent subsequent City review, proceed with the development of that property for an authorized school-related use. Under a third scenario, the District could elect to retain the South Pointe West property for an unspecified duration. If the WVUSD were to retain its existing interests and not proceed with a development-related use, a total of three dwelling units could still be constructed on the project site. Because the project area includes Larkstone Drive and since the existing assessor’s parcel map suggests that the existing parcelization extends northward beyond that right- of-way, it may be possible to develop a fifth dwelling within the area illustrated. As a result, subject to the interpretation of the City Council, it might be possible to construct a total of five dwelling units within the area defined by the WVUSD’s South Pointe West property and the Sasak Corporation/Patel property. For the purpose of this alternative analysis, however, only a four-unit, single-family development is assumed. Since no substantial grading activities would be required to accommodate those units and since no major infrastructure improvements would be required to support a four-unit project, no off-site stockpiling of surplus soil material would be necessary to accommodate this alternative development scenario. Since no subdivision activities occur under this alternative, no real property park dedication is provided to the City. In addition, because of the limited development, no in- lieu park fees would be collected by the City and no park improvements would result as a direct consequence of this alternative. Since no development activities would occur along Larkstone Drive, that right-of-way is assumed to remain a public street. With the elimination of that portion of the neighborhood park site located outside the tract map boundaries and the stockpile site, under this alternative, the project site is reduced to approximately 31.43 gross acres, inclusive of both the 24.6-acre South Pointe West site and the 6.8-acre Sasak Corporation/Patel property. A conceptual development plan for that alternative is presented in Figure 6-3 (“Existing Authorized Development and No Park” Alternative). ƒ Alternative Environmental Impact Analysis. Presented below is a qualitative, comparative analysis of this alternative’s potential ability to eliminate or substantially reduce those significant impacts identified herein. ◊ Biological resources (cumulative). Although cumulative biological resource impacts will remain significant, alternative-related effects upon existing on-site plant and animal communities would be substantially reduced. Under this alternative, with the exception of four building pads and their associated driveways (obtaining access along Morning Sun Avenue), the remainder of the project site would retained as open space. Existing development restrictions would remain in place, no further intensification of the project site would occur. August 2006 Draft Environmental Impact Report Page 6-10 Section 6.0: Alternatives Analysis South Point West City of Diamond Bar, California Figure 6-3 “EXISTING AUTHORIZED DEVELOPMENT AND NO PARK” ALTERNATIVE Source: Hunsaker & Associates Under this alternative, most if not all of the 65 ordinance-size coast live oak trees and five ordinance-size willow trees that now exist on the project site would be preserved. In contrast, under the proposed project, approximately 46 protected trees (45 coast live oak trees and one willow tree) would be removed. ◊ Air quality (project and cumulative). Under this alternative, since construction operations would be substantially reduced, construction-term emissions would not be anticipated to exceed threshold limits. Similarly, operational emissions would be less based on the substantial reduction in the number of alternative- generated vehicle trips. However, because related projects and additional ambient growth are assumed to occur notwithstanding the nature of on-site development, air quality impacts will remain significant. Draft Environmental Impact Report August 2006 Section 6.0: Alternatives Analysis Page 6-11 South Pointe West City of Diamond Bar, California Since the number of dwelling would be reduced to four, the number of vehicle trips and the number of total vehicle miles traveled would be substantially reduced. A reduction in alternative-related construction and operational emissions would incrementally reduce total emissions within the air basin. Under this alternative, no real property park dedication would occur and no in-lieu park fees would be provided to the City. Although alternative-related park demands would be reduced through the reduction in the number of dwelling units, this alternative would incrementally contribute to Citywide park deficiencies. In addition, although a limited number of new housing units would be constructed, this alternative does not substantially contribute to the supply of new housing opportunities within the City and does not serve to substantially fulfill identified housing demands. 6.3.3 “Traditional Single-Family Subdivision with Park” Alternative ƒ Alternative Project Description. Under this alternative, a more traditional single-family detached subdivision would be processed rather than the single-family detached condominium development that is now proposed. Under this development scenario, approximately 64 single-family detached homes could be accommodated on the project site. Lot sizes would increase to a minimum of 6,000 square feet. In order to accommodate these larger lots, grading quantities and the area of site disturbance would likely increase. A conceptual development plan for that alternative is presented in Figure 6-4 (“Traditional Single-Family Subdivision with Park” Alternative). Under this alternative, a new approximately 2.18 net useable acre neighborhood park would be dedicated and developed generally in the location and in the configuration now proposed. Dedicated park acreage would include a combination of in-tract area and additional WVUSD properties located beyond the tract map boundaries. Park improvements would be constructed by the Applicant as an off-set against City-imposed park in-lieu fees. ƒ Alternative Environmental Impact Analysis. Presented below is a qualitative, comparative analysis of this alternative’s potential ability to eliminate or substantially reduce those significant impacts identified herein. ◊ Biological resources (cumulative). Although the total number of dwelling units would be less under this alternative, the total area of disturbance would either remain generally the same or would increase. Since more on-site acreage could be directly impacted, under this alternative, project-level biological impacts could increase but would remain less than significant, as mitigated. Because related projects and ambient growth would continue to occur, biological resource impacts would remain cumulatively significant. ◊ Air quality (project and cumulative). Although the number of dwelling units would be less, total alternative-related construction emissions would likely be generally the same based on similarities in the number of acres that would be disturbed each day and the similar list of construction equipment. Under this alternative, construction emissions would likely remain significant. August 2006 Draft Environmental Impact Report Page 6-12 Section 6.0: Alternatives Analysis South Point West City of Diamond Bar, California Figure 6-4 “TRADITIONAL SINGLE-FAMILY SUBDIVISION WITH PARK” ALTERNATIVE Source: Hunsaker & Associates Since the number of units would decrease, the number of alternative-related trips and corresponding mobile source emissions would be less than those associated with the proposed project. Because related projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. Under this alternative a new neighborhood park and 64 new housing units would be provided. Because the park acreage is assumed to be the same as that associated with the proposed project, with the slight reduction in the number of dwelling units, the project would provide a slightly greater contribution toward meeting Citywide park needs. Draft Environmental Impact Report August 2006 Section 6.0: Alternatives Analysis Page 6-13 South Pointe West City of Diamond Bar, California Conversely, because of the fewer dwelling units, this alternative would provide a slightly reduced contribution toward meeting areawide housing demands. 6.3.4 “Proposed Project and No Stockpile Site” Alternative Use of the term “proposed project,” as used herein, is intended to suggest a similar street system, lot configuration, development type, and number of dwelling units as that now proposed by the Applicant. Since no stockpile site is proposed under this alternative, the project’s grading plan would differ from that now proposed. As a result, certain elements of the project’s design would differ from that associated with the current development application. ƒ Alternative Project Description. As illustrated in Figure 6-5 (“Proposed Project and No Stockpile Site” Alternative), under this alternative, a 99-unit single-family detached condominium development is constructed within the approximately 31.43 gross acre tract map area. The 2.18 net useable acre park is developed in generally the location and configuration now proposed. The project’s grading plan is, however, reengineered so that cut-and-fill quantities balance on the site. Through that action, which is exclusive of the approximately 3.24 gross acre portion of the neighborhood park site that extends beyond the tract map boundary, no further disturbance occurs to the approximately 7.45 gross acre stockpile site. In order to accommodate the retained soil, proposed street and pad elevations would likely increase slightly in order to balance cut and fill. Alternatively, this alternative could be implemented through the export of surplus soils materials to another off-site location. For the purpose of environmental review, it is assumed that the receiving site is located in reasonably proximity to the subject property, has been independently permitted for an unspecified land use, and requires fill materials in quantities equal to or greater than those being exported from the project site. Dedicated park acreage would include a combination of in-tract area and additional WVUSD properties located beyond the tract map boundaries. Park improvements would be provided by the Applicant as an off-set against City-imposed park in-lieu fees. ƒ Alternative Environmental Impact Analysis. Presented below is a qualitative, comparative analysis of this alternative’s potential ability to eliminate or substantially reduce those significant impacts identified herein. ◊ Biological resources (cumulative). Under this alternative, no soils materials would be placed beyond the tract map boundaries. Since the proposed stockpile site has previously been disturbed and does not possess any sensitive biological resources, unless the proposed neighborhood park site also remained unaltered, implementation of this alternative would not substantially reduce project-level biological resource impacts. Because related projects and ambient growth would continue to occur, biological impacts would remain cumulatively significant. ◊ Air quality (project and cumulative). Under this alternative, the total area of on- site disturbance would be slightly reduced. Since the amount of daily construction operations would remain generally the same, construction emissions would remain significant. Since the same development intensity is assumed, operational emissions would be similar to those associated with the proposed project. Because related projects and ambient growth would continue to occur, air quality impacts would remain cumulatively significant. August 2006 Draft Environmental Impact Report Page 6-14 Section 6.0: Alternatives Analysis South Point West City of Diamond Bar, California Figure 6-5 “PROPOSED PROJECT AND NO STOCKPILE SITE” ALTERNATIVE Source: Hunsaker & Associates Since park acreage and the number of dwelling units is assumed to be the same as associated with the proposed project, this alternative’s contribution to meeting Citywide park and areawide housing needs would be the same as at associated with the proposed project. Draft Environmental Impact Report August 2006 Section 6.0: Alternatives Analysis Page 6-15 South Pointe West City of Diamond Bar, California 6.4 Environmentally Superior Alternative The goal of this alternatives analysis has been to identify and examine a range of reasonable alternatives that would potentially avoid or substantially lessen one or more of the significant environmental effects of the proposed project. As a result, in formulating the alternatives examined herein, it has been the Lead Agency’s intent to identify one or more “environmentally superior” alternatives whose implementation could result in the avoidance or substantial reduction of one or more of those impacts. Each of the examined alternatives and the City’s preliminary assessment of each alternative’s corresponding ability to reduce or substantially avoid those significant impacts associated with the proposed project are included in Table 6-2 (Comparative Evaluation of Project Alternatives). For the purpose of this analysis, all significant environmental effects are given equal weight and balance, such that no one significant impact is assumed to be more environmentally important that another significant effect. As a result, for the purpose of comparison, alternatives can be ranked based on the number of significant impacts that would result from their implementation. Ignoring both the ability of any specific alternative to fulfill the identified project objectives and the economic, environmental, legal, social, or technological feasibility of those alternatives, a hierarchy of environmentally superior alternatives can, therefore, be established based on the number of significant impacts that would manifest from each of the development or non- development scenarios. As indicated in Table 6-2 (Comparative Evaluation of Project Alternatives), because a number of the unmitigated impacts relate to cumulative effects and since those effects will continue to manifest independent of the Lead Agency’s actions concerning the proposed project, none of build or no-build alternatives would result in the avoidance of cumulatively significant environmental effects. From a project-level perspective, the “environmentally superior” alternative would thus become the “no project” alternative. Since the “no project” alternative fails to provide the affected property owners a reasonable use of their properties, a no-build alternative would likely be considered legally and socially infeasible. CEQA stipulates that if the environmentally superior alternative is the “no project” alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives. Under the “existing authorized development and no park” alternative, the development footprint would be reduced and the protected trees located within that portion of the park area extending beyond the tract map boundaries would be retained. Although this would not result in the avoidance of any unmitigated significant impact, this alternative’s effects upon on-site biological resources would be reduced. The “existing authorized development and no park” alternative would, therefore, become the environmentally superior development-oriented alternative among those examined. Because that alternative would likely fail to provide the WVUSD with the desired revenues (from the conveyance of the South Pointe West site), the “existing authorized development and no park” alternative is considered to be economically infeasible. Under this alternative, although the number of new housing units in the City would increase, that number would be substantially reduced. In the absence of a park component, no alternative-related expansion in City park acreage would occur. August 2006 Draft Environmental Impact Report Page 6-16 Section 6.0: Alternatives Analysis South Point West City of Diamond Bar, California Table 6-2 COMPARATIVE EVALUATION OF PROJECT ALTERNATIVES Project Alternative Significant Environmental Effect Proposed Project No Project Existing Authorized Development No Park Traditional Single-Family Subdivision With Park Proposed Project No Stockpile Site Environmental Considerations Biological Resources (Cumulative) Significant Significant Significant Significant Significant Air Quality (Project) Significant Less than Significant Less than Significant Significant Significant Air Quality (Cumulative) Significant Significant Significant Significant Significant Number of Unmitigated Significant Impacts 3 2 2 3 3 Attainment of Stated Objectives City Yes No No Yes Yes Applicant Yes No No No Yes Feasibility Economic1 Yes No No Yes Yes Legal Yes No Yes Yes Yes Socially Yes No Yes Yes Yes Technologically Yes Yes Yes Yes Yes Environmentally Superior Alternative - Superior2 Superior2 - - Notes: 1. No detailed economic analysis, marketing study, or real property appraisal of the proposed project or the examined alternatives were provided to the Lead Agency by the Applicant. The preliminary determination of economic feasibility is, therefore, based on the professional judgment of the document’s authors. 