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HomeMy WebLinkAbout04/12/2022PLANNING COMMISSION AGENDA ______________________________________________ Tuesday, April 12, 2022 6:30 PM PUBLIC ADVISORY: Consistent with State Assembly Bill 361, members of the Planning Commission may be present or participate telephonically. Members of the public are encouraged to participate and address the Planning Commission during the public comment portion of the meeting either in person or via teleconference. If you would like to attend the meeting in person, please note that face coverings are recommended. _______________________________________________________________________ ______________________________________________________________________ How to Observe the Meeting From Home: Members of the public can observe the meeting by calling +1 (415) 655 -0052 , Access Code: 532-504-719 or visiting https://attendee.gotowebinar.com/register/5486896596814504720 . How to Submit Public Comment: The public may provide public comment by attending the meeting in person, by sending an email, or by logging into the teleconference. Please send email public comments to Planning@DiamondBarCA.gov by 5:00 p.m. on the day of the meeting and indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Planning Commission members and read into the record at the meeting, up to a maximum of five minutes. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://a ttendee.gotowebinar.com/register/5486896596814504720 . Members of the public will be called upon one at a time during the Public Comment portion of the agenda. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Planning Commission Meeting, please contact the Community Development Office (909) 839-7030 within 72 hours of the meeting. Commission recordings will be available upon request the day following the Planning Commission Meeting. CHAIRPERSON RAYMOND WOLFE VICE CHAIRPERSON KENNETH MOK COMMISSIONER NAILA BARLAS COMMISSIONER MAHENDRA GARG COMMISSIONER WILLIAM RAWLINGS City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT Members of the public may address the Planning Commission on any item of business on the agenda during the time the item is taken up by the Planning Commission. In addition, members of the public may, during the Public Comment period address the Planning Commission on any Consent Calendar item or any matter not on the agenda and within the Planning Commission’s subject matter jurisdiction. Any material to be submitted to the Planning Com mission at the meeting should be submitted through the Minutes Secretary. Speakers are limited to five minutes per agenda item, unless the Chairperson determines otherwise. The Chairperson may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any o ther relevant consideration. Speakers may address the Planning Commission only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the Planning Commission. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE PLANNING COMMISSION Agendas for regular Planning Commission meetings are available 72 ho urs prior to the meeting and are posted in the City’s regular posting locations and on the City’s website at www.diamondbarca.gov. The Planning Commission may take action on any item listed on the agenda. Copies of staff reports or other written document ation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection upon request. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Planning Commission, Recordings of Meetings (909) 839-7030 Email: info@diamondbarca.gov Website: www.diamondbarca.gov The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. CITY OF DIAMOND BAR PLANNING COMMISSION April 12, 2022 AGENDA Next Resolution No. 2022-03 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Naila Barlas, Mahendra Garg, William Rawlings, Kenneth Mok, Vice Chairperson, Raymond Wolfe, Chairperson 2. APPROVAL OF AGENDA: Chairperson 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on ea ch regular meeting agenda to provide an opportunity for members of the public to directly address the Planning Commission on consent calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Planning Commission. Although the Planning Commission values your comments, pursuant to the brown act, members of the Planning Commission or staff may briefly respond to public comments if necessary, but no extended discus sion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the Planning Commission. Please complete a speaker card and hand it to the Minutes Secretary (completion of this form is voluntary). The city will call on in-person speakers first and then teleconference callers, one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or Planning Commission consideration item, you will then be called upon to speak at that point in the agenda. 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Planning Commission only: 4.1 Minutes of the Planning Commission Regular Meeting – March 8, 2022 4.2 Continued use of teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State open meeting laws 5. OLD BUSINESS: None. APRIL 12, 2022 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Revision to Brea Canyon Business Park – Planning Case No. PL2017-169 - The applicant is requesting approval to revise the Project through amendments to the following land use entitlement applications: Tentative Parcel Map to eliminate the condominium subdivision for the single story 8,900 square-foot medical office building and replace with a single-story 6,500 square- foot commercial building to accommodate a drive-through restaurant and up to two future retail or fast-food restaurant tenants; Development Review to approve the revisions to the site and architectural design of a new commercial development to ensure consistency with the General Plan, Development Code, and compliance with all applicable design guidelines and standards. The proposed amendments include the replacement of the above-referenced 8,900 square-foot medical office building with a 6,500 square-foot commercial building with drive-through lane, addition of 15 hotel rooms (approved for 109 rooms and proposing 124 rooms), and the addition of a southbound left-turn pocket on Brea Canyon Road to accommodate a left turn in access to the Project. Additionally, there are no exterior changes to the four-story hotel building and only the floor plan is being modified; Conditional Use Permit to approve a drive-thru service for the proposed fast-food restaurant at the 6,500 square-foot commercial building; Parking Permit to approve the updates to the shared parking demand analysis; Comprehensive Sign Program to approve the refurbishment of an existing pylon sign; and Minor Conditional Use Permit to approve the outdoor dining area for the single-story 6,500 square-foot commercial building. PROJECT ADDRESS: 850 Brea Canyon Road Diamond Bar, CA 91765 PROPERTY OWNER: Philip Lee, Lycoming LLC 17777 Center Court Drive #725 Cerritos, CA 90703 APPLICANT: Roger Deitos GAA Architects, Inc. 8811 Research Drive, Suite 200 Irvine, CA 92618 APRIL 12, 2022 PAGE 3 PLANNING COMMISSION ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162, the City prepared an Addendum to the previously adopted Mitigated Negative Declaration for this project. RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution No. 2022-XX (Attachment 1): Approving the Addendum to the Mitigated Negative Declaration, Amendment to Tentative Parcel Map No. 82066, Conditional Use Permit, Development Review, Parking Permit and Comprehensive Sign Program; and Minor Conditional Use Permit based on the Findings of Fact, and subject to the Conditions of Approval contained therein. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 10. SCHEDULE OF FUTURE EVENTS: 11. ADJOURNMENT: CITY COUNCIL MEETING: Tuesday, April 19, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PLANNING COMMISSION MEETING: Tuesday, April 26, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 MEMORIAL DAY HOLIDAY: Monday, May 30, 2022 In observance of the holiday, city offices will be closed. City offices will re-open Tuesday, May 31, 2022. TRAFFIC AND TRANSPORTATION COMMISSION MEETING: Thursday, June 9, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 PARKS AND RECREATION COMMISSION MEETING: Thursday, June 23, 2022, 6:30 pm Windmill Community Room Diamond Bar City Hall 21810 Copley Drive Diamond Bar, CA 91765 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 8, 2022 CALL TO ORDER: CDD/Gubman called the meeting to order at 6:30 p.m. in the Diamond Bar City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765 PLEDGE OF ALLEGIANCE: CDD/Gubman led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Mahendra Garg (telephonically), Kenneth Mok, Raymond Wolfe and William Rawlings Staff Present : Greg Gubman, Community Development Director; David DeBerry, City Attorney; Grace Lee, Senior Planner; and, Stella Marquez, Administrative Coordinator. 2. REOGANIZATION OF PLANNING COMMISSION: Selection of Chairperson and Vice Chairperson C/Mok nominated Commissioner Garg. The nomination was seconded by C/Barlas. C/Garg said he appreciated the nomination but for personal reasons, would not be able to accept. C/Rawlings nominated C/Wolfe to serve as Chairperson of the Planning Commission. C/Barlas seconded the nomination. C/Wolfe was unanimously elected to serve as Chairperson of the Planning Commission by the following Roll Call vote: C/Garg Yes C/Wolfe Yes C/Barlas Yes C/Mok Yes C/Rawlings Yes C/Rawlings nominated C/Mok to serve as Vice Chair of the Planning Commission. C/Garg seconded the motion. C/Mok was unanimously elected to serve as Vice Chair by the following Roll Call vote: Barlas Yes C/Garg Yes C/Rawlings Yes C/Mok Yes Chair/Wolfe Yes 4.1 Packet Pg. 6 ________________________________________________________________________ MARCH 8, 2022 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ 3. APPROVAL OF AGENDA: As presented. 4. PUBLIC COMMENTS: None Offered. 5. CONSENT CALENDAR: 5.1 Minutes of the Regular Meeting of February 22, 2022. C/Barlas moved, VC/Mok seconded, to approve the Regular Meeting Minutes of February 22, 2022, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Wolfe ABSENT: COMMISSIONERS: None 6. OLD BUSINESS: None. 7. NEW BUSINESS: 7.1 General Plan Status Report for 2021: SP/Lee presented staff’s report and recommended that the Planning Commission approve the report and forward same to the City Council to receive and file. C/Rawlings moved, VC/Mok seconded, to approve and forward the General Plan Status Report for 2021 to the City Council to receive and file. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PUBLIC HEARING(S): None. 9. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: Chair/Wolfe thanked his colleagues for entrusting him with chairing the Commission for the upcoming year. 4.1 Packet Pg. 7 ________________________________________________________________________ MARCH 8, 2022 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ C/Barlas congratulated Chair/Wolfe and VC/Mok on their appointments. C/Rawlings congratulated the great leadership team of Chair/Wolfe and VC/Mok on their appointments, and said he was excited about future Planning Commission accomplishments. Chair/Wolfe thanked outgoing Chair/Rawlings for his leadership during the past year. VC/Mok said it was nice to be back meeting in person and thanked his colleagues for entrusting him with the position of Vice Chair for the upcoming year. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman announced that the March 22 Planning Commission meeting would be canceled and when the Planning Commission next meets on April 12th it will consider minor building revisions for the hotel anchored development at 850 Brea Canyon Road as well as the proposed addition of the left turn pocket to allow south bound traffic to enter the complex site without having to proceed farther south to make a U-turn. In addition, he is currently reviewing proposals for the Town Center Specific Plan project, a very exciting, significant and transformative project for the City, which is proposed to take about 18 months and will involve a lot of public participation and outreach. 11. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the Regular Planning Commission meeting at 6:53 p.m. to April 12, 2022, at 6:30 p.m. The foregoing minutes are hereby approved this 12th day of April, 2022. Attest: Respectfully Submitted, _______________________________________ Greg Gubman, Community Development Director _____________________________ Raymond Wolfe, Chairperson 4.1 Packet Pg. 8 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 4.2 MEETING DATE: April 12, 2022 CASE/FILE NUMBER: Continued use of teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State open meeting laws BACKGROUND/ANALYSIS: The Ralph M. Brown Act (“Brown Act”) requires that all meetings of a legislative body of a local agency be open and public, that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings – with some exceptions as defined under the law. Due to the continued impact of the COVID-19 pandemic, the California Legislature passed Assembly Bill 361 (AB 361), which authorizes a local agency to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees. The Planning Commission first utilized the provisions of AB 361 on February 2 2, 2022. In order to continue to have the ability to use the modified teleconferencing options, AB 361 requires that the Planning Commission re-affirm its findings every 30 days. Conditions under which AB 361 may be utilized continue to exist as describe d in the attached Resolution (Attachment A). The provisions of AB 361 allowing the modified teleconferencing will expire January 1, 2024. RECOMMENDATION: Adopt the attached Resolution (Attachment A), providing for continued use of teleconferencing and other formats as defined and in compliance with Assembly Bill 361 for meetings of the Planning Commission. CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 4.2 Packet Pg. 9 Continued use of teleconferencing in accordance with Assem bly Bill 361 for meetings of the Planning Commission subject to State open meeting laws Page 2 of 2 PREPARED BY: REVIEWED BY: Attachments: A. Draft PC Resolution No. 2022-XX 4.2 Packet Pg. 10 RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING SPECIFIED FINDINGS RELATING TO THE USE OF TELECONFERENCING IN ACCORDANCE WITH ASSEMBLY BILL 361 FOR MEETINGS OF THE PLANNING COMMISSION SUBJECT TO STATE OPEN MEETING LAWS. WHEREAS, on March 4, 2020, California Governor Newsom declared a State of Emergency in response to the COVID-19 pandemic; WHEREAS, on March 12, 2020, to address the impacts of COVID-19, Governor Newsom issued Executive Orders that required, among other things, residents of California to follow orders and guidance of local public health officials, including social distancing and masking requirements; WHEREAS, existing California law, the Ralph M. Brown Act (“Brown Act”) requires, with specified exceptions, that all meetings of a legislative body of a local agency, as those terms are defined, be open and public , that a physical location for such meetings be provided, and that the public be permitted to provide public comment during the meetings; WHEREAS, the Brown Act permits members of legislative bodies to teleconference into public meetings subject to certain conditions, including that the place from which the member teleconferences be open to the public, that an agenda be posted on the site, and that the teleconference location be noticed in the agenda; WHEREAS, in recognition that such public gatherings at such meetings could accelerate the spread of COVID-19, Governor Newsom’s Executive Orders suspended, among others, these Brown Act teleconferencing requirements to provide local agencies with greater flexibility to hold meetings via teleconferencing safely; WHEREAS, pursuant to the Emergency Services Act (Government Code sections 8550 et seq.), and Chapter 8.00 of Title 8 of the Diamond Bar Municipal Code, the City Council of the City of Diamond Bar has proclaimed the continued existence of a local emergency resulting from the COVID-19 pandemic; WHEREAS, as of September 30, 2021, the Governor’s Executive Order suspending the Brown Act’s teleconferencing requirements is set to expire; WHEREAS, on September 16, 2021, Governor Newsom signed Assembly Bill 361 (AB 361), which authorizes a local agency to continue to use teleconferencing without complying with certain teleconferencing requirements imposed by the Brown Act when: (1) the legislative body of a local agency holds a meeting during a declared state of emergency; (2) when state or local health officials have imposed or recommended 4.2.a Packet Pg. 11 2 PC Resolution No. 2022-XX measures to promote social distancing; and/or (3) when a local agency has determined that meeting in person would present imminent risks to the health or safety of attendees; WHEREAS, both Los Angeles County and state health officials continue to recommend social distancing due to a recent increase in COVID-19 cases believe to be caused by the so-call Omicron Variant; WHEREAS, the Planning Commission must approve a Resolution reaffirming that the requirements set forth in AB 361 exist every 30 days in order to allow members of its legislative bodies to utilize the provisions of AB 361 when attending public meetings via teleconferencing; and WHEREAS, notwithstanding that the City’s legislative bodies, as defined by the Brown Act, are now holding modified public meetings in person, there may be situations in which a member of one of these legislative bodies decides not to attend in person due to a particular health or safety risk posed by such attendance and as such, it is the Planning Commission’s desire to permit members of the Planning Commission to attend by way of teleconference pursuant to AB 361 due to health and safety concerns associated with COVID-19. NOW, THEREFORE, IT IS HEREBY RESOLVED by the Planning Commission of the City of Diamond Bar as follows: 1. That the above recitals are true and correct. and based thereon, that the spread and potential further spread of COVID -19 poses an imminent risk to the public health and safety. 2. That a state of emergency due to the COVID-19 pandemic continues to exist and at the time that this Resolution was adopted both Los Angeles County and State health officials are recommending social distancing to slow the spread of COVID-19. 3. That meeting in person may pose an imminent risk to the health and safety of some attendees, including members of the Planning Commission, who due to age, health conditions, or vaccination status, have a higher risk of contracting COVID-19 and are more likely to get severely ill and in some cases, die from COVID-19. 4. That during the effective period of this Resolution and any reaffirmation thereof, members of the Planning Commission may participate in meetings subject to the Brown Act by way of teleconference in accordance with AB 361. 5. That meetings shall be held in accordance with AB361 by, among other things, providing notice to the public how it can access the meeting and provide public comment, providing an opportunity for the public to attend via a call-in or an internet-based service option, conducing the meeting in a 4.2.a Packet Pg. 12 3 PC Resolution No. 2022-XX manner which protects the statutory and constitutional rights of the public, and stopping the meeting until public access is restored in the event of a service disruption. IT IS FURTHER RESOLVED that this Resolution is effective for 30 days from its adoption date and must be affirmed/acknowledged every 30 days by the Planning Commission of the City of Diamond Bar in order for the provisions of Assembly Bill 361 to continue to apply to teleconferencing by members of the Planning Commission. APPROVED AND ADOPTED THIS 12TH DAY OF APRIL, 2022 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: ______________________________________ Raymond Wolfe, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12TH day of April, 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: ______________________________________ Greg Gubman, Secretary 4.2.a Packet Pg. 13 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: April 12, 2022 CASE/FILE NUMBER: Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017-169) PROJECT LOCATION: 850 Brea Canyon Road (Los Angeles County Assessor’s Parcel No. 8719-013-017) GENERAL PLAN DESIGNATION: General Commercial (C) ZONING DISTRICT: Regional Commercial-Planned Development Overlay (C-3-PD) PROPERTY OWNER/ APPLICANT: Philip Lee and Preston Chan of Lycoming, LLC 17777 Center Court Drive #725 Cerritos, CA 90703 SUMMARY: In October 2019, the City approved an application to develop the project known as the Brea Canyon Business Park. The previously approved project consisted of a 109-room hotel, a 47,642 square-foot office building, and an 8,900 square-foot medical office building on a 5.7-acre vacant parcel located on the east side of Brea Canyon Road between Lycoming Street and the SR-60 freeway. In response to tenant requests and COVID-19’s influence on the real estate market, the applicant is requesting the following revisions to the Project: • Replace the single-story 8,900 square-foot medical office building and associated condominium map with a single-story 6,500 square-foot commercial building to CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1 Packet Pg. 14 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 2 of 16 accommodate a drive-through restaurant and up to two future retail or fast-food restaurant tenants with outdoor dining. • Minor architectural revisions to the hotel to accommodate an increase in rooms from 109 to 124 (a proposed increase of 15 rooms). • Provide a southbound left-turn pocket on Brea Canyon Road to accommodate a left turn in access to the Project. • Retain and refurbish the existing 65-foot-high pylon sign located alongside the offramp. Background The subject property consists of approximately 5.7-acres on the east side of Brea Canyon Road between Lycoming Street and SR-60 freeway. The site is primarily surrounded by existing single-family residential development to the north, east, and west, the SR-60 freeway to the south, and existing commercial development to the northwest. The SR-60 descending westbound off-ramp deck/structure is approximately 10-11 feet above the ground, and runs parallel to t he site. The northerly and easterly residential properties are separated by a Los Angeles County Flood Control District channel, and the westerly residential properties are separated by Brea Canyon Road. The images below highlight the subject property in red: 7.1 Packet Pg. 15 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 3 of 16 On November 19, 2019, the City Council approved a set of entitlements to build a new commercial development consisting of a 109 -room, four-story hotel; a 47,642 square- foot, three-story office condominium building; and 8,900 square -foot, single-story medical office condominium building. A copy of the November 19, 2019 City Council staff report and October 30, 2019 Planning Commission staff report are included as N 7.1 Packet Pg. 16 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 4 of 16 Attachments B and C. A grading permit was issued on December 7, 2021 , and grading activities have commenced. Project Description The requested amendments to the previously-approved land use entitlement applications are summarized below: • Amendment to Development Review to approve revisions to the site and architectural designs to accommodate: o The replacement of the single-story 8,900 square-foot medical office building with a 6,500 square-foot commercial building to accommodate up to three tenants; o Minor architectural revisions to the hotel building to accommodate the addition of 15 rooms (approved for 109 rooms and proposing 124 rooms); and o The addition of a southbound left-turn pocket on Brea Canyon Road to accommodate left-turn ingress to the Project. • Amendment to Tentative Parcel Map to eliminate the condominium map associated with the above-described medical office building. • Amendment to Conditional Use Permit to approve a drive-thru service lane for one tenant at the proposed 6,500 square-foot commercial building. • Amendment to Parking Permit to approve the updates to the shared parking demand analysis. • Amendment to Comprehensive Sign Program to approve the refurbishment of an existing 65-foot-tall pylon sign, addition of a wall sign on the three-story medical office building, and associated wall signs on the proposed single-story commercial building. • Minor Conditional Use Permit to approve the outdoor dining area for the single- story 6,500 square-foot commercial building. The applicant requested the above modifications to the Project as a result of shifting real estate market needs and demand from the COVID-19 pandemic. Some of the revisions addresses residents’ concerns raised during the public hearings in 2019 , such as the lack of a left-turn ingress pocket on Brea Canyon Road. Site Plan: The overall layout of the center remains the same. Access to the site was provided via an unsignalized right-turn in and right-turn out driveway on Brea Canyon Road with parking areas centrally located for efficient parking and traffic circulation, 7.1 Packet Pg. 17 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 5 of 16 however the applicant is proposing to a dd a southbound left-turn pocket on Brea Canyon Road to accommodate a left turn in access to the Project. Parking: There were 289 parking spaces approved to be provided on -site and will remain unchanged, of which 52 are compact spaces and allocated for employee parking. A parking permit was approved to share driveway access and parking between the proposed lots within the development. Architecture: A contemporary architectural theme was chosen for the Project. The buildings are designed to incorporate principles of the modern architecture through simplicity of building form and avoidance of superfluous details. The proposed single - story commercial building is designed to be consistent with the architectural theme of the center, incorporating the same palette of colors and materials. Signage: Detailed conceptual designs for all freestanding and building -mounted signs were approved as part of a Comprehensive Sign Program (Attachment G), specifying size, location, and design requirements that are appropriate to the scale and setbacks of the buildings. The applicant is requesting approval to retain and refurbish an existing 65-foot high pylon sign, add a wall sign on the three -story medical office building, and add wall signs on the proposed single-story commercial building. Approved Four-Story Hotel Building Facing Parking Lot Proposed Revisions to the Parking Lot-Facing Hotel Facade 7.1 Packet Pg. 18 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 6 of 16 Approved Single-Story Medical Office Building Facing Parking Lot Proposed Single-Story Commercial Building Facing Parking Lot ANALYSIS: Review Authority (Diamond Bar Municipal Code (DBMC) Sections 22.32, 22.58, 21.20.110, 22.48, 22.30.050, 22.36.060, and 22.56) As stated, the Project requires amendments to five discretionary entitlement applications and one new application for review. The previously approved entitlements require Planning Commission approval, and the one new entitlement (Minor Conditional Use Permit for outdoor dining) require Hearing Officer approval, a position currently held by the Community Development Director. DBMC Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission will determine whether to approve the requests described below. The following analysis sets forth the foundation for the Findings of Fact contained in the attached resolution. Together, the analysis and findings provide the basis for staff’s recommendation that the Planning Commission approve the Proje ct and all of its components, subject to the conditions set forth in the approval resolution. 7.1 Packet Pg. 19 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 7 of 16 Amendment to Development Review (DBMC Section 22.48) The purpose of Development Review (DR) is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living environment, and attracts the interest of residents and visitors as the result of consistent exemplary design. The proposed amendment to the DR is to approve the revisions to the site and architectural design of the replacement of the single -story medical office building with a new single-story commercial building, and minor architectural revisions to the hotel building to accommodate the addition of 15 rooms. The approved Project allowed 109 rooms and is now proposing 124 rooms. There are no major exterior changes to the four-story hotel building, and the building footprint did not change. There are areas where the building is pushed out to accommodate the additional rooms, but the elevations changes are minimal, keeping the same architectural features of the approved design. Proposed Changes to the Floor Plan Development Standards: The following table compares the proposed single-story commercial building with the City’s development standards for commercial dev elopment in the C-3 zone: Development Feature Development Standards Proposed Meets Requirements Front Setback 10 feet 31’-4” Yes Side Setbacks 10 feet 22’ – north side 255’-7” – south side Yes 7.1 Packet Pg. 20 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 8 of 16 Rear Setback 10 feet 1,019 feet Yes Building Height Limit 35 feet 23’ Yes Parking 394 spaces 289 spaces Yes* *The Planned Development Overlay District allows for modifications to the parking requirement. Additionally, the Project will provide adequate parking by means of a shared parking arrangement with the proposed parcels. The conditions of approval require a reciprocal parking and access agreement to be recorded with the final map. Amendment to Tentative Parcel Map (DBMC Section 21.20.110) Pursuant to Section 66424 of the Subdivision Map Act, a Tenta tive Parcel Map is required for the subdivision of any units/parcels of improved land for the purpose of sale, lease or financing. A Tentative Parcel Map was approved to subdivide the lot into three separate parcels to allow each parcel to be sold off and separately owned and one parcel to be owned in common ; and to create a condominium subdivision of air space for the three-story office building and single-story medical office building. The common lot includes the driveway access, internal circulation sy stem, parking, open spaces, easements and utilities. The proposed amendment is requested to eliminate the condominium subdivision for the single-story medical office building, since the building is proposed to be replaced with a single-story commercial building. Amendment to Conditional Use Permit (DBMC Section 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. A CUP is required for approval of a drive -thru service lane that wraps around the proposed single-story commercial building. The proposed drive-thru service lane has adequate vehicle queuing length to accommodate the expected demand in order to reduce the likelihood of vehicle stacking obstructing parking lot travel lanes. 13 vehicle queuing spaces are available, which is adequate to accommodate the expected demand. Cars queuing in the drive-thru lane will be screened from view along Brea Canyon Road by a landscaped buffer. In addition, there is sufficient turning radii in the drive-thru aisle for vehicles to maneuver and turn in the lane. 7.1 Packet Pg. 21 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 9 of 16 Queuing Analysis The following conditions of approval are recommended to prevent potential noise, odor, parking or other land-use impacts to nearby residences: 1. A six-foot decorative concrete block wall shall be constructed along the north property line abutting the Farmer Boy’s property; 2. No external speakers such as the menu (order) board, speaker post, and pick -up window typically associated with the operation of the proposed drive-thru lane shall be directly oriented or skewed toward proximal residential areas to the north and west of the project site. All such speakers shall be equipped with an automatic volume control (AVC) system, as pre-approved by the Community Development Director, designed to adjust speaker volume levels based on ambient noise levels and automatically lowerin g noise levels during time periods when ambient noise is low, particularly at night. Prior to the issuance of building permits, the location and direction of the exterior menu boards and speaker posts shall be reviewed and approved by the Community Development Director; 3. Prior to the issuance of building permits for any restaurant -related business(es) proposed on the project site, the project proponent, as represented by the Proposed Six-Foot Decorative Concrete Block Wall Condition of Approval Requiring Six-Foot Decorative Concrete Block Wall 7.1 Packet Pg. 22 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 10 of 16 property owner, operator, franchisee, licensee, and/or master lease of the business(es), shall submit an odor management and control plan (OMCP), including a listing of the proposed exhaust systems and the manufacturer’s specifications associated therewith; and the siting and positioning of any outdoor venting outlets of those exhaust control systems, subject to the review and approval of the Community Development Director. The OMCP shall include an exhaust air filtration system with odor controls preventing or minimizing the discharge of internal odors and any associated air pollutants from being externally emitted. The exhaust outlet shall be located to promote upward discharge so that emissions therefrom can be adequately dispersed and neither cause nor contribute to an odor nuisance; and 4. If, at any time, the City finds that the drive-thru lane and/or outdoor dining area is the cause of a parking deficiency, noise nuisance, or other land -use impact, within or beyond the subject property boundaries, the Community Development Director after providing the entitlement holder a reasonable opportunity to mitigate the impact(s) to an acceptable level, may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit and Minor Conditional Use Permit to address such impacts. Amendment to Parking Permit (DBMC Section 22.30.050) Pursuant to DBMC Section 22.30.050 of the Development Code, where two or more commercial uses are developed as a professional center and those uses have distinct and differing peak parking usage periods, a reduction in the required nu mber of parking spaces may be allowed through the approval of a parking permit, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the number of spaces required for the least intensive of the two or more uses sharing the parking. The approved Parking Permit is being updated to reflect the changes to the shared parking demand analysis due to the change in the single -story commercial building from a medical office use to retail and fast-food restaurant uses, as well as the change in the three-story professional office building from a mix of medical and professional office uses to all medical office uses. Because there is a deficit number of parking spaces when shared parking dynamics are not factored in, staff required a parking study to analyze the parking demand through the application of a shared parking concept. The applicant submitted an updated parking study (Attachment E), prepared and signed by a licensed traffic engineer, that provides parking demand calculations based on survey data collected at a similar hotel site in conjunction with the Urban Land Institute’s Shared Parking (2nd Edition) methodology. 7.1 Packet Pg. 23 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 11 of 16 There are 289 spaces proposed on-site, of which 53 are compact spaces and are proposed to be allocated for employee parking. Based on the parking studies assessing the projected peak weekday parking demand of 289 spaces, there will be a balanced condition with a surplus of 0 spaces; and the peak weekend parking demand totals 278 spaces, which results in a surplus of 11 spaces. The proposed development will adequately meet the overall parking demand by providing 289 spaces for all parcels. To ensure that adequate parking is available for customers and employees of the Brea Canyon Business Center, a Parking Management Plan will be developed that identifies the proposed employee parking spaces and key management strategies such as short term/time restricted spaces to maximize the availability of parking for customers of the center. The applicant is required to submit a reciprocal parking and access agreement governing the use and access of all common driveways, parking, and easement areas. The agreement will be reviewed and approved by the Planning Division and City Attorney’s Office prior to issuance of building permits. Traffic Impacts: Access to the Project site was provided via a one right-turn in and right-turn out unsignalized driveway on Brea Canyon Road. A raised landscaped central median was to be constructed along Brea Canyon Road in order to prevent vehicles from turning left to exit the Project site, as well as those traveling southbound along Brea Canyon Road from turning left into the Project site. In response to the residents’ concerns raised during the public hearings in 2019, the applicant is proposing to add a southbound left - turn pocket on Brea Canyon Road so that travelers no longer need to make a U -turn on Golden Springs Drive to access the site. Left-turn out of the Project site will continue to be prohibited as previously approved. 7.1 Packet Pg. 24 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 12 of 16 Approved Median Improvement Proposed Median Improvement with Left Turn Pocket Amendment to Comprehensive Sign Program (DBMC Section 22.36.060) Comprehensive Sign Programs are used to integrate the signage with the design of the development to achieve a unified architectural statement. The approved CSP has specific requirements for the signs proposed for the development. The proposed revisions to the CSP, including conceptual designs, are included in Attachment G. The proposed CSP revisions are listed below: 1. Retain the existing 65-foot-high freestanding pylon sign for the fast-foot restaurant tenant and refurbish the exterior with paint colors and sto ne veneer to match the rest of the buildings in the center; 2. Add a wall sign on the north elevation of the three -story medical office building to provide visibility along the SR-60 freeway; and 3. Add three wall signs on the east (front) and west (rear) elevations of the single- story commercial building for each tenant. The table below shows the proposed CSP revisions in bold, together with the previously-approved sign program elements: 7.1 Packet Pg. 25 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 13 of 16 Proposed Signage *This is an existing legal non-conforming structure. The proposed amendment to the CSP satisfies the purpose and intent of the Development Code by integrating the signage with the design of the building and having specific size, location, and design requirements for freestanding and building -mounted signs. The revisions are appropriate to the scale and setbacks of the buildings, and are placed so they respect and harmonize with the architectural elements onto which th ey will be mounted or constructed. Sign Type Location Quantity Sign Area Height Meets Require- ments Wall Signs Hotel – All Elevations 4 Front/Rear: 124.75 Sq. Ft. Side: 63.75 Sq. Ft. Front: 3’-10” Rear: 3’-3” Side: 2’-9” Yes Single-Story Commercial Building – East and West Elevations (Revision) 6 Maximum 32 Sq. Ft. 2’-2” Yes Three-Story Medical Office Building – North and South Elevations (Revision) 2 Maximum 47 Sq. Ft. 2’-1” Yes Project Identification Monument Sign Project Entrance on Brea Canyon Road 1 70.5 Sq. Ft. 10’ Yes Freestanding Monument Sign for Three-Story Office Building In Front of Building 1 20 Sq. Ft. 4’-6” Yes Freestanding Monument Sign for Single-Story Commercial Building In Front of Building 1 7 Sq. Ft. 3’-6” Yes Existing Freestanding Pylon Sign (Revision to Retain) In Front of Building, Adjacent to SR-60 Off- ramp 1 80 Sq. Ft. 65’ Yes* 7.1 Packet Pg. 26 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 14 of 16 Minor Conditional Use Permit (DBMC Section 22.56) An MCUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing an MCUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. The proposed outdoor dining area in front of the single-story commercial building is approximately 260 square feet, and is located approximately 116 feet away from the nearest residential property—separated by the Los Angeles County Flood Control District channel and proposed six-foot high concrete block wall—which reduces potential noise and compatibility problems. Entertainment of any kind will not be permitted. Therefore, the operating characteristics will be compatible with the existing and future uses within the surrounding area. Furthermore, the proposed conditions of approval will mitigate potential noise or other land use impacts of this use to nearby residents. Proposed Outdoor Dining Area 7.1 Packet Pg. 27 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 15 of 16 Additional Review The Public Works/Engineering Department and Building and Safety Division, as well as the County of Los Angeles Fire Department reviewed this Project and included their comments in the attached resolution as conditions of approval. ENVIRONMENTAL ASSESSMENT: The previously approved Project was reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City prepared an Initial Study and filed a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Project with the Office of Planning and Research and the Los Angeles County Clerk on September 19, 2019. On November 19, 2019, the Mitigated Negative Declaration was adopted and the development application was approved. A Notice of Determination was filed and posted on November 20, 2019. No CEQA challenge was filed. Under CEQA Guidelines Section 15164, an addendum to an adopted MND may be prepared if only minor technical changes or additions are necessary or none of the conditions calling for the preparation of a subsequent negative declaration or Environmental Impact Report (EIR) have occurred. Under Section 15162, the City shall prepare an EIR if there are any new significant environmental effects associated with the refined project. With respect to the proposed Project, the revisions are only minor technical changes that do not result in any new significant environmental effect(s). Pursuant to Public Resources Code Section 21166 and CEQA Guidelines 15162, the City analyzed whether the revisions would result in new significant impacts or substantial increase in severity of previously identified impacts. Based on the City’s analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation negative declaration is required. As a result, the City’s analysis and conclusions are documented in an Addendum to the previously adopted MND (Attachment D). NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site on March 11, 2022, and to the residents who have previously attended the Planning Commission and City Council hearings and community meeting. The notice was also published in the San Gabriel Valley Tribune newspaper on April 1, 2022. The Project site was posted with a notice display board, and a copy of the public notice was posted at the City’s designated community posting sites. PREPARED BY: 7.1 Packet Pg. 28 Amendment to Development Review, Tentative Parcel Map No. 82066, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit (Planning Case No. PL2017 -169) Page 16 of 16 REVIEWED BY: Attachments: A. Draft Resolution No. 2022-XX (Approval of Addendum to MND, Amendment to DR, TPM, CUP, DR, PP and CSP, and Approval of MCUP) and Standard Conditions of Approval B. City Council Staff Report Dated November 19, 2019 C. Planning Commission Staff Report Dated October 30, 2019 D. Addendum to Mitigated Negative Declaration E. Revised Parking Demand Analysis Dated January 10, 2022 F. Site, Architectural, Conceptual Grading and Landscape Plans, and Tentative Parcel Map G. Comprehensive Sign Program Dated March 25, 2022 7.1 Packet Pg. 29 PLANNING COMMISSION RESOLUTION NO. 2022-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING AMENDMENTS TO THE BREA CANYON BUSINESS PARK PROJECT NO. PL 2017-169 CONSISTING OF AN ADDENDUM TO THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION, APPROVAL OF AMENDMENT TO DEVELOPMENT REVIEW, TENTATIVE PARCEL MAP NO. 82066, CONDITIONAL USE PERMIT, PARKING PERMIT, COMPREHENSIVE SIGN PROGRAM, AND APPROVAL OF MINOR CONDITIONAL USE PERMIT LOCATED AT 850 S. BREA CANYON ROAD (ASSESSORS PARCEL NO. 8719-013-017). A. RECITALS 1. The property owner and applicant, Philip Lee and Preston Chan of Lycoming, LLC, have filed an application (Planning Case No. PL2017-169) to amend the previously approved new commercial development consisting of a 109 -room, four-story hotel; a 47,642 square-foot, three-story office building; and an 8,900 square-foot, single-story medical office building located on the east side of south Brea Canyon Road between Lycoming Street and SR-60 freeway. Hereinafter in this resolution, the subject components of the application shall be collectively referred to as the “Project.” 2. The following approvals are requested of the Planning Commission: (a) Amendment to Development Review to approve revisions to the site and architectural designs to accommodate: • The replacement of the single-story 8,900 square-foot medical office building with a 6,500 square-foot commercial building to accommodate up to three tenants. • Minor architectural revisions to the hotel building to accommodate the addition of 15 rooms (approved for 109 rooms and proposing 124 rooms); and • The addition of a southbound left-turn pocket on Brea Canyon Road to accommodate left-turn ingress to the Project. (b) Amendment to Tentative Parcel Map to eliminate the condominium map associated with the above-described medical office building. (c) Amendment to Conditional Use Permit to approve a drive-thru service lane for one tenant at the proposed 6,500 square-foot commercial building. (d) Amendment to Parking Permit to approve the updates to the shared parking demand analysis. (e) Amendment to Comprehensive Sign Program to approve the refurbishment of an existing 65-foot tall pylon sign, addition of a wall sign 7.1.a Packet Pg. 30 2 PC Resolution No. 2022-XX on the three-story medical office building, and associated wall signs on the proposed single-story commercial building. (f) Minor Conditional Use Permit to approve the outdoor dining area for the single-story 6,500 square-foot commercial building. 3. The subject property consists of one parcel totaling 249,022 gross square feet (5.73 acres). It is located in the Regional Commercial-Planned Development Overlay (C-3-PD) zone with an underlying General Plan land use designation of General Commercial (C). 4. The legal description of the subject property is Lots 7 and 79 of Parcel Map No 33069. The Assessor’s Parcel Number is 8719-013-017. 