2. Based on either the avoidance of site-specific impacts or the incremental reduction in the size of the project area, the area of physical disturbance, and the number of protected trees directly impacted. Source: Environmental Impact Sciences Draft Environmental Impact Report August 2006 Section 6.0: Alternatives Analysis Page 6-17 South Pointe West City of Diamond Bar, California This page intentionally left blank. August 2006 Draft Environmental Impact Report Page 6-18 Section 6.0: Alternatives Analysis South Point West City of Diamond Bar, California 7.0 LIST OF PREPARERS The State CEQA Guidelines requires that the DEIR be prepared directly by or under contract to the Lead Agency. This CEQA compliance document was prepared by Environmental Impact Sciences (EIS), operating under contract to the City and under the direction and supervision of the Department. As authorized under the State CEQA Guidelines, any person, including the Applicant, may submit information to the Lead Agency to assist in the preparation of the DEIR. Under that authorization, the Applicant provided the Lead Agency with a number of technical studies. The information presented in those studies was subsequently considered by the City in the derivation of the analysis, alternatives, and mitigation measures included herein. Those parties that have contributed to the preparation, assemblage, and analysis of the information, alternatives, and mitigation measures presented herein include those persons listed in Table 7-1 (List of Preparers). There likely exist other individuals associated with each agency, firm, and organization that may have also played a participatory role. Table 7-1 LIST OF PREPARERS Association Contact Lead Agency City of Diamond Bar Community Development Department Attn: Nancy Fong, Director Sandra Campbell, Contract Senior Planner 21825 Copley Drive Diamond Bar, California 91765-4178 (909) 839-7030 Lead Agency’s CEQA Consultant Environmental Impact Sciences (EIS) Attn: Peter Lewandowski, Principal 26051 Via Concha Mission Viejo, California 92691-5614 (949) 837-1195 GENTERRA Consultants, Inc. Attn: Joseph Kulikowski, PE, GE, President/Principal Engineer Soma Balachandran, PhD, PE Alan V. Pace, CEG Douglas A. Harriman, PE, CGWP 15375 Barranca Parkway, Suite K-102 Irvine, California 92618 (949) 753-8766 Lead Agency’s Consulting Engineers Weston Pringle & Associates Attn: Wes Pringle, PE 44 Richmond Hill Laguna Niguel, California 92677 (949) 443-5049 Lead Agency’s Consulting Biologist Thomas Leslie Corporation Attn: Thomas Leslie, PhD Nadya Leslie, Biologist 43264 Business Park Drive, Suite 106 P.O. Box 2229 Temecula, California 92593-2229 (951) 296-6232 Draft Environmental Impact Report August 2006 Section 7.0: List of Preparers Page 7-1 South Pointe West City of Diamond Bar, California Table 7-1 LIST OF PREPARERS (Continued) Association Contact Applicant South Pointe West, LLC Attn: Kurt Nelson, Project Manager Richard Gould and Steve Schwartz 3632 W. 237th Street, Suite 201 Torrance, California 90505 (310) 539-1788 Applicant’s Legal Counsel Nossaman Guthner Knox Elliott LLP Attn: Carollyn B. Lobell, Atty. 18101 Von Karman Avenue, Suite 1800 Irvine, California 92612 (949) 833-7800 Applicant’s Traffic Engineer Linscott, Law & Greenspan Attn: Richard Barretto, PE, Principal 1580 Corporate Drive, Suite 122 Costa Mesa, California 92626 (714) 641-1587 Applicant’s Geotechnical Engineer Harrington Geotechnical Engineering, Inc. Attn: Joseph Welch, Senior Geotechnical Engineer Robert Dennis, Chief Geotechnical Engineer 1590 North Brian Street Orange, California 92867-3406 (714) 637-3093 Applicant’s Hydrologist Hunsaker & Associates Attn: Lex Williman, Principal Eric Mosolgo, RCE 10179 Huennekens Street San Diego, California 92121 (858) 558-4500 Applicant’s Biologist PCR Services Corporation Attn: Steve Nelson, Director of Biological Services Ryan Henry, Senior Biologist/GIS Coordinator Crysta Dickson, Associate Biologist Stephanie Picha, Senior Biologist/Certified Arborist One Venture, Suite 150 Irvine, California 92618 (949) 753-7001 Applicant’s Hazardous Materials Consultant ENVIRON International Corporation Attn: David Liu, PhD Susan Feder, CPEA, Senior Associate Maauricio Escobar, RG, REA, Senior Associate Geologist 2010 Main Street, Suite 900 Irvine, California 92614 (949) 261-5151 Paleo Environmental Associates, Inc. Attn: E. Bruce Lander, PhD 2248 Winrock Avenue Altadena, California 91001-3205 (626) 797-9895 Applicant’s Paleontological Consultants BonTerra Consulting Attn: Brian Glenn 151 Kalmus Drive, Suite E-200 Costa Mesa, California 92626 (714) 444-9199 Source: Environmental Impact Sciences August 2006 Draft Environmental Impact Report Page 7-2 Section 7.0: List of Preparers South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 8.0: References Page 8-1 8.0 R EFERENCES ƒ Advisory Council on Historic Preservation, Treatment of Archaeological Properties, A Handbook, November 1980. ƒ American Council of the Blind, Pedestrian Safety Handbook - A Handbook for Advocates Dedicated to Improving the Pedestrian Environment Guaranteeing People who are Blind or Visually Impaired Access to Intersection Identification and Traffic Control Information, Second Edition, April 2000. ƒ Baca Associates, Landslide Evaluation and Earthwork Review, Proposed Off-Site Excess Fill Disposal, July 30, 1994. ƒ Bean, L.J. and Smith, C.R., Handbook of North American Indians, Volume 8 (California), Gabrielino, 1978. ƒ Bing Yen & Associates, As Graded Compaction Report, Basin Grading and Storm Drain Improvements, Morning Sun Landslide Site, Diamond Bar, California, January 24, 2001. ƒ Bing Yen & Associates, Evaluation of Geotechnical Constraints, South Pointe Parcels, Diamond Bar, California, August 20, 2002. ƒ Bing Yen & Associates, Geotechnical Recommendations Site Grading and Storm Drain Improvements, Morning Sun Landslide Site, Diamond Bar, California, January 19, 1999. ƒ Bittman, Roxanne, The California Natural Diversity Database: A Natural Heritage Program for Rare Species and Vegetation, Fremontia, Vol. 29:3-4, Department of Fish and Game, July/October 2001. ƒ Bjorklund, Tom, The Whittier Fault Trend: Cross Sections, Structure Maps, and Well Tops in the Major Oil Producing Area of the Northeastern Los Angeles Basin, Search and Discovery Article #10038, 2003. ƒ Blakeley, Edward J. and Mary Gail Snyder, Mary Gail, Fortress America: Gated Communities in the United States, 1997. ƒ Blakely, Edward L. and Snyder, Mary Gail, Gating America (http://www.asu.edu/caed/proceedings97/blakely.html). ƒ British Astronomical Association, Campaign for Dark Skies, The Problems Caused by Lighting, The Treat to Wildlife (http://www.star.le.ac.uk/~dbl/cfds/wildlife.html?4O#animals). ƒ California Air Resources Control Board, Office of Environmental Health Hazard Assessment, Executive Summary – For the Proposed Identification of Diesel Exhaust as a Toxic Air Contaminant, Scientific Review Panel, April 22, 1998 (http://www.arb.ca.gov/toxics/summary/dieselex/dieselex.htm). ƒ California Commission on Building for the 21st Century “Final Report of the Commission on Building for the 21st Century: Invest for California - Strategic Planning for California's Future Prosperity and Quality of Life, February 27, 2002. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 8-2 Section 8.0: References ƒ California Department of Conservation, State Mining and Geology Board, Guidelines for Evaluating and Mitigating Seismic Hazards in California, Special Publication No. 117, March 13, 1997. ƒ California Department of Conservation, Division of Mines and Geology, Maps of Known Active Fault Near-Source Zones in California and Adjacent Portions of Nevada, Seismic Mapping Bulletin No. 7, April 15, 1998. ƒ California Department of Conservation, Division of Mines and Geology, 2005 Seismic Hazard Zone Report 010: Seismic Hazard Zone Report for the Yorba Linda 7.5-Minute Quadrangle, Los Angeles, Orange, and San Bernardino Counties, California, Division of Mines and Geology, 2005. ƒ California Department of Conservation, Division of Mines and Geology, Special Publication 117, Guidelines for Evaluating and Mitigating Seismic Hazards in California, adopted March 13, 1997. ƒ California Department of Education, Local Educational Agency (LEA) Report, Local Educational Agency Summary, 2005 Accountability Progress Report, Walnut Valley Unified School District, October 10, 2005. ƒ California Department of Finance, California Current Population Survey Report, March 2002 Data, Demographic Research Unit, June 2003. ƒ California Department of Fish and Game, California’s Wildlife – Birds, California Wildlife Habitat Relationship System, B129 – Peregrine Falcon, California Interagency Wildlife Task Group, 1983. ƒ California Department of Fish and Game, Guidelines for Assessing the Effects of Proposed Projects on Rare, Threatened, and Endangered Plants and Natural Communities, December 9, 1984, Revised May 8, 2000. ƒ California Department of Fish and Game, The Vegetation Classification and Mapping Program List of California Terrestrial natural Communities Recognized by The California Natural Diversity Database, September 2003 Edition. ƒ California Department of Housing and Community Development, Raising The Roof: California Housing Development Projections and Constraints, 1997-2020, Statewide Housing Plan Update, May 2000. ƒ California Department of Justice, Crime in California, 2004: Advance Release, June 30, 2005. ƒ California Department of Transportation, Environmental Handbook, Volume I: Guidance for Compliance, Chapter 13, April 18, 2004. ƒ California Department of Transportation, Guidelines for the Official Designation of Scenic Highways, March 1996. ƒ California Department of Transportation, Manual of Traffic Controls for Construction and Maintenance Work Zones, Revision 2, December 1996. South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 8.0: References Page 8-3 ƒ California Department of Transportation, Transportation System Information Program, Travel and Fuel Forecast, California Motor Vehicle Stock, November 2001. ƒ California Economic Development Department, Labor Force Data for Sub-County Areas, Diamond Bar, October 28, 2005. ƒ California Economic Development Department, Los Angeles County – Occupations with Greatest Growth, 2001-2008, December 2003. ƒ California Economic Development Department, Los Angeles County Profile, October 28, 2005. ƒ California Economic Development Department, Los Angeles-Long Beach-Glendale Metropolitan Division (Los Angeles County), December 16, 2005. ƒ California Economic Development Department, Los Angles-Long Beach Metropolitan Statistical Area (Los Angeles County), Nine Consecutive Months of Year-Over Growth, January 14, 2005. ƒ California Emergency Medical Services Authority, EMS System Standards and Guidelines, EMSA #101, June 1993. ƒ California Energy Commission, 2005 Building Energy Efficiency Standards for Residential and Nonresidential Buildings, P400-03-001F, September 2004 (effective October 1, 2005). ƒ California Energy Commission, California Outdoor Lighting Standards Synopsis, February 1, 2002. ƒ California Energy Commission, News Release: Energy Commission Says Higher Gasoline Prices May be Changing Driving Habits, August 11, 2005. ƒ California Energy Commission, Residential Manual for Compliance with the 2001 Energy Efficiency Standards for Low-Rise Residential Buildings, Report No. P 400-01-022, approved on September 5, 2001. ƒ California Environmental Protection Agency, Environmental Protection Indicators for California, California Resources Agency, April 2002. ƒ California Integrated Waste Management Board (Cascadia Consulting Group, Inc.), Statewide Waste Characterization Study, December 2004. ƒ California Regional Water Quality Control Board, Los Angeles Region, Order No. 01- 182, NPDES Permit No. CAS004001, Waste Discharge Requirements for Municipal Storm Water and Urban Runoff Discharges within the County of Los Angeles, and the Unincorporated Cities Therein, Except the City of Long Beach, December 13, 2001. ƒ California Regional Water Quality Control Board, Los Angeles Region, Staff Report and Record of Decision - Standard Urban Storm Water Mitigation Plans and Numerical Design Standards for Best Management Practices, January 18, 2000. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 8-4 Section 8.0: References ƒ California Regional Water Quality Control Board, Los Angeles Region, State of the Watershed – Report on Surface Water Quality, June 2000. ƒ California Regional Water Quality Control Board, Los Angeles Region, Watershed Management Initiative Chapter, December 2001. ƒ California Regional Water Quality Control Board, Los Angeles Region, Water Quality Control Plan – Los Angeles Region, adopted June 13, 1994. ƒ California Stormwater Association, California Stormwater Best Management Practices Handbook - Construction, January 2003. ƒ California Water Resources Control Board Resolution No. 2001-046; Modification of Water Quality Order 99-08-DWQ State Water Resources Control Board (SWRCB) National Pollutant Discharge Elimination System General Permit for Stormwater Discharges Associated with Construction Activity, adopted by the SWRCB on 26 April 2001. ƒ Calwell Flores Winters, Inc., Justification Report for the Walnut Valley Unified School District – This Study Established the Justification for the Imposition of Developer Fees Pursuant to Applicable Law as of March 2004, adopted May 5, 2004. ƒ City of Diamond Bar, Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, May 9, 1995. ƒ City of Diamond Bar, Annotated Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Tentative Tract Nos. 32400 and 51253 and Vesting Tentative Tract No. 51407), June 3, 1994. ƒ City of Diamond Bar, Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 51253), May 17, 1995. ƒ City of Diamond Bar, Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 52203), November 5, 1996. ƒ City of Diamond Bar, City of Diamond Bar General Plan, July 25, 1995. ƒ City of Diamond Bar, Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083, July 14, 1992. ƒ City of Diamond Bar, Final Environmental Impact Report for the Diamond Bar Economic Revitalization Area, SCH No. 96111047, July 1, 1997. ƒ City of Diamond Bar, Final Environmental Impact Report for the South Pointe Master Plan, State Clearinghouse No. 92081040, June 3, 1994. ƒ City of Diamond Bar, Implementation/Mitigation Monitoring Program, July 25, 1995. ƒ City of Diamond Bar (Planning Network), Master Environmental Assessment - City of Diamond Bar, July 14, 1992. South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 8.0: References Page 8-5 ƒ City of Diamond Bar (Emcon Associates), Source Reduction and Recycling Element and Household Hazardous Waste Element, Final Report, May 1992. ƒ City of Diamond Bar, Sports Complex Task Force, Sports Complex Task Force Final Report, May 18, 2004. ƒ Conservation Biology Institute, Maintaining Ecological Connectivity across the “Missing Middle” of the Puente-Chino Hills Wildlife Corridor, Final Report, July 2005. ƒ Cooke, Michele L. and Kameda, Ayako, Mechanical Fault Interaction within the Los Angeles Basin: A Two-Dimensional Analysis using Mechanical Efficiency, Journal of Geophysical Research, Vol. 107, No. B7, July 26, 2002. ƒ County of Los Angeles (PCR Services Corporation), Biological Resources Assessment of the Proposed Puente Hills Significant Ecological Area, November 2000. ƒ County of Los Angeles (Dimensions Unlimited, Inc.), County of Los Angeles All-Hazard Mitigation Plan, Version 1.0, October 2004. ƒ County of Los Angeles, County of Los Angeles General Plan, adopted November 25, 1980, as amended on January 1993. ƒ County of Los Angeles, Department of Public Works, Interim Peak Flow Runoff Criteria for New Development, January 31, 2005. ƒ County of Los Angeles Fire Department, Prevention Bureau, Forestry Division, Brush Clearance Section, Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones, January 1998. ƒ County of Los Angeles, Significant Ecological Area Technical Advisory Committee (SEATAC), SEATAC Report and Comments, September 9, 2002. ƒ Daniel, T.C., Measuring the Quality of the Natural Environment: A Psychophysical Approach, Journal of American Psychological Association, 1990, Vol. 45(5). ƒ Dibblee, T. W., Geologic Map of the Yorba Linda/Prado Dam Quadrangles (Eastern Puente Hills), Los Angeles, Orange, San Bernardino, and Riverside Counties, California, Dibblee Geological Foundation Map #DF-75, March 2001. ƒ Drew, Edward J. and McGuigan, Jeffrey M., Prevention of Crime: An Overview of Gated Communities and Neighborhood Watch, International Foundation of Protection Officers. ƒ Field, Edward H. et al., Loss Estimates for a Puente Hills Blind-Thrust Earthquake, Los Angeles, California, Earthquake Spectra, Vol. 21, Issue 2, May 2005. ƒ First American Title Insurance Company, Preliminary Report, July 14, 2005. ƒ Governor’s Office of Planning and Research, General Plan Guidelines, Appendix C (Guidelines for the Preparation and Content of the Noise Element of the General Plan, October 2003. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 8-6 Section 8.0: References ƒ Governor’s Office of Planning and Research, The Planner’s Guide to Specific Plans, April 1998 Edition. ƒ Harnik, Peter, The Excellent City Park System – What Makes it Great and How to Get There, The Trust for Public Land, 2003. ƒ Hart, E. W., Bryant, W.G., Special Publication 42, Fault Rupture Hazard Zones in California, California Department of Conservation, Division of Mines and Geology, 1992, Revised 1997. ƒ Heizer, Robert F. (ed.), The Indians of Los Angeles County: Hugo Reid's letters of 1852, reprinted 1968. ƒ Helsley, Robert W. and William C. Strange, Gated Communities and the Economic Geography of Crime, Journal of Urban Economics, 46(1), 1999. ƒ Hickman, James C. (ed.), The Jepson Manual, Higher Plants of California, 1993. ƒ Holland, Robert F., Preliminary Description of the Terrestrial Natural Communities of California, California Department of Fish and Game, 1986. ƒ Illuminating Engineering Society of North America, Recommended Practice for Sports and Recreational Area Lighting, RP-6-01, 2001. ƒ Institute of Transportation Engineers, Guidelines for Estimating Trip Generation of Trip Generation Handbook, Second Edition, June 2004. ƒ Institute of Transportation Engineers, Residential Street Design and Traffic Control, 1989. ƒ Institute of Transportation Engineers, Trip Generation, Seventh Edition, 2003. ƒ International Conference of Building Officials, Uniform Building Code, 1997. ƒ JCC Homes, South Pointe West Specific Plan – A Master Planned Community in Diamond Bar, California, 1st Screencheck Draft: February 3, 2006. ƒ KFM Geoscience, Engineering Geologic Review, Geotechnical Investigation and Preliminary Grading Study, South Pointe West Residential Study, Diamond Bar, California, October 14, 2005. ƒ Kluh, Susan, et al., Stormwater, BMPs, and Vectors: The Impact of New BMP Construction on Local Public Health Agencies, Stormwater – The Journal for Surface Water Quality Professionals, Volume 3, No. 2, March/April 2002. ƒ Kosiorek, Andrew S., International Dark-Sky Association, Information Sheet 76, Exterior Lighting: Glare and Light Trespass, July 1996. ƒ Ledley, Tamara S., et al., Climate Change and Greenhouse Gases, EOS, Volume 80, Number 39, September 28, 1999. South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 8.0: References Page 8-7 ƒ Le Goix, Renaud, The Suburban Paradise or the Parceling of Cities? An Analysis of Discourses, Fears and Facts about the Sprawl of Gated Communities in Southern California, UCLA International Institute, 2001. ƒ Local Agency Formation Commission of Los Angeles County (Dudek and Associates, Inc.) “Draft Municipal Service Review, Water Service – East San Gabriel Valley, May 2005. ƒ Longcore, Travis and Rich, Catherine, Ecological Light Pollution, Frontiers in Ecology and the Environment, Volume 2, No. 4, 2004. ƒ Los Angeles County Department of Public Works, Development Planning for Storm Water Management: A Manual for the Standard Urban Storm Water Mitigation Plan, September 2002. ƒ Los Angeles County Department of Public Works, Hydrology Manual, Hydraulic/Water Conservation Division, December 1991. ƒ Los Angeles County Department of Public Works, Sedimentation Manual, Hydraulic/ Water Conservation Division, June 1993. ƒ Los Angeles County Department of Regional Planning (PCR Services Corporation, Frank Hovore & Associates, FORMA Systems), Biological Resource Assessment of the Proposed Puente Hills Significant Ecological Area, November 2000. ƒ Los Angeles County Fire Department, Pre-Fire Management Plan, June 23, 2004. ƒ Los Angeles County Fire Department, Prevention Bureau, Information on Fire Flow Availability for Building Permit, Form 195, January 2002. ƒ Los Angeles County Metropolitan Transportation Authority, 2004 Congestion Management Program for Los Angeles County, adopted July 22, 2004. ƒ Los Angeles County Metropolitan Transportation Authority, Short Range Transportation Plan for Los Angeles County, Technical Document 2003, 2003. ƒ Los Angeles County Sheriff’s Department, 2004 Crime and Arrest Statistics, 2005. ƒ Los Angeles County Solid Waste Management Committee, Integrated Waste Management Task Force, Solid Waste Inside, Winter 2004. ƒ Metzer, Marco E., et al., The Dark Side of Stormwater Runoff Management: Disease Vectors Associated with Structural BMPs, Stormwater – The Journal for Surface Water Quality Professionals, Volume 3, No. 2, March/April 2002. ƒ Morton, D.M., Preliminary Digital Geologic Map of the Santa Ana 30' x 60' Quadrangle, Southern California, Open-File Report 99-172, United States Geological Survey, 2004. ƒ Morton, D.M., Alvarez, R.M., and Campbell, R.H., Preliminary Soil-Slip Susceptibility Maps, Southwestern California, Open-File Report 03-17, United States Geological Survey, 2003. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 8-8 Section 8.0: References ƒ National Association of Home Builders, Housing: The Key to Economic Recovery, Fall 2002. ƒ National Fire Protection Association, NFPA 1710 - Standards for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments, 2001 Edition. ƒ Newman, Oscar, Defensible Space – Crime Prevention through Urban Design, 1973. ƒ Northeast States for Coordinated Air Use Management, Evaluating the Occupational and Environmental Impact of Nonroad Diesel Equipment in the Northeast, Interim Report, June 9, 2003. ƒ Ong, Paul, et al., The State of Southern California’s Housing, The Ralph & Goldy Lewis Center for Regional Policy Studies, UCLA School of Public Affairs, 2004. ƒ Orange County Fire Authority, Design and Installation of Emergency Access Gates and Barriers, Guideline B-06, January 23, 2004. ƒ Penrod, K., Hunter, R, and Merrifield, M., Missing Linkages: Restoring Connectivity to the California Landscape, Conference Proceedings, Cosponsored by California Wilderness Coalition, The Nature Conservancy, United States Geological Survey, Center for Reproduction of Endangered Species, and California State Parks, 2001. ƒ Penrod, Kristeen, et al., South Coast Missing Linkages Project: A Linkage Design for the San Gabriel-Castaic Connection, South Coast Wildlands, March 2004. ƒ Peterson, Mark D., et al., Open-File Report 96-08, Probabilistic Seismic Hazard Assessment for the State of California, California Department of Conservation, Division of Mines and Geology, 1996. ƒ Pratt, Thomas L, et al., Shallow Seismic Imaging of Folds above the Punte Hills Blind- Thrust Fault, Los Angeles, California, Geophysical Research Letters, Vol. 29, No. 9, 1304, 2002. ƒ Raettig, Terry L., Elmer, Dawn M. and Christensen, Harriet H., Atlas of Social and Economic Conditions and Change in Southern California, General Technical Report PNW-GTR-516,United States Department of the Interior, Forest Service, September 2001. ƒ San Diego Associated Governments, San Diego Traffic Generators, April 2002. ƒ San Gabriel Mountains Regional Conservancy (CDM), Draft Technical Report – Watershed Management Plan for the San Gabriel River above Whittier Narrows, January 18, 2005. ƒ San Gabriel Valley Council of Governments, Our Vision – Our Future, 2004. ƒ San Gabriel Valley Council of Governments (IBI Group), San Gabriel Valley Regional Demographic Profile, Indicator Report, June 30, 2003. South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 8.0: References Page 8-9 ƒ San Gabriel Valley Council of Governments (IBI Group), SCVCOG Growth Visioning Project Summary Evaluation Report on Alternative Growth Scenarios, June 30, 2003. ƒ Shaw, John H., et al., Puente Hills Blind-Thrust System, Los Angeles, California, Bulletin of the Seismological Society of America, Vol. 92, No. 8, December 2002. ƒ Society of Vertebrate Paleontology, Standard Guidelines for the Assessment and Mitigation of Adverse Impacts to Nonrenewable Paleontologic Resources, 2005. ƒ South Coast Air Quality Management District, CEQA Air Quality Handbook, April 1993. ƒ South Coast Air Quality Management District, Final Draft – An Air Toxic Control Plan for the Next Ten Years, March 2000. ƒ Southern California Association of Governments, Draft Regional Comprehensive Plan, Preliminary Draft Action Plan for Land Use and Housing Chapter, Community, Economic and Human Development Committee, October 2005. ƒ Southern California Association of Governments, 2004 Regional Transportation Plan – Destination 2030, April 2004. ƒ Southern California Association of Governments, Final 2004 Regional Transportation Plan Program Environmental Impact Report, SCH No. 2003061075, April 2004. ƒ Southern California Association of Governments, Regional Comprehensive Plan and Guide, March 1996. ƒ Southern California Association of Governments, 2004 Regional Transportation Plan – Destination 2030, April 2004. ƒ Southern California Association of Governments, Southern California Compass – Growth Vision Report, June 2004. ƒ Southern California Association of Governments, The New Economy and Jobs/Housing Balance in Southern California, April 2001. ƒ Southern California Association of Governments, The State of the Region 2004 – Measuring Regional Progress, December 2004. ƒ Southern California Chapter of the American Public Works Association, Work Area Traffic Control Handbook, Eighth Edition, Uniform Practices and Utility Coordination Committee, BNI Publication, 1996. ƒ Southern California Coastal Water Research Project, Request for Proposal – Peak Discharge Impact Study, 2002. ƒ Southern California Earthquake Center, Major Losses of Up to $250 Billion Projected on Earthquakes on Puente Hills Fault under Los Angeles (http://www.scec.org/research/050525puentehills.html). ƒ State of California, Governor’s Office of Emergency Services, State of California Emergency Plan, May 1998. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 8-10 Section 8.0: References ƒ State of California, Governor’s Office of Planning and Research, The Planner’s Guide to Specific Plans, January 2001 Edition. ƒ State of California, Supplement to General Plan Guidelines – Tribal Consultation Guidelines, April 15, 2005. ƒ Tan, S.S., Landslide Hazards in the Puente Hills and San Jose Hills, Southern California, Open File Report 88-21, California Department of Conservation, Division of Mines and Geology, 1988. ƒ The New Building Institute, Inc., Advanced Lighting Guidelines, 2003. ƒ The Planning Associates, South Pointe Planned Community Regulations and Development Standards, September 1992. ƒ Tibor, David (ed.), Inventory of Rare and Endangered Plants of California, Sixth Edition, 2001. ƒ Triad Geotechnical Consultants, Findings of Landslide Investigation, Tract 51253, Morning Sun Avenue, Diamond Bar, California, May 23, 1995. ƒ United States Army Corps of Engineers (Environmental Laboratory), Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, 1987. ƒ United States Army Corps of Engineers, Habitat Mitigation and Monitoring Proposal Guidelines, Los Angeles District Regulatory Branch, June 1, 1993. ƒ United States Department of Agriculture Natural Resources Conservation Service, Report and General Soil Map Los Angeles County California, June 1967, revised December 1969. ƒ United States Department of Interior, Bureau of Land Management, Visual Resource Management Program, United States Department of the Interior, Washington, DC, 1980; United States Department of Interior, Bureau of Land Management, Visual Resource Inventory, BLM Manual Handbook H-8410 -1, January 17, 1986. ƒ United States Department of Transportation, Federal Highway Administration, Manual on Uniform Traffic Control Devices for Streets and Highways, 2003 Edition. ƒ United States Department of Transportation, Federal Highway Administration, Part VI Standards and Guides for Traffic Controls for Street and Highway Construction, Maintenance, Utility and Incident Management Operations, September 3, 1993. ƒ United States Department of Transportation, Visual Impact Assessment for Highway Projects, Federal Highway Administration, March 1981. ƒ United States Environmental Protection Agency, Climate Change and California, EPA 230-F-97-008e, September 1997. ƒ United States Environmental Protection Agency, National-Scale Air Toxics Assessment for 1999: Estimated Emissions, Concentrations and Risk, Technical Fact Sheet (http://www.epa.gov/ttn/atw/nata1999/natafinalfact.html). South Pointe West City of Diamond Bar, California Draft Environmental Impact Report August 2006 Section 8.0: References Page 8-11 ƒ United States Environmental Protection Agency, Storm Water Management Fact Sheet – Dust Control, EPA 832-F-99-003, September 1999. ƒ United States Government Printing Office, Federal Register, Volume 67, Number 38, February 26, 2002. ƒ Vincente Geotechnical Services, Summary of Available Geotechnical Information and Evaluation of Geotechnical Constraints, South Pointe West Site, Walnut Valley Unified School District, Diamond Bar, California, January 20, 2004. ƒ Wachs, Martin, and Beal, Taxing our Highways, Westways Magazine, November/ December 2000. ƒ Wilson-Doenges, G., An Exploration of Sense of Community and Fear of Crime in Gated Communities, Environment and Behavior, Volume 32, No. 5, September 2000. ƒ Woodward-Clyde Consultants, Addendum 1 to the Morning Sun Landslide Emergency Response, Geologic/Geotechnical Report, Diamond Bar, California, August 29, 1996. ƒ Woodward-Clyde Consultants, Final Compaction Report Morning Sun Landslide, Phase I, Diamond Bar, California, July 17, 1998. ƒ Woodward-Clyde Consultants, Final Compaction Report Morning Sun – Phase II Grading, Diamond Bar, California, February 27, 2001. ƒ Yeats, Robert S., Tectonics of the San Gabriel Bain and Surroundings, Southern California, Geological Society of America Bulletin, September/October 2004. ƒ Yost, Peter and Lund, Eric, Residential Construction Waste Management: A Builder’s Field Guide, National Association of Homebuilders Research Center, 1996. South Pointe West City of Diamond Bar, California August 2006 Draft Environmental Impact Report Page 8-12 Section 8.0: References This page intentionally left blank. South Pointe West City of Diamond Bar, California Appendix I-A Initial Study and Notice of Preparation Draft Environmental Impact Report August 2006 Technical Appendix This page intentionally left blank. NOTICE OF PREPARATION To: Attached Distribution List From: Ms. Nancy Fong, Interim Community Development Director City of Diamond Bar Community and Development Services 21825 Copley Drive Diamond Bar, California 91765-4178 Telephone: (909) 839-7030 Facsimile: (909) 861-3117 Email: nancy.fong@ci.diamond-bar.ca.us SUBJECT: NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT The City of Diamond Bar (City) will be the Lead Agency and will prepare a project-level environmental impact report (EIR) for the real property conveyance, residential and neighborhood park development, and street and related infrastructure improvement project identified below. The City needs to know the views of your agency as to the scope and content of the environmental information that is germane to your agency’s statutory responsibilities in connection with the proposed project. Your agency will need to use the EIR prepared by the City when considering your permit or other approval for the project. The project description, location, and the potential environmental effects are contained in the attached materials. A copy of the Initial Study and Project Description is attached. Due to the time limits mandated by State law, your response must be sent to the City at the earliest possible date but not later than thirty (30) days after receipt of this notice. Please send your response to Nancy Fong, AICP at the address shown above. The City will need the name for the contact person in your agency. Project Title: South Pointe West Specific Plan General Plan Amendment 2005-01 / Specific Plan 2005-01 Vesting Tentative Tract Map 063623 / Tree Permit 2005-06 Lot-Line Adjustment LLA 2005-003 / Conditional Use Permit 2005-05 Development Review 2005-06 / Development Agreement 2005-01 Project Location: South of the State Route (SR) 60 Freeway and Golden Springs Drive, west of the SR-57 Freeway and Brea Canyon Road, north of Pathfinder Road, east of western corporate boundary of the City, and inclusive of a portion of Morning Sun Avenue APN: 8763-026-907, 8765-005-902 and 905, 8756-005-001 thru 003 Project Applicant: LJCC - South Point West, LLC 2632 W. 237th Street, Suite 201 Torrance, California 90505 Attn: Kurt Nelson, Project Manager Telephone: (310) 539-1788 FAX: (310) 539-4828 Scoping Meeting: South Coast Air Quality Management District/Government Center, Room CC-6 (21865 Copley Drive, Diamond Bar, California 91765) December 15, 2005 at 7:00 PM Date: November 23, 2005 Signature: Title: Interim Community Development Director Telephone: (909) 839-7030 Reference: Code of Federal Regulations, Title 14 (State CEQA Guidelines), Section 15082(a), 15103, and 15375. This page intentionally left blank. South Pointe West City of Diamond Bar, California INITIAL STUDY PART 1 Project Location: The approximately 44.8-acre project site is located primarily in the City of Diamond Bar (City or Lead Agency), an incorporated community situated along the western edge of Los Angeles County (County). That portion of the project site associated with remediation of landslide-induced damage to Morning Sun Avenue is located in an unincorporated area of the County, east of the Los Angeles Royal Vista Golf Course. As illustrated in Figure 1 (Regional Vicinity Map), Figure 2 (Local Vicinity Map), and Figure 3 (Los Angeles County Assessors’ Parcel Maps), the project site is generally located south of the State Route 60 (Pomona) Freeway and Golden Springs Drive, west of the State Route 57 (Orange) Freeway and Brea Canyon Road, north of Pathfinder Road, and east of western corporate boundary of the City. More specifically, the project site is located south of Larkstone Drive, north of Peaceful Hills Road, and east and inclusive of a portion of Morning Sun Avenue. Project Description: • Real Property Conveyance. Through the processing of a lot-line adjustment or other land division process, approximately 24.6 acres of the project site is being purchased from and being conveyed by the Walnut Valley Unified School District (WVUSD or District) to the project proponent. The property being purchased has been identified as surplus by the WVUSD. The WVUSD owns other adjoining real property which is not part of the proposed conveyance. That area includes, but is not limited to, an approximately 13.5-acre area that is included in the project to be examined in the upcoming environmental impact report (EIR). As proposed, an approximately 2.0-acre portion of that acreage will be developed as a neighborhood park and the remaining acreage will be used for the temporary or permanent storage of surplus soil materials generated through the grading of the tract map and neighborhood park areas. • Residential Development. As illustrated in Figure 4 (Vesting Tentative Tract Map No. 063623), among other requested entitlements, proposed is the adoption of a specific plan and vesting tentative tract map on an approximately 31.3-acre site located in the City of Diamond Bar. As proposed, 98 single-family, detached condominium units will be constructed within a gated residential enclave. All residences will be detached, single-family structures, created via an airspace condominium plan, the boundaries of which will contain the entire structure and private yard areas. Each residence will have its own private rear yard, driveway, and 2-car garage. Each condominium unit, including the exterior surfaces of the residences and the yard areas, shall be entirely owned and maintained by the individual owners. As illustrated in Figure 5 (South Pointe West Specific Plan Land Use Plan), proposed is the adoption of a specific plan, establishing site-specific development standards applicable to all lands and buildings within the project site. The specific plan shall identify design standards unique to this project, such as creation of detached residential condominium units wherein the airspace contains private yard areas, with minimum setbacks that deviate from those normally associated with detached single-family homes within the City. The specific plan will identify those proposed project design standards that are not consistent with existing City policies. • Neighborhood Park. An approximately 2.8-acre neighborhood park, split between two pads, will be dedicated and improved as a part of the project. Approximately 2.0 acres of the park site is located to the east of the tract map area and will be contributed by or acquired from the WVUSD from its other project area real property holdings. Approximately 0.8 acres of the neighborhood park site is located within the tract map boundaries and will be dedicated and improved by the project proponent. It is anticipated that the park will be primarily utilized for passive recreational uses. Improvements may include, but are not limited to, low-intensity lighting, drinking fountains, Initial Study November 2005 Environmental Checklist Page 1-1 South Pointe West City of Diamond Bar, California walking paths, tot-lot play areas, and will incorporate public art. No active, formal sports playing fields, courts, or activity areas are presently contemplated within the park boundaries. • Street Improvement. A portion of the project site fronts along Morning Sun Avenue, which is a public street located in unincorporated Los Angeles County. A portion of Morning Sun Avenue was damaged during reactivation of the May 1995 landslide which occurred on an approximately 6.0-acre portion of the project site. The County has initiated independent efforts to repair that landslide damage. In the event those repairs are not implemented prior to the construction of the proposed project, the repair of a portion of Morning Sun Avenue may be undertaken by the project proponent in the course of its removal of the landslide material and geotechnical stabilization of the affected portion of the project site. Because of the likelihood of such geotechnical stabilization work impacting a portion of the Morning Sun Avenue right-of-way, a portion of the Morning Sun Avenue right-of-way has, for purposes of CEQA compliance, been included in the project description and within the project boundaries depicted herein. However, that right-of-way may be subsequently deleted from the project if improved by the County independent of the proposed project. Once the slide removal and related street repairs are completed, this right-of-way will not remain a part of project proponent's residential development project, except to the extent that future project residences travel over Morning Sun Avenue to access one of the two gated entrances to the private streets. • Gates and Private Streets. The project residences will be served by private streets accessed through two gates with entries from the Morning Sun Avenue and Larkstone Drive public rights-of- way. Access gates will be activated through numerical codes, transponders, telephone links or some combination thereof. The private streets shall be maintained by a common interest homeowners’ association. • Drainage Improvements. The majority of the undeveloped site presently drains in a north- westerly direction to an existing detention basin before deposit into a receiving, re-enforced concrete pipe (RCP) inlet. The northern portion of the site drains to the north-east to a receiving 30-inch RCP storm drain within Larkstone Drive. All runoff from the developed residential project will drain to three points of discharge, with the majority of the area continuing to drain to the existing northwest detention basin and thence to the existing 36-inch RCP storm drain and two smaller areas to storm drains in Morning Sun Avenue and Larkstone Drive. The two pads comprising the proposed neighborhood park site will drain to the above referenced existing 30- inch storm drain in Larkstone Drive. As indicated in current County storm drain plans, the receiving 36-inch storm drain has a design capacity of 97.7 cubic feet per second (cfs), which appears sufficient to convey the estimated 75.7 cfs of developed flows mitigated by the existing detention basin. The two existing 30-inch RCP storm drains within Morning Sun Avenue and Larkstone Drive appear to have sufficient capacity to safely convey the developed flows from the developed project site. In order to comply with all standard urban storm water mitigation plan (SUSMP) requirements for treatment of site runoff, Best Management Practices (BMPs) shall include the use of continuous deflective separation (CDS) storm water pollution control devices. • Stockpile Site. Located to the east of the tract map area is an approximately 13.5-acre area which will be used as a stockpile site for surplus soils materials exported from the tract map area. No development plans are currently proposed within that area. Site topography and geotechnical conditions are such that project grading will result in excess cut of approximately 55,000 to 60,000 cubic yards of earth being permanently placed upon the WVUSD export site. Based on the declarations of the project proponent, the WVUSD has agreed to allow use of this 13.5-acre area for permanent placement of export fill. Potential Environmental Effects: Pursuant to Section 15063 of the State CEQA Guidelines, the City of Diamond Bar – Community and Development Services Department (Department) prepared this Initial Study and determined that the November 2005 Initial Study Page 1-2 Environmental Checklist South Pointe West City of Diamond Bar, California project, as now proposed, had the potential to produce significant or potentially significant environmental effects, thus predicating the need for the preparation of an environmental impact report (EIR). The Initial Study provides the Department’s preliminary assessment of the project’s potential environmental effects and indicates that the project, either directly or indirectly, could result in the generation of significant or potentially significant effects relative to certain aspects of the following topical issues, including: (1) aesthetics; (2) air quality; (3) biological resources; (4) cultural resources (paleontology); (5) geology and soil; (6) hydrology and water quality; (7) land use and planning; (8) noise; (9) public services (police services, fire protection, and schools); (10) transportation and traffic; and (11) utilities and service systems (wastewater). As evidenced by the information presented herein, in combination with that presented in the previously certified “Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Tentative Tract Nos. 32400 and 51253 and Vesting Tentative Tract No. 51407)” (City of Diamond Bar, June 3, 1994), no additional issues manifest or potentially manifest as significant environmental impacts. As a result, unless substantial evidence is presented to the Lead Agency, no further analysis of any additional topical issues will be presented in the upcoming EIR. Scoping Meeting: A scoping meeting has been scheduled on December 15, 2005 at 7:00 PM at the South Coast Air Quality Management District/Government Center – Room CC-6 (21865 Copley Drive, Diamond Bar, California 91765). In addition to the conveyance of preliminary information about the proposed project, the purpose of the scoping meeting will be to solicit public and agency comments concerning the contents of the upcoming EIR, including any recommended mitigation measures and/or any recommended project alternatives that should be considered by the Lead Agency. Initial Study November 2005 Environmental Checklist Page 1-3 South Pointe West City of Diamond Bar, California This page intentionally left blank. November 2005 Initial Study Page 1-4 Environmental Checklist South Pointe West City of Diamond Bar, California PROJECT SITE NOT TO SCALE Figure 1 REGIONAL VICINITY MAP Source: Los Angeles County Initial Study November 2005 Environmental Checklist Page 1-5 South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 2 LOCAL VICINITY MAP Source: PCR Services Corporation November 2005 Initial Study Page 1-6 Environmental Checklist South Pointe West City of Diamond Bar, California Proposed Development Area (31.3± Acres) Portion of the Proposed Neighborhood Park and the Stockpile Area (13.5± Acres) Not a Part NOT TO SCALE Figure 3 LOS ANGELES COUNTY ASSESSORS’ PARCEL MAPS Source: County of Los Angeles Initial Study November 2005 Environmental Checklist Page 1-7 South Pointe West City of Diamond Bar, California Figure 4 VESTING TENTATIVE TRACT MAP NO. 063623 Source: Hunsaker & Associates Initial Study November 2005 Environmental Checklist Page 1-8 South Pointe West City of Diamond Bar, California NOT TO SCALE Figure 5 SOUTH POINTE WEST SPECIFIC PLAN LAND USE PLAN Source: T&B Planning Consultants Initial Study November 2005 Environmental Checklist Page 1-9 South Pointe West City of Diamond Bar, California This page intentionally left blank. November 2005 Initial Study Page 1-10 Environmental Checklist South Pointe West City of Diamond Bar, California INITIAL STUDY PART 2 1. Project Title: South Pointe West General Plan Amendment No. 2005-01 Specific Plan No. 2005-01 Vesting Tentative Tract No. 063623 Lot-Line Adjustment LLA2005-003 Conditional Use Permit No. 2005-01 Tree Permit No. 2005-06 Development Review No. 2005-27 Development Agreement No. 2005-01 Environmental Impact Report 2005-01 2. Lead Agency Name/Address: City of Diamond Bar - Community Development Department 21825 Copley Drive, Diamond Bar, California 91765-4178 3. Contact Person: Nancy Fong, Interim Community Development Direction (909) 839-7030 4. Project Location: Larkstone Drive / Morning Sun Avenue, Diamond Bar, California Los Angeles County Assessor’s Parcel Nos. 8763-026-907 portion, 8765-005-902 portion, 8765-005-905 portion, 8756-005-001 thru 003 Thomas Bros. Los Angeles County Map Book: Page 679 (G-4) 5. Project Sponsor: LJCC - South Pointe West, LLC (Attn: Kurt Nelson, Project Manager) 2632 W. 237th Street, Suite 201, Torrance, California 90505 6. General Plan Designation: Planning Area 4/SP. PA-4 consists of 82 vacant acres and is located west of Brea Canyon Road, north of Peaceful Hills Road and south of South Pointe Middle School. Land use designations appropriate for this planning area include Park (PK), Public Facilities (PF) and Open Space (OS). The most sensitive portion of the site shall be retained in permanent open space. The site plan shall incorporate the planning and site preparation to accommodate the development of Larkstone Park of a suitable size and location to serve the neighborhood as approved by the City. Note: The approximately 44.8-acre project site includes only a portion of the 82-acre PA-4. As proposed, approximately 31.3 acres constitutes the residential development and a portion of the neighborhood park site, with approximately 13.5 additional acres located adjacent to the eastern boundary of the tract map area. As proposed, an approximately 2.0-acre portion of that 13.5-acre area will be developed for park purposes and a portion will be utilized for the temporary stockpiling or the permanent placement of earth material. 7. Zoning Designation: RPD 10,000 6U (Building Restrictions - 1 Unit/Parcel) 8. Description of Project: Following the conveyance of certain real property interests from the Walnut Valley Unified School District, the applicant (South Pointe West, LLC ) seeks, through a general plan amendment, zone change, specific plan, development agreement, tree permit, site plan review, and other associated entitlements, City approval to: (1) subdivide the project site to allow for the construction, sale, and habitation of 98 detached condominium units within a new gated residential enclave with private streets and passive open space area; (2) construct, Initial Study November 2005 Environmental Checklist Page 2-1 South Pointe West City of Diamond Bar, California improve, and subsequently convey to the City an approximately 2.8- acre neighborhood park (Larkstone Park), split between two pads; (3) implement such remedial grading activities as may be required to address existing site conditions; (4) undertake or pay a fair-share contribution toward specific off-site street improvements; and (5) implement those flood control and other infrastructure improvements as may be required for the implementation of the proposed project. Approximately 2.0 acres of the proposed park site will be contributed by or purchased from the WVUSD and approximately 0.8 acres of the park site will be dedicated by the applicant from the subject property. All residents will be detached, single-family structures created via airspace condominium plan, boundaries of which will contain the entire structure and private yard areas. Each residence will have its own private rear yard, driveway, and 2-car garage. Condominium plans creating the residential units will be recorded on Lots 1-8 of the proposed vesting tentative tract map. The tract map will also establish six lots containing slope areas and one lot for the private streets, all to be maintained by the to-be-established homeowners’ association. One additional lot will contain the proposed public park to be dedicated to the City. The proposed “South Pointe West Specific Plan” will establish development standards applicable to all lands and buildings within the approximately 31.3-acre development area. 9. Surrounding Land Uses North: South Pointe Middle School and Residential and Setting: South: Open Space & Residential (Pleasant Hills) (Tract No. 32576) East: Open Space and Residential (Diamond Crest Estates) West: Morning Sun Avenue and Residential (Tract No. 27141) Los Angeles Royal Vista Golf Course 10. Other agencies whose (1) Walnut Valley Unified School District approval may be required: (2) County of Los Angeles (Department of Public Works) (3) Regional Water Quality Control Board, Los Angeles Region (4) United States Army Corps of Engineers (5) California Department of Fish and Game Environmental Factors Potentially Affected: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. + Aesthetics Hazards/Hazardous Materials + Public Services Agricultural Resources + Hydrology/Water Quality + Recreation + Air Quality + Land Use + Transportation/Traffic + Biological Resources Mineral Resources + Utilities/Service Systems Cultural Resources + Noise + + Geology/Soils Population/Housing Mandatory Findings of Significance November 2005 Initial Study Page 2-2 Environmental Checklist South Pointe West City of Diamond Bar, California Determination: On the basis of this initial evaluation: I find that the proposed project could not have a significant effect on the environment and a negative declaration will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made or agreed to by the project proponent. A mitigated negative declaration will be prepared. I find that the proposed project may have a significant effect on the environment, and an environmental impact report is required. I find that the proposed project may have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a “potentially significant impact” or “potentially significant unless mitigated.” An environmental impact report is required, but it must analyze only the effects that remain to be addressed. + I find that the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier environmental impact report or negative declaration pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier environmental impact report or negative declaration, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. As indicated in Section XVIII (Earlier Analysis), the potential environmental impacts associated with the development of the project site and other adjoining properties (inclusive of Lots 46-48 of Tract 32576 and Lot 53 of Tract 35742) for residential, commercial, institutional, and recreational and open space land uses was previously analyzed by the City of Diamond Bar in the “Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040” (Tentative Tract Nos. 32400 and 51253 and Vesting Tentative Tract No. 51407), as certified by the City Council of the City of Diamond Bar on June 3, 1994. November 23, 2005 Signature Date Nancy Fong, Interim Community Development Director City of Diamond Bar Printed Name Lead Agency Initial Study November 2005 Environmental Checklist Page 2-3 South Pointe West City of Diamond Bar, California Evaluation of Environmental Impacts: (1) A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on the project-specific screening analysis). (2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. (3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. “Potentially Significant Impact” is appropriate if there is substantial evidence that an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required. (4) “Negative Declaration: Less than Significant with Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVIII, “Earlier Analyses” may be cross-referenced). (5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: (a) Earlier Analyses Used. Identify and state where they are available for review. (b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. (c) Mitigation Measures. For effects that are “Less than Significant with Mitigation Incorporated,” describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. (6) Lead Agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where applicable, include a reference to the page or pages where the statement is substantiated. (7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. (8) The is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project’s environmental effects in whatever format is selected. (9) The explanation of each issue should identify: (a) The significance criteria or threshold, if any, used to evaluate each question; and (b) The mitigation measure identified, if any, to reduce the impact too less than significance. November 2005 Initial Study Page 2-4 Environmental Checklist South Pointe West City of Diamond Bar, California Issues and Supporting Sources Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less Than Significant Impact No Impact I. Aesthetics. Would the project: (a) Have a substantial adverse effect on a scenic vista? + (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? + (c) Substantially degrade the existing visual character or quality of the site and its surroundings? + (d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? + II. Agricultural Resources. In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmlands. Would the project: (a) Convert prime farmland, unique farmland, or farmland of Statewide importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? + (b) Conflict with existing zoning for agricultural use or a Williamson Act contract? + (c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? + III. Air Quality. Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determination. Would the project: (a) Conflict with or obstruct implementation of the applicable air quality plan? + (b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? + (c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or State ambient air quality standards (including releasing emissions that exceed quantitative thresholds for ozone precursors)? + (d) Expose sensitive receptors to substantial air pollutant concentrations? + (e) Create objectionable odors affecting a substantial number of people? + IV. Biological Resources. Would the project: (a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or United States Fish and Wildlife Service? + (b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the CDFG or USFWS? + (c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Federal Clean Water Act (including, but not limited to, marsh, vernal pool, coastal) through direct removal, filling, hydrological interruption, or other means? + Initial Study November 2005 Environmental Checklist Page 2-5 South Pointe West City of Diamond Bar, California Issues and Supporting Sources Potentially Potentially Significant Impact Significant Unless Mitigation Incorporated Less Than Significant No ImpactImpact (d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors or impede the use of native wildlife nursery sites? + (e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? + (f) Conflict with the provisions of an adopted habitat conservation plan (HCP), natural community conservation plan (NCCP), or other approved local, regional, or State habitat conservation plan? + V. Cultural Resources. Would the project: (a) Cause a substantial adverse change in the significance of a historic resource as defined in Section 15064.5 of the State CEQA Guidelines? + (b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section 15064.5 of the State CEQA Guidelines? + (c) Directly or indirectly, destroy a unique paleontological resource, site, or unique geologic feature? + (d) Disturb human remains including those interred outside of formal cemeteries? + VI. Geology and Soils. Would the project: (a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: (i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? (ii) Strong seismic ground shaking? (iii) Seismic- related ground failure, including liquefaction? (iv) Landslides? + (b) Result in substantial soil erosion or loss of topsoil? + (c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on-site or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? + (d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risk to life or property? + (e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? + VII. Hazards and Hazardous Materials. Would the project: (a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? + (b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? + (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? + (d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Section 65962.5 of the California Government Code and create a significant hazard to the public or to the environment? + November 2005 Initial Study Page 2-6 Environmental Checklist South Pointe West City of Diamond Bar, California Issues and Supporting Sources Potentially Potentially Significant Impact Significant Unless Mitigation Incorporated Less Than Significant No ImpactImpact (e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? + (f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the area? + (g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? + (h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? + VIII. Hydrology and Water Quality. Would the project: (a) Violate any water quality standards or waste discharge requirements? + (b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of preexisting wells would drop to a level which would not support existing or planned land uses for which permits have been granted)? + (c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on the site or off the site? + (d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on the site or off the site? + (e) Create or contribute to runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? + (f) Otherwise substantially degrade water quality? + (g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? + (h) Place within a 100-year flood hazard area structures that would impede or redirect flood flow? + (i) Expose people or structures to a significant risk of loss, injury, or death involving flooding including flooding as a result of failure of a levee or dam? + (j) Be subject to inundation by seiche, tsunami, or mudflow? + IX. Land Use and Planning. Would the project: (a) Physically divide an established community? + (b) Conflict with applicable land use plans, policies, or regulations of an agency with jurisdiction over the project adopted for the purpose of avoiding or mitigating an environmental effect? + (c) Conflict with an applicable habitat conservation plan or natural community conservation plan? + Initial Study November 2005 Environmental Checklist Page 2-7 South Pointe West City of Diamond Bar, California Issues and Supporting Sources Potentially Potentially Significant Impact Significant Unless Mitigation Incorporated Less Than Significant No ImpactImpact X. Mineral Resources. Would the project: (a) Loss of availability of a known mineral resource that would be of value to the region and the residents of the state? + (b) Loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? + XI. Noise. Would the project result in: (a) Expose persons to or generate noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? + (b) Expose persons to or generate excessive ground-borne vibration or ground-borne noise levels? + (c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? + (d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? + (e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? + (f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? + XII. Population and Housing. Would the project (a) Induce substantial population growth in an area, either directly (e.g., proposing new homes and businesses) or indirectly (e.g., extension of roads or other infrastructure)? + (b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? + (c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? + XIII. Public Services. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the following public services: (a) Fire protection? + (b) Police protection? + (c) Schools? + (d) Parks? + (e) Other public facilities? + XIV. Recreation. (a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? + (b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? + November 2005 Initial Study Page 2-8 Environmental Checklist South Pointe West City of Diamond Bar, California Initial Study November 2005 Environmental Checklist Page 2-9 Issues and Supporting Sources Potentially Potentially Significant Impact Significant Unless Mitigation Incorporated Less Than Significant No ImpactImpact XV. Transportation and Traffic. Would the project: (a) Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume-to-capacity ratio, or congestion at intersections)? + (b) Exceed, individually or cumulatively, a level of service standard established by the County congestion management agency for designed roads or highways? + (c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? + (d) Substantially increase hazards due to a design feature or incompatible uses? + (e) Result in inadequate emergency access? + (f) Result in inadequate parking capacity? + (g) Conflict with adopted policies, plans, or programs supporting alternative transportation? + XVI. Utilities and Service Systems. Would the project: (a) Exceed wastewater treatment requirements of the RWQCB? + (b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? + (c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? + (d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? + (e) Result in a determination by the wastewater treatment provider that serves or may serve the project that has inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? + (f) Be served by a landfill with insufficient permitted capacity to accommodate the project’s solid waste disposal needs? + (g) Comply with federal, State, and local statutes and regulations related to solid waste? + XVII. Mandatory Findings of Significance (a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish/wildlife species, cause a fish/wildlife population to drop below self- sustaining levels, threaten to eliminate a plant/animal community, reduce the number or restrict the range of a rare/endangered plant/animal, or eliminate important examples of the major periods of California history/prehistory? + (b) Does the project have impacts that are individually limited, but cumulatively considerable? + (c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? + South Pointe West City of Diamond Bar, California November 2005 Initial Study Page 2-10 Environmental Checklist XVIII. Earlier Analysis Where authorized, CEQA encourages agencies to tier environmental analyses when an earlier EIR has been prepared. General plan, program, and mixed-use development EIRs are expressly cited as opportunities where tiering can potentially be used by public agencies (14 CCR 15152[h] and 15183). Although the current project includes both a general plan amendment and the adoption of a specific plan, the information, analysis, and programmatic mitigation measures contained in the following documents may be relevant to this project-level assessment: ƒ Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083 (City of Diamond Bar, July 14, 1992); ƒ Master Environmental Assessment - City of Diamond Bar (City of Diamond Bar, July 14, 1992); ƒ Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083 (City of Diamond Bar, May 9, 1995); and ƒ Final Environmental Impact Report for the Diamond Bar Economic Revitalization Area, SCH No. 96111047” (City of Diamond Bar, July 1, 1997). In addition, the following CEQA documents have included the project site and/or adjacent properties: ƒ Annotated Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Tentative Tract Nos. 32400 and 51253 and Vesting Tentative Tract No. 51407) (City of Diamond Bar, June 3, 1994); ƒ Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 51253) (City of Diamond Bar, May 17, 1995); and ƒ Addendum to the Final Environmental Impact Report for the South Pointe Master Plan, SCH No. 92081040 (Vesting Tentative Tract Map No. 52203) (City of Diamond Bar, November 5, 1996). The project-level information and analysis presented in the three above referenced CEQA documents (collectively the South Pointe Master Plan FEIR or the SPMP FEIR) examined the direct, indirect, and cumulative impacts associated with the adoption and implementation of the then proposed approximately 171-acre “South Pointe Planned Community Zoning Regulations and Development Standards” (South Pointe Master Plan). The South Pointe Master Plan FEIR concluded that, with the following exceptions, all identified direct, indirect, and cumulative impacts either did not occur at a level of significance or could be effectively mitigated to a less-than-significant level: (1) earth (landform alterations); (2) air quality (construction, operation, and cumulative); (3) biological resources (oak trees); and (4) transportation/ circulation (Colima Road/Eastbound SR-60 Freeway ramps). The South Pointe Master Plan FEIR incorporated by reference the WVUSD’s “Final Environmental Impact Report for Walnut Valley Unified District School Site, SCH No. 88112305” (WVUSD, January 4, 1989) (South Pointe Middle School FEIR). The South Pointe Middle School FEIR described the environmental effects associated with the development of an approximately 30.6-acre school site (South Pointe Middle School), including the deposition of surplus fill material on the area of the then proposed and adjoining tract map area (Tentative Tract No. 32400). The South Pointe Middle School FEIR provided a detailed analysis of the subsequent development of then proposed Tentative Tract No. 32400 on an approximately 44.8-acre site adjoining the proposed South Pointe Middle School facility. In 1992, the City received and processed the “South Pointe Planned Community Regulations and Development Standards” (The Planning Associates, September 1992) (South Pointe Master Plan) for a 171-acre multi-parcel area located west of Brea Canyon Road, north of Peaceful Hills Road, and east of Morning Sun Avenue. The South Pointe Master Plan and South Pointe Master Plan FEIR included a number of separate public (Walnut Valley Unified School District, City of Diamond Bar) and private (Arciero & Sons, Inc., RnP Development, Inc., Sasak Corporation) ownership interests and consolidated a number of separate development applications under a single project-level EIR. The South Point Master Plan identified, described, and analyzed five “planning enclaves” upon which residential, non-residential, institutional, and recreational uses would be developed and open space areas would be retained. Those planning enclaves included: (1) 91 single-family dwelling units on an approximately 40-acre site; (2) 109 South Pointe West City of Diamond Bar, California Initial Study November 2005 Environmental Checklist Page 2-11 single-family dwelling units on an approximately 48-acre site; (3) 290,000 square feet of commercial use on an approximately 31-acre site; (4) a 20-acre park and open space area; and (5) an approximately 32- acre school site (South Pointe Middle School). The following tentative tract maps were concurrently processed by the City: (1) Tentative Tract Map No. 32400 (Arciero and Sons, Inc.) - the subdivision of the northwestern portion of the project site (approximately 47.5 acres) to accommodate 91 single-family dwelling units and to create two residual commercial parcels (approximately 6.3 acres), allowing for the construction of two additional residential units; (2) Tentative Tract No. 51407 (RnP Development, Inc.) - subdivision of the southerly portion of the site (approximately 84.2 acres) for the development of 90 single-family dwelling units, recreational and open space uses (approximately 28.1 acres) and commercial development (approximately 21.9 acres); and (3) Tentative Tract Map No. 51253 (Sasak Corporation/Patel Property) - subdivision of three existing lots (approximately 6.8 acres) located in the westerly portion of the project site for the development of 21 single-family dwelling units. As indicated in the South Pointe Master Plan FEIR, two of the tentative tract maps (Tentative Tract Map Nos. 51253 and 51407) included portions of the same area. The circulation plans and the number of dwelling units were not, however, internally consistent between those tentative maps. The current South Pointe West project site, which is the subject of the upcoming EIR, includes all or portions of Tentative Tract Map Nos. 51253 and 51407. In June 1994, the City certified the South Pointe Master Plan FEIR and elected to implement Alternative No. 2 – East/West Canyon Preservation Alternative in lieu of the then proposed project which included the area of Tentative Tract Map No. 32400. In October 1994, the City conditionally approving Tentative Tract Map No. 32400 (City Council Resolution Nos. 94-48 and 94-49), authorizing 91 single-family dwelling units and two residual parcels (accommodating two units) upon with that approximately 47.5- acre area. In December 1994, the City denied Tentative Tract Map No. 51407 (City Council Resolution No. 94-55). The City’s action was predicated, in part, upon the purchase of the area of Tentative Tract Map No. 51407 (from RnP Development, Inc.) by the Walnut Valley Unified School District (WVUSD or District) and the WVUSD’s cessation of processing of that tentative map. Following the WVUSD’s real property acquisition, the District prepared and implemented a grading plan which included the relocation of approximately 500,000 cubic yards of surplus soil then stockpiled at the temporary South Pointe Middle School facility to an alternative stockpile location within the area of Tentative Tract Map No. 51407 and commenced construction of permanent facilities at South Pointe Middle School. On May 17, 1995, through an EIR addendum process, the City conditionally approved Tentative Tract Map No. 51253 (City Council Resolution Nos. 95-21), authorizing the construction of 21 dwelling units on that approximately 6.8-acre site. On November 5, 1996, through another EIR addendum process, the City approved Tentative Tract Map 52203 (Diamond Crest Estates, LLC) (City Council Resolution Nos.96- 72) for 16 single-family units within the two residual parcels within Tentative Tract Map No. 32400, representing a net increase of 14 authorized dwelling units. Following the City’s approval and WVUSD acquisition, in May 1995, an approximately 6.8-acre landslide occurred in the westerly area of Tentative Tract Map No. 51407, affecting the areas comprising Tentative Tract Map Nos. 51407 and 51253 and Morning Sun Avenue. During the remedial grading activities undertaken to stabilize the landslide area, earthen materials were removed and stockpiled east of the landslide area (within the area of Tentative Tract Map No. 51407). Of the uses described and analyzed in the South Pointe Master Plan FEIR, only 105 units and the South Pointe Middle School have now been developed within that area. The South Pointe Master Plan was not, itself, adopted by the City. In addition, the City’s approval of Tentative Tract Map No. 51253 has subsequently lapsed. Under existing City policies, only three units (one unit per parcel) are now authorized within that area. No development has, however, proceeded within that 6.80-acre area. The currently proposed project is located within the area of Tentative Map Nos. 51253 and 51407. Since Tentative Tract Map No. 51407 was denied by the City following the certification of the South Pointe South Pointe West City of Diamond Bar, California November 2005 Initial Study Page 2-12 Environmental Checklist Master Plan FEIR and since the approval of Tentative Tract Map No. 51253 has subsequently lapsed, no currently enforceable land use entitlements, governing those previous tentative tract map areas, remain in force and effect as a result of the those earlier actions. Except through voluntary action by the project proponent, the mitigation measures contained in that CEQA document and any conditions of approval previously imposed by the City are not considered currently binding on the proposed project. Mitigation measures presented in the South Pointe Master Plan FEIR will, however, be reconsidered in light of both the changes that have occurred within the project area following the certification of that document and the potential impacts associated with the implementation of the currently proposed project. Since the City has previously certified an EIR for the development of the project site for 109 dwelling units and since the currently proposed action assumes a less intensity residential use of the project site, the information and analysis presented in the South Pointe Master Plan FEIR likely remains relevant to the City’s consideration of the proposed project and provides substantial evidence that certain topical issues and certain environmental impacts are either not relevant to the current analysis or, if relevant, do not manifest at a level of potential significance. Information from the South Pointe Master Plan FEIR, as well as that contained in a number of other sources, is cited below and serves as the basis for the City’s preliminary determination concerning the range of topical issues and environmental impacts to be examined in the upcoming project-level EIR. Discussion: I. AESTHETICS. The South Pointe Master Plan FEIR concluded that the implementation of the South Pointe Master Plan and the land uses described (i.e., residential, commercial, recreation and open space) therein, as mitigated, would not result in a significant aesthetic impact. Based on the presence of known unstable soil conditions, substantial remedial grading activities will or may be required to ensure that the project can be feasibly developed. Those activities could result in landform alterations that exceed the assumptions presented in the South Pointe Master Plan FEIR. As a result, the City has elected to include an analysis of project-related impacts to the site’s existing visual character. In addition, since sports, accent, and security lighting may be incorporated into the design of Larkstone Park and since new street lights and other accent lighting may be included in the design of new on-site roadways and at the project entry points, impacts associated with the introduction of new lighting sources will be examined. II. AGRICULTURAL RESOURCES. The South Pointe Master Plan FEIR concluded that implementation of the South Pointe Master Plan and the development of the general project area would not result in any impacts on agricultural resources. The project site is not presently nor has the project site been recently used for any agricultural or other farm-related uses. No “Prime Farmland” (farmland with the best combination of physical and chemical features able to sustain long-term agricultural production; this land has the soil quality, growing season, and moisture supply needed to produce sustained high yields), “Unique Farmland” (farmland of lesser quality soils used for the production of the State's leading agricultural crops; this land is usually irrigated, but may include non-irrigated orchards or vineyards as found in some climatic zones in California), or “Farmland of Statewide Importance” (farmland similar to Prime Farmland but with minor shortcomings, such as greater slopes or less ability to store soil moisture), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program, are located thereupon. As indicated in “Important Farmland in California, 2002” (California Department of Conservation, Division of Land Resource Protection, August 2004), the project site is categorized as “Urban and Built-Up Lands.” “Farmland of Local Importance is land of importance to the local economy, as defined by each county’s local advisory committee and adopted by the Board of Supervisors. Farmland of Local Importance is either currently producing or has the capability of production, but does not meet the criteria of Prime Farmland, Farmland of Statewide Importance, or Unique Farmland. In Los Angeles County, Farmland of Local Importance includes those producing lands that would meet the standard criteria for Prime or Statewide but are not irrigated. South Pointe West City of Diamond Bar, California Initial Study November 2005 Environmental Checklist Page 2-13 Since no Prime Farmland, Unique Farmland, Farmland of Statewide Importance, or Farmland of Local Importance exists on the project site or within the general project area, the Lead Agency has elected, subject to receipt of substantial evidence to the contrary, to discontinue further analysis of this topical issue. III. AIR QUALITY. Based on the then applicable methodology established by the South Coast Air Quality Management District (SCAQMD) and contained in the “CEQA Air Quality Handbook” (SCAQMD, April 1993), the South Pointe Master Plan FEIR concluded that, following the implementation of those mitigation measures outlined therein, short-term (construction) and operational air quality impacts could not be effectively reduced to below a level of significance. The project site is located in the South Coast Air Basin (SCAB). The SCAB is presently classified by the United States Environmental Protection Agency (USEPA) as an extreme non-attainment area for ozone (1-hour) and a non-attainment area for ozone (8-hour), a serious non-attainment area for carbon monoxide (CO), and a non-attainment area for oxides of nitrogen (NOx), particulate matter less than 10 microns (PM10), particulate matter less than 2.5 microns (PM2.5). The SCAB is classified by the State as non-attainment for ozone (1-hour), PM2.5, and non- attainment-transitional for PM10. Based on the current non-attainment status of the SCAB and the findings of the earlier EIR, the City has elected