5. In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15070, the City prepared and filed an Initial Study/Environmental Checklist and Notice of Intent to Adopt Mit igated Negative Declaration for the Project on September 19, 2019, with the State Clearinghouse and the Los Angeles County Clerk. The notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The notice was also mailed to public agencies and residents who attended the community meeting hosted by the applicant. Pursuant to CEQA Section 15105, the 30-day public review period for the MND began on September 20, 2019, and ended October 19, 2019. 6. On November 19, 2019, the Mitigated Negative Declaration was adopted and the development application was approved. A Notice of Determination was filed and posted on November 20, 2019. No CEQA challenge was filed. 7. Pursuant to Public Resources Code Section 21166 and CEQA Guidelines 15162, the City analyzed whether the revisions would result in new significant impacts or substantial increase in severity of previously identified impacts. Based on the City’s analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation negative declaration is required. As a result, the City’s analysis and conclusions are documented in an Addendum to the previously adopted MND and the Planning Commission reviewed and approves said document. 8. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper on April 1, 2022. On March 11, 2022, public hearing notices were mailed to property owners within a 700-foot radius of the project site and to residents who previously attended the Planning Commission and City Council hearings, as well as the community meeting. In addition to the published and mailed notices, the project site was posted with a display board and public notices were posted at the City’s designated community posting sites. 9. On April 12, 2022, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 10. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of 7.1.a Packet Pg. 31 3 PC Resolution No. 2022-XX Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the Project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 21.20.110, 22.48, 22.58.040, 22.30.050, 22.36.060, and 22.56.040 this Planning Commission hereby finds and approves as follows: Development Review Findings (DBMC Section 22.48) 1. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The Project is consistent with the applicable elements of the City’s General Plan, City Design Guidelines, development standards in the previously approved planned development overlay zoning district. The Project, as designed, is deemed to be the best layout due to the size and configuration of the lot. The Project is designed in a contemporary modern style of architecture and incorporates principles of the modern architecture by its simplicity of building form and windows with non-superfluous details. The Project provides 360-degree architectural articulation with a high level of attention to building details and finishes as well as incorporate signage to be compatible with the design motif of the buildings. The project site is not a part of any theme areas, specific plans, community plans, boulevards or planned developments. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The Project will not interfere with the use or enjoyment of neighboring existing or future developments because the following conditions of approval are 7.1.a Packet Pg. 32 4 PC Resolution No. 2022-XX recommended to prevent potential noise, odor, parking or other land-use impacts to nearby residences: • A six-foot decorative concrete block wall shall be constructed along the north property line abutting the Farmer Boys property. A six-foot decorative concrete block wall is proposed to be constructed a long the north property line, along the Los Angeles County Flood Control District channel. • No external speakers such as the menu (order) board, speaker post, and pick - up window typically associated with the operation of the proposed drive -thru lane shall be directly oriented or skewed toward proximal residential areas to the north and west of the project site. All such speakers shall be equipped with an automatic volume control (AVC) system, as pre-approved by the Community Development Director, designed to adjust speaker volume levels based on ambient noise levels and automatically lowering noise levels during time periods when ambient noise is low, particularly at night. Prior to the issuance of building permits, the location and direction of the exterio r menu boards and speaker posts shall be reviewed and approved by the Community Development Director; • Prior to the issuance of building permits for any restaurant -related business(es) proposed on the project site, the project proponent, as represented by the property owner, operator, franchisee, licensee, and/or master lease of the business(es), shall submit an odor management and control plan (OMCP), including a listing of the proposed exhaust systems and the manufacturer’s specifications associated therewith; and the siting and positioning of any outdoor venting outlets of those exhaust control systems, subject to the review and approval of the Community Development Director. The OMCP shall include an exhaust air filtration system with odor controls preventing or minimizing the discharge of internal odors and any associated air pollutants from being externally emitted. The exhaust outlet shall be located to promote upward discharge so that emissions therefrom can be adequately dispersed and neither cause nor contribute to an odor nuisance; and • If, at any time, the City finds that the drive-thru lane and/or outdoor dining area is the cause of a parking deficiency, noise nuisance, or other land -use impact, within or beyond the subject property boundaries, th e Community Development Director after providing the entitlement holder a reasonable opportunity to mitigate the impact(s) to an acceptable level, may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit and Minor Conditional Use Permit to address such impacts. The Project will not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service with the following traffic improvements required to be constructed: • Add a southbound left-turn pocket on Brea Canyon Road to accommodate a left-turn in access to the Project. • Restriping of the northbound approach to westbound Lycoming Street along 7.1.a Packet Pg. 33 5 PC Resolution No. 2022-XX Brea Canyon Road to the north of the Project’s driveway to provide an additional exclusive westbound left-turn lane. • In response to the addition of a second exclusive left-turn lane to the west of Brea Canyon Road, along Lycoming Street, the restriping of the westbound lane to accommodate two receiving lanes. • Relative to eastbound Lycoming Street, west of Brea Canyon Road, restriping of the existing eastbound shared left/through/right-turn lane to provide an exclusive left-turn lane and a separate shared through/right-turn lane. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan. The Project is designed to be compatible with the surrounding neighborhood and minimize any potential negative impacts but also elevates the architectural character of the area. The proposed single-story commercial building is designed to be consistent with the architectural theme of the center, incorporating the same palette of colors and materials. The architectural style is a contemporary modern style and designed to incorporate principles of the modern architecture by its simplicity of building form and windows with non-superfluous details. The Project provides 360-degree architectural articulation with a high level of attention to building details and finishes and also incorporates signage to be compatible with the design motif of the buildings. The Project will also construct attractive streetscape improvements along the Project frontage such as street trees, decorative interlocking pavers and theme rails. The design and appearance of the Project is compatible and will enhance the surrounding community. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing. See Response 3 above. 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. Before the issuance of any City permits, the Project is required to comply with all conditions within the approval resolutions, and the Building and Safety Division and Public Works Departments, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with th e provisions of the California Environmental Quality Act (CEQA). Pursuant to Public Resources Code Section 21166 and CEQA Guidelines 15162, the City analyzed whether the revisions would result in new significant impacts or substantial increase in severity of previously identified impacts. Based on the City’s analysis, EIR or subsequent mitigated negative declaration is required. As 7.1.a Packet Pg. 34 6 PC Resolution No. 2022-XX a result, the City’s analysis and conclusions are documented in an Addendum to the previously adopted MND. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.110 of the City’s Subdivision Ordinance, the Planning Commission makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan. The Project involves the subdivision of the lot into four separate parcels and the condominium subdivision of air space for one office building. The three -story office building will subdivide air space for 34 medical office units. The current General Plan land use designation for the Project site is General Commercial (C) and zoning district is Regional Commercial-Planned Development Overlay District (C-3-PD), which allows for a new commercial development consisting of a 124-room, four-story hotel; a 47,642 square-foot, three-story medical office building, and a 6,500 square-foot single-story commercial building. The Project site is not a part of any specific plan. 2. The site is physically suitable for the type and proposed density of development. The Project is consistent with the General Plan land use designation of General Commercial (C), which allows for regional, freeway-oriented, and/or community retail and service commercial uses. The Project is located within an urbanized area adequately served by existing roadways and infrastructure. Therefore, the property is physically able to accommodate the proposed development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habit ats or would otherwise injure fish or wildlife or their habitat. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems. The proposed subdivision or type of improvements are not likely to cause serious public health or safety problems because the existing site is located in an urbanized area and is consistent with other similar improvements in the area. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. The Project site has a Caltrans storm drain easement that runs diagonally through the site from the south to the existing northern Los Angeles County flood control channel that will be relocated. Storm drain connections to and/or construction activities encroaching into a LACFCD easement require a County permit. 6. The discharge of sewage from the proposed subdivision into the community 7.1.a Packet Pg. 35 7 PC Resolution No. 2022-XX sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. As part of the environmental review process, the City received will -serve letters from the Walnut Valley Water District and the County Sanitation Dist ricts of Los Angeles County. The Project is conditioned to obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions. The Project is not located within any known landslide hazard area, and all buildings will conform to applicable earthquake design regulations in the 201 9 California Building Code as well as conform to and be consistent with the recommended seismic parameters and recommended design and development standards identified in the preliminary geotechnical report. A preliminary geotechnical report was submitted and indicated a potential for liquefaction of layers of sandy soils at the northwest corner of the project site. A mitigation measure is included in the adopted Mitigation Reporting and Monitoring Program to reduce any potential hazards and liquefaction settlements. 8. The proposed subdivision is consistent with all applicable provisions of the City’s subdivision ordinance, the development code, and the subdivision map act. The Project is consistent with the City’s subdivision ordinance, subdivision map act, and applicable development code. 9. There has been a change of circumstances related to the original approval. The applicant requested the modifications to the Project as a result of shifting real estate market needs and demand from the COVID -19 pandemic. Some of the revisions address residents’ concerns raised during the public hearings in 2019. Conditional Use Permit Findings (DBMC Section 22.58.040) 1. The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The proposed drive-thru service lane that wraps around the proposed single-story commercial building is subject to a Conditional Use Permit. The proposed drive- thru service lane has adequate vehicle queuing length to accommodate the expected demand in order to reduce the likelihood of vehicle stacking obstructing parking lot travel lanes. Thirteen (13) vehicle queuing spaces are available, which is adequate to accommodate the expected demand of vehicular traffic. Cars queuing in the drive-thru lane will be screened from view along Brea Canyon Road by a landscaped buffer. In addition, there is sufficie nt turning radii in the drive-thru aisle for vehicles to maneuver and turn in the lane. In addition, conditions of approval are incorporated to prevent potential noise, odor, parking or other land-use impacts to nearby residences. 2. The proposed use is consistent with the General Plan and any applicable specific 7.1.a Packet Pg. 36 8 PC Resolution No. 2022-XX plan. The C-3-PD zoning district allows for large-scale commercial uses serving residents and businesses within the region including a broad spectrum of land uses including hotels, offices, retail and restaurant tenants with drive-thru service and will be consistent with the General Plan land use designation of General Commercial (C). There is no specific plan proposed as part of this development. 3. The design, location, size, and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The Project will not interfere with the use or enjoyment of neighboring existing or future developments because conditions of approval are incorporated to prevent potential noise, odor, parking or other land-use impacts to nearby residences. See also Response 1 above. 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. The Project is consistent with the General Plan land use designation of General Commercial and the zoning designation of Regional Commercial-Planned Development Overlay, which allows for the development of retail and restaurant uses with drive-thru service. The Project Site is located within an urbanized area adequately served by existing roadways and infrastructure. The Project will not cause any intersections or street segments in the vicinity to operate at unacceptable level of service with the proposed conditions of approval and adopted mitigation measures and improvements required as part of the Project approval. All utility services will be provided to the property. 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Prior to the issuance of any City permits, the Project is required to comply with all conditions within the approval resolutions, and the Building and Safety Division and Public Works Departments, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to Public Resources Code Section 21166 and CEQA Guidelines 15162, the City analyzed whether the revisions would result in new significant impacts or substantial increase in severity of previously identified impacts. Based on the City’s analysis, no EIR or subsequent mitigated negative declaration is required. As a result, the City’s analysis and conclusions are documented in an Addendum to the previously adopted MND. Parking Permit Findings (DBMC Section 22.36.060) 7.1.a Packet Pg. 37 9 PC Resolution No. 2022-XX 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved. Based on parking studies assessing the projected peak parking demands, and parking utilization data/surveys for the hotel component with the office uses, the Project will adequately meet the overall parking demand by providing 289 spaces for all uses. To ensure that adequate parking is available for customers and employees of the Brea Canyon Business Center, a Parking Management Plan will be developed that identifies the proposed employee parking spaces and key management strategies such as short term/time restricted spaces to maximize the availability of parking for customers and employees of the center. The applicant is required to record a City-approved reciprocal parking and access agreement governing the use and access of all common driveways, parking, and easement areas prior to the issuance of building permits. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses). See Response 1 above. Since there is a deficit number of parking space s when shared parking dynamics are not factored in, a parking study was prepared to analyze the parking demand through the application of a shared parking concept. The applicant submitted a parking study that provides parking demand calculations based on survey data collected at a similar hotel site and the Urban Land Institute’s Shared Parking (2nd Edition) methodology signed by a licensed traffic engineer. As stated, there are 289 spaces proposed on-site, of which 53 are compact spaces and are proposed to be allocated for employee parking. Based on the parking studies assessing the projected peak weekday parking demand of 289 spaces, there will be a surplus of 0 spaces; and the peak weekend parking demand totals 278 spaces, which results in a surplus of 11 spaces. An alternative assessment was done to ensure that adequate parking is provided using parking utilization data/surveys for the hotel component with the office uses, resulting in a surplus of 62 spaces on weekdays and 144 spaces on weekends. The proposed development will adequately meet the overall parking demand by providing 289 spaces for all parcels. To ensure that adequate parking is available for customers and employees of the Brea Canyon Business Center, a Parking Management Plan will be developed that identifies the proposed employee parking spaces and key management strategies such as short term/time restricted spaces to maximize the availability of parking for customers of the center. Comprehensive Sign Program Findings (DBMC Section 22.36.060) 1. The comprehensive sign program satisfies the purpose of this chapter and the intent of this section. The comprehensive sign program satisfies the purpose and intent of the Development Code by integrating the signage with the design of the building and having specific requirements such as size, location, and design requirement for freestanding and building-mounted signs. The comprehensive sign program enhances the overall development by providing size criteria for wall and 7.1.a Packet Pg. 38 10 PC Resolution No. 2022-XX monument signs that are appropriate to the scale and setbacks of the buildings, and are placed so that they respect and harmonize the architectural elements onto which they will be mounted or constructed. The revisions include retaining an existing 65-foot high freestanding pylon sign for the fast-food restaurant tenant and refurbishing the structure with paint colors and stone veneer to the buildings in the center; adding a wall sign on the north elevation of the three-story medical office building to provide visibility along the SR-60 freeway; and adding three wall signs on the east (front) and west (rear) elevations of the proposed single-story commercial building for each tenant. 2. The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to surrounding development. The proposed revisions satisfies the purpose and intent of the Comprehensive Sign Program by integrating the signage with the design of the building s and having specific size, location, and design requirements for freestanding and building-mounted signs. The revisions are appropriate to the scale and setbacks of the buildings, and placed so they respect and harmonize with the architectural elements onto which they will be mounted or constructed. 3. The comprehensive sign program accommodates future revisions which may be required due to changes in uses or tenants. The comprehensive sign program accommodates future revisions by having minor changes reviewed by staff and the Community Development Director, and any major changes to be reviewed by the Planning Commission. 4. The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter. The comprehensive sign program complies with the standards of DBMC Chapter 22.36 and will enhance the overall development through consistency with the City’s Design Guidelines for commercial signage, uniformity and easy identification of the signs, and neighborhood compatibility. Minor Conditional Use Permit Findings (DBMC Section 22.56.040) 1. The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Pursuant to DBMC Section 22.10 – Table 2-6, the proposed outdoor dining area is permitted in the Regional Commercial Planned Development Overlay (C-3-PD) zone with the approval of a Minor Conditional Use Permit. As conditioned, the proposed outdoor dining area complies with all other applicable provisions of the Municipal Code. 2. The proposed use is consistent with the general plan and any applicable specific plan. 7.1.a Packet Pg. 39 11 PC Resolution No. 2022-XX The project site’s land use designation is General Commercial (C). According to the General Plan, this land use designation provides for regional, freeway- oriented, and/or community retail and service uses such as restaurants. The proposed outdoor dining area is considered a service use and as such is consistent with the General Plan. There is no applicable specific plan for the project site. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The outdoor dining area is proposed in front of the single-story commercial building, located approximately 116 feet away from the nearest residential property—separated by the Los Angeles County Flood Control District channel and proposed six-foot high concrete block wall—which reduces potential noise and compatibility problems. Entertainment of any kind will not be permitted. Therefore, the operating characteristics will be compatible with the existing and future uses within the surrounding as conditioned. 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. See Response 3 above. 5. Granting the Minor Conditional Use Permit will not be detrimental to th e public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. The proposed outdoor dining area will be subject to the conditions set forth in this resolution. In light of these facts, the approval of the application will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to Public Resources Code Section 21166 and CEQA Guidelines 15162, the City analyzed whether the revisions would result in new significant impacts or substantial increase in severity of previously identified impacts. Based on the City’s analysis, no subsequent EIR, supplemental EIR, or subsequent mitigation negative declaration is required. As a result, the City’s analysis and conclusions are documented in an Addendum to the previously adopted MND. Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.110, 22.48, 22.58.040, 22.30.050, 22.36.060, and 22.56.040 , this Planning Commission hereby finds approves the Amendments to Tentative Parcel Map No. 82066, Development Review, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit subject to the following conditions, and the attached Standard Conditions of Approval: A. GENERAL 7.1.a Packet Pg. 40 12 PC Resolution No. 2022-XX 1. The development shall comply with the Conditions of Approval attached hereto and referenced herein. The following Conditions of Approval, including the Standard Conditions of Approval attached hereto, shall be binding on and enforceable against, and, whenever used herein, the terms “applicant”, "owner", and/or "applicant/owner" shall mean and refer to, each of the following: the project applicant, the owner(s) and tenants(s) of the property, and each of their respective successors and assigns. 2. This approval shall not be effective for any purpose until the applicant/owner of the property involved has filed, within twenty-one (21) days of approval of this Amendment to Tentative Parcel Map No. 82066, Development Review, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit Planning Case No. PL2017-169, at the City of Diamond Bar Community Development Department, an affidavit stating that the applicant/owner is aware of and agrees to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays the remaining City processing fees. 3. The development shall comply with the Mitigation Reporting and Monitoring Program for the adopted Mitigated Negative Declaration. 4. All on-site utilities shall be placed underground at the time of development. 5. All landscaping on the site shall comply with the City’s Water Conservation Landscaping Ordinance. 6. The applicant shall comply with Diamond Bar Municipal Code Section 22.34.050. A permanent maintenance program shall be implemented ensuring regular irrigation, fertilization, and weed removal. All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. Provisions for ongoing maintenance of all areas of the Subject Property under the jurisdiction of a future property owners association shall be set forth in the association CC&Rs, which shall be subject to review and approval by the City prior to final map recordation. 7. All visible vents, gutters, down spouts, flashings, and the like shall match the color of the building, unless expressly designed as complementary architectural features. 8. Pursuant to Government Code Section 66020, the Applicant is informed that the 90-day period in which the Applicant may protest the fees, dedications, reservation or other exaction imposed on this approval through the conditions of approval has begun. B. DEVELOPMENT REVIEW 1. This approval is for the revisions to the site plan, elevations, exterior materials, and conceptual landscape plans for a new commercial development to be constructed at 850 S. Brea Canyon Road, as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions in this Resolution. 7.1.a Packet Pg. 41 13 PC Resolution No. 2022-XX 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the City Council, as modified pursuant to the conditions below. If the plan check submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and re- notification of the surrounding property owners, which may delay the project and entail additional fees. 3. Prior to building permit issuance, landscape and irrigation plans shall be submitted for review and approval by the City’s Consulting Landscape Architect for compliance with the City’s Water Conservation Landscaping Ordinance. 4. All existing public improvements damaged during construction shall be repaired or replaced upon project completion. 5. Prior to the issuance of building permits, all lighting fixtures shall be approved by the Planning Division as to type, orientation, and he ight. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division. Such plan shall indicate type, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. C. TENTATIVE MAP 1. The development shall carry out the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance. 2. The development shall secure compliance with the requirements of the Subdivision Ordinance and the General P lan and shall comply with the Conditions of Approval attached hereto and referenced herein. 3. Any designated remainder parcels shall not be subsequently s old or further subdivided unless a certificate or conditional certificate of compliance (Chapter 21.28) is obtained in compliance with the Subdivision Ordinance. 4. Prior to final map approval, the Covenants, Conditions, and Restrictions (CC&R’s) that govern the four parcels as well as the condominium units within the office buildings shall be reviewed and approved by the Planning Division, Public Works Department and City Attorney, and shall not be amended or terminated without prior City approval. D. CONDITIONAL USE PERMIT 1. A six-foot decorative concrete block wall shall be constructed along the north property line abutting the Farmer Boys property. 2. No external speakers such as the menu (order) board, speaker post, and pick-up window typically associated with the operation of the proposed drive-thru lane shall be directly oriented or skewed toward proximal 7.1.a Packet Pg. 42 14 PC Resolution No. 2022-XX residential areas to the north and west of the project site. All such speakers shall be equipped with an automatic volume control (AVC) system, as pre-approved by the Community Development Director, designed to adjust speaker volume levels based on ambient noise levels and automatically lowering noise levels during time periods when ambient noise is low, particularly at night. Prior to the issuance of building permits, the location and direction of the exterior menu boards and speaker posts shall be reviewed and approved by the Community Development Director. 3. Prior to the issuance of building permits for any restaurant -related business(es) proposed on the project site, the project proponent, as represented by the property owner, operator, franchisee, licensee, and/or master lease of the business(es), shall submit an odor management and control plan (OMCP), including a listing of the proposed exhaust systems and the manufacturer’s specifications associated therewith; and the siting and positioning of any outdoor venting outlets of those exhaust contro l systems, subject to the review and approval of the Community Development Director. The OMCP shall include an exhaust air filtration system with odor controls preventing or minimizing the discharge of internal odors and any associated air pollutants from being externally emitted. The exhaust outlet shall be located to promote upward discharge so that emissions therefrom can be adequately dispersed and neither cause nor contribute to an odor nuisance. 4. If, at any time, the City finds that the drive-thru lane and/or outdoor dining area is the cause of a parking deficiency, noise nuisance, or other land - use impact, within or beyond the subject property boundaries, the Community Development Director after providing the entitlement holder a reasonable opportunity to mitigate the impact(s) to an acceptable level, may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit and Minor Conditional Use Permit to address such impacts. 5. Prior to the issuance of occupancy permits for any food service and/or restaurant-related use operating from the hotel building and the retail/restaurant building, the project proponent, as represented by the individual owners, operators, franchisees, licensees, and/or master leases of those businesses, as appropriate, authorized to bind those businesses, shall submit, and when deemed acceptable, the Community Development Director shall approve organic waste disposal and recycling plans conforming to Assembly Bills 827 and 1826 appropriately sized and capable of accommodating all food service and/or restaurant-related uses therein. E. PARKING PERMIT 1. Prior to final map approval, submit a reciprocal parking and access agreement governing the use and access of all common driveways, parking and easement areas. The agreement shall be reviewed and approved by the City Attorney and shall not be amended or terminated without prior City approval. 7.1.a Packet Pg. 43 15 PC Resolution No. 2022-XX 2. Prior to the issuance of building permits, submit a Parking Management Plan that identifies the employee parking spaces and key management strategies such as short term/time restricted spaces to maximize the availability of parking for customers and employees of the center. 3. Prior to the issuance of building permits, submit a Transportation Demand Management (TDM) program to encourage increased ridesharing and the use of alternative transportation methods [DBMC Section 22.40.030(2)(b)]. A TDM program shall include the following measures: a. Carpool/vanpool preferential parking. At least 10 percent of the employee parking spaces shall be designated for carpool vehicles by marking the spaces “Carpool Only.” Carpool spaces shall be used only by carpool vehicles in which at least two of the persons are employees or tenants of the project. Spaces shall be located near the structure’s employee entrance(s) or other preferential locations within the employee parking areas as approved by the director. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining preferential spaces shall be included on the required transportation information board. b. Bicycle Parking. A bicycle parking/storage area shall be provided for the use by employees, located in a secure location in close proximity to employee entrances. The minimum number of bicycle parking spaces to be provided shall be three spaces for each 100 employees or fraction thereof. This requirement is in addition to bicycle parking requirements for the public. c. Pedestrian Access. Sidewalks and other paved pathways shall be provided on-site to connect off-site external pedestrian circulation systems. d. Commuter Matching Service. Commuter matching services for ridesharing and carpooling shall be provided to all employees on an annual basis and all new employees upon hiring. e. Carpool/vanpool Loading Zones. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers shall be provided near employee entrances. f. Transit Waiting Shelters. Bus pullouts, bus pads and bus shelters may be required by the City. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to Philip Lee and Preston Chan of Lycoming, LLC, 17777 Center Court Drive, Suite 725, Cerritos, CA 90703. 7.1.a Packet Pg. 44 16 PC Resolution No. 2022-XX APPROVED AND ADOPTED THIS 12TH DAY OF APRIL 2022, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: __________________________________________ Raymond Wolfe, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a special meeting of the Planning Commission held on the 12th day of April 2022, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: _____________________________________ Greg Gubman, Secretary 7.1.a Packet Pg. 45 17 PC Resolution No. 2022-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS CONDITIONAL USE PERMIT, NEW COMMERCIAL STRUCTURES PROJECT #: Amendment to Tentative Parcel Map No. 82066, Development Review, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit No. PL 2017-169 SUBJECT: Revision to construct a new commercial development consisting of a 124-room, four-story hotel; a 47,642 square- foot, three-story office building; and an 6,500 square-foot, single-story commercial building. PROPERTY Philip Lee of Lycoming, LLC, 17777 Center Court Drive, OWNER(S)/ #725, Cerritos, CA 90703 APPLICANT: LOCATION: 850 S. Brea Canyon Road, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set -aside, void or annul the approval of Amendments to Tentative Parcel Map No. 82066, Development Review, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit No. PL 2017-169 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's 7.1.a Packet Pg. 46 18 PC Resolution No. 2022-XX option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Amendment to Tentative Parcel Map No. 82066, Development Review, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit No. PL 2017-169 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2022-XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division revi ew and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 7.1.a Packet Pg. 47 19 PC Resolution No. 2022-XX 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Amendment to Tentative Parcel Map No. 82066, Development Review, Conditional Use Permit, Parking Permit, Comprehensive Sign Program; and Minor Conditional Use Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBMC Section 21.20.140 and 22.66.050(b)(1). The applicant may request in writing a one year time extension subject to DBMC Sections 21.20.150 and 22.66.050(c) for City Council approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground-mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof-mounted equipment shall be screened from public view. 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 5. No occupancy permit can be granted, until all improvements required by this approval have been properly constructed, inspected, and approved. 7.1.a Packet Pg. 48 20 PC Resolution No. 2022-XX 6. If any aspect of construction requires the use of an easement on a third party’s property or the use of an easement granted to a third party on the applicant’s property, the applicant must provide the City with correspond ence/proof documenting that the easement has been granted before any building permits will be issued. 7. Prior to placement of any construction trailers, the applicant shall submit a site plan showing placement of the construction trailers and shall agree to abide by all conditions of approval required by the Community Development Director. 8. Prior to issuance of a building permit, the location, size, and screening of all building utility service connections, including water, gas, and electric service, fire service, and irrigation connections shall be approved by the Community Development Director. All changes to building utility connections shall be approved by the Community Development Director prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign all plans submitted to the City which locate, size and/or screen utility connections. 9. Additional plant materials may be required by the Community Development Director and shall be planted prior to final occupancy in order to screen utility connections, valves, backflow devices, and all above ground appurtenances, etc., to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected. 10. All parking spaces shall comply with the standards for adequate depth, width, and turning radius as set forth in DBMC Section 22.30.070. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ensure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 7.1.a Packet Pg. 49 21 PC Resolution No. 2022-XX A. GENERAL 1. A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted and approved by the City, uploaded to the State’s SMARTS system, and a WDID number shall be acquired from the California Water Board prior to issuance of construction permits. 2. The applicant shall comply with Low Impact Development (LID) requirements to the satisfaction of the City Engineer. The LID Plan will be required to comply with the 2021 MS4 Permit. The LID Plan shall be approved prior to grading permit issuance and/or building permit issuance for new structures. 3. The CC&Rs shall outline LID BMP ownership and maintenance responsibilities in accordance with the Approved LID Operation and Maintenance Plan. 4. Prior to issuance of grading permits, surety shall be posted guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 5. Street/Right-of-Way Dedications along Brea Canyon Road shall be approved by the City Council and Recorded with the Los Angeles County Recorder’s Office prior to issuance of Certificate of Occupancy. 6. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative map upon approval by the Advisory agency. 7. Prior to any work performed in the street right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 8. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 9. Approval shall be obtained for all off -site improvements from the affected property owner and the City as required by the City Engineer. B. SOILS REPORT/GRADING 1. At the time of submittal of the 40-scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: 7.1.a Packet Pg. 50 22 PC Resolution No. 2022-XX a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final m ap; c) Soil remediation measures shall be designed for a “worst case” geologic interpretation subject to verification in the field during grading; d) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; h) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40-scale final grading plan as a base; and i) All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 2. No grading or any staging or construction shall be perf ormed prior to final map approval by the City Council and map recordation or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 8:00 a.m. and 4:00 p.m., Monday through Friday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. The applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City’s requirements for the City’s review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 7.1.a Packet Pg. 51 23 PC Resolution No. 2022-XX 5. Finished slopes shall conform to City Code Section 22.22.080-Grading. 6. All slopes in excess of five (5) feet in height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 7. All easements shall be clearly identified on the grading plan. 8. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 9. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot-high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 12. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 13. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 14. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 15. A pre-construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 7.1.a Packet Pg. 52 24 PC Resolution No. 2022-XX 16. Rough grade certifications by project soils and civil engineers shall be submitted prior to issuance of building permits for the foundation of the structure(s). Retaining wall permits may be issued without a rough grade certificate. 17. Final grade certifications by project civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/Certificate of Occupancy respectively. 18. Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. C. DRAINAGE 1. Detailed drainage system information of the lot sha ll be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer. 3. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. D. OFF-SITE STREET IMPROVEMENTS/TRAFFIC MITIGATIONS 1. Prior to issuance of Certificate of Occupancy, all off-site improvements shall be constructed in accordance with the approved Off-Site Improvement Plan (Plan) to the satisfaction of the City Engineer. It is understood that the ongoing Caltrans review may require changes to the Plan. The Plan shall be approved by Caltrans approval and the City Engineer prior to issuance of construction permits. If required by Caltrans, an encroachment permit shall be obtained from Caltrans prior to commencing any works in the Caltrans right-of-way. 2. The applicant shall be responsible for any traffic signal modifications, public signage, and utility relocations necessary to construct the improvements in accordance with the Off-Site Improvement Plan. 7.1.a Packet Pg. 53 25 PC Resolution No. 2022-XX 3. A decorative crosswalk shall be constructed to connect the public sidew alk across the project driveway. 4. Prior to issuance of Certificate of Occupancy, the existing bus stop on northbound Lycoming, approximately 130 feet north of the intersection of Lycoming and Brea Canyon, shall be improved by the following measures: a. A bus shelter shall be installed in accordance with the City of Diamond Bar provided plans and specifications. b. A concrete bus pad shall be installed in accordance with American Public Works Association (APWA) Standard Plans for Public Works Construction (SPPWC). 5. Prior to building permit issuance, sufficient right-of-way shall be dedicated to the City in accordance with the approved Off-Site Improvement Plan to accommodate the following improvements: a. The sidewalk between the 60 FWY and the project driveway shall be widened to 8 feet. b. A deceleration lane shall be constructed for northbound traffic on Brea Canyon to enter the project site through the driveway. 6. Prior to issuance of Certificates of Occupancy, there shall be a 30 -day plant establishment period and a subsequent 90-day landscape maintenance period (120 days total) to establish the newly installed landscaping to the satisfaction of the City. 7. Intersection improvements shall be constructed at the intersection of Brea Canyon Road and Lycoming Street in accordance with the Year 2020 Year Cumulative Plus Project Recommended Improvements of the approved Traffic Impact Analysis Addendum. 8. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 9. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite construction. 10. Prior to the recordation of the final tract map, the Applicant shall provide, to the satisfaction of the City Engineer, the Applicant's fair-share contribution toward the cost of the improvements of the impacted intersections in the amount of $853,518 as defined in Tables 11-2 and 11-3 of the approved Traffic Impact Analysis Addendum. Fair share contributions shall be paid directly to the impacted agency. Proof of payment shall be provided to the City. 7.1.a Packet Pg. 54 26 PC Resolution No. 2022-XX 11. Prior to issuance of Certificates of Occupancy, the Applicant shall install and maintain approved landscaping within the Caltrans R/W directly adjacent to the project site. A Landscape Maintenance Agreement shall be executed per Caltrans requirements between the City and Caltrans. Concurrently, a second Landscape Maintenance Agreement shall be executed between the property owner and the City, outlining that the landscaping will be the property owner’s responsibility to maintain. 12. An encroachment/access permit shall be acquired from Caltrans for the property owner to maintain the landscaping prior to issuance of Certificate of Occupancy. E. UTILITIES 1. The portion of the storm drain that is within the property is privately owned and shall be maintained by the property owner. The CC&Rs shall outline full storm drain ownership and maintenance responsibilities. 2. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purpose shall be offered and shown on the detailed site plan for dedication to the City or affected utility company as deemed necessary. 3. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 4. Prior to final map approval, the applicant shall construct or enter into a subdivision improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 5. Prior to final map approval or issuance of building permit, whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 6. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 7.1.a Packet Pg. 55 27 PC Resolution No. 2022-XX 7. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 8. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Each building unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the County sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works. 2. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 3. Applicant, at applicant’s sole cost and expense, shall construct the sewer system in accordance with the City requirements. H. FINAL MAP 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 4. Prior to final map approval, all site grading, landscaping, irrigation, street, streetscape, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and a subdivision agreement executed guaranteeing completion of all public and private improvements. 5. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 6. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map 7.1.a Packet Pg. 56 28 PC Resolution No. 2022-XX for dedication to the City. 7. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 8. Any existing easement for open space and utilities, trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the Subdivision, practical access for the intended use. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL CONDITIONS: 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e. the 2019 CBC series applies until December 31, 2022) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for CALGreen shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific wa ter, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CALGreen Code. Plan Check – Items to be addressed prior to plan approval: 3. The minimum design load for wind in this area is 110 M.P.H. exposures “C” and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission consistent with Subchapter 6 of the California Energy Code. 5. Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage , and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building & Safety Division. 6. “Separate permit shall be required for all wall and monument signs” and shall be noted on plans. 7. “Separate permits are required for pool, spa, detached trellises and gazebos, fountains, retaining walls, and fences over 6’ in height” and shall be noted on plans. 7.1.a Packet Pg. 57 29 PC Resolution No. 2022-XX 8. An exit analysis shall be provided during plan check, showing occupant load for each space, exit width, exit signs, etc. 9. There shall be design for future electrical vehicle charging including circuitry in the electrical panel and future conduit. 10. Number of plumbing fixtures shall be in compliance with CPC T-422. 11. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square footage b. Each building height c. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior wall construction/ opening protection 12. Plans shall reflect adequate exit requirements. The distance between required exits shall be meet the required diagonal distance separation per CBC 1007.1.1. The office building stairs shall be separated at least the ½ or 1/3 the diagonal distance as applicable. 13. All easements shall be shown on the site plan. 14. The paths of travel shall be coordinated between civil and architectural plans to have no more than a 2% cross-slope and a 5% slope in the path of travel unless by a ramp. These paths of travel shall be maintained between buildings and the public way. 15. ADA parking stall sizes shall meet dimensions specified in CBC 11B-502 including a larger width for van spaces distributed throughout the site. 16. Fire Department approval shall be required. Contact the Fire Department to for specific requirements. 17. LA County Industrial Waste and Health approval will be required for any food preparation areas. 18. All retaining walls shall be separately submitted to the Building & Safety and Public Works/Engineering Departments for review and approval. 7.1.a Packet Pg. 58 30 PC Resolution No. 2022-XX 19. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 20. Design for future electric vehicle charging and solar ready roof shall be provided in accordance with CALGreen 5.106.5.3. 21. Parking for low emitting/clean-air vehicle parking shall be provided per CALGreen 5.106.5.2. 22. Swimming pools shall be ADA accessible with a lift, ramp, or equal consistent with CBC 11B-1009. 23. All ADA rooms in the hotel shall meet requirements listed in CBC 11B -224 and 806 including required hearing impaired rooms. 24. Sound levels within each hotel room shall meet sound attenuation requirements listed in CBC 1207.2 through 1207.4 between units, common areas, and outside. 25. A commissioning report and design is required per CALGreen 5.410.2. 26. Bicycle parking is required per CALGreen 5.106.4. 27. Where passenger drop off zones are present, they shall be ADA accessible consistent with CBC 11B-503.3 for striping, path of travel, signage, and related features. 28. The medical office ADA parking shall be increased where the use is for hospital outpatient or rehabilitation as listed in CBC 11B-208.2. 29. The percentage of protected and unprotected openings shall be in conformance to CBC Table 705.8at the north side of the medical office. Permit – Items required prior to building permit issuance: 30. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 31. All food establishments shall obtain Los Angeles County health and environmental waste permits. 32. Prior to building permit issuance, all school district fees shall be paid. Please 7.1.a Packet Pg. 59 31 PC Resolution No. 2022-XX obtain a form from the Building and Safety Division to take directly to the school district. 33. Submit grading plans clearly showing all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 34. LA County Sanitation District approval shall be obtained for connection of the sewer line. 35. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 36. All workers on the job shall be covered by workman’s compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. 37. LA County Health and Industrial Waste approval is required prior to permit issuance of any food establishment. 38. A sound barrier is required to be permitted and installed prior to any construction consistent with the Mitigating Measures item 16. Construction – Conditions required during construction: 39. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 40. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one-hundred-eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one- hundred-eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 41. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 42. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6’ high fence. 43. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand 7.1.a Packet Pg. 60 32 PC Resolution No. 2022-XX bags, etc.). All fencing shall be view obstructing with opaque surfaces. 44. The location of property lines and building pad may require a survey to be determined by the building inspection during foundation and/or frame inspection. 45. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any e xcavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 46. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proce eding with any work in accordance with such changes or deviations. 47. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 48. Drainage patterns shall match the approved grading/drainage plan fro m the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as-built conditions shall match the grading/drainage plan or otherwise approved as-built grading/drainage plan. 49. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 50. Footings shall be deepened where required to avoid underground storm drains or infiltration basins or other underground structures. 51. Pool barriers shall be maintained at all times. 52. ADA access aisle striping shall be at least 8’ wide for van and 5’ for conventional or as required per CBC 11B-502.2. END 7.1.a Packet Pg. 61 7.1.bPacket Pg. 62 7.1.bPacket Pg. 63 7.1.bPacket Pg. 64 7.1.bPacket Pg. 65 7.1.bPacket Pg. 66 7.1.bPacket Pg. 67 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 8.1 MEETING DATE: October 30, 2019 CASE/FILE NUMBER: Brea Canyon Business Park Project - Planning Case No. PL2017-169 PROJECT LOCATION: 850 Brea Canyon Road (Los Angeles County Assessor’s Parcel No. 8719-013-017) GENERAL PLAN DESIGNATION: Professional Office (OP) ZONING DISTRICT: Light Industry (I) PROPERTY OWNER/ APPLICANT: Philip Lee of Lycoming, LLC 17777 Center Court Drive #725 Cerritos, CA 90703 SUMMARY: The applicant is proposing to build a new commercial development consisting of a 109-room, four-story hotel; a 47,642 square-foot, three-story office building; and an 8,900 square-foot, one-story medical office building on a 5.73-acre vacant parcel located on the east side of south Brea Canyon Road between Lycoming Street and the SR-60 freeway. Prior to June 2019, the property operated as a recreational vehicle and boat storage facility. The following entitlements are being requested: 1. General Plan Amendment to change the land use designation from Professional Office (OP) to General Commercial (C). 2. Zone Change to change the zoning district from Light Industry (I) to Regional Commercial-Planned Development Overlay (C-3-PD). 3. Conditional Use Permit to approve development on a site subject to a Planned Development Overlay District and allow modifications to the building height limit CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 7.1.c Packet Pg. 68 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 2 of 27 to allow a 64-foot high, four-story hotel and a 55-foot high, three-story office buildings (where 35 feet is the maximum allowed); reduce the park ing requirement to allow 289 spaces (where 299 spaces are required); and deviate from the parking design standard by reducing the size of 53 parking spaces to 8’X16’ to allow for compact spaces (where 9’X19’ is required). 4. Tentative Parcel Map to subdivide the subject property into four lots, and create air space condominium subdivisions for the two office buildings. The three -story office building will subdivide air space for 34 medical and general office units, and the one-story medical office building will subdivide air space for 2 medical office units. 5. Development Review to approve the site and architectural design of a new commercial development to ensure consistency with the General Plan, Development Code, and compliance with all applicable design guidelines and standards. 6. Parking Permit to share access and parking between the proposed parcels. 7. Comprehensive Sign Program to establish design criteria for all signage associated with the proposed buildings. RECOMMENDATION: Forward a recommendation to the City Council to approve the proposed Project No. PL2017-169, based on the findings of fact, and subject to the conditions of approval contained in the attached Resolutions. Background Site Characteristics The Project site is on a 5.73 gross acre vacant parcel. The property previously operated as a recreational vehicle and boat storage use containing two on -site structures totaling approximately 2,232 square feet. These structures were demolished in June 2019. The site is primarily surrounded by existing single-family residential development to the north, east, and west, the SR-60 freeway to the south, and existing commercial development to the northwest. The SR-60 descending westbound off-ramp deck/structure is approximately 10-11 feet above the ground, and runs parallel to the site. The northerly and easterly residential properties are separated by a Los Angeles County Flood Control District channel, and the westerly residential properties are separated by Brea Canyon Road. 7.1.c Packet Pg. 69 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 3 of 27 The Project site is legally described as Lots 7 and 79 of Parcel Map No. 33069, and the Assessor’s Parcel Number (APN) is 8719-013-017. Site and Surrounding General Plan, Zoning and Land Uses The images below highlight the subject property: 7.1.c Packet Pg. 70 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 4 of 27 The following table lists the surrounding land uses located adjacent to the subject site. General Plan Designation Zoning District Land Use Site Professional Office I Vacant North General Commercial and Low-Medium Density Residential C-1 and RLM Fast Food Restaurant with Drive-Thru Lane and Single-Family Residences South N/A N/A SR-60 Freeway East Low-Medium Density Residential RLM Single-Family Residences West General Commercial and Low-Medium Density Residential C-1 and RLM Single-Family Residences Project Site Project Description The applicant is proposing to build a new commercial development consisting of a business park with a mix of hotel, professional and medical office uses. Several site plan scenarios with varying building placements, uses, and vehicular ci rculation and parking layouts were presented and evaluated between the applicant team and staff. After several iterations, the final site layout reflects input from City staff and consultants, and addresses residents’ concerns raised during a community meeting hosted by the applicant. 7.1.c Packet Pg. 71 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 5 of 27 Prior to the submittal of the application, staff arranged a meeting with the executives from Farmer Boys (corporate owner of the restaurant property to the north) and the applicant in an effort to provide shared access between the subject property and the Farmer Boys lot. Several concerns were raised, including the following: • A single drive approach on Brea Canyon Road would replace and be located to the south of the current Farmer Boys driveway location. Farmer Boys were n ot receptive to doing so. • There will be impacts to the on-site circulation such as removal of existing parking spaces, and the queuing in the drive -thru lane currently obstructs the driveway access on Lycoming Street. These impacts would require the relocation of the parking spaces and widening of the driveway on Lycoming Street, but site constraints would inhibit the ability to address these impacts. Because the challenges and constraints to connecting the two sites would be excessively burdensome for the neighboring property owners to overcome, the Project was designed to be a self-contained development. Please refer to the plans provided in Attachment G for the following discussion. Site Plan: The layout provides excellent visibility from the freeway while minimizing potential negative impacts to the residential homes to the north. The tallest buildings have been placed towards the south property line, farthest away from the residential properties to the north. Access to the site is provided via an unsignalized right-turn in and right-turn out driveway on Brea Canyon Road with parking areas centrally located for efficient parking and traffic circulation. Building entrances have been oriented towards parking areas for ease of access and wayfinding. Subdivision: The parcel will be subdivided into four lots to accommodate the following uses: • Four-story Hilton Hampton Inn and Suites hotel with 109-rooms; • Three-story professional office building with subdivision of air space for 34 medical and general office units; • One-story medical office building with subdivision of air space for two medical office units; and • Common lot for driveway access, parking, utility systems, and other areas to be owned in common by a property owners association. The office units will be sold as office condominiums governed by a separate condominium association. 7.1.c Packet Pg. 72 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 6 of 27 Grading: Grading activities include approximately 8,000 cubic yards of cut and 8,000 cubic yards of fill, which balances the site. Excavation will include c uts to remove undocumented fills, excavations for building foundations, and trenching for new utility lines. Undocumented fills and portions of the compressible natural soils will be removed and replaced with properly compacted fill. Parking: There are 289 parking spaces proposed to be provided on-site, of which 52 are compact spaces and allocated for employee parking. The applicant is requesting a parking permit to share driveway access and parking between the proposed lots within the development. Architecture: A contemporary architectural theme was chosen for the Project. The buildings are designed to incorporate principles of the modern architecture through simplicity of building form and avoidance of superfluous details. Facades are articulated, with changes in roof height, wall planes, window composition, wall materials and colors. The architectural articulation and visual quality of the street facades are continued on all sides of all buildings. Metal accents, wood cladding, stone veneer, glass and building colors will be consistent for all three buildings to provide a cohesive, unified design. The entrance/lobby area to the hotel building is accentuated by a white fiber cement siding panels with a cantilevered canopy at the building entrance, bringing this element down to a human scale. The tall glazed openings have mullions to break up the large glass panels, and wood laminate panels, stone veneer and reveals are added on the elevations to break up the flat walls. Rendering of Four-Story Hotel Building Facing Parking Lot 7.1.c Packet Pg. 73 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 7 of 27 Rendering of Three-Story Office Building Facing Parking Lot One-Story Medical Office Building Facing Parking Lot Building Height: The four-story hotel building is 64 feet to the top of the parapet; the three-story office building is approximately 55 feet to the top of the mechanical screen wall; and the one-story medical office building is 20 feet to the top of the parapet. Landscaping: There are 95 existing mature trees within the site, none of which are native or protected. According to the arborist report, five are dead and the other 90 are in poor condition due to drought stress, under-pruning, and poor pruning, so all 95 trees will be removed. A total of 221 new trees will be planted. The proposed conceptual landscape plan offers an extensive mix of trees, shrubs and groundcovers that provide variations in color, height and textures. The landscape will be enhanced by adding more trees, shrubs, and ground cover throughout the property. 7.1.c Packet Pg. 74 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 8 of 27 Nine 36-inch box London plane trees are proposed along the Project site entry, six 24-inch box Muskogee crape myrtle trees are proposed along the Brea Canyon Road street frontage, in addition to seven 24-inch box Australian willow street trees. Ten different species of trees being proposed. Southern live oak trees are proposed throughout the parking areas to associate the site with the landscape character of Diamond Bar. Although the existing trees located along the north property line, adjacent to the County flood control channel will be removed, the applicant will be planting a double row of 36-inch Mondell pine and Brisbane box trees to provide screening for the residences on Lycoming Street and Dryander Drive, located directly across the flood control channel. All other plant types proposed are non-invasive plant species. The majority of the plant palette consists of low water use plants, and is required to comply with the water-efficient landscape requirements, which will be verified during building plan check. The south property boundary will provide a variety of evergreen trees and shrubs to provide year-round screening and color. The proposed six-foot high block wall along the south property line will be smooth stuccoed and articulated with landscaped pockets with flowering vines planted every 50 feet to soften the hard wall surfaces when viewed from the public right-of-way. Additionally, the Caltrans owned and maintained slope directly adjacent to the southern boundary that runs parallel to the existing SR60 westbound offramp will be landscaped with a variety of shrubs and irrigated to provide an attractive visual statement from Brea Canyon Road. Currently, the area has very little vegetation and is not adequately maintained. The applicant is required to install the landscape improvements as specified in the conceptual landscape plans and maintain the area. The City will be entering into a landscape maintenance agreement with Caltrans and another agreement with the property owner requiring the landscaping in the Caltrans ROW to be installed and maintained by the property owner. Conceptual Landscape Plan N 7.1.c Packet Pg. 75 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 9 of 27 Caltrans ROW Slope Planting Area Streetscape Improvements: The Project’s frontage will incorporate the streetscape theme elements as a continuation of the enhancements completed at the corner of Diamond Bar Boulevard and Grand Avenue, with features such as street trees, decorative interlocking pavers and theme rails illustrated below: Conceptual Streetscape Improvement Plan N 7.1.c Packet Pg. 76 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 10 of 27 Signage: Detailed conceptual designs for all freestanding and building -mounted signs are provided in the Comprehensive Sign Program (Attachment F), specifying size, location, and design requirements that are appropriate to the scale and setbacks of the buildings. Further discussion is provided on pages 19 -20 of the staff report. ANALYSIS: Review Authority (Diamond Bar Municipal Code (DBMC) Sections 22.70, 22.32, 22.58, 21.20.080, 22.48, 22.30.050, and 22.36.060) As stated, the Project requires seven discretionary entitlement applications for review. Three entitlements (General Plan Amendment, Zone Change and Tentative Parcel Map) require City Council approval, and the other four entitlements (Conditional Use Permit, Development Review, Parking Permit and Comprehensive Sign Program) require Planning Commission approval. DBMC Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission’s role in this matter is to forward a recommendation to the City Council for the seven discretionary entitlements described below. The following analysis sets forth the foundation for the Findings of Fact contained in the attached resolutions. Together, the analysis and findings provide the basis for staff’s recommendation that the Planning Commission recommend approval of the Project and all of its components, subject to the conditions set forth in the approval resolutions. 7.1.c Packet Pg. 77 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 11 of 27 General Plan Amendment (DBMC Section 22.70) The General Plan Amendment is a request to change the land use designation from Professional Office (OP) to General Commercial (C). The City’s General Plan, adopted on July 25, 1995, is a long-range planning document developed as a comprehensive growth-management and community development strategy. It defines citywide policies that are achieved through subsequent community plans, ordinances, standards and guidelines, studies, capital improvements, economic development and other pertinent programs. The adopted policies of the General Plan guide the physical development pattern and promote the necessity of adequate public services and facilities. The General Plan is the controlling document. The preparation, adoption, implementation and maintenance of the General Plan aids in informing developers, citizens, decision-makers, and others of the rules that will guide development, and provide a basis for local government judgments. All land use decisions of the City have a direct correlation to the established goals and policies of the General Plan. The existing General Plan land use designation is Professional Office (OP), which allows for the establishment of office-based working environments for general, professional, and administrative offices, as well as support uses. The proposed land use designation is General Commercial (C), which provides for regional, freeway - oriented, and/or community retail and service commercial uses. Adjacent land use designations are General Commercial (C) and Low Medium Residential (RLM). Given the highly visible location adjacent to the freeway and its proximity to the freeway offramp providing additional exposure and convenient access to the traveling public, the land use designation is being changed to allow for a hotel use at this site. Staff believes that the proposed amendment represents a logical, appropriate and rational land use designation, which is consistent with the land use designations directly to the northwest. Relationship to the Comprehensive General Plan Update Although the City is currently in the process of updating the General Plan (which also proposes to redesignate the subject property to General Commercial). The Update has not yet been adopted by the City Council. As such, the Project must be consistent with the adopted 1995 General Plan, which requires the Land Use Map to be concurrently amended. Zone Change (DBMC Section 22.32) Zoning is the division of a city into districts and the prescription and application of different regulations in each district. These zoning regulations are generally divided into two classes: 1) those which regulate the height and bulk of buildings within certain designated districts, and 2) those which prescribe the use to which buildings within certain designated districts may be put. The purpose of zoning is the attainment of unity in the construction and development of a city, along reasonable regulations which tend to promote the health, safety and general welfare of the community. 7.1.c Packet Pg. 78 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 12 of 27 A Zone Change is being requested to change the zoning district from Light Industry (I) to Regional Commercial-Planned Development Overlay (C-3-PD). The existing zoning allows for light industrial/manufacturing uses including research and development, office-based industrial uses, business support services, and commercial uses requiring larger sites than are available in the commercial zoning districts. The existing zoning is also inconsistent with the current General Plan land use designation of OP. The proposed C-3 zoning district allows for large-scale commercial uses serving residents and businesses within the region including a broad spectrum of land uses, including retail stores, restaurants, hotels and offices, and will be consistent with the proposed General Plan land use designation of General Commercial (C). An overlay district constitutes a zoning tool to control and regulate the use of property. It can be used to stimulate development, encourage superior land uses, and promote high quality development. To promote and facilitate the orderly development of a prominent, freeway off-ramp adjacent site, the overlay district provides for flexibility in the site planning and design of the proposed Project. Conditional Use Permit (DBMC Section 22.58) A CUP is required for all development proposed on a site subject to a Planned Development Overlay district to allow for modifications to any of the City’s development standards including minimum lot area, setbacks, site coverage, floor area ratio, height limits, landscaping, or off-street parking. The proposed Project is requesting modifications as follows: • Exceed the building height limit to allow a 64’ high, four-story hotel and 55’-2” high, three-story office buildings (where 35 feet is the maximum allowed); • Reduce the parking requirement to allow 289 spaces (where 299 spaces are required); and • Deviate from the parking design standard by reducing the size of 53 parking spaces to 8’X16’ to allow for compact spaces (where 9’X19’ is required). The applicant initially proposed placing the hotel building alongside the northwestern portion of the lot—abutting the Farmer Boys drive-thru restaurant—along with the three- story office building and a drive-thru restaurant building adjacent to the flood control channel. The drive-thru restaurant building was eliminated due to the high parking demand and potential noise impacts to nearby residences, and replaced with a one - story medical office building requiring less parking and reduced hours of operation. Staff strongly recommended relocating the hotel and three-story office buildings to the southern boundary in order to push the buildings as far away from the existing residences across the flood control channel and alleviate any potential privacy and shade and shadow concerns from the height of the buildings. The modifications to the Project allow the buildings to be located closest to the south property line by allocating 7.1.c Packet Pg. 79 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 13 of 27 the floor areas vertically, share parking between the parcels, and utilize the rear portion of the parking lot with compact stalls. The Planned Development Overlay District allows for the modifications based on the site design and is deemed to be the best layout due to the size and configuration of the lot, while being mindful of existing residential uses. Tentative Parcel Map (DBMC Section 21.20.080) Pursuant to Section 66424 of the Subdivision Map Act, a Tentative Parcel Map is required for the subdivision of any units/parcels of improved land for the purpose of sale, lease or financing. A Tentative Parcel Map is requested to subdivide the lot into three separate parcels to allow each parcel to be sold off and separately owned and one parcel to be owned in common ; and to create a condominium subdivision of air space for two office buildings. A common lot will include the driveway access, internal circulation system, parking, open spaces, easements and utilities. The three -story office building will subdivide air space for 34 medical and general office units, and the one-story medical office building will subdivide air space for two medical office units. These properties will be governed by a property owners association and a property maintenance agreement to share the driveway access, parking, utility systems, and other areas to be owned in common by the association. The office buildings will be sold as office condominiums, governed by a condominium association. The proposed subdivision will result in four separate parcels and condominiums as listed below: Proposed Parcel Proposed Use Lot Size Condominium Parcel 1 Three-Story Office 17,237 sq. ft. 34 Units Parcel 2 One-Story Medical Office 9,642 sq. ft. 2 Units Parcel 3 Four-Story Hotel 21,982 sq. ft. - Parcel 4 Common Areas 200,161 sq. ft. - 249,022 sq. ft. (5.7 acres) 36 Units The Project is conditioned to submit Covenants, Conditions, and Restrictions (CC&Rs) that govern the four parcels as well as the condominium units within the office buildings, and is subject to review and approval by the Planning Division, Public W orks Department, and City Attorney prior to final map approval. Development Review (DBMC Section 22.48) The purpose of Development Review (DR) is to establish consistency with the General Plan through the promotion of high aesthetic and functional standa rds to complement and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living environment, and attracts the interest of residents and visitors as the result of consistent exemplary design. 7.1.c Packet Pg. 80 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 14 of 27 • Development Standards: The following table compares the proposed Project with the City’s development standards for commercial development in the C-3 zone: Development Feature Development Standards Proposed Meets Requirements Front Setback 10 feet landscaped 10 feet landscaped Yes Side Setbacks 10 feet 10’-6” – north side 20’ – south side Yes Rear Setback 10 feet 614 feet Yes Floor Area Ratio 1.0 0.48 Yes Building Height Limit 35 feet 64’ – four story hotel 55’-2” – three story office 20’ – one story medical Yes* Parking 299 spaces 289 spaces Yes** *The Planned Development Overlay District allows modifications to the building height limit. **The Planned Development Overlay District allows for modifications to the parking requirement. Additionally, the proposed Project will provide adequate parking by means of a shared parking arrangement with the proposed parcels. The conditions of approval require a reciprocal parking and access agreement to be recorded with the final map. The Project is comprised of three buildings and complies with the development standards in the C-3 zone with the exception of the modifications being requested. The Planned Development Overlay District allows for the modifications based on the site design and is deemed to be the best layout due to the size and configuration of the lot. • Architectural Features, Colors, and Material: The City’s Design Guidelines have been established to encourage a better compatible build ing and site design that improves the vital quality of the surrounding area through aesthetically pleasing site planning, building design, and architecture. In addition, a primary objective is to promote compatibility with adjacent uses to minimize any potential negative impacts. Notable elements of the project design which address the Citywide Design Guidelines include, among other things, the following: ➢ The exterior building design, including roof style, color, materials, architectural form and detailing is consistent on all elevations of each building to achieve 7.1.c Packet Pg. 81 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 15 of 27 design harmony and continuity within itself. Parapet walls are also treated as an integral part of the building design. ➢ Monotony of building design as well as busyness is avoided through variation in wall plane, roof line, detailing and materials. ➢ Articulation and accent colors for identity and visual interest are provided for the building entrances, and special accents such as decorative interlocking pavers and specimen trees are used to generate visual interest at entry points. ➢ Elements which transition to the human scale, particularly near the ground, are integral components of the building designs. ➢ Outdoor open spaces for each building are incorporated within the commercial center, creating a sense of community gathering places. ➢ Parking areas are screened from the street and adjacent residential properties with landscaping. Parking Permit (DBMC Section 22.30.050) Pursuant to DBMC Section 22.30.050 of the Development Code, where two or more commercial uses are developed as a professional center and those uses have distinct and differing peak parking usage periods, a reduction in the required number of parking spaces may be allowed through the approval of a parking permit, provided that t he most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the amount of spaces required for the least intensive of the two or more uses shar ing the parking. The applicant is requesting a Parking Permit because there is a technical deficit of 10 parking spaces overall, but all uses will share common parking areas. Because there is a deficit number of parking spaces when shared parking dynami cs are not factored in, staff required a parking study to analyze the parking demand through the application of a shared parking concept. The applicant submitted a parking study (Attachment E), prepared and signed by a licensed traffic engineer, that prov ides parking demand calculations based on survey data collected at a similar hotel site in conjunction with the Urban Land Institute’s Shared Parking (2 nd Edition) methodology. As stated, there are 289 spaces proposed on-site, of which 53 are compact spaces and are proposed to be allocated for employee parking. Based on the parking studies assessing the projected peak weekday parking demand of 261 spaces, there will be a surplus of 29 spaces; and the peak weekend parking demand totals 178 spaces, which results in a surplus of 111 spaces. An alternative assessment was done to ensure that adequate parking is provided using parking utilization data/surveys for the hotel component with the office uses, resulting in a surplus of 62 spaces on weekdays and 144 spaces on weekends. The proposed development will adequately meet the overall 7.1.c Packet Pg. 82 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 16 of 27 parking demand by providing 289 spaces for all parcels. To ensure that adequate parking is available for customers and employees of the Brea Canyon Business Center, a Parking Management Plan will be developed that identifies the proposed employee parking spaces and key management strategies such as short term/time restricted spaces to maximize the availability of parking for customers of the center. Parking Requirement Use Sq. Ft. Parking Ratio Parking Required* Parking Provided Proposed Hotel Building 109-Room Hotel 61,460 1 space for each guest room, plus 1 space for each 2 employees on largest shift, plus required spaces for accessory uses 120 Proposed Three-Story Office Building Medical Office 15,644 1/250 sq. ft. 63 Professional Office 31,998 1/400 sq. ft. 80 Total 47,642 143 Proposed One-Story Medical Office Building Medical Office 8,900 1/250 sq. ft. 36 Total for All Lots 299 289 *These are the parking spaces required per Code prior to factoring in the shared parking dynamics. The applicant is required to submit a reciprocal parking and access agreement governing the use and access of all common driveways, parking, and easement areas. The agreement will be reviewed and approved by the Planning Division and City Attorney’s Office prior to issuance of building permits. Traffic Impacts: Access to the Project site will be provided via a one right -turn in and right-turn out unsignalized driveway on Brea Canyon Road. A raised landscaped central median will be constructed along Brea Canyon Road in order to prevent vehicles from turning left to exit the Project site, as well as those traveling southbound along Brea Canyon Road from turning left into the Project site. Other traffic improvements include the following: • Restriping of the northbound approach to westbound Lycoming Street along Brea Canyon Road to the north of the Project’s driveway to provide an additional exclusive westbound left-turn lane. • Restriping of the existing eastbound Lycoming Street shared left/through/right turn lane to provide an exclusive left-turn lane and shared through/right-turn lane. 7.1.c Packet Pg. 83 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 17 of 27 • Restriping of the existing westbound Lycoming Street to accommodate two receiving lanes due to the addition of a second exclusive westbound left-turn lane. The existing roadway condition at the intersection of Brea Canyon Road at Lycoming Street is currently operating at an acceptable level of service in the AM peak hours (LOS D) and an unacceptable level of service in the PM peak hours (LOS E). The proposed Project significantly impacts this intersection of Brea Canyon Road at Lycoming Street, operating at an unacceptable level of service (LOS E in the AM peak hours and LOS F in the PM peak hours). However, the implementation of traffic improvements at the intersection will offset the Project increment and result in an acceptable level of service in the AM and PM peak hours (LOS D). 7.1.c Packet Pg. 84 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 18 of 27 Traffic Improvements 7.1.c Packet Pg. 85 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 19 of 27 Comprehensive Sign Program (DBMC Section 22.36.060) The Development Code requires a Comprehensive Sign Program (CSP) for multitenant developments of three or more separate tenants. The intent of a CSP “is to integrate a project's signs with the design of the structures to achieve a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations for multitenant projects and other users of multiple signs in order to encourage creativity and provide incentive and latitude in the provision of multiple signs and to achieve, not circumvent, the intent of (the Sign Ordinance)” [DBMC Section 22.36.060(a)]. The proposed CSP is included in Attachment F. Detailed conceptual designs for all signs are included and specified below. The criteria are tailored to ensure that the proposed signage is appropriate to the Project. The applicant is proposing four wall signs for each elevation of the hotel building and one wall sign for the one -story office building. A 10-foot high freestanding monument sign is proposed at the Project entry, and smaller freestanding monument signs are proposed in front of the office buildings. The proposed sign criteria require that the proposed signs be reviewed as part of the design review of the building as to size, sign area, and their proportion to the building. The following is a detailed description of each proposed sign and the analysis of its placement and sign area. Proposed Signage Sign Type Location Quantity Sign Area Height Meets Require- ments Wall Signs Hotel – All Elevations 4 Front/Rear: 124.75 Sq. Ft. Side: 63.75 Sq. Ft. Front: 3’-10” Rear: 3’-3” Side: 2’-9” Yes One-Story Medical Office Building - South Front Elevation 1 Maximum 52 Sq. Ft. 2’-2” Yes Project Identification Monument Sign Project Entrance on Brea Canyon Road 1 70.5 Sq. Ft. 10’ Yes Freestanding Monument Sign for Three Story Office Building In Front of Building 1 20 Sq. Ft. 4’-6” Yes Freestanding Monument Sign for One-Story Office In Front of Building 1 7 Sq. Ft. 3’-6” Yes 7.1.c Packet Pg. 86 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 20 of 27 The proposed CSP satisfies the purpose and intent of the Development Code by integrating the signage with the design of the building and having specific size, location, and design requirements for freestanding and building-mounted signs. The CSP enhances the overall development by providing size criteria for wall and monument signs that are appropriate to the scale and setbacks of the buildings, and are placed so that they respect and harmonize with the architectural elements onto which they will be mounted or constructed. All text, graphics and logos will be individually fabricated in accordance with the tenants’ branding specifications, and no generic letter styles or sign cabinets with interchangeable sign panels will be allowed. Compatibility with Neighborhood Community Meeting The applicant held a community meeting on February 22, 2018. Notices were mailed to property owners within a 700-foot radius of the Project site. There were approximate ly 30 residents in attendance. The following concerns and comments were raised at the meeting: • Traffic Impacts: New development will generate additional traffic in the area; vehicles will stack up on northbound Brea Canyon Road to make a U -turn on Lycoming Street since a left turn will not be allowed from the Project site; and tour buses will use the parking lot or will drop off tourists on Brea Canyon Road causing more traffic in the area. • The height of the buildings will create privacy issues such a s views into the rear yards and bedroom windows of the residential homes to the north. • The proposed buildings will block sunlight and cast shadows onto the properties to the north and east. • There will be additional gas emissions and noise generated from the development and will affect the children and school across the street. • The parking lot will be a truck stop. • The development will attract prostitution and homeless. 7.1.c Packet Pg. 87 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 21 of 27 The site is primarily surrounded by existing single-family residential development to the north, east, and west, the 60 freeway to the south, and existing commercial development to the northwest. The northerly and easterly residential properties are separated by a 50-foot wide Los Angeles County flood control easement and the westerly residential properties are separated by Brea Canyon Road. Aerial View Looking South Visual Impact: The freeway mainline is located approximately 30 feet higher than the Project site. With the heights of the hotel and three -story office buildings and the placement of these buildings along the southern boundary, a portion of the freeway will be screened from a number of existing homes along the westerly segments of Dryander Drive and portions of Lycoming Street west of Dryander Drive. Noise: Although the freeway noise will continue to radiate over and around the hotel and the three-story office buildings, the proposed buildings will attenuate some of the existing ambient noise. Privacy and Visual Screening: Previous site layouts proposed placing the hotel building alongside the northwestern portion of the lot—abutting the Farmer Boys drive-thru restaurant—along with the three-story office building adjacent to the flood control channel. A shade and shadow study was conducted on the previous layout s. The three-story office building created shadow impacts onto nearby residential properties. In order to avoid or minimize potential visual intrusion and the proposed buildings casting shadows on the nearby residential properties and respond to the conc erns raised at the community meeting, the placement of the hotel and three -story office 7.1.c Packet Pg. 88 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 22 of 27 buildings were relocated to the southern boundary of the lot, away from the nearby residential homes to avoid such impacts. At its nearest location, the hotel building will be located approximately 246 feet away from the nearest single-family home, and the three-story office building will be located approximately 132 feet away. The windows are inoperable and no exterior walkways or balconies are provided on either building. The Project is designed to minimize the negative impacts on the surrounding homes to the north. The perimeter of the site is appropriately screened with landscaped buffering on all sides. Although the existing trees located along the north property line, adjacent to the County flood control channel will be removed, the applicant will be installing a landscaped buffer area with large 36-inch box, double row of large canopy trees to provide screening for the residential homes on Lycoming Street and Dryander Drive, located directly across the flood control channel. Section views below illustrate an individual standing on the fourth floor of the hotel building looking north into the rear yard areas of the homes along Lycoming Street, as well another section illustrating an individual standing on the third floor of the three-story office building looking north toward homes along Dryander Drive. Given the distance and the planting of double row of large canopy trees, the views will be obstructed. Plan View Showing Location of Section Drawings N 7.1.c Packet Pg. 89 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 23 of 27 7.1.c Packet Pg. 90 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 24 of 27 Shade and Shadow Impacts: Due to the height of the four-story hotel and three-story office buildings, staff required a shade and shadow study to analyze the shadows cast onto residential properties to the north. The analysis illustrated that there were no shadows cast by the proposed Project onto nearby residential properties, with the exception of three residences located along Dryander Drive. The front yard areas of two residences and the side yard of one residence appear to have shadows cast in the month of December, but the roof areas where solar systems could be placed are not impacted. An illustration of the worst-case scenario is presented below, during the winter solstice where the sun is lower in the sky and shadows are at their maximum lengths. Additionally, the corner property located on Dryander Drive already has shadows cast in the side yard by existing tall Italian cypress trees located along the south property line. Shade and Shadow in the Month of December (Winter Solstice) Corner Property on Dryander Drive N N 7.1.c Packet Pg. 91 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 25 of 27 Project Benefits The Project will allow for the productive use of an underutilized property, introduces a land use that will generate local tax revenue (specifically hotel transient occ upancy tax) and increase property tax revenue for the benefit of the City and its constituents to provide better support public services and facilities, and provide additional employment opportunities to the area’s existing labor force, thereby improving the City’s jobs/housing balance. The Project is also consistent with the City Council’s 2017 -2020 Strategic Plan, most notably the Safe, Sustainable and Healthy Community goal to “(s)ecure a development agreement for a new hotel project.” The neighborhood will also benefit from improvements from this Project, some of which include: • Traffic improvements on Brea Canyon Road to improve traffic flow in the area. • Attractive streetscape improvements along the Project frontage. • High-quality architecture and significant landscape improvements, including the planting of 221 new trees (a net increase of 131 trees). • Streetscape improvements to expand the City’s streetscape beautification program. • Upgrade the Caltrans offramp with landscaping, and thus enhancing one of the entry points to the City. Additional Review The Public Works/Engineering Department and Building and Safety Division, as well as the County of Los Angeles Fire Department reviewed this Project and included their comments in the attached resolutions as conditions of approval. ENVIRONMENTAL ASSESSMENT: This Project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City prepared an Initial Study and filed a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) for the Project with the Office of Planning and Research and the Los Angeles County Clerk on September 19, 2019. The notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers (see Exhibit A of Attachment A). The notice was also mailed to public agencies and residents who attended the community meeting. Pursuant to CEQA Section 15105, a 30-day public review period for the MND began on September 20, 2019, and ended October 19, 2019. The Initial Study is a preliminary analysis to determine whether or not a Negative Declaration, Mitigated Negative Declaration, or Environmental Impact Report (EIR) is 7.1.c Packet Pg. 92 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 26 of 27 needed for a project. If the Initial Study concludes that the proposed Project will not significantly affect the environment, a Negative Declaration may be prepared. If there are potential impacts from the proposed Project that can be mitigated to a level of less than significant, a Mitigated Negative Declaration may be prepared. The Initial Study concluded that the Project will not significantly affect the environment through the incorporation of 22 mitigation measures, and as the result of previous revisions to the proposed Project which were agreed to by the applicant to mitigate other potential impacts. An MND is a written document that describes the reasons that the Project will not have a significant effect on the environment by properly conditioning the Project (“mitigation measures”) to make the Project acceptable. It is used to guide and assist the City staff, Planning Commission, City Council, and the public in the consideration and evaluation of potential environmental impacts that may result from the Project and must be considered by the Commission prior to recommending approval of the Project. The MND for the Project, documents reasons to support the findings that the Project would not have any potentially significant impacts on the environment with the proposed mitigation measures which are contained with the Mitigation Reporting and Monitoring Program (MRMP) prepared as part of the MND. The purpose of the MRMP is to ensure compliance with the mitigation measures, address site-specific conditions for the Project, and also identifies timing and responsibility fo r monitoring each measure and is attached to the Resolution recommending adoption of the MND (Exhibit B of Attachment A). The Project is conditioned to include these mitigation measures as part of Project approval. Cultural Resources Senate Bill 18 and Assembly Bill 52 – Tribal Consultation: SB18 and AB52 requires notification/request for tribal consultation for projects. SB18 applies when amending a general plan land use designation, and AB52 applies to projects subject to CEQA. A notification list was obtained from the Native American Heritage Commission and the City sent notices to the Tribes informing them of the opportunity to request consultation on July 24, 2019. On July 30, 2019, the City received a letter from the Gabrieleño Band of Mission Indians (Kizh Nation), indicating that the Project area lies in an area where the ancestral territories of the Kizh (Kitc) Gabrieleño villages adjoined and overlapped. On August 5, 2019, the City also received a letter from the Gabrielino -Tongva Tribe indicating ancestral ties and cultural affiliation to the Project area. In accordance with the request by the tribes, a mitigation measure was added requiring the applicant to retain a culturally-affiliated Native American monitor to observe earthmoving activities for the purpose of identifying the potential presence of any significant historic or prehistoric cultural resources. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site on October 17, 2019, and to the residents who attended the community 7.1.c Packet Pg. 93 Brea Canyon Business Park Project - Planning Case No. PL2017-169 Page 27 of 27 meeting. The notice was also published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on October 18, 2019. The Project site was posted with a notice display board, and a copy of the public notice was posted at the City’s four designated community posting sites. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2019-XX (Recommending Approval of MND) B. Draft Resolution No. 2019-XX (Recommending Approval of GPA and ZC) C. Draft Resolution No. 2019-XX (Recommending Approval of CUP, TPM, DR, PP and CSP) and Standard Conditions of Approval D. Traffic Impact Analysis Dated August 23, 2019 E. Parking Demand Analysis Dated January 25, 2019 F. Planned Sign Program Dated June 6, 2019 G. Site, Architectural, Conceptual Grading and Landscape Plans, and Tentative Parcel Map 7.1.c Packet Pg. 94 INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION 2021 PROPOSED REVISED BREA CANYON BUSINESS PARK 850 Brea Canyon Road Diamond Bar, California 91789 PL 2017-169 Tentative Parcel Map Conditional Use Permit Development Review Comprehensive Sign Program Shared Parking Permit Lead Agency: City of Diamond Bar Community Development Department 21810 Copley Drive Diamond Bar, California 91765 April 2022 7.1.d Packet Pg. 95 This page left intentionally blank. 7.1.d Packet Pg. 96 INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION 2021 PROPOSED REVISED BREA CANYON BUSINESS PARK 850 Brea Canyon Road Diamond Bar, California 91789 PL 2017-169 Tentative Parcel Map Conditional Use Permit Development Review Comprehensive Sign Program Shared Parking Permit Lead Agency: City of Diamond Bar Community Development Department 21810 Copley Drive Diamond Bar, California 91765 (909) 839-7032 CEQA Consultant: Environmental Impact Sciences 26051 Via Concha Mission Viejo, California 92691 (9949) 837-1195 Applicant: Lycoming, LLC 17777 Center Court Drive, Suite 725 Cerritos, California 90703 (626) 384-5000 April 2022 7.1.d Packet Pg. 97 This page left intentionally blank. 7.1.d Packet Pg. 98 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page i Table of Contents List of Sections Section Page List of Sections ................................................................................................................. i List of Tables ................................................................................................................... ii List of Figures .................................................................................................................. ii Acronyms and Abbreviations .......................................................................................... iii 1.0 Introduction ................................................................................................................... 1 1.1 Introduction .......................................................................................................... 1 Summary ............................................................................................................. 1 2019 Approved BCBP/MND ................................................................................. 1 2021 Proposed Revised BCBP ............................................................................ 4 1.2 California Environmental Quality Act .................................................................... 5 2.0 Revised Project Description ......................................................................................... 7 Construction ......................................................................................................... 7 Operations ........................................................................................................... 8 Adopted/Revised/Proposed Mitigation Measures ............................................... 10 3.0 Environmental Analysis .............................................................................................. 17 3.1 Aesthetics .......................................................................................................... 17 3.2 Agricultural Resources ....................................................................................... 21 3.3 Air Quality .......................................................................................................... 23 3.4 Biological Resources ......................................................................................... 33 3.5 Cultural Resources ............................................................................................ 35 3.6 Energy ............................................................................................................... 38 3.7 Geology and Soils .............................................................................................. 40 3.8 Greenhouse Gas Emissions .............................................................................. 43 3.9 Hazards and Hazardous Materials ..................................................................... 52 3.10 Hydrology and Water Quality ............................................................................. 57 3.11 Land Use and Planning ...................................................................................... 62 3.12 Mineral Resources ............................................................................................. 73 3.13 Noise ................................................................................................................. 73 3.14 Population and Housing ..................................................................................... 82 3.15 Public Services .................................................................................................. 84 3.16 Recreation ......................................................................................................... 86 3.17 Transportation .................................................................................................... 87 Vehicle Miles Traveled Analysis ......................................................................... 91 Queuing Capacity Analysis ................................................................................ 95 Alternative Modes of Transportation ................................................................ 105 3.18 Tribal Consultation ........................................................................................... 110 3.19 Utilities and Service Systems ........................................................................... 112 3.20 Wildfires ........................................................................................................... 117 3.21 Mandatory Findings of Significance ................................................................. 119 4.0 Conclusion ................................................................................................................. 120 5.0 Preliminary CEQA Findings ...................................................................................... 120 6.0 References ................................................................................................................. 121 7.1.d Packet Pg. 99 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page ii Addendum Table of Contents (Continued) List of Tables Table A-1 Comparative Development Analysis - 2019 Approved BCBP and 2021 Proposed Revised BCBP (September 8, 2021) (2 pages)..................................... 11 A-2 2021 Proposed Revised BCBP - Adopted/Revised/Proposed Mitigation Measures (5 sheets) ...................................................................................... 13 A-3 2021 Proposed Revised BCBP – Projected Operational Criteria Emissions .................. 26 A-4 2021 Proposed Revised BCBP - Preliminary Consistency Analysis - Applicable 2040 Climate Action Plan Goals and Policies (September 8, 2021) (4 pages) ............... 46 A-5 2021 Proposed Revised BCBP - 2040 Climate Action Plan GHG Reduction Measures (September 8, 2021) (2 pages) ........................................... 51 A-6 2021 Proposed Revised BCBP - Preliminary Consistency Analysis - Applicable 2040 General Plan Goals and Policies (September 8, 2021) (7 pages) ......................... 64 A-7 2021 Proposed Revised BCBP - On-Site Noise Level Measurements (July 24, 2019) ............................................................................................................... 76 A-8 Maximum Estimated Noise Levels from Parking Lot Activities ....................................... 77 A-9 Brea Canyon Road/Lycoming Street Intersection and Project Driveway Queuing Analyses ......................................................................................................... 96 A-10 “Drive-Thru Restaurant” Study - Speed of Service (2021) .............................................. 99 A-11 Summary of “Drive-Thru Restaurant” Service Lane - Queuing Observations at Four Existing Chick-Fil-A Restaurants ......................................................................... 101 A-12 Variable “Drive-Thru” Lane Queuing Demand Based on Restaurant Square Footage . 105 List of Figures Figure Page A-1 2021 Proposed Revised BCBP - Queuing Analysis at Project Driveway ........................ 97 A-2 2021 Proposed Revised BCBP – Proposed “Fast-Food Restaurant” Drive-Thru Queuing Capacity Diagram ..............................................................................................104 A-3 Foothill Transit – Existing Bus Routes 482/495 ............................................................ 106 A-4 2040 General Plan/CAP – Portion of Citywide Bicycle Network ................................... 108 A-5 Proposed Trash Enclosures (September 8, 2021) ....................................................... 116 A-6 Very High Fire Hazard Severity Zones – Diamond Bar (September 2011) ................... 119 7.1.d Packet Pg. 100 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page iii Table of Contents (Continued) Acronyms and Abbreviations Symbols # number ¶ paragraph % percent § Section µ mean service rate λ mean flow rate Numbers 1992 General Plan/FPEIR Final Environmental Impact Report for the City of Diamond Bar General Plan, SCH No. 91041083 1995 General Plan/FPEIR/Addendum City of Diamond Bar General Plan, SCH No. 91041083 1995/2013/2014 General Plan City of Diamond Bar General Plan (July 25, 1995, as amended on September 3, 2013 and January 21, 2014) Amended 2012 MS4 Permit Order No. R4-2012-0175 (NPDES Permit No. CAS004001) 2013-2021 Housing Element City of Diamond Bar Housing Element Update 2013-2021 2016 BEES Building Energy Efficiency Standards for Residential and Nonresidential Buildings, 2016 Edition (Title 24, Part 6, CCR) (June 2015) 2016 RTP/SCS 2016-2040 Regional Transportation Plan/Sustainable Communities Strategy: A Plan for Mobility, Accessibility, Sustainability and a High Quality of Life (April 7, 2016) 2017 Development Application Lycoming, LLC Development Application (December 4, 2017) 2019 Approved BCBP Approved Brea Canyon Business Park Project (November 10, 2019) 2019 Approved BCBP/ESA Phase I Environmental Assessment Report – 850 Brea Canyon Road (APN 8719-013-017), Walnut, CA 91789” (January 26, 2018) 2019 Approved BCBP/MND Adopted Mitigated Negative Declaration for the Brea Canyon Business Park: 859 Brea Canyon Road, Diamond Bar, California 2019 Approved BCBP/MND/MRMP Adopted Mitigated Negative Declaration for the Brea Canyon Business Park: 859 Brea Canyon Road, Diamond Bar, California – Mitigation Reporting and Monitoring Program (November 19, 2019) 2019 Approved BCBP/PDA Revised Parking Demand Analysis for Brea Canyon Business Park, Diamond Bar, California (January 25, 2019) 2019 Approved BCBP/TIA Traffic Impact Analysis Report for Brea Canyon Business Center (August 23, 2019) 2019 CalGreen California Green Building Standards, 2019 Edition (24 CCR Part 11) 2019 CBC California Building Code, 2019 Edition (Title 24, Part 2) 2019 CEC Building Energy Efficiency Standards for Residential and Nonresidential Buildings, 2019 Edition (24 CCR Part 6) 2019 CFC California Fire Code, 2019 Edition (Title 24, Part 9) 2019-nCoV 2019 Novel Coronavirus 2019 Development Application Lycoming, LLC Development Application (August 20, 2019) 2020 Transportation Study Guidelines City of Diamond Bar Transportation Study Guidelines for Vehicle Miles Traveled and Level of Service Assessment (September 2020) 2021 Development Application Lycoming, LLC Development Application (May 20, 2021) 2021 Proposed Revised BCBP proposed revised Brea Canyon Business Park 2021 Proposed Revised BCBP/Addendum Addendum No. 1 to the Mitigated Negative Declaration – Brea Canyon Business Park: 850 Brea Canyon Road, Diamond Bar, California 2021 Proposed Revised BCBP/ Addendum/MRMP Addendum No. 1 to the Mitigated Negative Declaration – Brea Canyon Business Park: 850 Brea Canyon Road, Diamond Bar, California Mitigation Monitoring & Reporting Program 2021 Proposed Revised BCBP/PDA Revised Parking Demand Analysis Addendum for Brea Canyon Business Center, Diamond Bar, California (April 23, 2021, September 20, 2021, January 10, 2022) 2021 Proposed Revised BCBP/PMP Revised Parking Management Plan – Brea Canyon Business Center, Diamond Bar, California (January 17, 2020, September 20, 2021, January 10, 2022) 7.1.d Packet Pg. 101 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page iv Addendum Table of Contents Acronyms and Abbreviations (Continued) Numbers (Continued) 2021 Proposed Revised BCBP/TIA Revised Traffic Impact Analysis Report Addendum – Brea Canyon Business Center, Diamond Bar, California (August 6, 2021, November 4, 2021, January 13, 2022) 2021 Proposed Revised BCBP/VMT Brea Canyon Business Center, Diamond Bar, Vehicle Miles Travelled Analysis (September 16, 2021) 2040 CAP City of Diamond Bar Climate Action Plan 2040 General Plan/CAP City of Diamond Bar General Plan 2040 (December 17, 2019) 2040 General Plan/CAP/FPEIR Final Environmental Impact Report – City of Diamond Bar General Plan 2040 and Climate Action Plan 2040, SCH No. 2018051066 2040 General Plan/CAP/FPEIR/Findings Final Environmental Impact Report, State Clearinghouse No. 2018051066 Findings of Fact and Statement of Overriding Considerations 2040 General Plan/CAP/FPEIR/MRMP Mitigation Monitoring & Reporting Program - City of Diamond Bar General Plan 2040 and Climate Action Plan 2040 Environmental Impact Report, SCH No. 2018051066 Letters A AAA Automobile Club of America AAHOA Asian American Hotel Owners Association AB Assembly Bill ABC California Department of Alcoholic Beverage Control ADT average daily trips AEC architecture, engineering, and construction AHLA American Hotel and Lodging Association AIA American Institute of Architects AirID airborne infectious diseases AM ante meridiem (morning) Applicant Lycoming, LLC ASHRAE American Society of Heating, Refrigeration and Air Conditioning Engineer ASM American Society for Microbiology ATD aerosol transmissible diseases ATMs automatic teller machines ATPs-L aerosol transmissible pathogens – laboratory AVC automatic volume control B BAAQMD Bay Area Air Quality Management District Basin Plan Water Quality Control Plan, Los Angeles Basin (1994) BCBP Brea Canyon Business Park BE built environment BMPs Best Management Practices BOH back-of-house BOPIS buy online, pickup in store BSC Building Standards Commission BSL biosafety level BUG backlight, uplight, and glare C C General Commercial C-3 Regional Commercial C-3-PD Regional Commercial-Planned Development Overlay CalEEMod California Emissions Estimator Model® CalFire California Department of Forestry and Fire Protection Caltrans California Department of Transportation Cal/OSHA California Department of Industrial Relations-Division of Occupational Safety and Health CalRecycle California Department of Resources Recycling and Recovery CAP Climate action Plan CBD central business district CBSC California Building Standards Commission 7.1.d Packet Pg. 102 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page v Table of Contents Acronyms and Abbreviations (Continued) C (Continued) CCR California Code of Regulations CDLRP California Department of Conservation-Division of Land Resources Protection CDPH California Department of Public Health CEC California Energy Commission CEQA California Environmental Quality Act CFR Code of Federal Regulations cfs cubic feet/second CGC California Government Code CHRIS-SCCIC California Historical Resources Information System South Central Coastal Information Center at the California State University, Fullerton City City of Diamond Bar Citywide Design Guidelines City of Diamond Bar Citywide Design Guidelines (1998) CMB concrete masonry block CNRA California Natural Resources Agency Commission Planning Commission Council City Council County Los Angeles County COVID-19 noval coronavirus CoVs zoonotic coronaviruses CPP COVID-19 Prevention Program CPUC California Public Utilities Commission CRFC California Retail Food Code CUP conditional use permit CWC California Water Code D DBMC City of Diamond Bar Municipal Code DCV demand-controlled ventilation Department Community Development Department Departments Community Development Department and Department of Public Works Development Code Title 22, DBMC DOC California Department of Conservation E EIR environmental impact report ETS emergency temporary standard ETS Emergency Temporary Standards to Protect Workers from COVID-19 EVs electric vehicles EV/CA/CP electric vehicle capable/carpool EVCS electrical vehicle charging stations EVD Ebola virus disease F F&B food and beverage FAR floor area ratio FCR fast-casual restaurant FDA Food and Drug Administration FHSZs Fire Hazard Severity Zones FMMP Farmland Mapping and Protection Program FOH front-of-house FR Federal Register FSR full-service restaurant G GFA gross floor area GHG greenhouse gas GLA gross leasable area Gov. Code California Government Code GPA general plan amendment 7.1.d Packet Pg. 103 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page vi Addendum Table of Contents Acronyms and Abbreviations (Continued) G (Continued) GSF gross square feet H h time headway H&SC California Health and Safety Code HEPA high-efficiency particulate air HQTA high-quality transit area HVAC heating, ventilation, and air conditioning I I Light Industry IAQ indoor air quality ICC International Code Council ICSC International Council on Shopping Centers ICTV International Committee on Taxonomy of Viruses IMC Integrated Marketing Communications IMFs Important Farmland Maps IRTA Institute for Technical Research Assistance ITE Institute of Transportation Engineers ITE Guide to SB 743 Institute of Transportation Engineers Guide to SB 743 – The Transition from Level of Service to Vehicle Miles Traveled for CEQA Transportation Analysis (April 2021) J JLL Jones Lang LaSalle IP, Inc. K kSF thousand square feet L LACDPH Los Angeles County Department of Public Health LACFCD Los Angeles County Flood Control District LARWQCB California Regional Water Quality Control Board, Los Angeles Region Lead Agency City of Diamond Bar LF linear feet LID low impact development LLC limited liability corporation LLG Linscott Law & Greenspan LOS level of service LRAs Local Responsibility Areas LUC land-use code (Institute of Transportation Engineers) M MCUP minor conditional use permit MEP maximum extent practicable MERS Middle East respiratory syndrome MERV Minimum Efficiency Reporting Value MLD Most Likely Descendent MM mitigation measure MND mitigated negative declaration MS4 municipal separate storm sewer system MTCO2e metric tons of carbon dioxide equivalent Mtons/year metric tons per year MUP minor conditional use permit MXD mixed-use development N NAHC California Native American Heritage Commission NAICS North American Industry Classification System NCBI National Center for Biotechnical Information NCHRP National Cooperative Highway Research Program 7.1.d Packet Pg. 104 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page vii Table of Contents Acronyms and Abbreviations (Continued) N (Continued) ND negative declaration No. number NPA National Parking Association NPDES National Pollutant Discharge Elimination System NRA National Retail Association or National Restaurant Association NRF National Retail Federation NRCS Natural Resources Conservation Service NYDEP New York City Department of Environmental Protection O OA organic aerosol OMB Executive Office of the President - Office of Management and Budget OMCP odor management and control plan OP Professional Office OPM United States Office of Personnel Management OPR Office of the Governor - Office of Planning and Research OSP California State Parks - Office of Historic Preservation OSHA United States Department of Labor - Occupational Safety and Health Administration OSH Act Occupational Safety and Health Act of 1970 (29 USC 651 et seq.) OSHPD Office of Statewide Health and Planning and Development (CDPH) OSHSF Occupational Safety and Health Standards Board P PACs portable air cleaners PAR Proposed Amended Rule PD Planned Development PDM parking demand management PD 1445 Diamond Bar Creek PDS programmable display signs Phase 1 ESA Phase I Environmental Assessment Report – 850 Brea Canyon Road (APN 8719-013-017), Walnut, CA 91789 (January 26, 2018) PHSMs public health and social measures PHTR public health travel restrictions P.L. Public Law PLOS Public Library of Science PM post meridiem (evening) or particulate matter or parking management PM 82066 Parcel Map No. 82066 PMM programmatic mitigation measure POS point-of-sale pp. pages PRC Public Resources Code PSR-LA Physicians for Social Responsibility-Los Angeles Q QSR quick service restaurant R REITs real estate investment trusts R&TC California Revenue and Tax Code RV recreational vehicle S SARS-CoV-2 severe acute respiratory syndrome coronavirus 2 SB Senate Bill SCAQMD South Coast Air Quality Management District SCH State Clearinghouse SCRRA Southern California Regional Rail Authority SEA Significant Ecological Area Secretary Secretary of Labor 7.1.d Packet Pg. 105 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page viii Addendum Table of Contents Acronyms and Abbreviations (Continued) S (Continued) SIC Standard Industrial Classifications SF square feet SLCP short-lived climate pollutants SMA Subdivision Map Act SOA secondary organic aerosol SOVs single-occupant vehicles SRAs State Responsibility Areas SR-60 Freeway Pomona Freeway State State of California State CEQA Guidelines Guidelines for the Implementation of the California Environmental Quality Act STR Smith Travel Research SWQDv Stormwater Quality Design Volume T TDM transportation demand management TGM Trip Generation Manual TIP Transportation Improvement Program TPA transit priority area TPM tentative parcel map TPM 82066 Tentative Parcel Map No. 82066 U UFCs under-fired charbroilers ULI Urban Land Institute UN United Nations U.S. United States USC United States Code USDA United States Department of Agriculture UV ultraviolet UVGI ultraviolet germicidal irradiation V v. versus VHFHSZs Very High Fire Hazard Severity Zones VMT vehicle miles traveled VOC variants of concern or volatile organic compounds VOHC variants of high consequent VOI variants of interest VVS Valley Vista Services W WFH work-from-home WHO World Health Organization WM Waste Management WVWD Walnut Valley Water District Z ZC zone change 7.1.d Packet Pg. 106 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 1 1.1 Introduction Summary The City previously approved an application to develop the project known as the “Brea Canyon Business Park” (BCBP). The previously approved project called for a 109-room, four-story, hotel, a 47,642 gross square-foot, three-story, office building, and an 8,900 gross square-foot, single- story, medical office building on a 5.7-acre vacant parcel located on the east side of south Brea Canyon Road between Lycoming Street and the Pomona (SR-60) freeway. The potential environmental impacts of that project were analyzed in an “Initial Study” and a “Mitigated Negative Declaration” (MND) was prepared. On November 19, 2019, the MND was adopted and the development application was approved. A “Notice of Determination” was filed and posted on November 20, 2019. No California Environmental Quality Act (CEQA) challenge was filed. Lycoming, LLC (Applicant) has now proposed revisions to the previously approved project. Generally, these changes call for:  The replacement of the 8,900 gross square-foot, single-story, medical building with a 6,500 gross square-foot, single-story, commercial building to accommodate a drive-through restaurant and up to two (2) future retail or fast-food tenants;  An outdoor dining area for the “retail/restaurant” building;  The addition of 15 hotel rooms (for a new total of 124 hotel rooms);  The addition of southbound left-turn pocket on Brea Canyon Road to accommodate a left turn-in access to the project; and  The refurbishment of an existing 65-foot pylon sign. Pursuant to Section 21166 of the Public Resources Code (PRC) and Section 15162 of the State Guidelines for the California Environmental Quality Act (State CEQA Guidelines), the City analyzed whether those revisions would result in new significant impacts or a substantial increase in severity of previously identified impacts. Based on the City’s analysis, no subsequent EIR, supplemental EIR, or subsequent mitigated negative declaration is required. As a result, the City’s analysis and conclusions are documented in this “Addendum” (Section 15164, State CEQA Guidelines). 2019 Approved BCBP/MND On December 4, 2017, the Applicant, representing the property owner (Brea Canyon Co, LLC) of an approximately 5.73-acre (249,022 gross square feet) site (850 S. Brea Canyon Road, Diamond Bar, California 91789), submitted a development application for a 117,500 gross square-foot (GSF),1 3-building, private development project, including retail/fast food, hotel, medical and general office uses (2017 Development Application), in the City. Filing fees were collected by the City of Diamond Bar (City or Lead Agency) on December 6, 2017). Upon receipt, discussions concerning the then proposed project commenced with City staff. In response, on August 20, 2019, the Applicant submitted an updated development application comprised of three buildings, including a 4-story hotel, a 3-story medical/general office building, 1/ Except where explicitly noted, the terms “gross square feet” (GSF) and “square feet” (SF) are used interchangeably herein. 1.0 INTRODUCTION 7.1.d Packet Pg. 107 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 2 Addendum and a one-story medical office building, totaling 118,471 GSF. Absent therefrom was any retail commercial and/or restaurant-related land uses. The Applicant’s August 20, 2019 development application (2019 Development Application) identified the proposed development as the “Brea Canyon Business Park” (BCBP) and included requests for a number of City-issued discretionary actions, including, but not limited to, an amendment to the City’s existing general plan (GPA), zone change (ZC), “tentative” parcel map, conditional use permit (CUP), “shared-parking” permit, and comprehensive sign program. Under the provisions of the California Environmental Quality Act (CEQA)2 and the Guidelines for the Implementation of the California Environmental Quality Act 3 (State CEQA Guidelines), the City subsequently deemed the 2019 Development Application “complete” and formally initiated a detailed environmental analysis thereof. On November 19, 2019, following the culmination of that environmental review process, including the conclusion of Native American consultation, the City of Diamond Bar City Council (Council) conditionally approved the BCBP (Planning Case No. 2017-169) (2019 Approved BCBP),4 authorizing the construction and operation of a 118,471 GSF private development project consisting of a “hotel,” “medical office,” and “general office” uses. Additional off-site project components included, but were not limited to, improvements to Brea Canyon Road and to the Brea Canyon Road/Lycoming Street intersection and landscape improvements within the Pomona (SR-60) Freeway right-of-way (ROW), as administered by the California Department of Transportation (Caltrans). Reference to the 2019 Approved BCBP herein is inclusive of the then proposed uses of the project site and those off-site areas associated therewith, the approval, construction, and occupancy of those uses, all activities associated therewith, all discretionary and ministerial entitlements relating thereto, and those “mitigation measures” and “conditions of approval” adopted by the Council and associated therewith or imposed thereupon. As part of that action, the City adopted the following implementing resolutions and ordinance:  Resolution No. 2019-40 - A Resolution of the City Council of the City of Diamond Bar, California Approving the Mitigated Negative Declaration and Adopting the Mitigation Reporting and Monitoring Program for the Brea Canyon Business Park Project Located at 850 S. Brea Canyon Road, Diamond Bar, California Associated with Planning Case No. PL2017-169 (Assessors Parcel Number 8719-013-017).  Resolution No. 2019-41 - A Resolution of the City Council of the City of Diamond Bar, California Approving General Plan Amendment to Change the Existing General Plan Land Use Designation from Professional Office (OP) to General Commercial (C) Associated with the Brea Canyon Business Park Project Planning Case No. PL2017-169 Located at 850 S. Brea Canyon Road (Assessors Parcel No. 8719-013-017).  Resolution No. 2019-42 - A Resolution of the City Council of the City of Diamond Bar, California Approving the Brea Canyon Business Park Project No. PL2017-169 Consisting of 2/ Sections 21000-21177 of the Public Resources Code (PRC). 3/ Sections 15000-15387 in Title 14, Chapter 3 of the California Code of Regulations (CCR). 4/ Referencing Section 15352 of the State CEQA Guidelines: “(a) ‘Approval’ means the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person. The exact date of approval of any project is a matter determined by each public agency according to its rules, regulations, and ordinances. Legislative action in regard to a project often constitutes approval. (b) With private projects, approval occurs upon the earliest commitment to issue or the issuance by the public agency of a discretionary contract, grant, subsidy, loan, or other form of financial assistance, lease, permit, license, certificate, or other entitlement for use of the project.” 7.1.d Packet Pg. 108 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 3 a Conditional Use Permit, Tentative Parcel Map No. 82066, Development Review, Parking Permit, and Comprehensive Sign Program Located at 850 S. Brea Canyon Road (Assessors Parcel No. 8719-013-017).  Ordinance No. 03(2019) – An Ordinance of the City of Diamond Bar Approving Zone Change Planning Case No. PL2017-169 Amending the Zoning from Light Industry (I) to Regional Commercial-Planned Development Overlay (C-3-PD) for Property Located at 850 S. Brea Canyon Road, Diamond Bar, California (APN 8719-013-017). On November 19, 2019, prior to taking any formal action on the 2019 Approved BCBP, following noticed public hearings and requisite Native American consultation, the Council adopted the MND for the project via Resolution No. 2019-40 (A Resolution of the City Council of the City of Diamond Bar, California Approving the Mitigated Negative Declaration and Adopting the Mitigation Reporting and Monitoring Program for the Brea Canyon Business Park Project Located at 850 S. Brea Canyon Road, Diamond Bar, California Associated with Planning Case No. PL2017-169 [Assessors Parcel Number 8719-013-017]). Resolution No. 2019-40 included “approving the “Mitigated Negative Declaration and adopting the mitigation reporting and monitoring program for the Brea Canyon Business Park Project located at 850 S. Brea Canyon Road, Diamond Bar, California.”5 Reference to the 2019 Approved BCBP/MND herein is inclusive of the accompanying “Initial Study,” “Environmental Checklist Form,” and “Mitigated Negative Declaration for the Brea Canyon Business Park: 859 Brea Canyon Road, Diamond Bar, California – Mitigation Reporting and Monitoring Program” (November 19, 2019) (2019 Approved BCBP/MND/MRMP), including all related documents, notices, correspondence, communiques, and public hearings associated therewith. As adopted by the Council, the 2019 Approved BCBP/MND/MRMP imposed specific mitigation measures on the 2019 Approved BCBP. In addition, although not identified as CEQA- mandated actions, the Council also imposed numerous “conditions of approval” and other “exactions” on the 2019 Approved BCBP. In the interim between the filing of the 2019 Development Application (August 20, 2019) and the approval of the 2019 Approved BCBP (November 19, 2019), all business operations, including boat and recreational vehicle (RV) storage activities, previously being conducted on the project site were terminated, all boats and recreational vehicles removed, and all above-ground improvements were demolished. Since that time, the project site has remained vacant. 5/ The project described in Resolution No. 2019-42 consisted of a “109-room, four-story hotel, a 47,642 square foot, three-story office building; and an 8,900 square-foot, one level medical office building.” Because the gross square footage of the “109-room, four-story hotel” was not explicitly stated therein, the total gross square footage of the 2019 Approved BCBP was not identified in Resolution No. 2019-42. The 2019 Approved BCBP/MND evaluated a project totaling 118,471 gross square feet within the following stand- alone structures: “(1) a 47,828 square-foot general and medical office building (Lot 1 [Parcel 1], Tentative Parcel Map No. [TPM] 82066); (2) an 8,900 square-foot medical office building (Lot 2 [Parcel 2], TPM 82066); and (3) a 61,743 square-foot, 109-room hotel (Lot 3 [Parcel 3], TPM 82066).” Based on the evolving nature of architectural and engineering plans, a minor difference between the project described in the 2019 Approved BCBP/MND and the project depicted in the Resolution No. 2019-42 existed. Any identified differences between those two documents have been deemed by the Department to be de minimis and not consequential relative to the potential environmental impacts attributable to the 2019 Approved BCBP and the adequacy of the 2019 Approved BCBP/MND. 7.1.d Packet Pg. 109 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 4 Addendum 2021 Proposed Revised BCBP Constituting actions beyond the Applicant’s and the City’s control, the occurrence of COVID-19 widely affected southern California and resulted in numerous societal and economic public and private impacts attributable thereto.6 Despite specific good-faith declarations by the Applicant, as presented in the 2019 Approved BCBP/MND, with the exception of rough grading activities, the initiation of construction of the 2019 Approved BCBP has not proceeded in the manner and in the timeframe outlined therein. As time has passed, the Applicant reassessed the evolving nature of the local and regional real estate marketplace on the range and configuration of uses that the Applicant has elected to implement on the project site. The Applicant has acknowledged that the presence of the “novel coronavirus” (COVID-19), whose existence first manifested after the City’s approval of the 2019 Approved BCBP, has played a critical part in that reassessment process. The Community Development Department (Department) acknowledges that the COVID-19 pandemic has had and is expected to have a continuing material adverse social and economic impact on a broad spectrum of society, including the real estate marketplace, for an indeterminate length of time.7 In response to changing market conditions, on May 20, 2021, the Applicant submitted a “revised” development application (2021 Development Application) requesting modifications to the previously approved project and its corresponding entitlements (2021 Proposed Revised BCBP). Specifically, the 2021 Development Application seeks approval of a “revised” development concept, introducing additional on-site land uses (i.e., retail commercial and restaurant-related uses) that were not previously contemplated in the 2019 Approved BCBP/MND, altering the approved “tentative” subdivision map and site plan, removing certain access restrictions thereto, and corresponding entitlements. These revisions generally include:  The replacement of the 8,900 gross square-foot, single-story, medical building with a 6,500 gross square-foot, single-story, commercial building to accommodate a drive-through restaurant and up to two (2) future retail or fast-food tenants;  An outdoor dining area for the “retail/restaurant” building;  The addition of 15 hotel rooms (for a new total of 124 hotel rooms);  Hotel modification include extending the front by about two feet in certain areas;  The addition of southbound left-turn pocket on Brea Canyon Road to accommodate a left turn-in access to the project; and  The refurbishment of an existing 65-foot pylon sign. The corresponding requested entitlements include:  Amendment to Tentative Parcel Map to eliminate the condominium subdivision for the single-story 8,900 gross square-foot medical office building and replace with a single-story 6,500 gross square-foot commercial building to accommodate a drive-thru restaurant and up to two future retail or fast-food restaurant tenants.  Amendment to Development Review to approve the revisions to the site and architectural design of a new commercial development to ensure consistency with the “City of Diamond 6/ As reported by the World Health Organization (WHO), in United States alone, between January 3, 2020 and July 29, 2021, there have been 34,473,788 confirmed cases of COVID-19 and 606,686 deaths directly linked thereto (https://covid19.who.int/region/amro/country/us). 7/ In addition to those maintained by the County, the State, and the federal government, the City maintains an Internet website providing information concerning COVID-19 (www.DiamondBarCA.gov/COVID19). 7.1.d Packet Pg. 110 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 5 Bar General Plan,” “Diamond Bar Municipal Code” (DBMC), and compliance with all applicable design guidelines and standards. The proposed amendments include the replacement of the above-referenced 8,900 gross square-foot medical office building with a 6,500 gross square-foot commercial building with drive-thru lane, addition of 15 hotel rooms (approved for 109 rooms and proposing 124 rooms), and the addition of a southbound left- turn pocket on Brea Canyon Road to accommodate a left turn in access to the project. Additionally, there are no major exterior changes to the four-story hotel building.  Amendment to Conditional Use Permit to approve a drive-thru service for the proposed fast-food restaurant at the 6,500 gross square-foot commercial building.  Amendment to Parking Permit to approve the updates to the shared-parking demand analysis.  Amendment to Comprehensive Sign Program to approve the refurbishment of an existing 65-foot tall pylon sign, addition of a wall sign on the three-story medical office building; and associated wall signs on the proposed one-story commercial building.  Minor Conditional Use Permit to approve the outdoor dining area for the single-story 6,500 gross square-foot commercial building. In order distinguish between the 2019 Approved BCBP (including its accompanying 2019 Approved BCBP/MND and the 2019 Development Application), the current development concept described herein is identified as the 2021 Proposed Revised BCBP (including its accompanying 2021 Proposed Revised BCBP/Addendum and the 2021 Development Application). 1.2 California Environmental Quality Act The 2021 Development Application constitutes a proposal for a “private project,” defined as a “project which will be carried out by a person other than a governmental agency, but the project will need a discretionary approval from one or more governmental agencies for: (a) A contract or financial assistance, or (b) A lease, permit, license, certificate, or other entitlement for use” (Section 15377, State CEQA Guidelines). Pursuant thereto, the City has: (1) encouraged the Applicant to incorporate environmental considerations into project conceptualization, design, and planning at the earliest feasible time (Section 15004[b][3], State CEQA Guidelines); and (2) consulted with the Applicant to determine if the applicant is willing to modify the project to reduce or avoid the significant effects (Section 15063[g], State CEQA Guidelines. Pursuant to Section 15358 of the State CEQA Guidelines: “Effects analyzed under CEQA must be related to a physical change.” CEQA defines a “project,” in part, to constitute “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment” (Section 21065, CEQA; Section 15378, State CEQA Guidelines). Rough grading activities associated with the implementation of the 2019 Approved BCBP have already commenced under the authority of City-issued permits (December 7, 2020) and pursuant to those conditions of approval associated therewith. When evaluating a proposed change to a project that has previously been reviewed under CEQA, the lead agency must apply CEQA’s standards limiting the scope of subsequent environmental review. Under these standards, once an environmental impact report (EIR) has been certified or 7.1.d Packet Pg. 111 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 6 Addendum a negative declaration adopted for a project, further CEQA review is limited. These standards apply whether or not the project has been constructed. Section 21166 of the PRC states: When an environmental impact report has been prepared for a project pursuant to this division, no subsequent or supplemental environmental impact report shall be required by the lead agency or by any responsible agency, unless one or more of the following events occurs: (a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report. (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report. (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available. As specified in Section 15162(a) and (b) of the State CEQA Guidelines: (a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following: (1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: (A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; (B) Significant effects previously examined will be substantially more severe than shown in the previous EIR; (C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. 