to include an analysis of project-related construction and operational air quality impacts. Because the project includes an amendment to the “City of Diamond Bar General Plan” (General Plan), the analysis will include an assessment of conformity to the “Air Quality Management Plan” (AQMD). In addition, based on the project’s proximity to existing residential areas and the South Pointe Middle School, potential air quality impacts to sensitive receptors will be examined. IV. BIOLOGICAL RESOURCES. The South Pointe Master Plan FEIR concluded that then proposed grading activities would result in the removal of a significant number of oak trees. Within the City, oaks are recognized as a “protected tree.” As defined in Section 22.38.030 (Protected Trees) of the “City of Diamond Bar Municipal Code” (Municipal Code), “protected trees” include: (1) native oak, walnut, sycamore and willow trees with a diameter at breast height (DBH) of eight inches or greater; pepper trees with a DBH of eight inches or greater where appropriate; (2) trees of significant historical or value as designated by the City Council; (3) trees required to be preserved or relocated as a condition of approval for a discretionary permit; (4) any tree required to be planted as a condition of approval for a discretionary permit; and (5) stand of trees, the nature of which makes each tree dependent upon the others for survival. The coastal California gnatcatcher (CAGN) is a federally listed threatened species and is protected under the provisions of the Federal Endangered Species Act (16 USC 1531-1544) (FESA). Section 9 of the FESA prohibits the “take” of endangered and threatened species for which protective regulations have been adopted. As indicated in the South Pointe Master Plan FEIR, the native floristic component evident within the South Pointe Master Plan area is representative of cismontane coastal and foothill vegetation of Southern California. The site represents an ecotone or transition area between interior elements (California Walnut) and lower elevational coastal chaparral and sage scrub elements (Deerweed and Manroot). As stipulated in the United States Fish and Wildlife Service’s (USFWS) “Coastal California Gnatcatcher Presence/Absence Survey Guidelines” (USFWS, February 28, 1997): “Coastal California gnatcatcher surveys shall be completed by permitted biologists if proposed projects contain coastal sage scrub, alluvial fan scrub, chaparral, or intermixed or adjacent areas of grassland and riparian habitats, and is located within the range of this species.” In accordance therewith, the City has requested that current protocol surveys be conducted for the CAGN and the results of those surveys included in the upcoming EIR. As illustrated in the United States Geological Survey’s (USGS) “Yorba Linda 7.5-Minute Topographic Quadrangle” (1964, photorevised 1981) and the California Geological Survey’s South Pointe West City of Diamond Bar, California November 2005 Initial Study Page 2-14 Environmental Checklist (CGS) “Preliminary Review Map Seismic Hazard Zones - Yorba Linda Quadrangle” (February 11, 2005), the project site contains a number of blue-line stream, indicating the presence or potential presence of waters of the United States (WoUS) and/or waters of the State (WoS), subject to the jurisdiction of the United States Army Corps of Engineers (ACOE), California Department of Fish and Game (CDFG), and Regional Water Quality Control Board, Los Angeles Region (LARWQCB). Project-related impacts upon jurisdictional waters, including any protected wetlands as defined under Section 404 of the Federal Clean Water Act, will be examined in the upcoming EIR. As indicated in the South Pointe Master Plan FEIR, the “Master Environmental Assessment - City of Diamond Bar” (MEA)” identified the South Pointe Master Plan area, particularly Sandstone Canyon, as a potential wildlife corridor to nearby Puente Hills. Although South Pointe Master Plan area may have, at one time, functioned as part of regional wildlife corridor, extensive urban development (including the SR-57 and SR-60 Freeways) has occurred throughout the project area making the site an isolated, fragmented system. The project site is not located within an existing City or County-established “significant ecological area” (e.g., Tonner Canyon/Chino Hills Significant Ecological Area [SEA 15]), not located within any City or County-proposed SEA (e.g., Puente Hills Significant Ecological Area [SEA 18]), not included in the South Coast Wildlands Project’s (SCWP) collaborative “South Coast Missing Linkage Project,” not included in the Sierra Club’s Puente-Chino Hills planning efforts, not included in the Wildlife Corridor Conservation Authority’s (WCCA) conservation planning efforts for the Whittier-Puente Hills/Chino Hills area, and not located within an existing or proposed habitat conservation planning area (HCP). Because of the isolated nature of existing open space on the project site, the presence of surrounding barriers to wildlife movement, and the site’s lack of inclusion in or as part of any ongoing wildlife corridor planning effort, the City has elected, subject to receipt of substantial evidence to the contrary, to discontinue further analysis of this topical issue. V. CULTURAL RESOURCES. The South Pointe Master Plan FEIR included a detailed analysis of archaeological resources. The previous records search and field reconnaissance survey failed to indicate the presence of any recorded historic or prehistoric resources within the boundaries of the subject property. Since a reasonably thorough investigation failed to reveal the presence of any potentially significant cultural resources within the study area, the Lead Agency has elected, subject to receipt of substantial evidence to the contrary, to discontinue the further analysis of this topical issue. Senate Bill (SB) 18, as approved by the California Governor on September 29, 2004, stipulates that, subject to the limitations outlined therein, certain tribal consultation and notice requirements apply to local governments when adopting or amending general and specific plans. As specified and as outlined in the Governor’s Office of Planning and Research’s “Supplement to General Plan Guidelines – Tribal Consultation Guidelines” (State of California, April 15, 2005), prior to adoption or amendment of a general or specific plan, the local government must: (1) notify the appropriate California Native American tribe of the opportunity to conduct consultation for the purpose of preserving or mitigating impacts to cultural places; (2) refer the proposed action to those tribes that are on the Native American Heritage Commission (NAHC) contact list that have traditional lands within the agency’s jurisdiction; and (3) send notice of a public hearing to tribes that have filed a written request for such notice. Prior to the release of the draft EIR, the Lead Agency will submit a “local government tribal consultation list request” to the NAHC, requesting a list of California Native American tribes with whom the City needed to provide notice. Unless substantial information is generated indicating the presence of cultural resources on the project site, other than the documentation of SB 18 compliance, no further analysis of archaeological or historic resources will be presented in the upcoming EIR. Based on the findings of paleontological resource assessment, the South Pointe Master Plan FEIR concluded that there previously existed a potential for the discovery of recoverable fossil records within the 171-acre South Pointe Master Plan area, primarily within on-site Miocene sedimentary units. Certain rock units exposed within the South Pointe Master Plan area were South Pointe West City of Diamond Bar, California Initial Study November 2005 Environmental Checklist Page 2-15 considered to have high paleontologic sensitivity and, therefore, had the potential to contain recoverable fossils. Tentative Tract Map No. 32400 was conditioned to include paleontological monitoring of initial grading operations. A recent geotechnical investigation indicated that the bedrock underlying the site is mapped as the Soquel Member of the Puente Formation, a marine sedimentary rock of Miocene age (Harrington Geotechnical Engineering, Inc., Supplemental Geotechnical Investigation and Preliminary Grading Study Review – South Pointe Residential Development, Diamond Bar, California, September 2004). The Soquel Member, which consists of thick packages of graded sandstone beds of sub-sea fan origin, has yielded fossils of petrified wood, marine mammal (mostly whale), and some fish (Orange County Archaeology and Paleontology Guidelines, Procedures and Policies). As a result of the information presented in the South Pointe Master Plan FEIR and the recent geotechnical investigation, potential paleontological impacts will be examined in the upcoming EIR. VI. GEOLOGY AND SOILS. The Soquel Member of the Puente Formation consists of Late Miocene marine sediments, composed of pale yellow to yellow brown silty sandstone and pebbly sandstone with interbeds of light to gray and pale yellow brown siltone and occasional conglomerate and breccia. Sand gains are subangular to subrounded quartzo-feldspathic and biotite rich. The conglomerate clasts are angular to subangular and are manly derived from a plutonic source. Sandstones are massive to thickly bedded, while siltstones are thinly bedded to platy. Dolomatic concretions occur near the base. Within the Puente Hills, the thickness of the Soquel Member ranges from 2,000 to 2,800 feet. It has a gradational and locally unconformable contact with the underlying La Vida Member and a gradational contact with the overlying Yorba Member. The Soquel Member in the Puente Hills has been interpreted to represent a series of coalescing depositional lobes deposited at the base of the continental slope. Sediments were derived from prograding fan deltas on the narrow continental slope. As indicated in the “Preliminary Report – Seismic Hazard Zone Report for the Yorba Linda 7.5- Minute Quadrangle, Los Angeles, Orange and San Bernardino Counties, California, Seismic Hazard Zone Report 010” (CGC, 2005), existing landslides typically consist of disrupted soils and rock materials that area generally weaker than adjacent undisturbed rock and soil material. Previous studies indicate that existing landslides can be reactivated by earthquake movement. Earthquake-triggered movement of existing landslides is most pronounced in steep head scarp areas and at the toe of existing landslide deposits. As illustrated on the “Preliminary Review Map Seismic Hazard Zones - Yorba Linda Quadrangle” (February 11, 2005), a portion of the project site is identified as containing “earthquake-induced landslides,” defined as areas where previous occurrence of landslide movement or local topographic, geologic, geotechnical, and subsurface conditions indicate a potential for permanent ground displacement such that mitigation, as defined in Section 2693(c) of the Public Resources Code, would be required. As defined in Section 2693(c), “mitigation" means those measures that are consistent with established practice and that will reduce seismic risk to acceptable levels.” As defined in Section 3721(a), “acceptable level" means that level that provides reasonable protection of the public safety, though it does not necessarily ensure continued structural integrity and functionality of the project.” The presence of unstable or potential unstable soil conditions is confirmed in both the “Summary of Available Geotechnical Information and Evaluation of Geotechnical Constraints, South Pointe West Site, Walnut Valley Unified School District, Diamond Bar, California” (Vicente Geotechnical Services, January 20, 2004) and “Supplemental Geotechnical Investigation and Preliminary Grading Study Review, South Pointe Residential Development, Diamond Bar, California” (Harrington Geotechnical Engineering, Inc., September 29, 2004). The International Conference of Building Officials has subdivided the United States into six seismic regions. The project site is located in “Uniform Building Code” (UBC) Seismic Zone 4. In South Pointe West City of Diamond Bar, California November 2005 Initial Study Page 2-16 Environmental Checklist accordance with the provisions of the UBC, the City Building Official has requested a geotechnical investigation in accordance with Section 1804.2 and 1804.5 therein. The findings of that investigation will be included in the upcoming EIR. VII. HAZARDS AND HAZARDOUS MATERIALS • Phase I Environmental Site Assessment. Based on the City’s review of the “Phase I Environmental Site Assessment – South Pointe West Residential Development, 31-Acre Vacant Parcel Located South of Larkstone Drive and Peaceful Hills Road, Diamond Bar, California” (Environ, December 20, 2004), there exists no evidence suggesting the presence of recognized environmental conditions (RECs) or historical RECs, as defined in the American Society of Testing and Materials’ (ASTM) “Standard Practice for Environmental Site Assessment: Phase I Environmental Site Assessment Process (ASTM E1527-00)” (ASTM, 2005), on that portion of the project site examined therein. Pertinent findings, not representative of RECs, included the presence of minor refuse dumping and standing water. Not included in the Phase I environmental site assessment (ESA) is the 13.5-acre area encompassing the remaining 2.0-acre portion of the neighborhood park site and the proposed stockpile site. Because the Phase I ESA did not examine the entire project site, additional documentation has been requested by the City and will be included in the upcoming EIR. • Toxic Air Contaminants. Construction activities will likely include the use of diesel- powered equipment, operating in close proximity to both existing residential receptors and the South Pointe Middle School. In August 1998, the California Air Resources Board (CARB) identified diesel particulate matter as a toxic air contaminant (TAC). Project- related TAC emissions will be examined as part of the EIR’s air quality assessment. • Household Hazardous Wastes. Residential activities will result in the introduction, use, and disposal of a limited quality of household hazardous wastes (HHW). The use and disposal of HHW will be examined as part of the EIR’s assessment of project-related and cumulative impacts on areawide solid waste disposal facilities. • Environmental Accidents. During construction and throughout the operational life of the proposed project, hazardous materials, petroleum products, and pesticides will be stored and/or consumed on the project site. The potential for environmental accidents will be examined as part of the EIR’s examination of significant irreversible environmental changes (14 CCR 15126[c] and 15126.2[c]). • Fire Hazards. Sections 51175-51188 to the CGC required the California Department of Forestry and Fire Protection (CDF), acting in cooperation with local fire authorities, to identify Very High Fire Hazard Severity Zones (VHFHSZ) within designated State Responsibility Areas. The CDF has identified the project site as a “very high fire hazard severity zone,” defined as an area where the owner of the property is subject to the maintenance requirements of Section 51182 of the California Government Code. As indicated in Section 16.00.010 of the Municipal Code, except whereas otherwise provided, Title 32 (Fire Code) of the “Los Angeles County Code” (County Code) constitutes the City’s fire code. As defined in Section 223-V of Title 32 of the County Code, the “Very High Fire Hazard Severity Zone” (Fire Zone 4) is defined to mean those “areas that are highly vulnerable to wildfire.” The Los Angeles County Fire Department’s (LACFD) “Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones” (LACFD, January 1998) provide a set of procedures and standards designed to implement the requirements of the “Los Angeles County Fire Code” (Fire Code), codified in Title 32 of the County Code. The implications of the site’s VHFHSZ designation will be examined as part of the analysis of project-related and cumulative impacts on public services (fire protection). South Pointe West City of Diamond Bar, California Initial Study November 2005 Environmental Checklist Page 2-17 VIII. HYDROLOGY AND WATER QUALITY. As illustrated in the Federal Emergency Management Agency’s flood insurance rate map (Community Panel No. 0650430980B), the project site is designated “Zone C” (Area of minimal flooding). As such, the project is not located within a 100- year flood hazard area. Similarly, the project is not located within a State-designated dam, dike, or levee inundation area. Presently, runoff from the project site drains to four discharge points. The majority of the site drains in a northwesterly direction, discharging to an existing detention facility prior to draining to a receiving 36-inch reinforced concrete pipe (RCP). The northern portion of the project site drains to the northeast, draining to the receiving 30-inc RCP storm drain located adjacent to Larkstone Drive. Project implementation has the potential to increase surface flows and alter the direction of existing flows. As a result, a detailed drainage study will be conducted and included in the upcoming EIR. In accordance with the County’s design criteria, the Modified Rational Method will be used to determine peak design flow rates since the drainage area is less than 1.0 square miles. In accordance with City and County criteria, peak flow rates will be determined based on a 50-year (Q50) design rainfall event. A number of existing and operational County-maintained desilting basins are located south of Larkstone Drive. These basins will need to be temporarily or permanently relocated and reconfigured during the site’s development. Impacts upon and the need for the replacement of those facilities will be examined in the EIR. IX. LAND USE AND PLANNING. The proposed project involves a General Plan amendment, zone change, and adoption of a specific plan. In recognition of those requested actions, the upcoming EIR will include an analysis of the project’s consistency (or lack of consistency) with applicable plans and policies. Specific plans are required within areas designated as “Planning Areas” (PA) in the City’s General Plan. The proposed “South Pointe West Specific Plan” will result in the creation of project-specific development standards, allowing for the development of 38-foot wide lots. Since specific plans must be deemed consistent with the community’s general plan, a consistency analysis will be conducted. Neither the General Plan nor the Municipal Code includes prohibitions or limitations concerning the development of new gated communities. A number of gated residential neighborhoods now exist within the City. Since no authorized public use of the property now occurs and since the site does not serve as either a pedestrian or vehicular route connecting two or more areas, the approval of a gate-restricted subdivision will not physically divide the community and/or existing neighborhoods or restrict access where access now exists. Since the project site is designated for a residential land use (Planning Area 4) and since the site does not consist of public lands (other than existing public roadway rights-of-way) upon which a public use is now authorized, the site’s development will not physically divide an established community or neighborhood. The proposed inclusion of