7.1.d Packet Pg. 112 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 7 (b) If changes to a project or its circumstances occur or new information becomes available after adoption of a negative declaration, the lead agency shall prepare a subsequent EIR if required under subdivision (a). Otherwise the lead agency shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation. As specified, in relevant part, in Section 15164 of the State CEQA Guidelines:  “An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred” (Section 15164[b], State CEQA Guidelines);  “An addendum need not be circulated for public review but can be included in or attached to the final EIR [environmental impact report] or adopted negative declaration” (Section 15164[c], State CEQA Guidelines); and  “The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project” (Section 15164[d], State CEQA Guidelines). An “addendum” to a negative declaration, mitigated negative declaration, or EIR is only authorized when: (1) the proposed action constitutes a “project” under CEQA (Section 15378, State CEQA Guidelines); and (2) when only minor changes to an approved project are being proposed (Section 15162[a], State CEQA Guidelines). As set forth in detail below, pursuant to Section 21166 of the PRC and Section 15162 of the State CEQA Guidelines, the City analyzed whether the revisions requested in the 2021 Proposed Revised BCBP would result in new significant impacts or a substantial increase in severity of previously identified impacts. Based on the City’s analysis, no subsequent EIR, supplemental EIR, or subsequent mitigated negative declaration is required. As a result, the City’s analysis and conclusions are documented in this Addendum (Section 15164, State CEQA Guidelines). It should be noted that nothing herein constitutes a predetermination by the Department or by the Lead Agency’s advisory and decision-making bodies with regards to the approval, conditional approval, or denial of the 2021 Proposed Revised BCBP or any portion thereof or to the appropriate manner of CEQA compliance. The preliminary information, analyses, and recommendations presented herein remain subject to change based on the Department’s further consideration of the 2021 Proposed Revised BCBP, comments received from the general public and from other responsible agencies in response thereto, the recommendations of the Commission, and the independent determination of the Council. Construction As indicated in the 2019 Approved BCBP/MND, construction of the 2019 Approved BCBP was projected to commence on October 1, 2019 and, following the SCAQMD’s California Emissions Estimator Model’s (CalEEMod) default construction schedule, was estimated to require 320 actual construction days (excluding weekends) and be completed on December 21, 2020. By delaying 2.0 REVISED PROJECT DESCRIPTION 7.1.d Packet Pg. 113 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 8 Addendum the commencement of construction operations, that schedule was neither realized for the 2019 Approved BCBP nor applicable to the 2021 Proposed Revised BCBP. Rough grading activities associated with the 2019 Approved BCBP have already commenced under the authority of City-issued permits and pursuant to those conditions of approval and mitigation measures associated therewith. The environmental effects of those activities were addressed in the 2019 Approved BCBP/MND and fully mitigated based on those mitigation measures identified in the 2019 Approved BCBP/MND/MRMP (Resolution No. 2019-40, November 19, 2019). Minor changes to the City-issued grading permit would be required to accommodate the 2021 Proposed Revised BCBP. Outside the Applicant’s control, non-project-specific supply chain problems, affecting the entire southern California region and potentially delaying the delivery of construction materials, could add additional unexpected delays to various aspects of the construction process. Assuming that construction continues in 2022, the air quality and GHG assumptions and modeling continues to remain applicable although the actual construction dates may have changed. If construction were to continue into 2023, based on increased efficiencies in mechanized equipment, the presence of more fuel-efficient vehicles, and tightening air quality regulations, projected construction emissions would be anticipated to be less than the “worst-case” analysis assumed therein. Operations The proposed project modifications in the 2021 Proposed Revised BCBP are:  The replacement of the 8,900 GSF, single-story, medical building with a 6,500 GSF, single- story, commercial building to accommodate a drive-thru restaurant and up to two (2) future retail or fast-food tenants;  An outdoor dining area for the retail/restaurant pad;  The total gross square footage of the proposed “hotel” has been increased in size by approximately 2,785 GSF and the number of guest rooms has increased from 109 to 124 rooms.  The addition of southbound left-turn pocket on Brea Canyon Road to accommodate a left turn-in access to the project; and  The refurbishment of an existing 65-foot pylon sign. The total gross leasable square footage of the entire project has increased by an estimated 385 gross square feet from 118,471 to 118,856 GSF.8 With regards to the 2021 Proposed Revised BCBP, the proposed “medical office” (“Parcel 1”), “retail/restaurant” (“QSR-1) buildings (“Parcel 2”), and “hotel” (“H-1”) (“Parcel 3”), are separately addressed below:  Medical Office. Although “general office” uses would continue to be authorized therein, the Applicant has requested that the Department examine the proposed “office” (“O-1”) building (“Parcel 1”) as if to be totally occupied for “medical office” use. As a result, from a trip 8/ As an additional consideration for CEQA purposes, the 2019 Approved BCBP identified the 3-story mixed “medical office” and general office” building (located on “Parcel 1”) as containing a total of 47,828 GSF (inclusive of all floors and all uses). In contrast, in Resolution Nos. 2019-40 and 2019-42, the Council described that same building as containing 47,642 GSF or approximately 186 GSF less than assumed in the 2019 Approved BCBP/MND. For CEQA purposes, this means that the 2019 MND analyzed a larger footprint than was necessary, and therefore, analyzed more potential impacts than was necessary. This analysis of the 2021 Proposed Revised BCBP also uses the larger square footage (47,828 GSF) for consistency purposes. 7.1.d Packet Pg. 114 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 9 generation perspective, the higher “medical-dental office building” (LUC 9 720) rate of 34.80 trips/1,000 SF rather than the lower “general office building” (LUC 710) rate of 9.74 trips/1,000 SF has been applied to the gross square footage therein.10 Other than as it relates to tenancy and associated changes to DBMC-specified parking requirements, no deviations relative to the 2019 Approved BCBP/MND are proposed with regards to the operation of the multitenant “medical office” (“O-1”) building (“Parcel 1”) associated with the 2021 Proposed Revised BCBP.  Retail/Restaurant. Represented as a “build-to-suit” project component, because neither the owner, operator, franchisee, licensee, and/or master leasee of the proposed 6,500 GSF “retail/restaurant” (“QSR-1”) building (“Parcel 2”) nor the number of “fast-food restaurants” (with “drive-thru”) and other unspecified “restaurants” been definitively identified by the Applicant, little, if any, operational information concerning the 2,500 GSF “fast-food restaurant” (with “drive-thru”), including an accompanying proposed minimum 260 SF “outdoor dining area,” and 4,000 GSF “restaurant” is known or presently knowable to the Department. The uses operating within the “retail/restaurant” (“QAR-1”) building (“Parcel 2”) shall be regulated by the applicable provisions of the DBMC and the City’s permit process.  Hotel. The Applicant has indicated that the proposed 64,528 GSF, 124-room “hotel” would be a Hilton HamptonTM brand.11,12 However, none of the existing (2019 Approved BCBP) or proposed (2021 Proposed Revised BCBP) entitlements explicitly specify or are dependent on either the precise franchise or the Smith Travel Research’s (STR) or other hotel brand, franchise, or operator (franchisee) chain-scale categorization.13 Except as it may relate to the revised comprehensive signage program, it is not anticipated that any associated City- issued entitlements associated with the 2021 Proposed Revised BCBP would restrict the “hotel” (“H-1”) building (“Parcel 3”) to any specific brand, franchise, or operator. The proposed “Hilton/HamptonTM is subject to the specifications outlined in the corporation’s most recent design template,14 representing the requirements established for design of a Hilton-franchised hotel. That design template is unique to Hilton-franchised properties. As a result, neither the entitlement nor CEQA processes guarantees that the proposed hotel will retain its STR chain-scale category rating, its brand affiliation, or preclude any future operator’s request for subsequent design-related changes thereto over time. 9/ Institute of Transportation Engineer’s “land-use code” (LUC). 10/ Linscott Law & Greenspan, Revised Traffic Impact Analysis Report Addendum – Brea Canyon Business Center, Diamond Bar, California, August 6, 2021, November 4, 2021, January 13, 2022, Table 5-1 (Revised Project Traffic Generation Forecast), p. 18. 11/ Hilton Worldwide, through its subsidiaries, currently owns the following principal trademarks and their related guest lodging systems: Hilton™, Canopy™, Conrad™, Curio™, DoubleTree™, Embassy™, Hampton™, Hilton Garden Inn™, Home2™, Homewood™, Motto™, LXR™, Signia by Hilton™, Tapestry™, Tempo™, Tru™, Waldorf Astoria™ (collectively The Hilton Worldwide Brands). The Hilton Worldwide Brands may utilize name variations for suites hotels and may use the taglines “by Hilton” or “Collection by Hilton” in some markets or locations. 12/ “Hilton Worldwide’s Hampton brand boasts a massive 2,544 properties across 30 countries. As reported by Hilton’s website: “Hampton offers consistent quality, value, and service for business and leisure travelers willing to pay a bit more for an upgraded experience in the midscale category. Amenities include things like a free, hot breakfast, 24- hour business center, free Wifi, and digital check-in. Hampton is continuing to expand with 750 properties planned. In 2020, Entrepreneur magazine ranked Hampton as the number one lodging franchise for the 11th straight year. Hampton competes with Fairfield Inn, Holiday Inn Express, Comfort Suites, Courtyard, and SpringHill Suites” (https://hoteltechreport.com/news/hilton-hotel-brands). 13/ Among others (e.g., Forbes and Automobile Club of America [AAA]), Smith Travel Research's chain-rating system (i.e., luxury, upper upscale, upscale, upper midscale, midscale, and economy) is typically used by hotel professionals to distinguish between different levels of properties. 14/ Hilton Hotel, Hilton (Hotels) – Brand Standards – North America 2500 – Design, Construction & Renovation Standards, January 1, 2018. 7.1.d Packet Pg. 115 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 10 Addendum A comparative description of the 2019 Approved BCBP and the 2021 Proposed Revised BCBP is presented in Table A-1 (Comparative Development Analysis – 2019 Approved BCBP and 2021 Proposed Revised BCBP [September 8, 2021]) herein. This comparison identifies, without limitation, the following issues:  By changing the proposed land use on “Parcel 2” from “general office” to “retail/restaurant,” the anticipated hours of operation associated therewith would be expanded to include additional evening and weekend hours. Unless specified by the Applicant or subsequently conditioned by the City, without limitation, one or more “retail/restaurant” businesses physically operating from the proposed “retail/restaurant” (“QSR”) building (“Parcel 2”), including the operation of the proposed “drive-thru” aisle, “walk-up window,” and “outdoor dining area,” are assumed as a reasonable worst-case scenario to operate 24-hours per day and 365 days per year. ♦ Compared to the 2019 Approved BCBP’s “medical office” building (“Parcel 2”), as associated with the proposed “retail/restaurant” uses, implementation of the 2021 Proposed Revised BCBP would increase exterior lighting and the number and size of external signage. ♦ The proposed “retail/restaurant” uses (“Parcel 2”) includes the introduction and operation of outdoor speakers associated with the “drive-thru” restaurant and/or outdoor dining area. Noise associated with vehicles queuing in the area of the proposed “drive-thru” aisle is absent from the 2019 Approved BCBP. ♦ The construction of a “drive-thru” aisle adjacent to the project site’s northern boundary will be expected to increase the number and frequency of motor vehicles idling in relatively close proximity to existing residential receptors. ♦ The inclusion of outdoor dining opportunities will likely result in a greater number and/or frequency of people congregating in exterior areas on the project site, including those present during evening hours and weekend periods. ♦ “Restaurant” uses typically generate odors associated with food preparation and waste disposal. Those odors are not generally associated with “office” uses. ♦ With regards to the proposed “retail/restaurant” uses, the disposal of organic / green / food wastes and food-soiled paper could increase the potential for attracting vectors 15 (e.g., rats, mice, and flies) and other food scavengers (e.g., crows and sea gulls) beyond that which would be typically associated with “office” uses. ♦ Unless effectively operated, “fast-food” restaurants can become a source of litter. Adopted/Revised/Proposed Mitigation Measures The City reviewed the mitigation measures imposed on the 2019 Approved BCBP for applicability to the 2021 Proposed Revised BCP. As indicated in Table A-2 (2021 Proposed Revised BCBP – Adopted/Revised/Proposed Mitigation Measures), a number of minor changes are proposed thereto for clarification purposes.16 15/ “Vectors” are defined by the California Department of Public Health as “any insect or other arthropod, rodent or other animal of public health significance capable of harboring or transmitting the causative agents of human disease, or capable of causing human discomfort and injury.” 16/ The proposed Department-identified changes to “MM-12” (Geology and Soils) and “MM-21” (Operational Noise) relate to the City’s adoption of the “California Building Standards Code, 2019 Edition” (2019 CBC) and “California Green Building Standards Code, 2019 Edition” (2019 CalGreen) on December 3, 2019 (Ordinance No. 04[2019]16), as amended, and are intended to: (1) obligate the 2021 Proposed Revised BCBP to the most recent set of applicable standard codes; and (2) delete any explicit language and/or inferences suggesting the City’s willing to rely upon outdated and superseded code. 7.1.d Packet Pg. 116 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 11 Table A-1 COMPARATIVE LIMITED DEVELOPMENT ANALYSIS 2019 APPROVED BCBP AND 2021 PROPOSED REVISED BCBP1 (September 8, 2021) Parcel No. Land Use Building Configuration Tentative Parcel Map Conceptual Development Plans Parcel Size2 (Square Feet) No. Non-Residential Condominium Units3 Total Building Square Footage4 (Gross Square Feet) Number of Hotel Guest Rooms 2019 Approved BCBP 2021 Proposed Revised BCBP 2019 Approved BCBP 2021 Proposed Revised BCBP 2019 Approved BCBP 2021 Proposed Revised BCBP Delta 2019 Approved BCBP 2021 Proposed Revised BCBP Delta 2019 Approved BCBP5 2021 Proposed Revised BCBP Delta 2019 Approved BCBP 2021 Proposed Revised BCBP Delta Parcel 1 Medical Office Medical7,8,9 Office 3-Story 17,237 17,237 0 10 3410 24 15,942 47,82810,11 31,886 - - General Office6 24 0 (24) 31,886 0 (31,886) - - - Total Gross Square Footage 47,82811 47,82810,11 NC - - - 2 Medical Office - 1-Story 9,642 7,279 (2,363) 2 0 (2) 8,900 - (8,900) - - - - Retail12,13,14 Restaurant - 0 - - 6,50014 6,50014 - - - Total Gross Square Footage 8,900 6,500 (2,400) - - - 3 Hotel15 4-Story 21,982 22,690 708 - - - 61,743 64,528 2,785 109 124 15 4 Common Areas - 200,161 201,816 1,655 - - - - - - - - Total - - 249,022 249,022 0 36 34 (2) 118,471 118,856 385 109 124 15 Other - Lot Coverage (Percent) - 16.3% 15.7% (0.6%) - - - - - - - - - Floor Area Ratio (FAR) - 49.6 47.9 (1.7) - - - - - - - - - Landscape Provided (SF) - 51,551 49,743 (1,808) - - - - - - - - - Pedestrian-Oriented Open Space (SF)16 - NA 2,872 NA - - - - - - - - - - Total On-Site Parking Spaces - - - - - - 28917 28917 NC - - - Notes: NA – Not Available; NC – No Change 1. Under CEQA, focusing exclusively on a quantitative comparison between approved and proposed project component does not capture the totality of the proposed action and the potential environmental effects associated therewith. Not addressed herein are the Applicant-proposed physical changes to: (1) the fundamental nature of approved and proposed on-site land uses, including those operational changes relating thereto and associated therewith; (2) the project’s ingress/egress, including associated turning movements to and from Brea Canyon Road; (3) off-site changes to the proposed central median located along Brea Canyon Road; (4) proposed improvements to the Brea Canyon Road/Lycoming intersection (including associated fair-share fees); and (5) internal circulation patterns and parking demands. 2. As depicted on the corresponding “tentative” parcel map, “parcel size” generally relates to the footprint (including other closely associated and assignable areas) associated with the proposed buildings to be developed on the project site and does not depict the gross square footage (GSF) or gross leasable area (GLA) of the buildings nor the number of hotel rooms associated therewith. 3. The number of non-residential “condominium units” is not necessarily indicative of the number of owners, leasees, and/or subleasees that may own, possess, or operate therein. It is assumed that the recorded “conditions, covenants, and approvals” (CC&Rs) and/or other recorded instrument will include a prohibition that any of the non-residential “condominium units” will be used for residential or mixed residential/non-residential purposes. 7.1.d Packet Pg. 117 Brea Canyon Business Park Project 850 Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 12 Table A-1 (Continued) COMPARATIVE LIMITED DEVELOPMENT ANALYSIS 2019 APPROVED BCBP AND 2021 PROPOSED REVISED BCBP1 (September 8, 2021) Parcel No. Land Use Building Configuration Tentative Parcel Map Conceptual Development Plans Parcel Size2 (Square Feet) No. Non-Residential Condominium Units3 Total Building Square Footage4 (Gross Square Feet) Number of Hotel Guest Rooms 2019 Approved BCBP 2021 Proposed Revised BCBP 2019 Approved BCBP 2021 Proposed Revised BCBP 2019 Approved BCBP 2021 Proposed Revised BCBP Delta 2019 Approved BCBP 2021 Proposed Revised BCBP Delta 2019 Approved BCBP5 2021 Proposed Revised BCBP Delta 2019 Approved BCBP 2021 Proposed Revised BCBP Delta Notes (Continued): 4. No distinction is made herein relative to any spatial differences between gross square feet (GSF) and gross leasable area (GLA). 5. Square footages are as represented in the 2019 Approved BCBP MND and may differ from that identified in Resolution No. 2019-40 and 42. 6. Without further specification or categorization, identified only as “office” on the “Proposed Revised TPM 82066” (September 8, 2021). 7. As indicated in correspondence from EXDEV, dated July 12, 2021, the following description is provided by the Applicant: “Three-Story Professional Office building with subdivision of air space for 34 medical and general office units. 1st Floor, 2nd Floor, 3rd Floor to allow 100% medical use, with general office still allowed.” 8. The terms “medical” and “office” are presented as broad terms and are not expressly defined as distinct uses in the DBMC. Section 22.80.020 (Definitions of Specialized Terms and Phrases) includes the following categorization of office-related uses: “administrative/business”; “production”; “professional”; “temporary”; and “temporary real estate.” Additionally, the following definitions of “medical services” are provided therein: “clinics and laboratories”; “extended care”; and “hospitals.” 9. A “food service facility” tenant (e.g., lunch room, cafeteria, and/or convenience store), catering to other tenants and to those members of the general public accessing the project site, would not be not prohibited. 10. Identified by the Applicant as a “speculative” building, to be constructed by the Applicant with no future buyers, tenants, or other site users presently known or explicitly identified. 11. With regards to the 2019 Approved BCBP, the 3-story “office” building proposed on “Parcel 1” was identified in Resolution Nos. 2019-40 and 2019-42 as totaling 47,642-gross-square feet (GSF) (including 31,998 GSF of “office” and 15,644 GSF of “medical office”) and not the 47,828 GSF (including 31,855 GSF of “office” and 15,942 GSF of “medical office”) identified in the 2019 Approved BCBP/MND. Because the total building size assumptions presented in the 2019 Approved BCBP/MND exceeded those presented in Resolution Nos. 2019-40 and 2019-42, the CEQA process accompanying the 2019 Approved BCBP remains applicable thereto and, for CEQA compliance purposes associated with the 2021 Proposed Revised BCBP, although the Applicant’s current development concept identifies only an approximately 47,642 GSF “medical office” structure on “Parcel 1,” the 47,828 GSF figure presented in the 2019 Approved BCBP/MND has been retained herein because that larger square footage represents the factual basis upon which the 2019 Approved BCBP/MND’s and this 2021 Proposed Revised BCBP/Addendum’s environmental impact analyses was and has been derived. 12. The Applicant is not requesting that that the City rescind those prior entitlements associated with the 2019 Approved BCBP, including those associated with the 8,900 GSF multitenant “medical office” building; rather, the Applicant seeks the City’s authorization so as to: (1) retain those prior approvals so as to allow the construction and operation thereof; (2) issue new, revised, amended, updated, expanded, and/or modified entitlements, including associated design and development standards, as may be required for the approval, construction, and operation of the 2021 Proposed Revised BCBP; and (3) concurrently grant the Applicant the authorization to proceed with the development of the 2019 Approved BCBP (e.g., 8,900 GSF multitenant “medical office”) or the 2021 Proposed Revised BCBP (e.g., 6,500 GSF multitenant “retail/restaurant” [“QSR-1”] building), or portions thereof, as an alternative thereto. 13. Identified by the Applicant as a “built-to-suit” project component, to be constructed by the Applicant or by others once the future buyer(s), tenant(s), and/or site user(s) has been identified and in accordance with the specific design standards (template) of that buyer(s), tenant(s), and/or site user(s). 14. Subject to change and refinement. In the same manner as the proposed “hotel use” represents the Hilton HamptonTM specified design template, the Applicant is awaiting receipt of an executed real estate contract with one or more future buyer(s) and will then, based on that agreement and/or the purchaser’s or leaseholder’s precise design requirements, subsequently “build to suit,” potentially altering the site plan, configuration, and design specifications represented in the 2021 Development Application. 15. Including one or more “accessory retail” uses. 16. As specified in Section 22.16.070(1) of the DBMB: “Multitenant commercial centers one acre in size and larger shall provide a minimum of 0.01 percent of the total land area of the center as useable pedestrian-oriented open space, including plazas, patios, courtyards, and outdoor seating areas. The total land area of the center shall include all parcels that comprise the center including freestanding structures on separate parcels. Project proponents are encouraged to provide open space areas that exceed the minimum amount required.” In compliance therewith, based on an approximately 5.73-acre (249,022 square feet) project site, an estimated minimum 2,490 square feet of pedestrian-oriented open space (e.g., plazas, patios, courtyards, and outdoor seating areas), conforming to the standards outlined in Section 22.16.070(2), is required in compliance therewith. 17. Subject to a “shared-parking” permit. Source: Community Development Department 7.1.d Packet Pg. 118 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 13 Table A-2 2021 PROPOSED REVISED BCBP ADOPTED/REVISED/PROPOSED MITIGATION MEASURES No. Project-Level Mitigation Measures 2021 Proposed Revised BCBP 2019 Approved BCBP/MND/MRMP1 MM-1 Covenants, Conditions, and Restrictions. Prior to the approval of any final subdivision map, the Applicant, the “business-owners’ association/condominium association” (BOA), or similar entity comprised of all owners of interest thereupon shall submit, for review and approval by the City Attorney, the proposed project’s “declaration of covenants, conditions, and restrictions” (CC&R). At a minimum, those CC&Rs shall: (1) contain provisions for the creation and operation of the BOA; (2) provide that the BOA shall be responsible for the maintenance of all common areas and facilities, including, but not necessarily limited to, water, wastewater, and drainage systems, walls and fences, lighting and landscaping, bicycle and vehicle parking areas, loading areas, trash area, and sidewalks; (3) include provisions that the title to the common areas is to be held by the BOA for and on behalf of all owners of interest; (4) use and enforcement of parking provisions, including maintaining unobstructed drive aisles; and (5) the manner of enforcement thereof. Any changes thereto shall be prohibited except through the prior written approval of the City Attorney. No Change MM-2 Los Angeles County Flood Control District. Prior to the issuance of a grading permit by the City, the Applicant shall deliver to the City Engineer: (1) documentation evidencing the Applicant’s receipt of any and all permits and approvals as may be required by or from the County associated with any proposed excavation, removal, and replacement of any County-owned flood control facilities, including any proposed encroachment, realignment, and/or modifications thereto and conveyance documents and easements associated therewith; and (2) a comprehensive listing of any and all permit conditions, mitigation measures, and other exactions that may be associated therewith or established therein. All such conditions, mitigation measures, and other exactions shall be binding on the proposed project and, prior to the issuance of any occupancy permits, for any use proposed on the project site, the Applicant’s compliance therewith shall be documented, to the satisfaction of the City Engineer. No Change MM-3 Revised Transportation Demand Management. Prior to the issuance of final subdivision map, in compliance with the provisions of Chapter 22.40 (Transportation Demand Management) of the “City of Diamond Bar Municipal Code,” the Applicant shall submit and the Community Development Director shall approve a detailed “transportation demand management” (TDM) program encompassing the proposed project and each of the uses contemplated therein, including the weekday and weekend peak-period parking demands associated therewith. The TDM program shall include separate operational components addressing strategies, singularly or in combination, to reduce: (1) the number of average daily vehicle trips (ADT) attributable to the proposed project; (2) and the total number of vehicle miles traveled (VMT) associated therewith; and (3) peak-period parking demands. The TDM shall include reasonable and feasible actions and endeavors sufficient to achieve: (1) a twenty (20) percent reduction in ADT and VMT over conditions which would otherwise occur absent the TDM; or (2) a fifteen (15) percent reduction in weekday and weekend peak-period parking demands that would occur absent the TDM; or (3) a 15 percent project-specific VMT-related reduction below the City’s projected per service population (VMT/SP) level that would occur absent the TDM. The proposed project’s “business-owners” association/condominium association” (BOA) or similar representative management entity comprised of all owners of interest thereupon shall: (1) not less than annually, implement reasonable outreach efforts to all owners, occupants, and tenants for the purpose of providing information and updates concern the TDM program and its effectuation; (2) implement an active and on-going TDM monitoring program for the purpose of assessing progress toward the achievement of the stated performance standards; and (3) periodically revise and/or modify the TDM program and undertake such further actions as may be reasonable and appropriate to demonstrate the achievement of those standards. The BOA or management entity shall make those records available to the Community Development Director upon request. Revised Mitigation Measure. Revised by the Department to include a third stated goal (i.e., reduction in peak-period parking demands) of the Applicant’s DBMC-mandated TDM program. MM-4 Construction Air Quality. Relative to construction-term air quality impacts, all site preparation and earthmoving activities shall be subject to three times, rather than twice, daily watering. No Change MM-5 Construction Air Quality. Relative to construction-term air quality impacts, all heavy earthmoving equipment (e.g., graders, scrapers, heavy dozers) in excess of 240 horsepower shall be equipped with a Level 1 diesel particulate filter. No Change MM-6 Operational Air Quality. The Applicant shall equip all structures with ventilation units with particulate filters with a rating of not less than Minimum Efficiency Reporting Value (MERV) 8 as recommended by the United States Environmental Protection Agency for automobile emission particles used in the protection of superior residential and better commercial structures, including hospital laboratories. No Change MM-7 Operational Air Quality. The hotel (Lot 3, Tentative Parcel Map No. 82066) and the general and medical office building (Lot 1, Tentative Parcel Map No. 82066) shall have their ventilation intakes located along their north sides of those buildings. No Change 7.1.d Packet Pg. 119 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 14 Addendum Table A-2 (Continued) 2021 PROPOSED REVISED BCBP ADOPTED/REVISED/PROPOSED MITIGATION MEASURES No. Project-Level Mitigation Measures 2021 Proposed Revised BCBP 2019 Approved BCBP/MND/MRMP (Continued) MM-8 Cultural Resources. Prior to the issuance of a grading permit, a qualified archaeologist, meeting the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716, National Parks Service, September 29, 1983) shall be retained by the Applicant to oversee the monitoring of initial ground disturbing activities, including all trenching and excavation activities occurring to a depth greater than three feet below surface grades. The archeologist shall conduct excavation monitoring activities for the purpose of identifying the potential presence of any significant historic or prehistoric cultural resources located within the project boundaries. Delete / No Longer Applicable. With the City’s issuance of a rough grading permit associated with the 2019 Approved BCBP, this project-level mitigation measure was effectively implemented and no longer remains applicable to the 2021 Proposed Revised BCBP. No further compliance therewith is, therefore, deemed by the Department to be required. MM-9 Cultural Resources. If cultural resources are identified during monitoring of the ground disturbing activities, the supervising archaeologist shall be empowered to temporarily halt construction in the vicinity of any such discovery while its significance is being evaluated. All cultural resources that may be so recovered will be documented on California Department of Parks and Recreation Site Forms and filed with the California Historical Resources Information System South Central Coastal Information Center at the California State University, Fullerton (CHRIS-SCCIC). Independent of any resources identified, the archaeologist shall prepare a final report about the monitoring and submit that report to the City’s Community Development Director, and the California Historical Resources Information System South Central Coastal Information Center at the California State University, Fullerton (CHRIS-SCCIC), as required by the California Office of Historic Preservation. The report shall include documentation and interpretation of any resources so recovered, if any. The Community Development Director shall designate repositories in the event that significant resources are recovered. MM-10 Cultural Resources. The Applicant shall retain a Native American observer to monitor earthwork activities. The Native American observer shall represent a tribe that has ancestral ties and cultural affiliations to the project site. MM-11 Discovery of Human Remains. If human remains are encountered during construction excavation and grading activities, Section 7050.5 of the Health and Safety Code requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Section 5097.98 of the Public Resources Code. If the remains are determined to be of Native American descent, the County Coroner has 24 hours to notify the California Native American Heritage Commission (NAHC). The NAHC will then identify the person(s) thought to be the Most Likely Descendent (MLD) of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. No Change MM-12 Revised Geology and Soils. All buildings will conform to applicable “Earthquake Design Regulations” specified in Section 1613 in Chapter 16 (Structural Design) of the 2016 2019 California Building Code, as amended, and, unless otherwise waived or superseded, all development activities conducted on the project site shall conform to and be consistent with the recommended seismic parameters and recommended design and development standards identified in the following technical studies: (1) “Response to Geotechnical Review Comments – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., June 11, 2019); (2) “Update No. 3 to Geotechnical Review Comments – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., April 4, 2019); (3) “Supplemental Geotechnical Investigation, Proposed Brea Canyon Business Park, Lot 2 – Medical Office Building, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., March 15, 2019); (4) “Update to Geotechnical Review Comments – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., November 13, 2017); (5) “Supplemental Geotechnical Investigation, Proposed Brea Canyon Business 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., September 6, 2017); (6) “Percolation/Infiltration Testing - Proposed Brea Canyon Business 850 Brea Canyon Road, Diamond Bar, California” Geotechnical Professionals, Inc., July 12, 2017); (7) “Report of Geotechnical Investigation, Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., July 11, 2017); (8) “Update No. 3 to Geotechnical Investigation – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., April 13, 2019); (9) “Update No. 4 to Geotechnical Investigation – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., September 28, 2021); and (10) Such additional actions and recommendations as may be approved by the City Engineer based on further technical analyses conducted by or for the City Engineer, including the findings of more detailed project-specific seismic, soils, geologic, and geotechnical investigations. Revised Mitigation Measure. Revised by the Department to replace outdated version of applicable codes. On December 3, 2019 (Ordinance No. 04[2019]), the City Council adopted the “California Building Standards Code, 2019 Edition” and “California Green Building Standards Code, 2019 Edition”2 and including additional site-specific and/or project-specific geotechnical investigations. 7.1.d Packet Pg. 120 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 15 Table A-2 (Continued) 2021 PROPOSED REVISED BCBP ADOPTED/REVISED/PROPOSED MITIGATION MEASURES No. Project-Level Mitigation Measures 2021 Proposed Revised BCBP 2019 Approved BCBP/MND/MRMP (Continued) MM-13 Construction Noise. In accordance with the provisions of the “City of Diamond Bar Municipal Code,” construction shall be restricted to between the hours of 7:00 AM and 7:00 PM on weekdays and Saturdays. No construction shall occur at any time on Sundays or on federal holidays. These days and hours shall also apply to the servicing of equipment and to the delivery or removal of equipment and materials to or from the site. No Change MM-14 Construction Noise. All construction equipment shall be properly maintained and tuned to minimize noise emissions. No Change MM-15 Construction Noise. All equipment shall be fitted with properly operating mufflers, air intake silencers, and engine shrouds no less effective than originally equipped. No Change MM-16 Construction Noise. During site preparation and paving operations, the construction contractor shall place temporary noise barriers, in the form of continuous ¾-inch plywood or hay bales, or similar dense material acceptable to the Department, along the site perimeter when performing construction operations within 100 feet of the rear yard areas of any existing residential units located to the north of the County flood control channel. Such barriers shall be a minimum of 8-feet tall and block the line-of-sight between any proximal residences and the top of the exhaust stack associated with the on-site use of heavy construction equipment. This mitigation measure is intended to apply specifically to those single-family residences located at 807-814 Dryander Drive and 21110-21054 Lycoming Street, Diamond Bar. No Change MM-17 Construction Noise. The construction contractor shall specify the use of electric stationary equipment (e.g., compressors) that can operate off of the power grid, where feasible. Where infeasible, stationary noise sources (e.g., generators and compressors) shall be located as far from residential receptor locations as feasible. No Change MM-18 Construction Noise. The construction contractor shall conspicuously post details of the project’s construction schedule and contact information, including the telephone numbers of both an on-site project representative and that of the City’s Community Development Department (Department), that can be contacted by local residents seeking to register a noise complaint. The Applicant shall maintain records of all such contacts, including any actions taken, and make those records available to authorized inspectors upon request. No Change MM-19 Construction Noise. The proposed project shall be designed and constructed in accordance with any and all additional conditions as may be set forth by the Department for noise mitigation. No Change MM-20 Operational Noise. No accessible exterior balconies shall be included in the design of the hotel structure for those guest rooms located along the hotel’s southern (freeway-oriented) wall. No Change MM-21 Revised Operational Noise. The Applicant shall provide habitable on-site structures with forced air ventilation designed and installed in accordance with the 2016 2019 “California Building Standards Code,” as amended (Title 24, California Code of Regulations), including the 2016 2019 “California Green Building Standards Code,” as amended (Title 24, Part 11, California Code of Regulations). Revised Mitigation Measure. Replacing outdated versions thereof, on December 3, 2019 (Ordinance No. 04[2019]), the Council adopted the “California Building Standards Code, 2019 Edition” and “California Green Building Standards Code, 2019 Edition.”2 MM-22 Operational Noise. All exterior fittings that enter the structures (e.g., electrical conduits; heating, ventilation and air conditioning [HVAC] ducts) are to be sealed with caulk such that the fittings are rendered as air-tight. Any metal duct-work that is exposed to the exterior environment shall be enclosed and insulated to avoid noise transference through the ducting. No Change 2040 General Plan/CAP/FPEIR/MRMP3 PMM AQ-1 Construction Features. Future development projects implemented under the [2040] General Plan will be required to demonstrate consistency with SCAQMD construction emission thresholds. Where emissions from individual projects exceed SCAQMD thresholds, the following measures shall be incorporated as necessary to minimize impacts. These measures do not exclude the use of other, equally effective mitigation measures. Potentially Applicable. As adopted by the Council (Resolution No. 2019-43, December 17, 2019), based on its precise terminology (“required”), to the extent that the 2040 General Plan/CAP/FPEIR is deemed applicable thereto, PMM AQ-1 would appear to constitute a mandatory PPM. In accordance therewith, PMM AQ-1, it has been included as a project-level mitigation measure herein. 7.1.d Packet Pg. 121 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 16 Addendum Table A-2 (Continued) 2021 PROPOSED REVISED BCBP ADOPTED/REVISED/PROPOSED MITIGATION MEASURES No. Project-Level Mitigation Measures 2021 Proposed Revised BCBP 2040 General Plan/CAP/FPEIR/MRMP (Continued) PMM AQ-1 (Cont.)  Require all off-road diesel equipment greater than 50 horsepower (hp) used for this project to meet current USEPA standards, which are currently Tier 4 final off-road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) devices including a California Air Resources Board certified Level 3 Diesel Particulate Filter (DPF) or equivalent. This DPF will reduce diesel particulate matter and NOX emissions during construction activities.  Require a minimum of 50 percent of construction debris be diverted for recycling.  Require building materials to contain a minimum 10 percent recycled content. Require materials such as paints, primers, sealants, coatings, and glues to have a low volatile organic compound concentration compared to conventional products. If low VOC materials are not available, architectural coating phasing should be extended sufficiently to reduce the daily emissions of VOCs. Method of Verification: Include in project conditions of approval. PMM AQ-2 Future development. Under the [2040 General Plan/CAP] Proposed Project, future development would be required to demonstrate consistency with SCAQMD’s operational thresholds. For projects where operational emissions exceed regulatory thresholds the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of their project.  Develop a project specific TDM program for residents and/or employees that provides opportunities for carpool/vanpools.  Provide onsite solar/renewable energy in excess of regulatory requirements.  Require that owners/tenants of nonresidential or multi-family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties.  Require dripless irrigation and irrigation sensor units that prevent watering during rain storms.  Ensure all parking areas are wired capability of future EV charging and include EV charging stations that exceed regulatory requirements. Method of Verification: Include in project conditions of approval. Potentially Applicable. As adopted by the Council, (Resolution No. 2019-43, December 17, 2019) as part of its CEQA obligations for the 2040 General Plan/ CAP, based on its precise terminology (“required”), to the extent that the 2040 General Plan/CAP/FPEIR is deemed applicable thereto, PMM AQ-2 would appear to constitute a mandatory PPM. In accordance therewith, PMM AQ-2, as revised to reflect the 2021 Proposed Revised BCBP, it has been included as a project-level mitigation measure herein. PMM BIO-1A Preconstruction Surveys for Special-Status Plants: To mitigate impacts on special status plant species, the applicant shall implement the following measures:  Prior to initiating disturbance activities, clearance surveys for special-status plant species shall be performed by a qualified biologist(s) within the boundaries of the future project disturbances. If any special-status plants are found on the Planning Area, a qualified biologist(s) with a CDFG Scientific Collection Permit shall prepare a plan to relocate these species to suitable habitats within surrounding public open space areas that would remain undisturbed. For those species that cannot be physically transplanted, the biologist(s) shall collect seeds from the plants. (Note: Lilies generally can be transplanted in bulb-form.)  To the extent feasible the preconstruction surveys shall be completed when species are in bloom, typically between May and June and reference populations checked. Two species, the white rabbit-tobacco and San Bernardino aster, are perennial herbs that grow up to three feet in height and can be identified by their dried stalks and leaves following their blooming period. Method of Verification: Submittal of preconstruction surveys. Delete /Not Applicable. Notwithstanding its adopted by the Council (Resolution No. 2019-43, December 17, 2019) as part of its CEQA obligations for the 2040 General Plan/ CAP, because the project site has been previously cleared, there appears no likelihood that any “special-status plant species” would exist thereupon. However, as adoptedl, based on its precise terminology (“shall”), to the extent that the 2040 General Plan/CAP/ FPEIR is deemed applicable thereto, PMM BIO-1A would appear to constitute a mandatory PPM. In accordance therewith, PMM BIO-1A, it has been included as a project-level mitigation measure herein. Should the 2021 Proposed Revised BCBP be approved or conditionally approved, the Department intends to request that the Council neither include this PMM in the 2021 Proposed Revised BCBP/Addendum/MRMP nor as a condition of project approval. 7.1.d Packet Pg. 122 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 17 Table A-2 (Continued) 2021 PROPOSED REVISED BCBP ADOPTED/REVISED/PROPOSED MITIGATION MEASURES No. Project-Level Mitigation Measures 2021 Proposed Revised BCBP 2040 General Plan/CAP/FPEIR/MRMP (Continued) PMM CULT-2 Prior to development of a project that involves ground disturbance, the project proponent shall retain a qualified archaeologist, defined as meeting the Secretary of the Interior’s Professional Qualification Standards for archaeology, to conduct an archaeological resources assessment including: a records search at the South Central Coastal Information Center; a Sacred Lands File search at the Native American Heritage Commission; a pedestrian field survey; recordation of all identified archaeological resources on California Department of Parks and Recreation 523 forms; an assessment of the project area’s archaeological sensitivity and the potential to encounter subsurface archaeological resources and human remains; subsurface investigation to define the horizontal and vertical extents of any identified archaeological resources; and preparation of a technical report documenting the methods and results of the study. All identified archaeological resources shall be assessed for the project’s potential to result in direct and/or indirect effects on those resources and any archaeological resource that cannot be avoided shall be evaluated for its potential significance prior to the City’s approval of project plans and publication of subsequent CEQA documents. Delete / Not Applicable. Notwithstanding its adopted by the Council (Resolution No. 2019-43, December 17, 2019) as part of its CEQA obligations for the 2040 General Plan/ CAP, with the City’s issuance of a rough grading permit associated with the 2019 Approved BCBP, this program-level mitigation measure was effectively implemented and no longer remains applicable to the 2021 Proposed Revised BCBP. No further compliance therewith is, therefore, deemed by the Department to be required. Notes: 1. Resolution No. 2019-40 (A Resolution of the City Council of the City of Diamond Bar, California Approving the Mitigated Negative Declaration and Adopting the Mitigation Reporting and Monitoring Program for the Brea Canyon Business Park Project Located at 850 S. Brea Canyon Road, Diamond Bar, California Associated with Planning Case No. PL2017-169 [Assessors Parcel Number 8719-013-017]), adopted November 19, 2019. 2. Ordinance No. 04(2019) (An Ordinance of the City Council of the City of Diamond Bar, California, Amending Title 15 of the Diamond Bar City Code and Adopting by Reference, the 2019 California Building Code, Volumes 1 and 2, Including Chapter 1 Division II, and Appendices C, I, and J Thereto, the 2019 California Mechanical Code, and the Appendices Thereto, the 2019 California Plumbing Code, and the Appendices Thereto, the 2019 California Electrical Code, and the Appendices Thereto, the 2019 California Residential Code, Including Appendices HY, J, K, and O Thereto, and the 2019 California Green Building Code, without the Appendices Thereto, and Title 26 of the Los Angeles County Building Code, and the Uniform Housing Code Together with Certain Amendments, Additions, Deletions and Exceptions), adopted December 3, 2019. 3. Resolution No. 2019-43 (A Resolution of the City Council of the City of Diamond Bar, California Certifying the Final Environmental Impact Report (SCH No. 2018051066), Adopting Findings of Fact and a Statement of Overriding Considerations, and Approving the Mitigation Monitoring and Reporting Program for the Diamond Bar General Plan Update and Climate Action Plan), adopted December 17, 2019. Source: Community Development Department This document analyzes whether any subsequent environmental review is required. Specifically, this document evaluates whether the 2021 Proposed Revised BCBP would result in any new significant impacts or a substantial increase in the severity of previously identified significant impacts (Section 21166, PRC; Section 15162, State CEQA Guidelines). If subsequent environmental review is not required (meaning a subsequent EIR, supplemental EIR or subsequent mitigated negative declaration are not required), that conclusion may be documented in an addendum (Section 15164, State CEQA Guidelines). 3.1 Aesthetics Except as provided in Section 21099 of the Public Resources Code, would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Have a substantial adverse effect on a scenic vista? 3.0 ENVIRONMENTAL ANALYSIS 7.1.d Packet Pg. 123 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 18 Addendum (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings, within a State scenic highway? (c) In non-urban areas, substantially degrade the existing visual character or quality of public view of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? (d) Create a new source of substantial light or glare that would adversely affect daytime or nighttime views in the area?  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: As indicated in the 2019 Approved BCBP/MND there are no scenic vistas, scenic highways, and/or scenic resources in the general project area that would be impacted by the site’s development. Relative to aesthetics, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND and no conditions of approval were adopted by the Council in Resolution No. 2019-40 (November 19, 2019). Additionally, none of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. As compared to the 2019 Approved BCBP, the implementation of the 2021 Proposed Revised BCBP will slightly alter the existing visual character along S. Brea Canyon Road. The 2021 Proposed Revised BCBP replaces the 1-story multitenant building associated with the 2019 Approved BCBP with a 1-story, 6,500 GSF single or multitenant “retail/restaurant” (“QSR-1”) building, including the introduction of: a “fast-food restaurant” (with “drive thru”); one or more additional unspecified “restaurants” and/or other “retail” uses therein; and the exterior signage associated therewith. Additionally, the 2021 Proposed Revised BCBP calls for the refurbishment of an existing, elevated sign to include a double-faced “quick service restaurant identification pylon sign” adjacent to the SR-60 (Pomona) Freeway. Because it is located on private property, no permit relating thereto is required from the California Department of Transportation (Caltrans). That freeway-adjacent signage is located in close proximity to the elevated freeway overcrossing of Brea Canyon Road and would, therefore, not impede any existing viewsheds. Numerous other existing elevated signs (e.g., McDonalds [21095 Golden Springs Drive, Diamond Bar] and In-n-Out Burger [21133 Golden Springs Drive, Diamond Bar]) are visible from the SR-60 (Pomona) Freeway in the general project area. Excluding passing vehicles traveling along the freeway, no sight-lines originating from either an on-site or off-site vantage point would be directly impacted. Typical freeway views in the general project area are those of an urban setting. 7.1.d Packet Pg. 124 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 19 Based on the presence of numerous low-rise buildings in the general project area, the presence of a single-story building, such as the proposed “retail/restaurant” (“QSR-1”) building (“Parcel 2”), would be visually less dominant that either the 3-story “medical office” (“O-1”) building (“Parcel 1”) or the 4-story “hotel” (“H-1”) (“Parcel 3”). Based on reduced bulk, the proposed reduction in square footage (from 8,900 to 6,500 GSF) would enhance that structure’s compatibility with the existing Brea Canyon Road streetscape. With regards to the 2021 Proposed Revised BCBP, absent the presence of any scenic vistas and/or scenic resources, aesthetic-related issues are primarily associated with the introduction of outdoor lighting. ♦ Outdoor Lighting. Pole-mounted exterior lighting plans, which generally serve to illuminate “hardscape” areas (e.g., parking lot, driveway, and walkways), and low-level security, building, and landscape illumination remain generally as depicted in the 2019 Approved BCBP/MND. The project site is located in an urban setting and pole-mounted street lighting and a relatively large volume of traffic is currently present along Brea Canyon Road. The implementation of the 2021 Proposed Revised BCBP would not materially change on-site lighting levels or adversely impact off-site areas. Residential uses located to the north of the project site experience lower light levels. Because those uses are separated from the project site by an existing 50-foot-wide flood control channel, no direct light intrusion from the proposed development is anticipated thereupon. Focusing on outdoor lighting, the 2019 Approved BCBP/MND described the implications of Section 130.0 (Lighting Systems and Equipment, and Electrical Power Distribution Systems – General) in Subchapter 4 (Nonresidential, High-Rise Residential; and Hotel/Motel Occupancies – Mandatory Requirements for Lighting Systems and Equipment, and Electrical Power Distribution Systems) of the 2016 “Building Energy Efficiency Standards for Residential and Nonresidential Buildings, 2016 Edition” (Title 24, Part 6, CCR) (June 2015) (2016 BEES). In accordance therewith, newly constructed nonresidential, high-rise residential, hotel/motel buildings, outdoor lighting, and electrical power distribution systems shall comply with the applicable provisions of Sections 130.0 through 130.5. The California Energy Commission (CEC) updates the “California Building Energy Efficiency Standards” on a three-year cycle. The 2019 “Building Energy Efficiency Standards for Residential and Nonresidential Buildings” (CEC-400-2018-020-CMF) (December 2018) (2019 BEES) went into effect on January 1, 2020 for building permit applications submitted on or after that date. Chapter 6 (Outdoor Lighting) of the CEC’s “2019 Nonresidential Compliance Manual” (January 2019) covers the requirements for nonresidential outdoor lighting systems for compliance with Title 24, Part 6 (California Energy Code) and relates to design, installation, luminaires, and lighting controls. Compliance therewith will reduce off-site light intrusion (light trespass) and glare. As indicated in Section 140.7 (Prescriptive Requirements for Outdoor Lighting) of the 2019 BEES, the allowed outdoor lighting shall be calculated according to “outdoor lighting zone” in Title 24, Part 1, Section 10-114. Table 10-114-A (Lighting Zone Characteristics and Rules for Amendments by Local Jurisdictions) therein specifies the 7.1.d Packet Pg. 125 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 20 Addendum relative ambient illumination level and the Statewide default location for each lighting zone (LZ).17 The project area is located in “Light Zone 3.” Excessive and misdirected outdoor lighting has the potential to produce the greatest aesthetic impacts. Similar to the 2016 BEES, Subchapter 4 (Nonresidential, High-Rise Residential, and Hotel/Motel Occupancies – Mandatory Requirements for Lighting Systems and Equipment, and Electrical Power Distribution Systems) of the 2019 BEES established standards for outdoor lighting systems and equipment in nonresidential, high-rise residential, and hotel/motel buildings. Section 130.2 (Outdoor Lighting Controls and Equipment) of 2019 BEES outlines specific requirements relating thereto. Under Section 130.2(c) (Controls for Outdoor Lighting), outdoor lighting for parking and other common outdoor hardscape areas shall be independently controlled from other electrical loads and controlled in a manner designed to accomplish different types of energy savings, including: ◊ Daylight controls to ensure that lights are turned off during day light hours using photocontrol astronomical time-switch or other controls (Section 130.2[c][1]); ◊ Automatic scheduling controls capable of reducing the outdoor lighting power by at least 50 percent and separately capable of turning the lighting off during scheduled unoccupied periods (Section 130.2[c][2][A]); and ◊ Scheduling of a minimum of two nighttime periods with independent lighting levels. Outdoor lighting of signage is regulated under Section 130.3 (Sign Lighting Controls) of the 2019 BEES. All outdoor sign lighting that is on both day and night shall be controlled with a dimmer that provides the ability to automatically reduce sign lighting power by a minimum of 65 percent during nighttime hours. As indicated in the “City of Diamond Bar Citywide Design Guidelines” (1998): These guidelines are to be applied in conjunction with development standards in implementing the City’s development review process. Although these guidelines are expected to be followed, they are general and may be interpreted with some flexibility in order to encourage creativity on the part of the project designer. . .Because Diamond Bar is predominantly built-out, new commercial development will consist primarily of infill projects and the expansion or remodeling of existing commercial centers. There will be few opportunities to “start from scratch.” However, elements of good design should be utilized in projects of any scale and are just as applicable to the remodeling or expansion of existing development as they are to large scale commercial projects.18 17/ The following summarizes the default locations for outdoor lighting zones as specified in Section 10-114 therein: Lighting Zone 0 (Undeveloped areas of government designated parks, recreation areas, and wildlife preserves); Lighting Zone 1 (Developed portions of government designated parks, recreation areas and wildlife preserves); Lighting Zone 2 (Rural areas); Lighting Zone 3 (Urban areas); Lighting Zone 4 (Special use districts created by a local government through application to the CEC. 18/ City of Diamond Bar, City of Diamond Bar Citywide Design Guidelines, Resolution No. 98-41, June 16, 1998, pp. 2 and 5. 7.1.d Packet Pg. 126 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 21 Relative to “site planning,” the Citywide Design Guidelines specifies, in pertinent part: ◊ Buildings should be sited to be compatible with surrounding development and reflect community character while suggesting uniqueness and quality. ◊ Adjacent residential and nonresidential uses should be segregated as is necessary to maintain a livable residential environment, by employment of masonry walls, landscaped berms, building orientation and activity limitations. ◊ Loading areas, access and circulation driveways, trash and storage areas, and rooftop equipment should be located as far as possible from adjacent residences and camouflaged where possible. The Citywide Design Guidelines are advisory and shall “be interpreted with some flexibility.” The 2021 Proposed Revised BCBP’s consistency with the Citywide Design Guidelines” will be addressed through the development review process. With regards to night-time illumination associated with the 2021 Proposed Revised BCBP, compliance with 2019 BEES and City standards will ensure that potential sky glow, light trespass, and glare-related impacts will remain at a less-than-significant level under CEQA. Because they represent mandatory measures, compliance with existing laws and regulations neither constitutes mitigation under CEQA nor are subject to CEQA’s mitigation monitoring or reporting requirements (Section 21081.6, CEQA; Section 15097, State CEQA Guidelines).  Additional References: ♦ California Building Standards Commission, 2019 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, July 2019. ♦ California Energy Commission, Building Energy Efficiency Standards for Residential and Nonresidential Buildings, CEC-400-2018-020-CMF, December 2018. ♦ California Energy Commission 2019 Nonresidential Compliance Manual for the 2019 Building Efficiency Standards, CEC-400-2018-018-CMF, January 2019. ♦ City of Diamond Bar, City of Diamond Bar Citywide Design Guidelines, Resolution No. 98-41, June 16, 1998. 3.2 Agricultural and Forestry Resources Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, 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 with a Williamson Act contract? 7.1.d Packet Pg. 127 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 22 Addendum (c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined by Section 12220[g], Public Resources Code [PRC]), timberland (as defined by Section 4526, PRC), or timberland zoned Timberland Production (as defined by Section 51104[g], CGC)? (d) Result in the loss of forest land or conversion of forest land to non-forest use? (e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?  Preliminary Determination: No Impact  Findings of Fact: Relative to agricultural and forestry resources, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council in Resolution No. 2019-40 (November 19, 2019). Additionally, none of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. As more thoroughly described in the 2019 Approved BCBP/MND, as mapped by the United States Department of Agriculture’s (USDA) Natural Resources Conservation Service (NRCS) and the California Department of Conservation (DOC) the project site is not designated as “prime farmland,” “farmland of Statewide Importance,” “unique farmland,” “farmland of local importance,” and/or “grazing land.” The DOC’s Division of Land Resources Protection (CDLRP) administers the “Farmland Mapping and Protection Program” (FMMP), including preparation of “Important Farmland Maps” (IFMs). No inventoried areas exist upon or in close proximity to the project site. As depicted on the most recent CDLRP-prepared IFM for Los Angeles County (2018), the project site is designated “urban and built-up land,” defined as land that is “occupied by structures with a building density of at least 1 unit per 1.5 acres or approximately 6 structures to a 10-acre parcel. Common examples include residential, industrial, commercial, institutional facilities, cemeteries, airports, golf courses, sanitary landfills, sewage treatment, and water control structures.” The 2021 Proposed Revised BCBP would not impact to agricultural and forestry resources.  Additional References: ♦ California Department of Conservation, Farmland Mapping and Monitoring Program, Important Farmland Maps, Los Angeles South, Sheet 2 of 2, November 2020 (https://www.conservation.ca.gov/dlrp/fmmp/Pages/LosAngeles.aspx). 7.1.d Packet Pg. 128 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 23 3.3 Air Quality19 Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Conflict with or obstruct implementation of the applicable air quality plan? (b) 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 standard? (c) Expose sensitive receptors to substantial pollutant concentrations? (d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?  Preliminary Determination: Less-than-Significant with Mitigation Incorporated 20  Findings of Fact: As indicated in the 2019 Approved BCBP/MND, the approval, construction, operation, and use of the 2019 Approved BCBP would potentially expose sensitive receptors to significant concentrations of pollutants and odors. In response, the City previously adopted the following mitigation measures (Resolution No. 2019-40, November 19, 2019). Although the 2021 Proposed Revised BCBP is not anticipated to produce significant project-specific air quality impacts, relative to the overall development of the project site, each of the following adopted project-level mitigation measures remain relevant to and would be imposed on the 2021 Proposed Revised BCBP: ♦ MM-4. Construction Air Quality. Relative to construction-term air quality impacts, all site preparation and earthmoving activities shall be subject to three times, rather than twice, daily watering. ♦ MM-5. Construction Air Quality. Relative to construction-term air quality impacts, all heavy earthmoving equipment (e.g., graders, scrapers, heavy dozers) in excess of 240 horsepower shall be equipped with a Level 1 diesel particulate filter. ♦ MM-6. Operational Air Quality. The Applicant shall equip all structures with ventilation units with particulate filters with a rating of not less than Minimum Efficiency Reporting Value (MERV) 8 as recommended by the United States Environmental Protection Agency for automobile emission particles used in the 19/ Greenhouse gas (GHG) emissions are separately addressed in Section 3.8 (Greenhouse Gas Emissions). 20/ Prior to mitigation, the 2019 Approved BCBP/MND concluded that the 2019 Approved BCBP would potentially produce the following significant air quality impacts: (1) expose sensitive receptors to substantial pollutant concentrations; and (2) result in other emissions adversely affecting a substantial number of people. Although the 2021 Proposed Revised BCBP will not, in and of itself, produce additional or exacerbate any identified significant air quality impacts, it will incrementally contribute to those identified environmental effects. 7.1.d Packet Pg. 129 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 24 Addendum protection of superior residential and better commercial structures, including hospital laboratories. ♦ MM-7. Operational Air Quality. The hotel (Lot 3, Tentative Parcel Map No. 82066) and the general and medical office building (Lot 1, Tentative Parcel Map No. 82066) shall have their ventilation intakes located along their north sides of those buildings. In addition, relating to air quality, a number of potentially relevant PMMs were included in 2040 General Plan/CAP/FPEIR and adopted by the Council (Resolution No. 2019-43, December 17, 2019). The following adopted program-level mitigation measures initially appear directly relevant to the 2021 Proposed Revised BCBP: ♦ PMM-AQ-1. Construction Features. Future development projects implemented under the [2040] General Plan will be required to demonstrate consistency with SCAQMD construction emission thresholds. Where emissions from individual projects exceed SCAQMD thresholds, the following measures shall be incorporated as necessary to minimize impacts. These measures do not exclude the use of other, equally effective mitigation measures. ◊ Require all off-road diesel equipment greater than 50 horsepower (hp) used for this project to meet current USEPA standards, which are currently Tier 4 final off-road emission standards or equivalent. Such equipment shall be outfitted with Best Available Control Technology (BACT) devices including a California Air Resources Board certified Level 3 Diesel Particulate Filter (DPF) or equivalent. This DPF will reduce diesel particulate matter and NOX emissions during construction activities. ◊ Require a minimum of 50 percent of construction debris be diverted for recycling. ◊ Require building materials to contain a minimum 10 percent recycled content. ◊ Require materials such as paints, primers, sealants, coatings, and glues to have a low volatile organic compound concentration compared to conventional products. If low VOC materials are not available, architectural coating phasing should be extended sufficiently to reduce the daily emissions of VOCs. ♦ PMM-AQ-2. Future development. Under the [2040 General Plan/CAP] Proposed Project, future development would be required to demonstrate consistency with SCAQMD’s operational thresholds. For projects where operational emissions exceed regulatory thresholds the following measures may be used to reduce impacts. Note the following measures are not all inclusive and developers have the option to add or substitute measures that are equally or more appropriate for the scope of their project. ◊ Develop a project specific TDM program for residents and/or employees that provides opportunities for carpool/vanpools. ◊ Provide onsite solar/renewable energy in excess of regulatory requirements. ◊ Require that owners/tenants of nonresidential or multi-family residential developments use architectural coatings that are 10 grams per liter or less when repainting/repairing properties. ◊ Require dripless irrigation and irrigation sensor units that prevent watering during rain storms. 7.1.d Packet Pg. 130 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 25 ◊ Ensure all parking areas are wired capability of future EV charging and include EV charging stations that exceed regulatory requirements. Based on the Department’s further review, none of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP and have not been incorporated herein. Although the 2021 Proposed Revised BCBP is not anticipated to produce significant air quality impacts, relative to the overall development of the project site, each of the above referenced project-level mitigation measures remain applicable to the 2021 Proposed Revised BCBP. Absent significant air quality impacts, the program-level mitigation measures are not, therefore, applicable to the 2021 Proposed Revised BCBP. Rough grading activities associated with the implementation of the 2019 Approved BCBP have already commenced under the authority of City-issued permits and pursuant to those conditions of approval associated therewith. Although a revised grading plan has not been presented for the Department’s review, only relatively minor changes thereto would be required to accommodate the 2021 Proposed Revised BCBP. As described below, construction-term air quality impacts attributable to those operations would be less than those associated with the 2019 Approved BCBP. As indicated in Table A-1 (Comparative Limited Development Analysis – 2019 Approved BCBP and 2021 Proposed Revised BCBP [September 8, 2021]), although a change in authorized land uses is proposed, the total square footage of all on-site development would increase by only 385 square feet (from 118,471 to 118,856 GSF), representing an increase of only about 0.32 percent (385/118,471 = 0.32). From an air quality perspective, that minimal increase is deemed by the Department to be de minimis for both construction and operational air quality impacts. Because the construction-term air quality analysis presented in the 2019 Approved BCBP/MND remains generally relevant hereto, no further construction-related emissions modeling has been included herein. With mitigation, construction air quality impacts would, therefore, be less than significant. Operationally, the “Revised Traffic Impact Analysis Report Addendum – Brea Canyon Business Center, Diamond Bar, California” (Linscott Law & Greenspan, August 6, 2021, November 4, 2021, January 13, 2022) (2021 Proposed Revised BCBP/TIA) addressed the traffic-related impacts associated with the 2021 Proposed Revised BCBP. With potential relevancy to air quality, information from that study, including the implications thereof, include: ♦ After calculating for internal capture and pass-by trip reductions, on a “typical weekday,” the 2021 Proposed Revised BCBP has a total trip forecast of 3,735 ADT, with 216 trips produced in the AM peak hour and 287 trips produced in the PM peak hour on a typical weekday. ♦ When compared to the 2019 Approved BCBP, the 2021 Proposed Revised BCBP would produce an estimated 1,658 more daily vehicle trips, including 60 additional AM and 100 additional PM peak hour trips, respectively. Mobile source operational emissions would, therefore, increase by an estimated 44.4 percent (1,658/3,735 = 44.39) over those associated with the 2019 Approved BCBP. 7.1.d Packet Pg. 131 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 26 Addendum As extracted from the 2019 Approved BCBP/MND (Table AQ-6 [Comparison of Projected Daily Operational Emissions and Daily Criteria Values]), Table A-3 (2021 Proposed Revised BCBP - Projected Daily Operational Criteria Emissions) presents a projection of the estimated operational emissions attributable to the 2021 Proposed Revised BCBP. Since mobile-source emissions constitute the greatest contributor to operational air quality impacts, retaining all other emission sources as a constant, based on the projected increase in ADT, mobile source emissions have been increased by 44.4 percent over those associated with the 2019 Approved BCBP. As noted therein, projected operational emissions attributable to the 2021 Proposed Revised BCBP remain substantially below threshold of significance standards. Table A-3 2021 PROPOSED REVISED BCBP PROJECTED DAILY OPERATIONAL CRITERIA EMISSIONS (pounds/day) Source ROG NOx CO SO2 PM10 PM2.5 Mobile Sources1 3.79 18.60 45.24 0.15 11.66 3.22 44.4% Increase over 2019 Approved BCBP2 1.68 8.26 20.09 0.07 5.18 1.43 Revised Mobile Source Emissions 5.47 26.86 65.33 0.22 16.84 4.65 Natural Gas1,3 0.06 0.56 0.47 0.00 0.04 0.04 Structural Maintenance1,3 0.32 0.00 0.00 0.00 0.00 0.00 Consumer Products1 2.42 0.00 0.00 0.00 0.00 0.00 Landscape Maintenance1 0.00 0.00 0.02 0.00 0.00 0.00 Total Daily Emissions 1 6.59 19.16 45.73 0.15 11.70 3.26 Revised Daily Emissions 8.27 27.42 65.82 0.37 16.88 4.69 SCAQMD Threshold of Significance 55 55 550 150 150 55 Exceeds Threshold? No No No No No No Notes: 1. As identified in the 2019 Approved BCBP/MND. 2. Based on the projected increase in “typical” weekday ADT reported in the “Revised Traffic Impact Analysis Report Addendum – Brea Canyon Business Center, Diamond Bar, California” (August 6, 2021, November 4, 2021, January 13, 2022) as compared to the 2019 Approved BCBP. 3. The total square footage of all on-site development would increase by only 385 gross square feet (from 118,471 to 118,856 GSF), representing an increase of only about 0.32 percent. From an air quality perspective, that minimal increase is deemed by the Department to be de minimis. Source: Community Development Department Neither the construction nor the operation of the 2021 Proposed Revised BCBP is projected to exceed the daily threshold values formulated by the South Coast Air Quality Management District (SCAQMD). Additionally, as indicated in the analysis presented in the 2019 Approved BCBP/MND, with mitigation, the 2021 Proposed Revised BCBP would not result in significant localized air quality impacts. As such, the proposed project is consistent with the goals of the most recent “Air Quality Management Plan” (March 3, 2017) and, in that respect, does not present a significant air quality impact. Unlike the 2019 Approved BCBP, the 2021 Proposed Revised BCBP introduces both single or multitenant “restaurants,” including the operation of a “drive-thru” lane where customers can order and pick-up food orders. Two new air quality issues are introduced as a result of those uses and those operations, namely vehicle idling within the “drive-thru” aisle and odors attributable to the cooking of food. Both issues are separately addressed below. 7.1.d Packet Pg. 132 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 27 ♦ Vehicle Idling. Queuing vehicles, stacked in the “drive-thru” aisle, release mobile source emissions. As reported in the “Journal of Civil and Environmental Engineering” (January 2016): Drive-thru users at fast food restaurants stay in their vehicle and have the engine running instead of walking into the restaurant to place an order for food or beverage. Although the drive-thrus are convenient, and they save time for customers, they may have negative impacts on the air quality. Idling vehicles waiting in lines at drive-thru facilities waste gas, harm air quality, and increase greenhouse gas emissions. A significant number of byproducts of burning fossil fuel may be produced during idling, which include carbon dioxide (CO2), carbon monoxide (CO), oxides of nitrogen (NOX) and volatile organic compounds. . .Most people do not know that a vehicle that is idle at a drive-through facility and wait for a long period of time produces a considerable amount of emission.21 Serving one or more restaurants, proposed is a single “drive-thru” aisle. Although the length of the “drive-thru” aisle is not identified, the Applicant depicts a queuing capacity of about 13 vehicles prior to potential interference attributable to additional vehicles with other on-site parking and circulation patterns. California’s anti-idling restrictions (Section 2485, CCR) do not currently apply to passenger vehicles; however, as a larger portion of the future vehicles operating on southern California’s roadways become electrical-powered, vehicle exhaust emissions should decrease over time. In order to reduce mobile-source exhaust emissions, the Federal Highway Administration (FHWA) recommends turning off vehicle engines when operating within “drive-thru” aisles.22 The City does not, however, have the statutory authority to either mandate or enforce that recommendation. Any localized increase in mobile-source emission attributable to queuing vehicles would be minimal since vehicle exhausts are already prevalent in the general project area due to the project site’s proximity to the Pomona (SR-60) Freeway, Brea Canyon Road, and Lycoming Street. The 2021 Proposed Revised BCBP’s contributions thereto would be less than significant. ♦ Odors. Vehicles utilizing the “drive-thru” would emit odors in the form of exhaust emissions (e.g., sulfur dioxide). Any localized increase in odorous mobile-source emission from vehicle exhaust would be minimal since vehicle exhausts are already prevalent in the general project area. In addition to vehicles traveling along the freeway and proximal streets, an existing “ARCO/AM/PM” (790 S. Brea Canyon Road) gasoline station is located at the northeastern corner of Brea Canyon Road and Lycoming Street. Many existing sensitive receptors located within the general project area are located within 200 feet of those sources. As a result, any incremental increase is deemed by the Department to be de minimis. 21/ Hill, K., Fengxiang, Q., Azimi, M., and Yu, L., An Evaluation of the Effects of Drive-Through Configuration on Air Quality at Fast-Food Restaurants, Journal of Civil and Environmental Engineering, Vol. 6, No. 3, January 2016 (https://pdfs.semanticscholar.org/eda2/c11f55a6590adf2c0aa680146cbda1821c81.pdf). 22/ United States Environmental Protection Agency, Emission Facts: Idling Vehicle Emissions, EPA420-F-98- 014, 1998. 7.1.d Packet Pg. 133 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 28 Addendum Odors, by their very existence” are neither “good” or “bad” nor are personal perceptions relating thereto universally held. Relative to food-related odors, certain smells (e.g., bread and coffee) may be viewed by many as more favorably than odors associated with other food (e.g., fast-food grease). Although no numeric odor concentration thresholds are presented therein, odors are regulated, in part, by the SCAQMD through Rule 402 (Nuisance). As specified: A person shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property Cooking is recognized as an important source of particulate pollution in indoor and outdoor environments. The processes used in cooking, such as frying, roasting, grilling, boiling, and broiling, contribute to particle emissions. With regards to the 2021 Proposed Revised BCBP, only limited information is presently available concerning the use of the proposed “retail/restaurant” (“QSR-1”) building (“Parcel 2”). For example, neither the number nor type of “restaurants” operating therein are known. Similarly, no information has been provided concerning the type or nature of mechanical equipment, including cooking equipment and exhaust systems, associated therewith. It can be reasonably assumed that the proposed “fast-food restaurant” will utilize either a charbroiler or flat griddle to cook meat. The SCAQMD’s “Rule 1138: Control of Emissions from Restaurant Operations” (November 14, 1997) applies to owners and operators of commercial cooking operations, preparing food for human consumption. The rule currently applies to chain-driven commercial charbroilers23 used to cook meat. Under the rule, chain-driven charbroilers that cook 875 pounds of meat or more per week must be equipped and operated with a catalytic oxidizer control device. The combination charbroiler/catalyst must be tested and certified by SCAQMD to reduce particulate matter (PM) and volatile organic compound (VOC) emissions.24 PMs regulated under Rule 1138 are made up of oil aerosol particles approximately 100 to 200 nanometers (nm) in size, produced from fat-containing meat during the cooking process. In response to this rule, regulated chain-driven charbroilers are now outfitted with high temperature oxidation catalysts located just above the hot cooking surface, mitigating these nanometer-scale oil aerosol particles. While chain-driven charbroilers 23/ “Charbroilers” are defined therein to mean “a cooking device composed of the following three major components: a grated grill, a high-temperature radiant surface and a heat source” (SCAQMD, Rule 1138). 24/ Commercial under-fired charbroilers (UFCs), which are similar to a home BBQ, employing a metal grill with a heat source below and venting exhausts through a restaurant’s hood system, are not regulated under SCAQMD Rule 1138. As reported in the Federal Register: “Several times over the past 20 years and most recently in 2009, the [South Coast Air Quality Management] District considered amending Rule 1138 to regulate PM emissions from UFCs, but to date the District has not identified control measures for UFCs that are both technologically and economically feasible for implementation in the South Coast. Although the Bay Area Air Quality Management District (BAAQMD) and New York City Department of Environmental Protection (NYDEP) have adopted rules that require controls for UFCs, neither agency has yet confirmed that any regulated sources that are subject to its rules have successfully installed and operated certified UFC control technologies” (85 FR 40026-40057, July 2, 2020). 7.1.d Packet Pg. 134 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 29 are primarily used in large fast-food restaurants, an estimated 85 percent of total restaurant smoke emissions are produced by open underfire charbroilers.25 Studies conducted by the University of California, Pomona prior to the rule’s adoption found that underfired charbroiling is the cooking method producing the largest amount of emissions (both PM and VOC) from all appliances tested. The wide range of emissions from underfired charbroiling depends on the type of food cooked. Hamburger meat (25 percent fat content) produced the most PM emissions (average 32.65 pounds PM/1,000 pounds cooked). Fish gave the least amount of emissions (averaging 3.3 pounds PM/1,000 pounds cooked), with chicken in the midrange (averaging 10.48 pounds PM/1,000 pounds cooked). Similarly, VOC emissions ranked the same, with hamburger producing the most, fish the least, and chicken in between. The physical and chemical composition of the PM was not analyzed but other researchers have shown that the decomposition of fat, meat tenderizers, and other meat additives causes the release of gaseous organics (aldehydes, alcohols, organic acids, and nitrogen and sulfur compounds). As reported in the “Journal of Atmospheric Chemistry and Physics” (2021): Organic aerosol (OA) has important impacts on air quality, climate, and human health. OA is often composed of thousands of organic compounds formed from a variety of sources. In urban areas, particulate emissions from food cooking account for a significant fraction of OA. Furthermore, volatile organic compounds (VOCs) are also emitted, and they can undergo oxidation and form secondary organic aerosol (SOA). Recent studies have reported the formation of SOA from meat charbroiling and heated cooking oils. Therefore, food cooking activities have substantial impacts on air quality in and downwind of urban areas. The emission of VOCs from cooking is highly variable and depends on a number of factors such as cooking style, food, ingredients, and temperature. Of the different classes of VOCs characterized in these studies, aldehydes have been shown to be the major group of VOCs emitted from cooking oils. These VOCs are chemically produced upon heating via peroxyl radical reactions of the fatty acids.26 Relative to pre-rule emissions, implementation of Rule 1136 has resulted in emission reductions, a decrease in visible emissions violations for this industry, and has alleviated odor and smoke complaints against restaurants operating in residential neighborhoods.27 25/ Yang, S., Ford, P., Subramanian, S., Singleton, D., Sanders, J., Cronin, S.B., Transient Plasma-Enhanced Remediation of Nanoscale Particulate Matter in Restaurant Smoke Emissions via Electrostatic Precipitation, Particuology, Vol., 55, 2021, pp. 43-47 (https://www.sciencedirect.com/science/article/abs/pii/S1674200120300742?via%3Dihub). 26/ Takhar, M., Li Y., and Chan, A.W.H., Characterization of Secondary Organic Aerosol from Heating-Cooking- Oil Emissions in Composition and Volatility, Journal of Atmospheric Chemistry and Physics, Vol. 21, No. 6, pp. 5137- 5149April 1, 2021 (https://acp.copernicus.org/articles/21/5137/2021/). 27/ Whynot, J., Quinn, G, Perryman, P, and Votlucka, P, Control of Fine Particulate (PM2.5) Emissions from Restaurant Operations, Journal of the Air & Waste Management Association, Vol. 49, No. 9, 1999, p. 95-99 (https://www.tandfonline.com/doi/pdf/10.1080/10473289.1999.10463886). 7.1.d Packet Pg. 135 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 30 Addendum As specified in Section 22.16.030 (Air Emissions), Title 22 (Development Code) of the DMBC: “Odor emissions. Land use activities that may produce odors or noxious matter (e.g., fumes, gases, vapors, etc.) shall comply with SCAQMD’s and regulations, including Rule 402 which prohibits the formation of an odor nuisance.” As further required, in part, in Section 8.16.550 (Placement of Containers for Collection), Title 8 (Health and Safety) of the DBMC: Except when placed out for collection purposes, containers shall be kept and maintained only in storage locations permitted by Title 22 of this code, as may be amended from time to time, or as specified by use permit or other entitlement for use. In addition, container lids shall be kept closed at all times to avoid the propagation of flies or other vectors and to control odors and the potential for wind-blown litter. In lieu of the approved “medical office” use on “Parcel 2,” the introduction of both a “fast-food restaurant” (with “drive-thru”) and one or more unspecified “restaurants” (collectively totaling 6,500 GSF) will introduce new potentially odor-generating uses on the northwestern portion of the project site, adjacent to the existing “Farmer Boys Restaurant” (810 Brea Canyon Road, Diamond Bar). It is noted that “Farmer Boys Restaurant” closely abuts existing residential units to the east, separated only by the restaurant’s parking lot and an existing County flood control channel. Unlike the 2021 Proposed Revised BCBP, “Farmer Boys Restaurant” is an existing use and not subject to the same siting considerations as may be applied to newly permitted uses. Odors are generally considered to be an annoyance rather than a health hazard. An individual’s reaction to a perceivable odor can range from psychological (e.g., irritation) to physiological (e.g., circulation and respiratory effects). The ability to detect odors varies considerable among the general population and can be quite subjective. Odors (odours) have been defined as: Odour is perceived by our brains in response to chemicals present in the air we breathe. Odour is the effect that those chemicals have upon us. Humans have sensitive senses of smell and they can detect odour even when chemicals are present in very low concentrations. Most odours are a mixture of many chemicals that interact to produce what we detect as an odour. Odour-free air contains no odorous chemicals whilst fresh air is usually perceived as being air that contains no chemicals or contaminants that could cause harm, or air that smells “clean.” Fresh air may contain some odour, but these odours will usually be pleasant in character such as the smell of freshly mown grass or sea spray. Different life experiences and natural variation in the population can result in different sensations and emotional responses by individuals to the same odorous compounds. Because the response to odour is synthesised in our brains, other senses such as sight and taste, and even our upbringing, can influence our perception of odour and whether we find it acceptable, objectionable or offensive.28 Unlike some uses where operational odors may be only occasionally noticeable beyond the property’s boundaries, subject to the application and efficacy of odor control and 28/ United Kingdom Department for Environment, Food and Rural Affairs, Guidance on the Control of Odour and Noise from Commercial Kitchen Exhaust Systems, January 2005 (https://www.gov.uk/government/organisations/department-for-environment-food-rural-affairs). 7.1.d Packet Pg. 136 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 31 ventilation systems associated therewith, based on exhausts attributable to cooking operations, odors emanating from the “fast-food restaurant” and from other unspecified “restaurants” may be evident during all hours of operation. Certain distinctive smells are inherently a part of the urban and rural environments. With regards thereto, the term “smellscape” has been used to refer “to the overall smell environment, but with the acknowledgment that as human beings, we are only capable of detecting this partially at any one point of time, although we may carry a mental image or memory of the smellscape in its totality.” 29 It has been noted that: Fast food restaurants, specifically those production a high turnover of fried foods, release the most concentrated odour and grease emissions and require more sophisticated and complicated ventilation systems than other restaurant types. The large chain restaurants are well versed in dealing with legal requirements for ventilation, with their formulaic kitchen and restaurant layouts incorporating standard systems. However, many smaller independent businesses need detailed guidance from local officials to ensure compliance with equipment and maintenance requirements. Odours from fast food premises are commonly detected in urban environments, perceived in mixed terms and influenced by associations with brand identity and food types.30 Cooking odors are already present in the general project area. “Farmer Boys Restaurant” (810 Brea Canyon Road, Diamond Bar) is generally located at a comparable distance from proximal sensitive receptors located along Lycoming Street as associated with the proposed “retail/restaurant” (“QSR-1”) building (“Parcel 2”). Although the proposed “hotel” also includes food-service operations, absent an on-site restaurant readily available to non-hotel guests, it is anticipated that food preparation activities would be confined to limited hours and involve a limited menu. In addition, because the “hotel” is separated from the nearest residential receptor by a distance of approximately 246 feet and because kitchen exhausts would discharge above the roofline, cooking odors would be expected to be diluted to a non-perceptible level. Statewide regulatory provisions included in the California Retail Food Code (CRFC) relating to the control and abatement of odors include, but may not be limited to: ◊ Section 114149.1(a), CRFC. Mechanical exhaust ventilation equipment shall be provided over all cooking equipment as required to effectively remove cooking odors, smoke, steam, grease, heat, and vapors. All mechanical exhaust ventilation equipment shall be installed and maintained in accordance with the California Mechanical Code. ◊ Section 11425.1(a), CRFC. All refuse, recyclables, and returnables shall be kept in nonabsorbent, durable, cleanable, leakproof, and rodentproof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids or placement in a disposable bag that is impervious to moisture and then sealed. 29/ Henshaw, Victoria, Urban Smellscapes, Understanding and Designing City Smell Environments, 2014, p. 5. 30/ Ibid., p. 107. 7.1.d Packet Pg. 137 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 32 Addendum ◊ Section 11425.1(e), CRFC. Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents. ◊ Section 114276(c), CRFC. (1) Toilet rooms shall be separated by well-fitted, self-closing doors that prevent the passage of flies, dust, or odors. (2) Toilet room doors shall be kept closed except during cleaning and maintenance operations. Cooking odors (molecules) generated by the cooking of animal and vegetable matter results in an extremely complex mixture of PMs and VOCs. Although a small percentage of these odors may be found in grease particles, the vast majority of those odors exist separately in the air stream as vapor. Based on proximity to the Pomona (SR-60) Freeway and Brea Canyon Road and the presence of any existing “Farmer Boys Restaurant” (810 Brea Canyon Road, Diamond Bar) and “ARCO/AM/PM” (790 S. Brea Canyon Road) gasoline station, both automobile and cooking-related emissions are already present on and near the project site. Additionally, perceptible odors dissipate as the distance between the source and receptor increases or when intervening obstructions (e.g., building placement and landscaping) redirect air-borne particulates upward and/or away from receptor locations. The implementation of the 2021 Proposed Revised BCBP might incrementally contribute any associated odors but would not result in the introduction of new odors that are not presently present in the general project area. The minimum distance between the proposed “retail/restaurant” (“QSR-1”) building (“Parcel 2”) and the rear yard of the nearest residential receptor located along Lycoming Street (21048 Lycoming Street) is approximately 116 feet. The minimum distance between the proposed “outdoor dining area” associated therewith and the rear yard of the nearest residential receptor is about 104 feet. As proposed, a minimum 6-foot-tall solid, continuous, perimeter concrete masonry block (CMB) wall, or equivalent, shall be constructed along the property’s northern property line. In addition, extensive landscaping is proposed along the project site’s northern boundary. That wall and that landscape would help to dissipate and redirect cooking odors. With the incorporation of those mitigation measures identified in the 2019 Approved BCBP/MND, the construction and operation of the 2021 Proposed Revised BCBP will have less-than-significant air quality impacts under CEQA.  Additional References: ♦ California Department of Resources Recycling and Recovery, Short-Lived Climate Pollutants (SLCP): Organic Waste Reduction, Final Regulation Text, November 2020. ♦ Federal Interagency Committee on Noise, Federal Agency Review of Selected Noise Analysis Issues, August 1992 (https://fican1.files.wordpress.com/2015/10/reports_noise_analysis.pd). ♦ Hill, K., Fengxiang, Q., Azimi, M., and Yu, L., An Evaluation of the Effects of Drive- Through Configuration on Air Quality at Fast-Food Restaurants, Journal of Civil and Environmental Engineering, Vol. 6, No. 3, January 2016 (https://pdfs.semanticscholar.org/eda2/c11f55a6590adf2c0aa680146cbda1821c81.pdf). 7.1.d Packet Pg. 138 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 33 ♦ Henshaw, Victoria, Urban Smellscapes, Understanding and Designing City Smell Environments, 2014. ♦ HM Electronics, Drive-Thru Sound Levels from the Menu Board or Speaker Post, May 24, 2010 (https://www.sanjoseca.gov/home/showdocument?id=72389&t=637557406179286719).  Porteous, J. D., Smellscape, Progress in Physical Geography: Earth and Environment, Vol. 9, No. 3, 1985, pp. 356-378. ♦ Sisi Yang, Ford, P., Subramanian, S., Singleton, D., Sanders, J., Cronin, S.B., Transient Plasma-Enhanced Remediation of Nanoscale Particulate Matter in Restaurant Smoke Emissions via Electrostatic Precipitation, Particuology, Vol., 55, 2021, pp. 43-47 (https://www.sciencedirect.com/science/article/abs/pii/S1674200120300742?via%3Dihub) . ♦ Takhar, M., Li Y., and Chan, A.W.H., Characterization of Secondary Organic Aerosol from Heating-Cooking-Oil Emissions in Composition and Volatility, Journal of Atmospheric Chemistry and Physics, Vol. 21, No. 6, pp. 5137-5149April 1, 2021 (https://acp.copernicus.org/articles/21/5137/2021/). ♦ Whynot, J., Quinn, G, Perryman, P, and Votlucka, P, Control of Fine Particulate (PM2.5) Emissions from Restaurant Operations, Journal of the Air & Waste Management Association, Vol. 49, No. 9, 1999, p. 95-99 (https://www.tandfonline.com/doi/pdf/10.1080/10473289.1999.10463886). ♦ United States Environmental Protection Agency, Emission Facts: Idling Vehicle Emissions, EPA420-F-98-014, 1998. 3.4 Biological Resources Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (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 Wildlife (CDFW) or United States Fish and Wildlife Service (USFWS)? (b) Have a substantial adverse effect on any sensitive riparian habitat or other sensitive natural identified in local or regional plans, policies, regulations, or by the CDFW or USFWS? 7.1.d Packet Pg. 139 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 34 Addendum (c) Have a substantial adverse effect on State or federally-protected wetlands (including, but not limited to, marshes, vernal pools, coastal wetlands, etc.) through direct removal, filling, hydrological interruption, or other means? (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, Natural Community Conservation Plan, or other local, regional, or State habitat conservation plan?  Preliminary Determination: No Impact  Findings of Fact: No biological resource-related project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council (Resolution No. 2019- 40, November 19, 2019). None of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019) appear directly relevant to the 2021 Proposed Revised BCBP. With the initiation of rough grading operations associated with the 2019 Approved BCBP, grading and grubbing operations have resulted in direct disturbance to near-surface areas, including the location of the proposed “retail/restaurant” (“QSR-1”) building (“Parcel 2”). The general development footprint of the 2019 Approved BCBP and 2021 Proposed Revised BCBP are similar. Both projects call for the same number of buildings, in the same general locations, and at the same proposed heights. Potential impacts on both on-site and near- site biological resources have already fully manifested with the initiation of those grading activities. No additional biological resource impacts are, therefore, attributable to the 2021 Proposed Revised BCBP. As indicated in the documents accompanying the 2040 General Plan/CAP (Volume III: Existing Conditions Report Environmental Constraints and Opportunities; and Public Facilities, Services, and Utilities, January 10, 2017), the project site is depicted as “developed.” As defined therein: “Developed/urban areas have been physically altered to the point where they can no longer support native vegetation.”31 From a biological resource perspective, the 2021 Proposed Revised BCBP neither increases the area of physical disturbance nor results in the removal of any additional vegetation, including “protected trees” (Section 22.38.030, DBMC), beyond that disclosed in the 2019 31/ Dyett & Bhatia, Volume III - City of Diamond Bar General Plan Update – Existing Conditions Report Environmental Constraints and Opportunities; and Public Facilities, Services, and Utilities, Figure 2-1 (Habitats), January 10, 2017, pp. 13 and 16. 7.1.d Packet Pg. 140 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 35 Approved BCBP/MND. The project site does not contain habitat (including any riparian habitat) or any sensitive natural communities. Specifically, no “oak, walnut trees, or other small pockets of native habitat” exist on the project site. The site is not within any Habitat Conservation Plan, Natural Community Conservation Plan, and/or other approved local, regional, or State habitat conservation plan. Additionally, the 2021 Proposed Revised BCBP does not result in the disturbance of any additional “waters of the State” and/or “waters of the United States,” including wetlands. The construction and operation of the 2021 Proposed Revised BCBP will have no impact on biological resources.  Additional References: ♦ Dyett & Bhatia, Volume III - City of Diamond Bar General Plan Update – Existing Conditions Report Environmental Constraints and Opportunities; and Public Facilities, Services, and Utilities, Figure 2-1 (Habitats), January 10, 2017. 3.5 Cultural Resources Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Cause a substantial adverse change in the significance of a historical resource as pursuant to Section15064.5 in Title 14 of the California Code of Regulations? (b) Cause a substantial adverse change in the significance of an archaeological resource pursuant Section15064.5 in Title 14 of the California Code of Regulations? (c) Disturb any human remains, including those interred outside of dedicated cemeteries?  Preliminary Findings: Less-than-Significant Impact with Mitigation Incorporated 32  Findings of Fact: The general development footprints associated with the 2019 Approved BCBP and 2021 BCBP Proposed Revised BCBP are similar. Both projects call for the same number of buildings, in the same general locations, and at the same proposed heights. Excavation activities associated with the 2021 Proposed Revised BCBP will not occur at greater depths that associated with the 2019 Approved BCBP. 32/ Prior to mitigation, the 2019 Approved BCBP/MND concluded that the 2019 Approved BCBP would potentially produce the following significant cultural resource impacts: (1) cause a substantial adverse change in the significance of a historical resource as pursuant to Section 15064.5 in Title 14 of the California Code of Regulations; and (2) disturb any human remains, including those interred outside of dedicated cemeteries. Although the 2021 Proposed Revised BCBP will not, in and of itself, produce additional or exacerbate any identified significant cultural resource impacts, because certain statutory and regulatory provisions apply to all construction projects, those provisions, in the form of a mitigation measure (“MM-11”), has been retained. 7.1.d Packet Pg. 141 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 36 Addendum As indicated in the 2019 Approved BCBP/MND: “[T]he project site is considered to be sensitive for the presence of both prehistoric and historic resources. Monitoring of future earth-disturbing and trenching activities, particularly those that occur below the depth of surficial fill material, could yield information important in prehistory or history” (Section 15064.5[a][3][D], State CEQA Guidelines). As a result, with regards to the 2019 Approved BCBP, because the needless loss of any such “information important in prehistory or history” could be potentially significant, As presented in the 2019 Approved BCBP/MND, in response to potential cultural resource impacts, the City adopted the following project-level mitigation measures (Resolution No. 2019-40, November 19, 2019): ♦ MM-8. Cultural Resources. Prior to the issuance of a grading permit, a qualified archaeologist, meeting the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation (48 FR 44716, National Parks Service, September 29, 1983) shall be retained by the Applicant to oversee the monitoring of initial ground disturbing activities, including all trenching and excavation activities occurring to a depth greater than three feet below surface grades. The archeologist shall conduct excavation monitoring activities for the purpose of identifying the potential presence of any significant historic or prehistoric cultural resources located within the project boundaries. o Delete / No Longer Applicable. A site-specific grading permit was issued for the 2019 Approved BCBP and rough grading activities associated therewith have previously commenced. Although additional grading activities associated with the 2021 Proposed Revised BCBP will occur, with the commencement of rough grading activities, including the associated disturbance of the entire project site, this project-level mitigation measure was effectively implemented and no longer remains applicable to the 2021 Proposed Revised BCBP. No further compliance therewith is, therefore, deemed by the Department to be required. ♦ MM-9. Cultural Resources. If cultural resources are identified during monitoring of the ground disturbing activities, the supervising archaeologist shall be empowered to temporarily halt construction in the vicinity of any such discovery while its significance is being evaluated. All cultural resources that may be so recovered will be documented on California Department of Parks and Recreation Site Forms and filed with the California Historical Resources Information System South Central Coastal Information Center at the California State University, Fullerton (CHRIS- SCCIC). Independent of any resources identified, the archaeologist shall prepare a final report about the monitoring and submit that report to the City’s Community Development Director, and the California Historical Resources Information System South Central Coastal Information Center at the California State University, Fullerton (CHRIS-SCCIC), as required by the California Office of Historic Preservation. The report shall include documentation and interpretation of any resources so recovered, if any. The Community Development Director shall designate repositories in the event that significant resources are recovered. o Delete / No Longer Applicable. A site-specific grading permit was issued for the 2019 Approved BCBP and rough grading activities associated therewith have previously commenced. Although additional grading activities associated with the 2021 Proposed Revised BCBP will 7.1.d Packet Pg. 142 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 37 occur, with the commencement of rough grading activities, including the associated disturbance of the entire project site, this project-level mitigation measure was effectively implemented and no longer remains applicable to the 2021 Proposed Revised BCBP. No further compliance therewith is, therefore, deemed by the Department to be required. ♦ MM-10. Cultural Resources. The Applicant shall retain a Native American observer to monitor earthwork activities. The Native American observer shall represent a tribe that has ancestral ties and cultural affiliations to the project site. o Delete / No Longer Applicable. A site-specific grading permit was issued for the 2019 Approved BCBP and rough grading activities associated therewith have previously commenced. Although additional grading activities associated with the 2021 Proposed Revised BCBP will occur, with the commencement of rough grading activities, including the associated disturbance of the entire project site, this project-level mitigation measure was effectively implemented and no longer remains applicable to the 2021 Proposed Revised BCBP. No further compliance therewith is, therefore, deemed by the Department to be required. ♦ MM-11. Discovery of Human Remains. If human remains are encountered during construction excavation and grading activities, Section 7050.5 of the Health and Safety Code requires that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Section 5097.98 of the Public Resources Code. If the remains are determined to be of Native American descent, the County Coroner has 24 hours to notify the California Native American Heritage Commission (NAHC). The NAHC will then identify the person(s) thought to be the Most Likely Descendent (MLD) of the deceased Native American, who will then help determine what course of action should be taken in dealing with the remains. o Retain. On-site grading activities conducted to date have not revealed the presence of any human remains and the likelihood of such discover substantially reduced as a result thereof. Although existing regulatory obligations associated with the discovery of human remains exists outside the context of CEQA, relative to the overall development of the project site, “MM-11” has nevertheless been retained herein. Although no human remains are anticipated to be present on the project site, pursuant to Section 7050.5 of the California Health and Safety Code (H&SC), project-level mitigation measure “MM-11” remains potentially applicable throughout the term of the construction process. With the City’s issuance of a rough grading permit associated with the 2019 Approved BCBP, project-level mitigation measure “MM-8,” “MM-9,” and “MM-10” were effectively implemented and would no longer appear to remain applicable to the 2021 Proposed Revised BCBP. No further compliance therewith is, therefore, deemed by the Department to be required. The 2021 Proposed Revised BCBP’s potential impacts to cultural resources would be less than significant with the incorporation of the retained mitigation measure from the 2019 Approved BCBP/MND.  Additional References: None 7.1.d Packet Pg. 143 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 38 Addendum 3.6 Energy Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? (b) Conflict with or obstruct a State or local plan for renewable energy or energy efficiency?  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: Relative to energy, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council in Resolution No. 2019-40 (November 19, 2019). None of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. With regards to energy impacts, as specified under Section 15126.2 (Consideration and Discussion of Significant Environmental Impacts) of the State CEQA Guidelines: If analysis of the project’s energy use reveals that the project may result in significant environmental effects due to wasteful, inefficient, or unnecessary consumption use of energy, or wasteful use of energy resources, the EIR shall mitigate that energy use. This analysis should include the project’s energy use for all project phases and components, including transportation-related energy, during construction and operation. In addition to building code compliance, other relevant considerations may include, among others, the project’s size, location, orientation, equipment use and any renewable energy features that could be incorporated into the project. (Guidance on information that may be included in such an analysis is presented in Appendix F.) This analysis is subject to the rule of reason and shall focus on energy use that is caused by the project. This analysis may be included in related analyses of air quality, greenhouse gas emissions, transportation or utilities in the discretion of the lead agency. As extracted from the 2019 Approved BCBP/MND (Table AQ-6 [Comparison of Projected Daily Operational Emissions and Daily Criteria Values]), Table A-3 (2021 Proposed Revised BCBP - Projected Daily Operational Criteria Emissions) presents a projection of the estimated operational emissions attributable to the 2021 Proposed Revised BCBP. As noted therein, criteria emissions attributable to energy consumption constitutes only a minimal component of projected operational emissions. From an air quality perspective, that minimal increase in criteria emissions associated with energy consumption is deemed by the Department to be de minimis. As indicated in Table A-1 (Comparative Limited Development Analysis – 2019 Approved BCBP and 2021 Proposed Revised BCBP [September 8, 2021]), although a change in authorized land use is being proposed, the total square footage of all on-site development 7.1.d Packet Pg. 144 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 39 would increase by only 385 GSF, representing an increase of only about 0.32 percent. Although a different mix of land uses is proposed, when examined in total, energy consumption during construction would, therefore, be expected to be similar. Operationally, based on a consumption per square foot metric, energy consumption associated with the 2021 Proposed Revised BCBP would be generally similar to that associated with the 2019 Approved BCBP. The CEC’s “Building Energy Efficiency Standards for Residential and Nonresidential Buildings, 2019 Edition” (24 CCR Part 6) (2019 CEC) sets energy and water design standards for residential and nonresidential buildings. The 2019 CEC includes cost-effective energy efficiency requirements for newly constructed buildings, additions and alterations to existing buildings. Effective on January 1, 2020, among other things, the 2019 CEC: (1) improved envelope efficiency, which refers to improving the insulation windows, exterior walls, floors, and roof of a building; and (2) promoted grid harmonization strategies that maximize self-utilization of photovoltaic output and limit exports to the grid. It is projected that compliance with those standards will result in a Statewide reduction of 700,000 tons of CO2 emissions over three years. On a three-year cycle, the 2019 CEC updated the 2016 “Building Energy Efficiency Standards for Residential and Nonresidential Buildings.” The CEC is considering the scope and analysis needed now for the 2022 CEC (effective January 1, 2023). The BSC’s “California Green Building Standards, 2019 Edition” (24 CCR Part 11) (2019 CalGreen) contains both mandatory requirements and voluntary measures for new residential and nonresidential buildings throughout California. The 2019 CalGreen improves public health, safety, and general welfare by enhancing the design and construction of buildings through the following construction practices: (1) planning and design; (2) energy efficiency; (3) water efficiency and conservation; (4) material conservation and resource efficiency; and (5) environmental quality. In addition, the 2019 CalGreen promotes the reduction of construction waste, makes buildings more efficient relative to the use of materials and energy, and reduces environmental impact during and after construction. Compliance with the 2019 CEC and 2019 CalGreen or subsequent versions thereof will ensure that the 2021 Proposed Revised BCBP neither results in the “wasteful, inefficient, and unnecessary consumption of energy” nor manifests as a significant energy-related impact under CEQA. Additionally, based on such compliance, the 2021 Proposed Revised BCBP will neither conflict with nor obstruct a State or local plan for renewable energy or energy efficiency. The construction and operation of the 2021 Proposed Revised BCBP will have less-than- significant energy impacts under CEQA.  Additional References: ♦ California Building Standards Commission, 2019 California Green Building Standards Code, California Code of Regulations, Title 24, Part 11, July 2019. ♦ California Energy Commission, Building Energy Efficiency Standards for Residential and Nonresidential Buildings, CEC-400-2018-020-CMF, December 2018. 7.1.d Packet Pg. 145 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 40 Addendum 3.7 Geology and Soils Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Directly or indirectly cause potential substantial 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 Map issued by the State Geologist for the area or based on other substantial evidence of a known active fault trace? (2) Strong seismic ground shaking? (3) Seismic-related ground failure, including liquefaction? (4) Landslides? (b) Result in substantial soil erosion or the loss of topsoil? (c) Be located on a geologic unit or soil that is unstable as a result of the project, and potentially result in on- 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 direct or indirect risks 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? (f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?  Preliminary Determination: Less-than-Significant with Mitigation Incorporated  Findings of Fact: As indicated in the 2019 Approved BCBP/MND, the approval, construction, operation, and use of the 2019 Approved BCBP would potentially expose site users to certain geologic, geotechnical, seismic, and soils-related hazards. In response, the Council previously adopted “MM-12” (Geology and Soils) (Resolution No. 2019-40, November 19, 2019). As revised herein in response to both the State’s and the City’s 7.1.d Packet Pg. 146 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 41 adoption of the 2019 CBC 33 and the Department’s receipt of subsequent Applicant-submitted geotechnical investigations, as modified, “Revised MM-12” is presented below and remains applicable to the 2021 Proposed Revised BCBP: ♦ Revised Geology and Soils. All buildings will conform to applicable “Earthquake Design Regulations” specified in Section 1613 in Chapter 16 (Structural Design) of the 2016 2019 California Building Code, as amended, and, unless otherwise waived or superseded, all development activities conducted on the project site shall conform to and be consistent with the recommended seismic parameters and recommended design and development standards identified in the following technical studies: (1) “Response to Geotechnical Review Comments – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., June 11, 2019); (2) “Update No. 3 to Geotechnical Review Comments – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., April 4, 2019); (3) “Supplemental Geotechnical Investigation, Proposed Brea Canyon Business Park, Lot 2 – Medical Office Building, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., March 15, 2019); (4) “Update to Geotechnical Review Comments – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., November 13, 2017); (5) “Supplemental Geotechnical Investigation, Proposed Brea Canyon Business 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., September 6, 2017); (6) “Percolation/Infiltration Testing - Proposed Brea Canyon Business 850 Brea Canyon Road, Diamond Bar, California” Geotechnical Professionals, Inc., July 12, 2017); (7) “Report of Geotechnical Investigation, Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., July 11, 2017); (8) “Update No. 3 to Geotechnical Investigation – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., April 13, 2019); (9) “Update No. 4 to Geotechnical Investigation – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., September 28, 2021); and (10) Such additional actions and recommendations as may be approved by the City Engineer based on further technical analyses conducted by or for the City Engineer, including the findings of more detailed project-specific seismic, soils, geologic, and geotechnical investigations. Based on the Department’s review, none of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP and have not been incorporated herein. 33/ As amended, on December 3, 2019, Council adoption of the “California Building Standards Code, 2019 Edition” (2019 CBC) and the “California Green Building Standards Code, 2019 Edition” (2019 CalGreen) (Ordinance No. 04[2019]). 7.1.d Packet Pg. 147 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 42 Addendum As noted in the 2019 Approved BCBP/MND, as evidenced by the DOC’s “Earthquake Zones of Required Investigation – San Dimas Quadrangle” (March 25, 1999), the project site is not subject to the ground rupture attributable to a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map. Rough grading activities associated with the implementation of the 2019 Approved BCBP have already commenced under the authority of City-issued permits and pursuant to those conditions of approval associated therewith. Rough grading activities, conducted under the auspices of a State-licensed geotechnical engineer, served to effectively address a number of previously identified geologic, geotechnical, and soils-related hazards, ensuring, to the maximum extent feasible, the elimination of those project-related hazards. Associated grading activities did not occur at depths sufficient to directly impact groundwater resources. The general development footprint of the 2019 Approved BCBP and 2021 Proposed Revised BCBP projects are similar. Both projects call for the same number of buildings, in the same general locations, and at the same proposed heights. With the exception of the City’s adoption of the 2019 CBC and 2019 CalGreen (Ordinance No. 04[2019], December 3, 2019) and the initiation of on-site grading activities, no changes to localized and/or regional geology have occurred following the adoption of the 2019 Approved BCBP/MND. As part of the 2021 Development Application, the Applicant submitted: ♦ “Update No. 3 to Geotechnical Investigation – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professionals, Inc., April 13, 2019); and ♦ “Update No. 4 to Geotechnical Investigation – Proposed Brea Canyon Business Park, 850 Brea Canyon Road, Diamond Bar, California” (Geotechnical Professions, Inc., September 28, 2021). As indicated therein, the 2021 Proposed Revised BCBP remains geotechnically feasible. Those studies recommended that the previous geotechnical investigations be amended to reflect the requirements of the 2019 CBC. The amended recommendations include seismic considerations such as ground motions and liquefaction analysis. Other recommendations pertaining to foundational concrete in the 2016 CBC did not change; however, the 2019 CBC should be the referenced building code for these recommendations. Effective on January 1, 2019, the “California Building Standards Code, 2019 Edition” (Title 24, CCR) is the minimum standard established in law for the design and construction of building and structures in California. State law mandates that local governments enforce these regulations but they are also authorized (through the adoption of local ordinances) to impose more restrictive building standards than provided therein. Title 24 is published in its entirety every three years by order of the State Legislature, with supplements published in intervening years. Title 24 consists of the following 13 separate parts: (1) Part 1 (California Administrative Code); (2) Part 2 (California Building Code); (3) Part 2.5 (California Residential Code); (4) Part 3 (California Electrical Code); (5) Part 4 (California Mechanical Code); (6) Part 5 (California Plumbing Code); (7) Part 6 (California Energy Code); (8) Part 8 (California Historical Building Code); (9) Part 9 (California Fire Code); (10) Part 10 (California Existing Building Code); (11) Part 11 (California Green Building Standards Code); and (12) Part 12 (California Referenced Standards Code). Part 7 is reserved. Title 24 is maintained by the California Building Standards Commission (CBSC) which is granted the authority to oversee processes related to the California building 7.1.d Packet Pg. 148 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 43 codes by California Building Standards Law. The “California Building Code, 2019 Edition” (Title 24, Part 2) (2019 CBC) became effective on January 1, 2020. The “California Building Standards Code, 2016 Edition” (2016 CBC) remains in effect and is applicable to all plans and specifications for and to construction performed where the application for a building permit is received on or before December 31, 2019. In accordance with Section 18938.5 of the H&SC, all applications for a building permit submitted on or after January 1, 2020 are subject to compliance with the 2019 CBC. Building permits for the 2021 Proposed Revised BCBP have not yet been submitted to the Department. All applications for building permits submitted on or after January 2, 2022 will be subject to compliance with the yet to be adopted “California Building Code, 2022 Edition” (2022 CBC), including any amendments thereto that may be subsequently adopted by the City. Based on the date with which building permit applications are received, either the 2019 CBC or the 2022 CBC would apply thereto. As indicated in the 2019 Approved BCBP/MND, a number of potentially significant geologic, geotechnical, seismic, and/or soils-related impacts were identified in response to the 2019 Approved BCBP. Each of those impacts could, however, be effectively mitigated to a less- than-significant level under CEQA through the implementation of those geologic, geotechnical, seismic, and soils-related recommendations in the studies listed in “MM-12.” Similarly, subsequent Applicant-submitted geotechnical investigations demonstrate that, with the implementation of those recommendations contained therein, the 2021 Proposed Revised BCBP remains feasible from a geologic, geotechnical, seismic, and soil-related perspective. Compliance with “Revised MM-12,” as amended, will continue to reduce potential geologic, geotechnical, seismic, and soils-related impacts associated with the 2021 Proposed Revised BCBP to a less-than-significant level under CEQA.  Additional References: ♦ California Building Standards Commission, 2019 California Building Code, California Code of Regulations, Title 24, Part 2, July 2019. ♦ California Building Standards Commission, Information Bulletin 19-4, 2019 California Building Standards Code, June 25, 2019. 3.8 Greenhouse Gas Emissions Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Generate greenhouse gas (GHGs) emissions, either directly or indirectly, that may have a significant impact on the environment? 7.1.d Packet Pg. 149 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 44 Addendum (b) Conflict with any applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: No project-level mitigation measures addressing greenhouse gas (GHG) emissions were presented in the 2019 Approved BCBP or adopted by the Council (Resolution No. 2019-40, November 19, 2019). No program-level mitigation measures explicitly addressing GHG emissions were included in the 2040 General Plan/CAP/ FPEIR/MND or adopted by the Council (Resolution No. 2019-43, December 17, 2019). Rough grading activities associated with the implementation of the 2019 Approved BCBP have already commenced under the authority of City-issued permits (December 7, 2020) and pursuant to those conditions of approval associated therewith. Associated GHG emissions attributable to those activities are, therefore, not assignable to the 2021 Proposed Revised BCBP. Only minor additional grading activities beyond those associated with the 2019 Approved BCBP would be required for the construction of the 2021 Proposed Revised BCBP. In addition, as indicated in Table A-1 (Comparative Limited Development Analysis – 2019 Approved BCBP and 2021 Proposed Revised BCBP [September 8, 2021]), although a change in authorized use is proposed, the total square footage of all on-site development would increase by only 385 GSF. From a construction perspective, the GHG emissions analysis presented in the 2019 Approved BCBP/MND presents an overly conservative assessment of projected GHG emissions attributable to the 2021 Proposed Revised BCBP. With respect to operational impacts, the “City of Diamond Bar Climate Action Plan 2040” (2040 CAP) was not adopted until after the approval of the 2019 Approved BCBP/MND (Resolution No. 2019-45, December 17, 2019) and the approval of the 2019 Approved BCBP by the Council (Resolution No. 2019-42, November 19, 2019). The 2040 CAP now serves as the City’s “Qualified Greenhouse Gas Reduction Strategy” (Section 15183.5[b][1][A], State CEQA Guidelines). As specified, in part, in Section 15183.5 of the State CEQA Guidelines: (a) Lead agencies may analyze and mitigate the significant effects of greenhouse gas emissions at a programmatic level, such as in a general plan, a long range development plan, or a separate plan to reduce greenhouse gas emissions. Later project-specific environmental documents may tier from and/or incorporate by reference that existing programmatic review. Project-specific environmental documents may rely on an EIR containing a programmatic analysis of greenhouse gas emissions as provided in Section 15152 (tiering), 15167 (staged EIRs) 15168 (program EIRs), 15175–15179.5 (Master EIRs), 15182 (EIRs Prepared for Specific Plans), and 15183 (EIRs Prepared for General Plans, Community Plans, or Zoning). (b) Plans for the Reduction of Greenhouse Gas Emissions. Public agencies may choose to analyze and mitigate significant greenhouse gas emissions in a plan for the reduction of greenhouse gas emissions or similar document. A plan to reduce greenhouse gas emissions may be used in a cumulative impacts analysis as set forth below. Pursuant to Sections 15064(h)(3) and 15130(d), 7.1.d Packet Pg. 150 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 45 a lead agency may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project complies with the requirements in a previously adopted plan or mitigation program under specified circumstances. With regards to the 2021 Proposed Revised BCBP, the 2040 CAP constitutes a “long range development plan” and a “previously adopted plan or mitigation program.” In accordance therewith, this 2021 Proposed Revised BCBP/Addendum is “tiered” from the 2040 General Plan/CAP/FPEIR. The 2040 General Plan/CAP/FPEIR did not identify cumulative GHG emissions as a potentially significant impact and no specific program-level mitigation measures associated therewith were included therein. As specified in the “Final Environmental Impact Report, State Clearinghouse No. 2018051066 - Findings of Fact and Statement of Overriding Considerations” (December 17, 2019) (2040 General Plan/CAP/ FPEIR/Findings): ♦ Projects that demonstrate consistency with the updated Diamond Bar [2040] General Plan and [2040] CAP will be subject to streamlining CEQA review process for mitigation of GHG emissions, pursuant to CEQA Guidelines §15183.5.34 ♦ With the policies set forth in the [2040] General Plan Update, Diamond Bar will meet its mandated GHG reduction targets without being subject to additional GHG reduction measures.35 As further specified in the 2040 CAP: Project-specific environmental documents prepared for projects consistent with the [2040] General Plan may rely on the programmatic analysis contained in the [2040] CAP and the [2040 General Plan/CAP] [FP]EIR certified for the Diamond Bar [2040] General Plan.36 Although the 2040 CAP did not expressly list separate goals and policies exclusively applicable thereto, included in Appendix C (Applicable General Plan Policies) therein was a listing of those goals and policies contained in the 2040 General Plan/CAP deemed to be “applicable” to the 2040 CAP. From Appendix C of the 2040 CAP, based on the Department’s review of the most recent development plans (G/A/A, September 8, 2021), those goals and policies deemed by the Department to be applicable to the 2021 Proposed Revised BCBP are presented in Table A-4 (2021 Proposed Revised BCBP - Preliminary Consistency Analysis – Applicable 2040 Climate Action Plan Goals and Policies [September 8, 2021]).3738 With regards to the proposed project, each of those goals and objective are categorized as “consistent,” “potentially inconsistent,” or “not applicable.” 34/ City of Diamond Bar, Final Environmental Impact Report, State Clearinghouse No. 2018051066 - Findings of Fact and Statement of Overriding Considerations, December 17, 2019 (Resolution No. 2019-43), p. 7. 35/ Ibid., p. 46. 36/ Op. Cit., Diamond Bar Climate Action Plan 2020, City Council Resolution No. 2019-45, adopted December 17, 2019, p. 1-21. 37/ The goals and policies referenced therein are as listed in Appendix C (Applicable General Plan Policies) in the 2040 CAP and are deemed by the Department to be potentially applicable hereto. 38/ Because they often deal with broad and often competing issues and interests, not all policies lend themselves to easy categorization as to either their applicability to a proposed action or with regards to a project’s compliance or degree of compliance therewith. Many general plan policies constitute visionary declarations and/or broad-based platitudes, incorporating terminology which is neither defined therein nor which directly lends itself to a universal (consistent) interpretation. In its assessment of “consistency” therewith, the Department has: (1) utilized its best efforts to understand the intent and meaning of those policies: (2) sought to identify those policies’ potential application to the 2021 Proposed Revised BCBP; and (2) concluded that certain policies neither directly apply thereto nor reasonably allow for a consistency assessment therewith. 7.1.d Packet Pg. 151 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 46 Addendum Table A-4 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 CLIMATE ACTION PLAN GOALS AND POLICIES (September 8, 2021) No. Goal / Policy Application Land Use and Planning LU-G-21 Encourage compact growth and prioritize infill development to preserve existing large blocks of natural open space within the City and Sphere of Influence including Tonner Canyon and Tres Hermanos Ranch; and enhance community character, optimize city infrastructure investments, provide pedestrian- and bicycle-friendly neighborhoods, and enhance economic vitality. Consistent. The 2021 Proposed Revised BCBP serves to “enhance” the “economic vitality” of the City. LU-G-41 Locate new residential growth in or adjacent to mixed-use centers and transit stations to support regional and statewide efforts to encourage sustainable land use planning and smart growth principles. Not Applicable. The 2021 Proposed Revised BCBP does not include “new residential growth.” LU-G-91 Provide for the concentration of office and commercial uses near regional access routes, transit stations, and existing and proposed employment centers. Consistent. The 2021 Proposed Revised BCBP includes “office and commercial uses near regional access routes.” LU-P-141 Improve vehicular accessibility, traffic flow, and parking availability as well as pedestrian and bicycle access and amenities within office, commercial, and industrial areas. Consistent. Issues relating to vehicular accessibility, traffic flow, and parking availability have been addressed herein. Provisions for pedestrian and bicycle access have been incorporated into the 2021 Proposed Revised BCBP. ED-G-51 Support the use of Metrolink and local transit connections as a means for non-residents to commute to employment opportunities in Diamond Bar. Not Applicable. Not implementable at the project level. ED-P-91 Promote the use of multi-modal connections to serve commercial and office uses within Diamond Bar, thereby enhancing transit, ride-sharing, pedestrian, and bicycle infrastructure opportunities, and reducing automobile congestion within the City. Consistent. Existing transit services are available in the general project area. Provisions for preferential carpool parking have been provided in the project’s design. Community Character and Placement CC-G-11 Foster and maintain a distinctive city identity that values the community’s “country living” character by preserving the city’s open spaces, physical features, and environmental resources, and focusing new development into accessible, pedestrian-oriented areas integrated with existing neighborhoods, augmented with parks, and connected by an attractive and safe street network. Consistent. The project site is located in a “Transit Priority Area” (i.e., within one-half mile of a major transit stop). CC-G-21 Encourage development within mixed-use areas that is inviting to pedestrians, promotes community interaction and activity, and contributes to an engaging street environment. Not Applicable. Unless otherwise interpreted by the City’s decision-making body, the project site is not located within a “mixed-use area.” CC-G-31 Encourage rehabilitation and façade improvements of existing commercial centers to ensure commercial vitality and pedestrian-oriented design. Not Applicable. The 2021 Proposed Revised BCBP is not an “existing commercial center.” CC-G-41 Preserve the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. Not Applicable. The 2021 Proposed Revised BCBP does not include a residential component. CC-G-51 Provide an expanded pedestrian and bicycle infrastructure network to improve connectivity throughout the City where topography and technology permit. Not Applicable. Not implementable at the project level. CC-P-41 Continue to support community identity with streetscape improvement and beautification projects in both existing residential areas and commercial centers, as well as new mixed-use areas that incorporate unified landscaping and pedestrian amenities. Amenities should include seating, bus shelters, pedestrian safety treatments such as sidewalk bulb-outs and widening and improved crosswalks, and city-branded decorative elements such as street lighting, concrete pavers, tree grates, and theme rails. Consistent. The 2021 Proposed Revised BCBP includes a “unified landscaping plan” and incorporates “pedestrian amenities.” CC-P-71 Ensure that new development provides an integrated pattern of roadways, bicycle routes and paths, and pedestrian connections within and between neighborhoods that are safe, comfortable, and accessible sidewalks for people of all ages and abilities. Consistent. Although pedestrian, bicycle, and vehicle conflicts cannot be avoided, the 2021 Proposed Revised BCBP integrated pattern of roadways and pedestrian connections seeks to minimize those potential conflicts. 7.1.d Packet Pg. 152 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 47 Table A-4 (Continued) 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 CLIMATE ACTION PLAN GOALS AND POLICIES (September 8, 2021) No. Goal / Policy Application Community Character and Placement (Continued) CC-P-91 Encourage pedestrian orientation in mixed-use development using a variety of site planning and architectural strategies, such as locating and orienting buildings to street frontages, plazas, or pedestrian paseos; providing visual transparency through fenestration; entries and arcades close to the street edge and sidewalk; and/or incorporating porches, patios, or outdoor spaces that overlook or interact with front yards or sidewalks. Not Applicable. Unless otherwise interpreted by the City’s decision-making body, the 2021 Proposed Revised BCBP is not a “mixed-use development.” CC-P-181 As large vacant or underutilized sites are developed or redeveloped, maximize multi-modal accessibility with fine-grained street networks and walkable block sizes. Generally limit new block sizes to a maximum of about 400 feet in length. Mid-block plazas or alleys may be considered if the intent is to ensure fine-grained patterns where pedestrian access can be accommodated in intervals no more than 400 feet apart. Consistent. Pursuant to Section 22.40 of DBMC, all nonresidential projects of 100,000 square feet and more shall provide transit waiting shelters (bus pullouts, bus pads and bus shelters). The 2021 Proposed Revised BCBP includes, as a component to its transportation demand management plan, the provision of a new bus shelter and new bus pad at the existing bus stop located along Brea Canyon Road to north of the project site. CC-P-191 Through development review, ensure that new development provides an integrated pattern of streets and pedestrian paths with connections within and between neighborhoods. Consistent. The 2021 Proposed Revised BCBP is subject to the City’s “development review” process. CC-P-201 Create pedestrian-and bicycle-only pathways to enhance neighborhood interconnectivity where street connections are limited due to existing cul-de-sac or dead-end conditions, grade separation, property ownership, or topographical challenges. Not Applicable. The 2021 Proposed Revised BCBP is a commercial center and does not have the opportunity to “enhance neighborhood interconnectivity.” CC-P-211 Site plans should be designed to create pedestrian-oriented neighborhoods that follow these guidelines: (a) Buildings should be oriented to the street; (b) Garages and parking areas should be screened and/or located at the side or rear of properties wherever possible; and (c) Landscaping, sidewalk conditions, and other streetscape elements should be improved during rehabilitation and new construction. Not Applicable. Subject to the Community Development Director’s, the Commission’s, and/or the Council’s interpretation (Section 22.44.020, DBMC), the referenced policy has been interpreted by the Department to apply only to residential neighborhoods. CC-P-261 Establish reduced minimum commercial parking requirements for all development within new mixed-use land use designations. Reduced parking requirements should be supported by proximity to transit, shared parking, and technologies that, once mainstreamed, would reduce the need for conventional parking layouts. Not Applicable. Although a “shared-parking” permit is included as a project component, because the 2021 Proposed Revised BCBP is not a “mixed-use development,” the policy is not applicable thereto. CC-P-291 Promote the revitalization of existing commercial centers by encouraging property owners to maintain and improve the appearance of individual buildings and commercial centers through building façade improvements, landscaping, and pedestrian improvements. Not Applicable. Notwithstanding the notation in Figure 3-1 (Urban Design Framework) of the 2040 General Plan/CAP, neither the 2019 Approved BCBP nor the 2021 Proposed Revised BCBP constitutes an “existing commercial center.” CC-P-311 Ensure that commercial uses are designed to incorporate ground floor transparency and pedestrian activity. Consistent. The 2021 Proposed Revised BCBP constitutes a commercial development and, at least in part, provides ground floor transparency and pedestrian activities. Circulation CR-G-31 Strive to achieve a finer grained network of streets and pedestrian/bicycle connections as development occurs, especially in focus areas such as the Transit-Oriented, Neighborhood, Town Center, and Community Core mixed-use areas. Not Applicable. Not implementable at the project level. CR-G-51 Develop neighborhood streets and alleys that encourage walking, biking, and outdoor activity through engineering and urban design principles that reduce the potential for speeding and cut-through traffic, which may include traffic calming measures. Not Applicable. The 2021 Proposed Revised BCBP neither contains nor incorporates any “neighborhood streets and alleys.” 