walls, access gates, and private streets and the project’s potential to physically divide the community and/or existing neighborhoods will, therefore, not be further addressed in the upcoming EIR. X. MINERAL RESOURCES. As indicated in the “Generalized Mineral Land Classification Map of Los Angeles County – South Half (Aggregate Resources Only)” (Russell V. Miller, 1994), as contained in “Update of Mineral Land Classification of Portland Cement Concrete Aggregate in Ventura, Los Angeles, and Orange Counties, California, Part II – Los Angeles County (Open-File Report 94-14)” (California Department of Conservation, 1994), the project site is designated “MRZ-1” (Areas where adequate information indicates that no significant deposits are present, or where it is judged that little likelihood exists for their presence). Based on that designation and South Pointe West City of Diamond Bar, California November 2005 Initial Study Page 2-18 Environmental Checklist the absence of known or suspected mineral resources on the project site, the Lead Agency has elected, subject to receipt of substantial evidence to the contrary, to discontinue further analysis of this topical issue. XI. NOISE. Short-term noise impacts include those associated with the importation and exportation of equipment and materials, site preparation, excavation, grading, construction of the proposed land uses, and the transport of workers. Construction-term noise levels would be higher than ambient noise levels now evident in the project area. Upon completion of construction, additional vehicle trips will be added to local roadways, potentially increasing noise levels proximal to those roadways. Activities conducted within the park and its associated parking area would result in the introduction of new noise sources. As a result, construction and operational noise impacts will be evaluated in the upcoming EIR. As indicated in the California Department of Transportation’s (Caltrans) “Transportation Related Earthborne Vibrations, Technical Advisory, Vibration (TAV0-2-01-R9601)” (Caltrans, February 20, 2002), ground-borne vibration is typically associated with blasting operations, the use of pile drivers, and demolition activities. Caltrans further notes that, with the exception of instances involving pavement breaking, pile driving, construction vibration measurements have been below the 5 millimeter per second (0.2 inches/second) architectural damage risk level for continuous vibration. Other construction activities and equipment, such as the use of caterpillars, earthmovers, and haul trucks have been found not to exceed 2.5 millimeters per second (0.10 inches/second) or one half of the architectural damage risk level, at a distance of 10 feet. Project-related grading activities can feasibly occur through the use of traditional earthmoving practices. No blasting or pile driving activities is associated with the proposed project. With the limited exception of possible improvements to and the installation of utilities in Morning Sun Avenue and Larkstone Drive, no pavement breaking activities are anticipated to occur as a result of the proposed project. Any such activities, if so required, will be of limited scale and duration. As a result, the Lead Agency has elected, subject to receipt of substantial evidence to the contrary, to discontinue further analysis of possible project-related ground-borne vibration. XII. POPULATION AND HOUSING. As indicated by the California Department of Finance, the estimated population of the City of Diamond, as of January 1, 2005, was 59,953 individuals. As indicated in the MEA, the average household size in the City is 3.49 individuals. The construction and occupancy of 98 dwelling units would, therefore, result in a population increase of approximately 342 individuals. More recent or site-specific statistics, as may be applicable to United States Census Tract 4033.04 (Block Group 2, Block 2007), may indicate either a greater or lesser household population size. Based on that estimate, project implementation would increase the City’s population by approximately 0.57 percent. Similarly, according to the United States Department of Commerce - Census Bureau’s (USCB) “United States Census 2000 – California: 2000, Summary Population and Housing Characteristics” (USCB, November 2002), there were 17,959 total housing units within the City. Based on that figure, project implementation would increase the City’s total housing inventory by about 0.55 percent. The South Pointe Master Plan FEIR concluded that the projected increase in population, as associated with the implementation of the larger South Pointe Master Plan, would not result in a significant population or housing impact. As a result, although project implementation would increase the number of dwelling units now authorized on the project site, the City has elected, subject to receipt of substantial evidence to the contrary, not to include a separate analysis of population and housing impacts in the upcoming EIR. Project-related increases in population and housing will, however, be examined to the extent that population and/or housing serves as a determinant to other topical impacts. South Pointe West City of Diamond Bar, California Initial Study November 2005 Environmental Checklist Page 2-19 XIII. PUBLIC SERVICES. • Fire Protection. Fire protection and paramedic services are provided to the general project area under contract to the County of Los Angeles Fire Department (LACFD). Impacts upon existing LACFD services and facilities, including compliance with the LACFD’s “Fuel Modification Plan Guidelines for Projects Located in Fire Zone 4 or Very High Fire Hazard Severity Zones,” will be examined in the upcoming EIR. • Police Protection. The City contracts with the Los Angeles County Sheriff’s Department (LACSD) for law enforcement services. The project site is located within the patrol area of Walnut/Diamond Bar Sheriff’s Station (21695 East Valley Boulevard, Walnut) and the Diamond Bar Community Service Center Substation (321345 Cold Springs Lane, Diamond Bar). Although the residential component of the project is identified as a gated community, the construction and habitation of new residential units and the construction, operation, and use of a new public park could impact existing LACSD services and facilities. Project-related impacts on police services will be examined in the EIR. • Schools. The project site is located within the boundaries of the WVUSD and includes real property presently owned and planned for conveyance by the WVUSD. On May 5, 2004, the WVUSD’s Board of Directors adopted the finding presented in the WVUSD’s updated “Justification Report for the Walnut Valley Unified School District – This Study Established the Justification for the Imposition of Developer Fees Pursuant to Applicable Law as of March 2004” (Calwell Flores Winters, Inc., adopted May 5, 2004). As indicated therein, the WVUSD has determined that, on average, each new single-family unit constructed within the WVUSD’s boundaries will generate 0.720 new students. Based on that student generation rate, the proposed 98-unit project will likely add around 71 students to WVUSD schools. The potential impacts of those students on affected school facilities will be examined in the upcoming EIR. Since the project site is located in close proximity to South Pointe Middle School, short- term impacts on that facility, including construction traffic, equipment noise, and air quality, will be addressed under the corresponding topical analyses in the upcoming EIR. • Parks. The City Council’s 2004-2005 goals include, but are not limited to: (1) “Pursue and promote joint development/use of facilities, parks and open space with the Pomona Unified School District and the WVUSD (coordinate duplicate policies such as for tennis courts and basketball courts)”; (2) “Obtain Larkstone Park agreement”; and (3) “Implement project (a portion of the park could be utilized as a natural ‘laboratory’ for the local schools, colleges & universities).” Under the above referenced land use analysis, the upcoming EIR will examine the development and potential joint City/WVUSD joint use of the proposed 2-8 acre park site and the proposed park’s conformity to and/or consistency with the City’s parks master plan. Project-specific park demands can be calculated in accordance with the formula provided in Section 21.32.040 (Park Land Dedications and Fees) of the Municipal Code. In accordance therewith, the proposed 98-unit subdivision would generate a need for approximately 1.7 acres of additional parkland. Since the project includes the dedication, development, and conveyance of a 2.8-acre park site to the City, impacts on existing park facilities will be less than significant. Potential construction and operational impacts associated with the park’s location, configuration, development, operation, and use will, however, be evaluated under the corresponding topical analyses in the upcoming EIR. • Other Public Facilities. Library services within the City are provided by the Los Angeles County Public Library. Each new residential unit constructed within the City will impose an incremental demand on County library services. Although not applicable to projects located within the incorporated boundaries of the City, the County has established a South Pointe West City of Diamond Bar, California November 2005 Initial Study Page 2-20 Environmental Checklist library mitigation fee program. The library facilities mitigation fee is a uniform fee within each library planning area based on the estimated cost of providing the projected library facility needs in that area. As required in Section 22.72.030 of the County Code, within Planning Area 4 (East San Gabriel Valley), a fee of $663 is collected for each new unit permitted in the County. Since the City has neither adopted a corresponding fee program nor established or previously applied a fee assessment for a project’s incremental impacts upon County library services, the City has elected, subject to receipt of substantial evidence to the contrary, to discontinue further analysis of this topical issue. XIV. RECREATION. See discussion of parks in Section XIII (Public Services) above. XV. TRANSPORTATION AND TRAFFIC. The project involves the construction and occupancy of 98 new single-family, detached condominium units and the construction and subsequent use of a new neighborhood park (Larkstone Park). Access to the park site will be provided from Larkstone Drive. Access to the gated residential community will be provided from both Larkstone Drive and from Morning Sun Avenue/Shepherd Hills Road. Streets internal to the residential subdivision will be private, constructed within a 40-foot right-of-way with two 12-foot wide travel lanes and curb- adjacent sidewalks along only one side of the road, and will be maintained by the future homeowners’ association. Each dwelling unit will include a two-car garage and on-street parking will be authorized along both travel lanes. Since the project constitutes an in-fill development, construction, residential, and park traffic will be added to those residential streets located within the general project area, including (but not necessarily limited to) Shepherd Hills Road, Chapel Hills Drive, Walnut Lead Drive, Lake Canyon Drive, Larkstone Drive, Blackhawk Drive, Lemon Avenue, and Willow Bud Drive. The traffic impact analysis will examine current, build-out and future year traffic conditions. As determined by the City, the following 18 study area intersections will be evaluated: (1) Fairway Drive/Brea Canyon Cutoff Road/Colima Road; (2) Lake Canyon Drive/Colima Road; (3) Walnut Leaf Drive/Colima Road; (4) Calbourne Drive/Golden Springs Drive; (5) Lemon Avenue/Valley Boulevard; (6) Lemon Avenue/Golden Springs Drive; (7) Lemon Avenue/Willow Bud Drive; (8) Black Hawk Drive/Lemon Avenue; (9) Rapidview Drive/Golden Springs Drive; (10) Brea Canyon Road/Washington Street; (11) Brea Canyon Road/Lycoming Street; (12) Brea Canyon Road/State Route 60 Westbound Ramps; (13) State Route 60 Eastbound Ramps/Golden Springs Drive; (14) Brea Canyon Road/Golden Springs Drive; (15) Brea Canyon Road/Glenbrook Drive; (16) Brea Canyon Road/Diamond Crest Lane; (17) Brea Canyon Road/Pathfinder Road; and (18) Brea Canyon Road Cutoff Road/Pathfinder Road. In addition, the traffic impact analysis will include a discussion of construction traffic, access controls, and parking. The traffic analysis will conform to the City’s “Guidelines for the Preparation of Traffic Impact Analysis Report” (1992) and the Los Angeles County Metropolitan Transportation Authority’s “2004 Congestion Management Program for Los Angeles County” (2004). XVI. UTILITIES AND SERVICE SYSTEMS. • Wastewater. An existing 8-inch vitrified clay pipe (VCP) line in Morning Sun Avenue and Sheppard Hills Road, under the jurisdiction of the Los Angeles County Department of Public Works (LACDWP), drains in a westerly direction towards Blackhawk Drive. The Sanitation Districts of Los Angeles County (Sanitation District No. 21) provides wastewater collection and treatment services for the City. Wastewater discharged into the City's sewer system is treated at either the San Jose Creek Water Reclamation Plant, located in Whittier, or the Joint Water Pollution Control Plant, located in Carson. The design capacities of the Sanitation Districts of Los Angeles County’s (CSDLAC) wastewater treatment plants are based on population forecasts contained in Southern South Pointe West City of Diamond Bar, California Initial Study November 2005 Environmental Checklist Page 2-21 California Association of Government’s (SCAG) “Regional Comprehensive Plan and Guide” (RCPG). The RCPG is part of the “Air Quality Management Plan” (AQMP). The AQMP and RCPG are jointly prepared by the SCAQMD and SCAG as a requirement of the Federal Clean Air Act. In order to conform to the AQMP, all expansions of CSDLAC facilities must be sized and service phased in a manner that ensures consistency with the Growth Management Element (GME) of the RCPG. The GME contains a regional forecast for the Counties of Los Angeles, Orange, San Bernardino, Riverside, Ventura, and Imperial, as prepared by SCAG. The available capacity of the CSDLAC’s treatment facilities is assumed to be limited to those levels associated with approved growth identified in the RCPG. Projects that are consistency with local general plans are considered to be adequately served by CSDLAC wastewater treatment facilities. Conversely, projects that are not consistent with existing general plan and which would generate wastewater quantities in excess of those levels that could otherwise be generated based on allowable land uses may not be adequately accommodated by CSDLAC facilities. Because the project involves an amendment to the City’s General Plan, the adequacy of existing CSDLAC wastewater treatment facilities will be examined. • Water. Water service to the project site is provided by the Walnut Valley Water District (WVWD). The WVWD maintains existing 12-inch AC/DI line in Larkstone Drive and Diamond Pointe Lane. A 12-inch water line, extending from Larkstone Drive to Peaceful Hills Road, traverses the site. In Fiscal Year 2002-2003, the WVWD provided 24,339 acre feet of water to its residential and business consumers. The WVWD is dependent upon an imported potable water supply obtained primarily from the Metropolitan Water District of Southern California (MWD), the sole importer of water to this area, through a wholesale member agency, Three Valleys Municipal Water District. The water is treated at MWD's F.E. Weymouth Filtration Plant, located in the City of La Verne, prior to being conveyed to the WVWD's terminal storage reservoir for distribution within the district's water supply system. As indicated in MWD’s “Report on Metropolitan’s Water Supplies” (MWD, February 11, 20020, based on water supplies that are currently available, the MWD has in place the existing capacity to: (1) meet 100 percent of its member agencies’ projected supplemental demands over the next twenty years in average and wet years; (2) meet 100 percent of its member agencies’ projected supplemental demand over the next 15 years in multiple dry years; and (3) meet 100 percent of its member agencies’ projected supplemental demand over the next ten years in single dry years. As further indicated in the Local Agency Formation Commission of Los Angeles County’s (LAFCO) “Draft Municipal Service Review, Water Service – East San Gabriel Valley,” which includes the WVWD: “Overall, water supply is adequate to meet the future needs of the region provided imported water remains available and recycled water systems continue to expand. The reliability of State Water Project water is fairly certain, although the delivery amount varies. The Three Valley Municipal Water District works closely with the Metropolitan Water District of Southern California to manage this resource and plan for future demand. In turn, Three Valleys and the local agencies in the East San Gabriel Valley collaborate on water resource planning and development of local resources.” The project is not of sufficient size as to require the preparation of a water supply assessment (WSA) under the provisions of Senate Bill (SB) 610 (Costa) and SB 221 (Kuehl). As such, the project proponent is not required to submit a WSA. With the except of documenting the adequacy of available fire-flow capacity, pressure, and duration, the City has elected, subject to receipt of substantial evidence to the contrary, to discontinue further analysis of this topical issue. • Storm Water Drainage Facilities. See discussion of parks in Section VIII (Hydrology and Water Quality) above. South Pointe West City of Diamond Bar, California November 2005 Initial Study Page 2-22 Environmental Checklist • Solid Waste Facilities. The California Integrated Solid Waste Management Act of 1989 (AB 939), requires every city and county in the State to reduce or recycle 50 percent of by the year 2000. In 2002, 53 percent of the waste collected in the City was recycled. The City's “Source Reduction and Recycling Element” (City of Diamond Bar, May 1991) includes a program for the management of municipal solid waste (MSW) generated within the City that is consistent with the following hierarchy: (1) source reduction; (2) recycling and composting; and (3) environmentally safe transformation and land disposal. Included in this hierarchy is the requirement to emphasize and maximize the use of all feasible source reduction, recycling, and composting options in order to reduce the amount of solid waste that must be disposed of by transformation and land disposal. Similarly, the City’s “Household Hazardous Waste Element” (City of Diamond Bar, May 1991) identifies a program for the safe collection, recycling, treatment, and disposal of household hazardous wastes (HHW) that are generated by households. Implementation of the policies and programs outlined therein will reduce MSW and HHW to the maximum extent feasible. Refuse and recycling service is provided to City residents by Waste Management Inc. Waste haulers determine the solid waste management facility where wastes are disposed. As such, haulers have the ability to transport MSW to facilities with sufficient remaining capacity. The nearest County operated landfill to the project site is the Puente Hills Landfill (Whittier). As indicated by the CSDLAC’s “Continued Operation of the Puente Hills Landfill, Executive Summary of the Draft Environmental Impact Report, State Clearinghouse No. 2000041066” (CSDLAC, June 2001), sufficient capacity at that facility exists to accommodate waste demands through 2013. Based on that documentation, the Lead Agency has elected, subject to receipt of substantial evidence to the contrary, to discontinue further analysis of this topical issue. • Electricity and Natural Gas. Southern California Edison (SCE) is regulated by the California Public Utilities Commission (CPUC) and is required to provide electrical service to proposed projects within its jurisdiction in accordance with the rules and regulations on file with the CPUC. Coordination for that service typically occurs between SCE and the project proponent during the preliminary design phase of a proposed project. Since coordination will ensure that the nature, design, and timing of electrical service improvements are adequate to serve the project and occur in compliance with the State’s energy conservation requirements, as specified in Titles 24 and 25 of the California Administrative Code (CAC), the City has elected, subject to receipt of substantial evidence to the contrary, to discontinue further analysis of this topical issue. The Southern California Gas Company is the supplier of natural gas in the project area. The Southern California Gas Company is regulated by the CPUC and is required to provide service to all new customers in accordance with the rules and regulations on file with the CPUC. The gas company continues to develop additional energy supplies while seeking efficiencies relative to existing consumption. Because existing distribution facilities in the general project area appear adequate to serve anticipated project demands, the City has elected, subject to receipt of substantial evidence to the contrary, to discontinue further analysis of this topical issue. XVII. MANDATORY FINDINGS OF SIGNIFICANCE. Although the SPMP FEIR concluded that impacts on biological resources, other than oak trees, could be effectively mitigated to a less- than-significant level, based on the possible presence of suitable habitat on or proximal to the project site for the federally listed CAGN, pending the completion of the project’s biological resource assessment and in deference to the protection of protected species, the City is unable to definitively conclude whether the project will or will not restrict the range of rare or endangered wildlife. The findings of the project’s biological resource assessment will be included in the upcoming EIR. LOCAL GOVERNMENT TRIBAL CONSULTATION LIST REQUEST NATIVE AMERICAN HERITAGE COMMISSION 915 Capitol Mall, Room 364, Sacramento, California 95814 (916) 653-4082 - Telephone (916) 657-5390 - Facsimile Date: October 10, 2005 Project Title: South Pointe West Specific Plan (General Plan Amendment No. 2005-01; Specific Plan No. 2005-01; Vesting Tentative Tract Map No. 063623; Conditional Use Permit No. 2005-05; Tree Permit No. 2005-06; Development Review No. 2005-27; and Development Agreement No. 2005-01) Local Government/Lead Agency: Contact Person: Nancy Fong, Planning Manager Street Address: City of Diamond Bar – Community Development Department 21825 Copley Drive Diamond Bar, California 91765-4178 Telephone: (909) 839-7030 Facsimile: (909) 861-3117 Consultant for Local Government/Lead Agency: Contact Person: Peter Lewandowski, Principal Street Address: Environmental Impact Sciences (EIS) 26051 Via Concha Mission Viejo, California 92691-5614 Telephone: (949) 837-1195 Facsimile: (949) 837-3935 Specific Area Subject to Proposed Action: County: Los Angeles City/Community: City of Diamond Bar Local Action Type: … General Plan … General Plan Element ; Specific Plan ; General Plan Amendment … Specific Plan Amendment … Pre-Planning Outreach Activity Project Description: Following the conveyance of certain real property interests from the Walnut Valley Unified School District, the applicant (South Pointe West, LLC) seeks, through a general plan amendment, zone change, specific plan, development agreement, tree permit, site plan review, and other associated entitlements, City approval to: (1) subdivide the project site to allow for the construction, sale, and habitation of 98 single-family, detached condominium units within a new gated residential enclave; (2) construct, improve, and subsequently convey to the City an approximately 2.8-acre neighborhood park (Larkstone Park); (3) implement such remedial grading activities as may be required to address existing site conditions; (4) undertake or pay a fair-share contribution toward any identified off-site street improvements; and (5) implement those flood control and other infrastructure improvements as may be required for the implementation of the proposed project. General Project Location. South of the State Route 60 (Pomona) Freeway and Golden Springs Drive, west of the State Route 57 (Orange) Freeway and Brea Canyon Road, north of Pathfinder Road, and east of western corporate boundary of the City of Diamond Bar. Sections 17 and 20, Township 2 South, Range 9 West, San Bernardino Base and Meridian, as shown on the United States Geological Survey (USGS) 7.5-Minute Yorba Linda Quadrangle NAHC Use Only: Date Received: _______________ Date Completed _______________ Native American Tribal Consultation lists are only applicable for consulting with California Native American tribes per Government Code Section 65352.3. This page intentionally left blank. South Pointe West City of Diamond Bar, California NOTICE OF PREPARATION AND INITIAL STUDY CERTIFIED MAILING LIST Agency/Address United States Postal Service Tracking Number Date Mailed Date Received Governor’s Office of Planning & Research State Clearinghouse P.O. Box 3044 / 1400 10th Street, Room 121 Sacramento, CA 95814 Attn: Terry Roberts, Director (One Copy) 7003 3110 001 0249 5486 11/23/05 11/28/05 Governor’s Office of Planning & Research State Clearinghouse P.O. Box 3044 / 1400 10th Street, Room 121 Sacramento, CA 95814 Attn: Terry Roberts, Director (15 Copies) Federal Express 8463 8451 3498 11/25/05 11/28/05 Southern California Association of Governments 818 W. Seventh Street, 12th Floor Los Angeles, CA 90005 Attn: Mark Pisano, Executive Director 7003 3110 001 0249 5462 11/23/05 11/28/05 United States Army Corps of Engineers Los Angeles District Office Regulatory Branch P.O. Box 532711 Los Angeles, CA 90053-2325 Attn: Ruth Villalobos, Chief 7003 3110 001 0200 9638 11/23/05 11/25/05 California Department of Fish & Game South Coast Region 5 4949 Viewridge Avenue San Diego, CA 92123 Attn: Larry Eng, Regional Manager 7003 3110 001 0200 9713 11/23/05 11/28/05 California Dept. of Transportation District 7 – Environmental Planning 100 S. Main Street Los Angeles, CA 90012 Attn: Ronald Kosinski, Dep. Director 7003 3110 001 0249 5493 11/23/05 11/29/05 State Water Quality Control Board 1001 I Street / P.O. Box 100 Sacramento, CA 95814 Attn: Celeste Cantu, Executive Director 7003 3110 001 0249 5479 11/23/05 11/28/05 Regional Water Quality Control Board Los Angeles Region 320 W. 4th Street, Suite 200 Los Angeles, CA 90013-2343 Attn: Executive Director 7003 3110 001 0200 9645 11/23/05 12/01/05 South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Attn: Executive Director 7003 3110 001 0200 9720 11/23/05 11/29/05 Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95812 Attn: Rob Wood, Environ. Specialist III 7003 3110 001 0249 5509 11/23/05 11/28/05 County of Los Angeles Regional Planning 320 Temple Street, Room 1390 Los Angeles, CA 90012 Attn: James E. Hartl, Director 7003 3110 001 0200 9577 11/23/05 11/28/05 County Sanitation Districts of Los Angeles County 1955 Workman Mill Road Whittier, CA 90607 Attn: James F. Stahl, General Manager 7003 3110 001 0200 9652 11/23/05 11/28/05 Initial Study November 2005 Mailing List Log Page 1-1 South Pointe West City of Diamond Bar, California Agency/Address United States Postal Service Tracking Number Date Date Mailed Received Los Angeles County Department of Public Works 900 S. Fremont Avenue Alhambra, CA 91803 Attn: Donald L. Wolfe, Acting Director 7003 3110 001 0200 9737 11/23/05 11/28/05 Los Angeles County Fire Department Forestry Division 1320 N. Eastern, Room 160 Los Angeles, CA 90063-3294 Attn: P. Michael Freeman, Fire Chief 7003 3110 001 0249 5516 11/23/05 Received but Undated Los Angeles County Fire Station 120 Battalion Headquarters 1051 S. Grand Avenue Diamond Bar, CA 91765-2210 Attn: Battalion Commander 7003 3110 001 0200 9584 11/23/05 11/26/05 San Gabriel Valley Mosquito & Vector Control Dist. 1145 N. Azusa Canyon Road West Covina, CA 91790 Attn: Steve West, District Manager 7003 3110 001 0200 9669 11/23/05 11/28/05 Los Angeles County Sheriff=s Department Headquarters 4700 Ramona Boulevard Monterey Park, CA 91754 Attn: Leroy D. Baca, Sheriff 7003 3110 001 0200 9744 11/23/05 11/28/05 Los Angeles County Sheriff=s Department Walnut/Diamond Bar Sheriff=s Station 21695 Valley Boulevard Walnut, CA 91789 Attn: Michael Kwan, Captain 7003 3110 001 0249 5424 11/23/05 11/26/05 Walnut Valley Unified School District 880 Lemon Avenue Walnut, CA 91789 Attn: Dr. Kent Bechler, Superintendent 7003 3110 001 0200 9591 11/23/05 11/28/05 Walnut Valley Water District 271 South Brea Canyon Road Walnut, CA 91789 Attn. Karen Powers, General Manager 7003 3110 001 0200 9676 11/23/05 11/29/05 Metropolitan Water District of Southern California P.O. Box 54153 Los Angeles, CA 90054-0153 Attn: Dennis Underwood, Gen. Manager 7003 3110 001 0200 9751 11/23/05 11/26/05 Los Angeles County Public Library Headquarters 7400 E. Imperial Highway Downey, CA 90241 Attn: Margaret Todd, County Librarian 7003 3110 001 0249 5431 11/23/05 11/29/05 Los Angeles County Public Library Diamond Bar Branch 1061 South Grand Avenue Diamond Bar, CA 91765 Attn: Irene Y. Wang, Manager 7003 3110 001 0200 9607 11/23/05 12/01/05 Southern California Gas Company 1050 Overland Court San Dimas, CA 91773 Attn: Planning Division 7003 3110 001 0200 9683 11/23/05 11/28/05 Southern California Edison P.O. Box 600 Rosemead, CA 91771 Attn: Planning Division 7003 3110 001 0200 9768 11/23/05 11/28/05 Initial Study November 2005 Mailing List Log Page 1-2 South Pointe West City of Diamond Bar, California Agency/Address United States Postal Service Tracking Number Date Date Mailed Received City of Chino Hills Community Development Department 2001 Grand Avenue Chino Hills, CA 91709 Attn: James DeStefano, Director 7003 3110 001 0249 5448 11/23/05 Received but Undated City of Industry - Planning Department 15651 East Strafford Street Industry, CA 91744 Attn: Mike Kissell, Director 7003 3110 001 0200 9614 11/23/05 11/28/05 City of Pomona Economic Development & Planning 505 South Garry B Box 660 Pomona, CA 91769 Attn: Candida Neal, Manager 7003 3110 001 0200 9690 11/23/05 11/28/05 Gabrieleno/Tongva Tribal Council P.O. Box 693 San Gabriel, CA 91778 Attn: Anthony Morales, Chairperson 7003 3110 001 0200 9775 11/23/05 11/25/05 Gabrielino/Tongva Council Gabrielino Tongva Nation 501 Santa Monica Boulevard, Suite 500 Santa Monica, CA 90401-2415 Attn: Sam Dunlap, Tribal Secretary 7003 3110 001 0249 5455 11/23/05 11/28/05 Gabrielino Band of Mission Indians P.O. Box 3021 Beaumont, CA 92223 Attn: Susan Frank 7003 3110 001 0200 9621 11/23/05 11/26/05 Sasak Corporation P.O. Box 1153 Upland, CA 91785-1153 Attn: Amrut Patel 7003 3110 001 0200 9706 11/23/05 Returned to Postmaster Southern California Edison 8000 W. Cienega Avenue San Dimas, CA 91773 Attn: Rick S. Meza, Regional Manager 7003 3110 0001 0200 9805 11/23/05 11/28/05 Los Angeles County Fire Department 5823 Rickenbacher Commerce, CA 90040 Attn: Battalion Chief Scott Poster 7003 3110 0001 0200 9782 11/23/05 11/28/05 Los Angeles County Fire Station 181 590 S. Park Avenue Pomona, CA 91766 Attn: Inspector Wilson 7003 3110 0001 0200 9799 11/23/05 11/28/05 Initial Study November 2005 Mailing List Log Page 1-3 Governor’s Office of Planning & Research State Clearinghouse P.O. Box 3044 1400 10th Street, Room 121 Sacramento, CA 95814 Attn: Terry Roberts, Director Southern California Association of Governments 818 W. Seventh Street, 12th Floor Los Angeles, CA 90005 Attn: Mark Pisano, Executive Director United States Army Corps of Engineers Los Angeles District Office Regulatory Branch P.O. Box 532711 Los Angeles, CA 90053-2325 Attn: Ruth Villalobos, Chief California Department of Fish & Game South Coast Region 5 4949 Viewridge Avenue San Diego, CA 92123 Attn: Larry Eng, Regional Manager California Dept. of Transportation District 7 – Environmental Planning 100 S. Main Street Los Angeles, CA 90012 Attn: Ronald Kosinski, Dep. Director State Water Quality Control Board 1001 I Street P.O. Box 100 Sacramento, CA 95814 Attn: Celeste Cantu, Executive Director Regional Water Quality Control Board Los Angeles Region 320 W. 4th Street, Suite 200 Los Angeles, CA 90013-2343 Attn: Executive Director South Coast Air Quality Management District 21865 E. Copley Drive Diamond Bar, CA 91765 Attn: Executive Director Native American Heritage Commission 915 Capitol Mall, Room 364 Sacramento, CA 95812 Attn: Rob Wood, Environ. Specialist III County of Los Angeles Department of Regional Planning 320 Temple Street, Room 1390 Los Angeles, CA 90012 Attn: James E. Hartl, Director County Sanitation Districts of Los Angeles County 1955 Workman Mill Road Whittier, CA 90607 Attn: James F. Stahl, General Manager Los Angeles County Department of Public Works 900 S. Fremont Avenue Alhambra, CA 91803 Attn: Donald L. Wolfe, Acting Director Los Angeles County Fire Department - Forestry Division 1320 N. Eastern, Room 160 Los Angeles, CA 90063-3294 Attn: P. Michael Freeman, Fire Chief Los Angeles County Fire Station 120 - Battalion Headquarters 1051 S. Grand Avenue Diamond Bar, CA 91765-2210 Attn: Battalion Commander San Gabriel Valley Mosquito & Vector Control District 1145 N. Azusa Canyon Road West Covina, CA 91790 Attn: Steve West, District Manager Los Angeles County Sheriff=s Department Headquarters 4700 Ramona Boulevard Monterey Park, CA 91754 Attn: Leroy D. Baca, Sheriff Los Angeles County Sheriff=s Department Walnut/Diamond Bar Sheriff=s Station 21695 Valley Boulevard Walnut, CA 91789 Attn: Michael Kwan, Captain Walnut Valley Unified School District 880 Lemon Avenue Walnut, CA 91789 Attn: Dr. Kent Bechler, Superintendent Walnut Valley Water District 271 South Brea Canyon Road Walnut, CA 91789 Attn. Karen Powers, General Manager Metropolitan Water District of Southern California P.O. Box 54153 Los Angeles, CA 90054-0153 Attn: Dennis Underwood, Gen. Manager Los Angeles County Public Library Headquarters 7400 E. Imperial Highway Downey, CA 90241 Attn: Margaret Todd, County Librarian Los Angeles County Public Library Diamond Bar Branch 1061 South Grand Avenue Diamond Bar, CA 91765 Attn: Irene Y. Wang, Manager Southern California Gas Company 1050 Overland Court San Dimas, CA 91773 Attn: Planning Division Southern California Edison P.O. Box 600 Rosemead, CA 91771 Attn: Planning Division City of Chino Hills Community Development Department 2001 Grand Avenue Chino Hills, CA 91709 Attn: James DeStefano, Director City of Industry Planning Department 15651 East Strafford Street Industry, CA 91744 Attn: Mike Kissell, Director City of Pomona Economic Development & Planning 505 South Garry B Box 660 Pomona, CA 91769 Attn: Candida Neal, Manager Gabrieleno/Tongva Tribal Council P.O. Box 693 San Gabriel, CA 91778 Attn: Anthony Morales, Chairperson Gabrielino/Tongva Council Gabrielino Tongva Nation 501 Santa Monica Boulevard, Suite 500 Santa Monica, CA 90401-2415 Attn: Sam Dunlap, Tribal Secretary Gabrielino Band of Mission Indians P.O. Box 3021 Beaumont, CA 92223 Attn: Susan Frank Sasak Corporation P.O. Box 1153 Upland, CA 91785-1153 Attn: Amrut Patel This page intentionally left blank. South Pointe West City of Diamond Bar, California Appendix I-B Scoping Meeting Draft Environmental Impact Report August 2006 Technical Appendix This page intentionally left blank. CITY OF DIAMOND BAR, 21825 COPLEY DRIVE, DIAMOND BAR, CA 91765 Community and Development Services Dept. – Planning Division NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT AND A SCOPING MEETING The City of Diamond Bar (City) will be the Lead Agency and will prepare a project-level environmental impact report (EIR) for the real property conveyance, residential and neighborhood park development, and street and related infrastructure improvement project identified below. The City needs to know your views and the views of the affected agencies as to the scope and content of the environmental information that is germane to you and the affected agency’s statutory responsibilities in connection with the proposed project. The affected agency will need to use the EIR prepared by the City when considering a permit or other approval for the project. Project South Pointe West Title: General Plan Amendment No. 2005-01/Specific Plan No. 2005-01/Vesting Tentative Tract Map No. 063623/Tree Permit No. 2005-06/Conditional Use Permit No. 2005-05/Development Review No. 2005-06 Development Agreement No. 2005-01/Lot Line Adjustment 2005-003 Project Following the conveyance of certain real property interests from the Walnut Valley Unified School Description: District, the applicant (South Pointe West, LLC) seeks City approval to: (1) Subdivide the project site to allow the construction, sale and habitation of 98 detached single family condominium units within a private gated community that includes private streets and passive open space on approximately 31.5 acres of land; (2) Construct, improve and subsequently convey to the City an approximately 2.8 acre neighborhood park (Larkstone Park); (3) Implement remedial grading activities as may be required to address existing site conditions; (4) Undertake or pay a fair-share contribution toward specific off-site street improvements; and (5) Implement those flood control and other infrastructure improvements as may be required for the development of the proposed project. Project South of the State Route (SR) 60 Freeway and Golden Springs Drive, west of the SR-57 Location: Freeway and Brea Canyon Road, north of Pathfinder Road, east of western corporate boundary of the City, and inclusive of a portion of Morning Sun Avenue APN: 8763-026-907, 8765-005-902 and 905, 8756-005-001 thru 003 Project South Point West, LLC Applicant: 2632 West 27th Street, Suite 201, Torrance, California 90503 Attn: Kurt Nelson, Project Manager Telephone: (310) 539-1788 FAX: (310) 539-482 Contact Person: Nancy Fong, AICP, Interim Community Development Director - (909) 839-7030 If you are unable to attend the meeting, but wish to send written comments, please write to the Diamond Bar Community and Development Services Department/Planning Division at the address given below. You may also obtain additional information concerning these cases by phoning (909) 839-7030. TIME OF MEETING: 7:00 p.m. DATE OF MEETING: December 15, 2005 LOCATION: South Coast Air Quality Management District/Government Center – Room CC-6 21865 Copley Drive, Diamond Bar, California 91765 CASE MATERIALS: are available for review between the hours of 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Friday, at the City of Diamond Bar Department of Community and Development Services, Planning Division, 21825 Copley Dr., Diamond Bar, CA 91765. This page intentionally left blank. This page intentionally left blank. EEnnvviirroonnmmeennttaall IImmppaacctt SScciieenncceess 26051 Via Concha Mission Viejo, California 92691-5614 (949) 837-3935 FAX (949) 837-1195