7.1.d Packet Pg. 153 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 48 Addendum Table A-4 (Continued) 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 CLIMATE ACTION PLAN GOALS AND POLICIES (September 8, 2021) No. Goal / Policy Application Circulation (Continued) CR-P-11 When redesigning streets, plan for the needs of different modes by incorporating elements such as shade for pedestrians, safe pedestrian-friendly crossings/ intersections, lighting at the pedestrian scale, bike lanes, signage visible to relevant modes, transit amenities, etc. Consistent. The 2021 Proposed Revised BCBP includes, as a component to its transportation demand management plan, the provision of a new bus shelter and new bus pad at the existing bus stop located along Brea Canyon Road to north of the project site. CR-P-21 Promote new street designs and efforts to retrofit existing streets in residential neighborhoods minimize traffic volumes and/or speed as appropriate without compromising connectivity for emergency vehicles, bicycles, pedestrians, and users of mobility devices. Not Applicable. The project site is not located within an a “residential neighborhood.” CR-P-31 Plan for and provide new connections within the Transit-Oriented, Neighborhood, Town Center, and Community Core mixed-use areas to create finer grained, pedestrian-scaled circulation networks that support the development of connected and accessible neighborhoods. Connections should facilitate the use of alternatives to single-occupancy vehicles, such as walking, bicycling, and transit by improving the safety and accessibility of those modes Not Applicable. The project site is neither identified as being located within an area depicted in the 2040 General Plan/CAP as being a “visual gateway within an entry point” nor located within “Neighborhood Mixed Use,” “Town Center,” “Transit-Oriented Mixed Use,” or “Community Core” areas. CR-P-41 Develop traffic calming strategies for Diamond Bar Boulevard between Temple Avenue and Golden Springs Drive in order to provide a safe and comfortable pedestrian-friendly environment along and through the Neighborhood Mixed Use and Town Center Mixed Use areas. Not Applicable. The project site is neither located along “Diamond Bar Boulevard between Temple Avenue and Golden Springs Drive” nor within a “Neighborhood Mixed Use and Town Center Mixed Use” area. CR-P-91 Develop a plan for managing limited curb space throughout the City’s commercial, mixed-use, and higher density areas to accommodate efficient package and food deliveries; delivery of goods to restaurants/retail; pick-up/drop-off of passengers by transit, taxis, and on-demand shared ride services; and the safe movement of pedestrians and bicyclists. Not Applicable. Not implementable at the project level. CR-P-141 Prioritize pedestrian movement and safety - through wider sidewalks, more frequent pedestrian crossings, sidewalk bulbouts, median pedestrian refuges etc. - rather than LOS in Community Character Priority Areas, which are areas designated for higher density mixed-use development in the [2040] General Plan. Not Applicable. The 2021 Proposed Revised BCBP is not located within a “Community Character Priority Area.” CR-P-241 As opportunities arise, coordinate with local, regional, and State agencies to encourage and support programs that reduce vehicle miles traveled, such as preferential carpool and car share parking, parking pricing, on-site childcare, flexible work schedules, subsidized transit passes, and ridesharing. Not Applicable. Not implementable at the project level. CR-P-301 Use Figure 4-2: Proposed Bicycle Network as the overall guide for undertaking bikeway and pedestrian improvements in the community, with the Parks and Recreation Master Plan providing a more detailed implementation strategy. Potentially Inconsistent. Figure 4.2 (Proposed Bicycle Network) of the 2040 General Plan/CAP identified that segment of Brea Canyon Road extending from the City limits (on the north) to the Pomona (SR-60) Freeway (on the south) as a “Class IV: Protected Bike Lane.” As described therein: “Class IV Protected Bike Lanes, also referred to as cycle tracks or separated bikeways, are bikeways for the exclusive use of bicycles that are physically separated from vehicle traffic.” Absent the inclusion of a “protected bike lane,” the 2021 Proposed Revised BCBP potentially forecloses local plans for planned bicycle network improvements along Brea Canyon Road. CR-P-311 When updating the Parks and Recreation Master Plan use community input and best practices to identify bicycle infrastructure needs such as gaps in the network, prioritize facilities and improvements, and identify funding for proposed facilities. Review and update the plan as necessary. Not Applicable. Not implementable at the project level. CR-P-321 Promote pedestrian and bicycle connectivity in existing residential neighborhoods, utility easements, and/or flood control channels, including connections through cul-de-sacs to other streets or community facilities where feasible. Not Applicable. With the exception of the “Class IV: Protected Bike Lane” located along Brea Canyon Road, Figure 4.2 (Proposed Bicycle Network) of the 2040 General Plan/CAP identifies no additional “pedestrian and bicycle connectivity” associated with the project site. 7.1.d Packet Pg. 154 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 49 Table A-4 (Continued) 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 CLIMATE ACTION PLAN GOALS AND POLICIES (September 8, 2021) No. Goal / Policy Application Circulation (Circulation) CR-P-331 Ensure that new development integrates with Diamond Bar’s bicycle and pedestrian networks by requiring developers to provide sidewalks and bicycle infrastructure on local streets. Not Applicable. The 2021 Proposed Revised BCBP is not located on a “local street.” CR-P-341 As opportunities arise, collaborate with neighboring jurisdictions and colleges such as Cal Poly Pomona and Mt. San Antonio College to establish a safe and efficient bicycle route between Diamond Bar and these institutions. Not Applicable. Not implementable at the project level. CR-P-351 Develop bicycle and pedestrian facility standards for pavement design, signage, and roadway and intersection striping for each functional roadway classification, so streets are accessible by all users and modes. Not Applicable. Not implementable at the project level. CR-P-361 Where appropriate, plant street trees and provide landscaping along major pedestrian and bicycle routes to provide shade and barriers between cyclists and motorists, as well as enhance aesthetics. Consistent. Street tree will be planted and maintained along S. Brea Canyon Road. CR-P-431 When planning capital improvement programs, ensure that projects incorporate measures that strengthen the protection of cyclists in bike lanes by implementing improvements such as increasing visibility of lane markings and signage, increasing bike lane widths, raising lanes, designing safer intersection crossings and turns, and buffering lanes from traffic wherever feasible, prioritizing bicycle lanes along arterials. Not Applicable. Not implementable at the project level. CR-G-141 Provide adequate parking for all land use types, while balancing this against the need to promote walkable, mixed-use districts and neighborhoods in targeted areas, and promoting ride-sharing and alternative transportation modes. Consistent. The 2021 Proposed Revised BCBP is subject to the issuance of a “shared-parking” permit. CR-P-531 Update parking standards in the Development Code to ensure that they are reflective of the community’s needs, using current data on parking demand and taking into consideration demographics and access to alternative modes of transportation. Not Applicable. Not implementable at the project level. CR-P-541 Incorporate criteria in the Development Code to allow reductions in parking requirements in exchange for VMT reduction measures. Consistent. The 2021 Proposed Revised BCBP is subject to the issuance of a “shared-parking” permit. CR-P-561 Establish requirements to provide dedicated parking and charging stations for electric vehicles. Not Applicable. Not implementable at the project level. CR-P-571 Develop incentives to encourage carpooling, such as preferential parking for high-occupancy vehicles. CR-P-581 Encourage public schools to improve parking and loading facilities to minimize congestion and delays on the local circulation system. Not Applicable. The project site is not a “public school” facility. CR-P-671 Ensure that trucks do not interfere with cyclist or pedestrian activity by: (a) Incorporating off-street or buffered bike lanes and walking paths where truck routes overlap with bicycle routes or streets with heavy pedestrian traffic; and (b) Designing driveways and curb cuts to avoid maneuvering on sidewalks or in street traffic, while also facilitating the safe and efficient movement of trucks. Potentially Inconsistent. Figure 4.2 (Proposed Bicycle Network) of the 2040 General Plan/CAP identified that segment of Brea Canyon Road extending from the City limits to the Pomona Freeway as a “Class IV” (Protected Bike Lane), defined, in part, as “bikeways for the exclusive use of bicycles that are physically separated from vehicle traffic.” Absent the inclusion of a “protected bike lane,” the 2021 Proposed Revised BCBP potentially forecloses local plans for planned bicycle network improvements along Brea Canyon Road. Community Health and Sustainability CHS-P-401 Require the inclusion, where feasible, of provisions for energy-efficient modes of transportation and fixed facilities that establish public transit, bicycle, and pedestrian modes as safe, efficient, and desirable alternatives. Not Applicable. Not implementable at the project level. CHS-P-411 Support the use of clean fuel and "climate friendly" vehicles in order to reduce energy use, energy cost, and greenhouse gas emissions by residents, businesses, and City government activities. Consistent. The 2021 Proposed Revised BCBP will fully comply with both the 2019 CBC and 2019 CalGreen. CHS-P-421 Seek funding and other assistance from the South Coast Air Quality Management District for installation of electric vehicle charging stations at appropriate locations throughout the City. Not Applicable. Not implementable at the project level. Source: Community Development Department 7.1.d Packet Pg. 155 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 50 Addendum Based, in part, on that analysis, it is the Department’s preliminary finding that the 2021 Proposed Revised BCBP is in substantial conformance/compliance and is compatible with the preponderance of the policies, standards, and criteria outlined in the 2040 CAP.39 In addition to those PMMs presented in the 2040 General Plan/CAP/FPEIR relating, directly or indirectly to those policy directives contained in the 2040 CAP, serving as a “project review checklist,” based on the Department’s review of the most recent development plans (G/A/A, September 8, 2021), presented in Table A-5 (2021 Proposed Revised BCBP – 2040 Climate Action Plan GHG Reduction Measures [September 8, 2021]) is a listing of those “potential project-level GHG reduction measures” included in the 2040 CAP (Appendix D). “GHG reduction measures” are neither mandatory obligations nor “mitigation measures” under CEQA. Those measures are not, therefore, subject to those mitigation reporting and monitoring obligations outlined in Section 15097 of the State CEQA Guidelines. Unlike the goals and policies presented in the 2040 General Plan, the “GHG reduction measures” contained in the 2040 CAP are not policy directives but serve as a partial listing of a broader range of voluntary measures that can be implemented by project proponents to reduce project-level GHG emissions. As non-mandatory measures, with regards to the 2021 Proposed Revised BCBP, each of the identified measures presented in Table A-5 (2021 Proposed Revised BCBP – 2040 Climate Action Plan GHG Reduction Measures [September 8, 2021]) are categorized as being “incorporated,” “not incorporated,” or “not applicable.” Pursuant to Section 15183.5(b) of the State CEQA Guidelines, “a lead agency may determine that a project’s incremental contribution to a cumulative effect is not cumulatively considerable if the project complies with the requirements in a previously adopted plan or mitigation program under specified circumstances.” In the context of Section 15183.5(b) of the State CEQA Guidelines, the 2040 CAP constitutes a “previously adopted plan or mitigation program.” If the 2021 Proposed Revised BCBP is deemed to be in compliance therewith, cumulative global climate change impacts constitute a less-than-significant environmental effect under CEQA and are not further addressed herein.  Additional References: ♦ City of Diamond Bar (Dyett & Bhatia), City Council Resolution No. 2019-43, Final Environmental Impact Report – City of Diamond Bar General Plan 2040 and Climate Action Plan 2040, SCH No. 2018051066, adopted December 17, 2019. ♦ City of Diamond Bar (Dyett & Bhatia), City Council Resolution No. 2019-45, Diamond Bar Climate Action Plan 2020, adopted December 17, 2019. ♦ City of Diamond Bar, Final Environmental Impact Report, State Clearinghouse No. 2018051066 - Findings of Fact and Statement of Overriding Considerations, December 17, 2019. ♦ Poore, Joseph and Nemecek, Thomas, Reducing Food’s Environmental Impacts through Producers and Consumers, Science, Vol. 360, No. 6392, June 2018 (https://www.science.org/doi/10.1126/science.aaq0216). 39/ General plan consistency requires that a project must be compatible with the general plan’s objectives and policies (Sequoyah Hills Homeowners Association v. City of Oakland [1993]). State law does not require perfect conformity between a proposed project and the applicable general plan (Friends of Lagoon Valley v. City of Vacaville [2007]). “[I]t is nearly, if not absolutely, impossible for a project to be in perfect conformity with each and every policy set forth in the applicable plans. . .It is enough that the proposed project will be compatible with the objectives, policies, general land uses and programs specified in the applicable plan” (Sierra Club v. County of Napa [2004]). 7.1.d Packet Pg. 156 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 51 Table A-5 2021 PROPOSED REVISED BCBP 2040 CLIMATE ACTION PLAN - GHG REDUCTION MEASURES (September 8, 2021) GHG Reduction Measure Application1 Renewable Energy Provide onsite renewable energy system(s). Nonpolluting and renewable energy potential includes solar, wind, geothermal, low-impact hydro, biomass and bio-gas strategies. Not Incorporated Include in new buildings facilities to support the use of low/zero carbon fueled vehicles, such as the charging of electric vehicles from green electricity sources. Incorporated Green Buildings Meet recognized green building and energy efficiency benchmarks such as LEED and ENERGY STAR. Incorporated Incorporate materials which are resource efficient, recycled, with long life cycles and manufactured in an environmentally friendly way. Incorporated Energy Efficiency Exceed Diamond Bar [2019] Green Building Code (Title 24) mandatory efficiency requirements by 15% or more. Not Incorporated Install light colored “cool” roofs (e.g., Energy Star roofing) or other highly reflective, highly emissive roofing materials. Incorporated Install a vegetated (“green”) roof that covers at least 50% of roof area. Not Incorporated Design project to maximize solar orientation (i.e., 75% or more building face north or south; include roof overhangs that block high summer sun, but not lower winter sun, from penetrating south-facing windows. Not Incorporated Plant trees and vegetation near structures to shade buildings and reduce energy requirements for heating/cooling. Incorporated Install energy-reducing ceiling/whole-house fans. Not Incorporated Install energy efficient lighting (e.g., light emitting diodes [LEDs]), heating and cooling systems, appliances, equipment, and control systems. (e.g., Energy Star). Incorporated Install energy-reducing programmable thermostats that automatically adjust temperature settings. Incorporated Transportation Develop commute trip reduction plans that encourage employees who commute alone to consider alternative transportation modes. Not Incorporated Create an online ridesharing program that matches potential carpoolers immediately through email. Not Incorporated Provide fair-share funding of transportation improvements. Incorporated Provide shuttle service or public transit incentives such as transit passes to decrease work-related auto trips. Not Incorporated Provide “end-of-trip” facilities including showers, lockers, and changing space (nonresidential projects). Not Incorporated Incorporate public transit into project design. Incorporated Incorporate bicycle lanes, routes and facilities into street systems, new subdivisions, and large developments. Incorporated Provide amenities for non-motorized transportation, such as secure and convenient bicycle parking Incorporated Provide plentiful short- and long-term bicycle parking facilities (nonresidential projects). Not Incorporated Provide long-term bicycle parking is provided at apartment complexes or condominiums without garages Not Applicable Create pedestrian (and/or bicycle) access network that internally links all uses and connects to all existing/planned external streets and pedestrian (and/or bicycle) facilities contiguous with the project site. Incorporated Provide a parking lot design that includes clearly marked and shaded pedestrian pathways between transit facilities and building entrances Not Incorporated Provide parking for EVs/CNG vehicles. Incorporated Install EV charging facilities. Incorporated Water Conservation Install water-efficient fixtures and appliances such as low-flow fixtures, dual flush toilets, and other water efficient appliances. Incorporated Install water-efficient irrigation systems and devices, such as soil moisture-based irrigation controls and use water-efficient irrigation methods. Incorporated 7.1.d Packet Pg. 157 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 52 Addendum Table A-5 (Continued) 2021 PROPOSED REVISED BCBP 2040 CLIMATE ACTION PLAN - GHG REDUCTION MEASURES (September 8, 2021) GHG Reduction Measure Application Water Conservation (Continued) Implement low-impact development practices that maintain the existing hydrology of the site to manage storm water and protect the environment. Incorporated Incorporate recycled/reclaimed water for landscape irrigation and other non-potable water use needs. Incorporate rain barrels and gray water systems for landscape irrigation Not Incorporated Landscaping Incorporate into landscapes drought resistant native trees, trees with low emissions and high carbon sequestration potential. Incorporated Provide parking lot areas with 50% tree cover within 10 years of construction, in particular low emitting, low maintenance, native drought resistant trees. Reduces urban heat island effect. Not Incorporated Dedicate space for neighborhood gardening. Not Incorporated Establish an urban tree planting program. Not Applicable Solid Waste Measures Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard). Incorporated Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Incorporated Provide education and publicity about reducing waste and available recycling services. Incorporated Notes: 1. Reference to “incorporated” measures constitute actions that the Applicant has voluntarily agreed to implement or incorporate into the design, construction, and/or the operation of the 2021 Proposed Revised BCBP. Source: Community Development Department 3.9 Hazards and Hazardous Materials 40 Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Create a significant hazard to the public or the environment through the routine transport, storage, production, use, or disposal of hazardous materials? 40/ A recent study found that “fast-food” workplace transmission of COVID-19 was likely a significant, ongoing contributor to the spread of the disease throughout California during the last year of the pandemic, particularly among the workers of color who make up the vast majority of the State’s “fast-food” workforce (Physicians for Social Responsibility-Los Angeles, COVID-19 Hazards Among California Fast-Food Workers, April 19, 2021). An additional study reported: “Fast-food workers and their communities face a disproportionate risk of COVID-19 transmission and its negative impacts. . .Between their sheer number and high customer volume, fast-food restaurants pose a particular risk of widespread COVID-19 transmission” (Los Angeles County Department of Public Health, The Fast-Food Industry and COVID-19 in Los Angeles, March 2021). Because they represent potential social impacts, potential workplace “hazards,” attributable to COVID-19 and other infectious diseases, including those associated with the 2021 Proposed Revised BCBP’s uses, design, and operations, are not further addressed herein. 7.1.d Packet Pg. 158 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 53 (b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials or waste into the environment? (c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within 0.25 miles 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 Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (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 or excessive noise for people residing or working in the project area? (f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires?  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: The preponderance of issues raised in the City’s environmental checklist (Appendix G, State CEQA Guidelines) relates to presence, handling, and disposal of hazardous materials and wastes, specifically: (1) the routine transport, use or disposal of hazardous materials; (2) the creation 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; (3) the emission of hazardous emissions or handling of hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school; (4) the project’s inclusion on a Cortese-listed property; (5) the project’s location within an airport land-use plan; and (6) the project’s potential to impair implementation of an emergency response plan. With the exception thereof, reference to specific hazards is limited to wildfires. Although not potentially germane to this topical issue, proposed changes to the nature of allowable on-site uses and changes to the approved improvements to the central median along Brea Canyon Road (allowing left turning ingress and egress to the project site) may potentially alter or otherwise affect previously disclosed traffic-related hazards, including the potential severity thereof. Potential traffic-related issues relating to ingress and egress and internal circulation are separately addressed in Section 3.17 (Transportation) herein. 7.1.d Packet Pg. 159 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 54 Addendum Hazards and hazardous materials/wastes are separately addressed below.  Hazards. Relative to identified hazards, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council in Resolution No. 2019-40 (November 19, 2019). None of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. In 2015, the California Supreme Court (California Building Industry Association v. Bay Area Air Quality Management District) ruled that CEQA does not generally require consideration of the effects of existing environmental conditions on a project’s future users or residents but does mandate the analysis of how a project may exacerbate existing environmental hazards. In that ruling, the Supreme Court held: With this holding in mind, we must distinguish between requirements that consider the environment’s effects on a project and those that contemplate the project’s impacts on the existing environment. The former, in light of our analysis of Section 21083 and other relevant language in CEQA, are invalid. The latter, however, are valid and entirely consistent with CEQA’s concerns about environmental protection, public health, and deliberation. Moreover, and consistent with CEQA’s general rule, we note that the statute does not proscribe consideration of existing conditions. In fact, CEQA calls upon an agency to evaluate existing conditions in order to assess whether a project could exacerbate hazards that are already present. . .Indeed, the statutory language emphasizes how the analysis of a project’s potential to exacerbate existing conditions is not an exception to, but instead a consequence of, CEQA’s core requirement that an agency evaluate a project’s impact on the environment. Under certain circumstances (e.g., preparation of an EIR), CEQA directs the Lead Agency to ascertain to what extent, if any, a proposed project exacerbates existing environmental hazards. Referencing Section 15126.2(a) of the State CEQA Guidelines: The EIR shall also analyze any significant environmental effects the project might cause or risk exacerbating by bringing development and people into the area affected. For example, the EIR should evaluate any potentially significant direct, indirect, or cumulative environmental impacts of locating development in areas susceptible to hazardous conditions (e.g., floodplains, coastlines, wildfire risk areas), including both short-term and long-term conditions, as identified in authoritative hazard maps, risk assessments or in land use plans addressing such hazards areas. A broad array of potential environmental hazards (e.g., hydrology and geology) were previously addressed in the 2019 Approved BCBP/MND. To avoid redundancy, potential wildfire hazards are separately addressed in Section 3.20 (Wildfires) herein. ♦ Hazardous Materials/Wastes. Relative to hazardous materials, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council in Resolution No. 2019-40 (November 19, 2019). None of the program- level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and 7.1.d Packet Pg. 160 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 55 adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. As described in the 2019 Approved BCBP/MND, in order to assess the presence or potential presence of hazardous materials and petroleum products on the project site, the Applicant submitted a “Phase I Environmental Assessment Report – 850 Brea Canyon Road (APN 8719-013-017), Walnut, CA 91789” (Robin Environmental Management, January 26, 2018) (2019 Approved BCBP/ESA). The 2019 Approved BCBP/ESA examined all on-site areas but did not address off-site areas associated with the 2019 Approved BCBP and 2021 Proposed Revised BCBP (e.g., Caltrans right- of-way). As indicated therein: As a result of the site reconnaissance, review of federal, state, local reported environmental information regarding the said facilities obtained via computer search, this assessment identified no evidence of recognized environmental conditions, by practices at the subject property and its immediate neighbors that could significantly impact the subject property. No Phase II subsurface investigation is recommended for the subject site.41 Subsequent to the preparation of that 2019 Approved BCBP/ESA, no actions have been initiated either by the Applicant or by others that would result in the introduction of actionable levels of hazardous materials or wastes or petroleum products on or near the project site. As a result, the information, analysis, and findings presented in that 2019 Approved BCBP/ESA remain relevant to the 2021 Proposed Revised BCBP. As indicated therein and as described in the 2019 Approved BCBP/MND, the project site is not identified as a Cortese-listed property. Additionally, the project site is not located within the boundaries of an airport land-use plan or within two miles of a public airport or public use airport. Relative to emergency response plans, County-designated “disaster routes” in the general project area include the Pomona (SR-60) Freeway, Brea Canyon Road, Valley Boulevard, and Colima Road/Golden Springs Road. Based on proposed improvements to Brea Canyon Road and to the Brea Canyon Road/Lycoming Street intersection, multi-jurisdictional disaster response efforts would be enhanced. Although the project site is located within one-quarter mile of an existing school (Discovery World Preschool and Private Elementary School, 801 Brea Canyon Road, Diamond Bar), with the exception of cleaning products and associated household hazardous wastes, the 2021 Proposed Revised BCBP neither includes the routine transport, use or disposal of hazardous materials nor the creation a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials, hazardous wastes, or petroleum products into the environment. The 2021 Proposed Revised BCBP includes the elimination, redesign, and/or reconfiguration of the previously approved 8,900 GSF “medical office” building (“Parcel 2”) and the incorporation of a proposed 6,500 GSF “retail/restaurant” (“QSR-1”) building thereupon. As a result, the 2021 Proposed Revised BCBP will likely reduce the potential presence of “medical wastes” (including biohazardous wastes) and increase 41/ Robin Environmental Management, Phase I Environmental Assessment Report – 850 Brea Canyon Road (APN 8719-013-017), Walnut, CA 91789, January 26, 2018, p. 25. 7.1.d Packet Pg. 161 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 56 Addendum the presence of non-hazardous organic wastes, green wastes, food wastes, and food- soiled paper, including the “food packaging”42 materials associated therewith. With the possible exception of styrene and perfluorinated and polyfluorinated alkyl substances (PFAS),43 the introduction of retail and/or restaurant-related uses (in lieu of medical office space) is neither anticipated to result in the introduction of any use- specific hazardous materials and/or hazardous wastes adversely affecting on-site users, off-site receptors, or the environment at large. Although not manufactured on the project site, styrene, used to manufacture polystyrene products, is identified by the State as a human carcinogen under Proposition 65 chemicals. Styrene, typically in the form of polystyrene foam containers, may be present in packaging material routinely associated with restaurant-related uses. The State advises that individuals limit consumption of hot food and beverages from polystyrene containers (e.g., small amounts of styrene can be transferred to some food from polystyrene-based food-contact items, such as drinking cups, plates, and other containers).44 Polystyrene foam food and beverage service ware is a distinctive litter concern because it is lightweight, easily blown into streets and waterways, and floats in water. It also breaks apart easily into small pieces, is difficult to collect, and is often mistaken as food by birds, fish, and wildlife. Assembly Bill (AB) 1200 (Plant-Based Food Packaging: Cookware: Hazardous Chemicals), as signed by the Governor on October 5, 2021, added Chapter 15 (commencing with Section 109000) to Part 3 of Division 104 of the H&SC and, beginning on January 1, 2023: (1) prohibits any person from distributing, selling, or offering for sale in the State any food packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAS); and (2) requires manufacturers to use the least toxic alternative when replacing regulated PFAS in food packaging to comply with this requirement. The proposed “retail/restaurant” uses are not anticipated to be operational prior to January 1, 2023. Compliance with the provisions of AB 1200 will reduce potential PFAS-related hazards to a less-than-significant level. The construction and operation of the 2021 Proposed Revised BCBP will have less-than- significant hazards and hazardous materials impacts under CEQA. 42/ Assembly Bill (AB) 1200 (Plant-Based Food Packaging: Cookware: Hazardous Chemicals), as signed by the Governor on October 5, 2021, added Chapter 15 (commencing with Section 109000) to Part 3 of Division 104 of the H&SC defines “food packaging,” in part, to mean a nondurable package, packaging component, or food service ware that is comprised, in substantial part, of paper, paperboard, or other materials originally derived from plant fibers. “Regulated perfluoroalkyl and polyfluoroalkyl substances or PFAS” are defined therein to mean either of the following: (1) PFAS that a manufacturer has intentionally added to a product and that have a functional or technical effect in the product, including the PFAS components of intentionally added chemicals and PFAS that are intentional breakdown products of an added chemical that also have a functional or technical effect in the product; and (2) The presence of PFAS in a product or product component at or above 100 parts per million, as measured in total organic fluorine. 43/ “PFAS” are defined to mean a class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom 44/ State of California, Proposition 65 (https://www.p65warnings.ca.gov/fact-sheets/styrene). 7.1.d Packet Pg. 162 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 57  Additional References: ♦ Bǎlan, S.A., Mathrani, V.C., Guo, D.F., and Algazi, A.M., Regulating PFAS as a Chemical Class under the California Safer Consumer Products Program, Environmental Health Perspective, Vol. 129, No. 2, February 17, 2021 (https://ehp.niehs.nih.gov/doi/full/10.1289/EHP7431). ♦ Bhatia, Rajiv and Argűello, Martha D., COVID 19 Hazards Among California Fast- Food Workers, Physicians for Social Responsibility – Los Angeles, April 19, 2021 (https:///psr-la.org/files/Physicians%20for%20Social%20Responsibility-Fast- food%20COVID%20Report.pdf). ♦ California Department of Industrial Relations Division of Occupational Safety and Health, Fact Sheet, Aerosol Transmissible Disease, November 2019 (https://www.dir.ca.gov/dosh/dosh_publications/Aerosol-Diseases-fs.pdf). ♦ California Department of Industrial Relations Division of Occupational Safety and Health, Interim Guidelines on Protecting Workers from COVID-19, May 14, 2020 (https://www.dir.ca.gov/dosh/coronavirus/General-Industry.html). ♦ Los Angeles County Department of Public Health, The Fast-Food Industry and COVID- 19 in Los Angeles, March 2021 (https://laborcenter.berkeley.edu/wp-content/uploads/2021/03/The-Fast-Food- Industry-and-COVID-19-in-Los-Angeles.pdf). ♦ United States Food and Drug Administration, FDA Report on the Occurrence of Foodborne Illness Risk Factors in Fast Food and Full-Service Restaurants, 2013-2014, FDA National Retail Food Team, November 2018. ♦ Wu H.W. and Sturm R., What’s on the Menu? A Review of the Energy and Nutritional Content of U.S. Chain Restaurant Menus, Public Health Nutrition, January 2013, Vol. 16, No. 1, pp. 87-96. 3.10 Hydrology and Water Quality Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? (b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? 7.1.d Packet Pg. 163 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 58 Addendum (c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: (1) Result in substantial erosion or siltation on- or off-site; (2) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site; (3) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; or (4) Impede or redirect flood flows? (d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? (e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: Relative to hydrology and water quality, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council in Resolution No. 2019-40 (November 19, 2019). None of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. On March 8, 2000, development planning program requirements, including the “standard urban storm water mitigation plan” (SUSMP) requirements, as established under federal regulations (40 CFR 122.26[d]), were approved by the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) as part of the “Los Angeles County Municipal Storm Water Permit (NPDES Permit No. CAS004001)” (Order No. 01-182), as amended by Order No R4-2006-0074 on September 14, 2006. On November 8, 2012, superseding “Order No. 01-182,” as amended, the LARWQCB adopted “Order No. R4-2012- 0175” (NPDES Permit No. CAS004001), establishing revised “Wastewater Discharge Requirements for Municipal Separate Storm Sewer System Discharges within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4” (2012 MS4 Permit). On July 23, 2021, superseding “Order No. R-4-2012-0175,” the LACRWQB adopted “Order No. R4-2021-0105” (NPDES Permit No. CAS004004), establishing updated “Wastewater Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of 7.1.d Packet Pg. 164 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 59 Long Beach MS4” (2021 MS4 Permit). The 2021 MS4 Permit became effective on September 11, 2021 and expiring on September 11, 2026. “Order No. R4-2012-0175” is not retroactive and remains valid while it is still in effect. “Order No. R4-2012-0175” serves to implement the federal Phase I NPDES Stormwater Program requirements, including the following three fundamental elements: (1) a requirement to effectively prohibit non-stormwater discharges through the MS4, (2) requirements to implement controls to reduce the discharge of pollutants in stormwater to the maximum extent practicable (MEP),45 and (3) other provisions the LARWQCB has determined appropriate for the control of such pollutants. The 2021 MS4 Permit’s main purpose is to implement effective pollution prevention programs to reduce the discharge of pollutants from the MS4 to protect receiving waters and their beneficial uses. The 2021 MS4 Permit serves as a system-wide general NPDES permit for MS4 storm water and non-storm water discharges within the coastal watersheds of the County (receiving waters) under which the Los Angeles County Flood Control District (LACFCD),46 the County, and 86 incorporated cities (including the City of Diamond Bar and excluding the City of Long Beach) collectively constitute the “Permittees”47 Pursuant to Section 13263(a) of the California Water Code (CWC), the requirements of that order implement the LARWQCB’s “Water Quality Control Plan, Los Angeles Basin” (1994) (Basin Plan).48,49 The project site is located in the San Gabriel Valley Basin Groundwater Basin. The San Gabriel Valley Groundwater Basin is not a critically over drafted basin. No Sustainable Groundwater Management Plan has been adopted for that basin. For certain new development and redevelopment projects, including the 2021 Proposed Revised BCBP, the 2021 MS4 Permit stipulates that all Permittees implement a “planning and land development program” (Part VIII.F) in order to: (1) control pollutants, pollutant loads, and runoff volume emanating from the project site by (a) minimizing the impervious surface area and (b) controlling runoff from impervious surfaces through infiltration, bioretention and/or rainfall harvest and use; and (2) unless deemed infeasible, retain, on the project site, the “Stormwater Quality Design Volume” (SWQDv) from a design storm event, 45/ Municipalities are responsible for reducing the discharge of pollutants in storm water to the maximum extent practicable (MEP). This means choosing effective Best Management Practices (BMPs) and rejecting otherwise applicable BMPs only where other more effective BMPs would serve a similar purpose, would not be technically feasible, or where the cost would be prohibitive. 46/ The Los Angeles County Department of Public Works (LACDPW) manages and maintains flood control facilities within the major rivers and channels throughout the County. The LACDPW’s Flood Maintenance Division maintains only those flood control facilities that are part of the County-maintained flood control system and provides no review, management, or on-going maintenance of private facilities. 47/ A federal appellate court has noted: “In the [Los Angeles County Flood Control] District, stormwater runoff is collected by thousands of storm drains located in each municipality and channeled to a storm sewer system. The municipalities in the District operate MS4s to collect and channel stormwater. The County also operates an MS4s for certain unincorporated areas. Unlike a sanitary sewer system, which transports municipal sewage for treatment at a wastewater facility, or a combined sewer system, which transports sewage and stormwater for treatment, MS4s contain and convey only untreated stormwater. In the County, municipal MS4s are ‘highly interconnected’ because the District allows each municipality to connect its storm drains to the District’s extensive flood-control and storm-sewer infrastructure. That infrastructure includes 500 miles of open channels and 2,800 miles of storm drains. The length of the MS4 system and the locations of all storm drain connections are not known exactly because a comprehensive map of the storm drain system does not exist” (Natural Resource Defense Council v. County of Los Angeles [2011]). 48/ California Regional Water Quality Control Board, Los Angeles Region, Water Quality Control Plan, Los Angeles Region, 1994, as revised. 49/ A summary of regulatory provisions of the Basin Plan is codified in Sections 3930 et seq. in Title 23 (Waters), Division 4 (Regional Water Quality Control Boards), Chapter 1 (Water Quality Control Plans, Policies, and Guidelines), Article 4 (Los Angeles Basin), California Code of Regulations. 7.1.d Packet Pg. 165 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 60 Addendum defined as the runoff from: (a) the 0.75-inch, 24-hour rain event; or (b) the 85th percentile, 24-hour rain event, as determined from the County’s 85th percentile precipitation isohyetal map, whichever is greater.50 The general development footprint of the 2019 Approved BCBP and 2021 Proposed Revised BCBP projects are similar. Both projects call for the same number of buildings, in the same general locations, and at the same proposed heights. With the exception of the City’s adoption of the 2019 CBC and 2019 CalGreen (Ordinance No. 04[2019], December 3, 2019) and the LARWQCB’s adoption of “Order No. R4-2021-0105” (NPDES Permit No. CAS004004, July 23, 2021), the initiation of on-site grading activities, no changes to localized and/or regional hydrology have occurred following the adoption of the 2019 Approved BCBP/MND. As part of the 2021 Development Application, the Applicant submitted an updated “Hydrology, Hydraulic & LID Calculations for Brea Canyon Business Park, 850 S. Brea Canyon Road, Diamond Bar, CA 91789 (Plotnik & Associates, September 6, 2021). That technical report includes the 2021 Proposed Revised BCBP’s “low impact development plan” (2021 Proposed Revised BCBP/LID), as submitted in compliance with and meeting the requirements set forth in the California Regional Water Quality Control Board, Los Angeles Region (LARWQCB) “Order No. R4-2012-0175” (NPDES Permit No. CAS004001). As indicated in the 2019 Approved BCBP/MND, with regards to the 2019 Approved BCBP, approximately 70 percent of the project site will be covered with impervious surfaces. With regards to the 2021 Proposed Revised BCBP, the proposed impervious areas will also cover approximately 70 percent of the project site. Because the amount of impervious surfaces will not increase, the 2021 Proposed Revised BCBP will not substantially decrease groundwater supplies or interfere substantially with groundwater recharge. Similarly, the 2021 Proposed Revised BCBP will not increase the quantity or quality of stormwater discharged from the project site. Applicable to both the 2019 Approved BCBP and 2021 Proposed Revised BCBP, storm drain runoff from impervious areas will be directed to surface gutters leading to catch basins and underground storm drain piping. Storm drain piping will direct the runoff to underground infiltration chambers sized to accommodate the SWQDv. Once the infiltration chambers are full, the flow will bypass the chambers and flow into the existing County flood control channel (PD 1445). All downstream drainage conveyance systems are fully improved and have been designed to handle runoff to allowable flows dictated by the County. Drainage systems discharge to the Pacific Ocean. As per LACDPW standards, runoff into that channel is restricted to 1.78 cubic feet/second (cfs) per acre. The drainage area consists of the approximately 5.69-acre project site51 plus an additional 0.56-acre Caltrans’s landscaped slope area which drains onto the site. The project site is divided into 9 drainage areas (Areas A-1 through A-6, B, C, and D). Each of those drainage areas discharge to the County flood control channel. The allowable discharge 50/ California Regional Water Quality Control Board, Los Angeles Region, Order No. R4-2021-0105, NPDES Permit No. CAS004004, Wastewater Discharge Requirements and National Pollutant Discharge Elimination System (NPDES) Permit for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4, July 23, 2021, Part VIII.F.4, p. 58. 51/ Tentative Parcel Map No. 82066 (Plotnik & Associates, October 28, 2021) identifies the project site as containing 249,022 gross square feet (approximately 5.72 acres) and 247,676 net square feet (approximately 5.69 acres). 7.1.d Packet Pg. 166 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 61 (Q50) thereto totals 11.13 cfs (6.25 acres x 1.78 cfs/acre). The unmitigated 50-year recurrence interval peak flow to that channel is 18.21 cfs and, therefore, exceed that allowable volume. In response thereto, with regards to the 2019 Approved BCBP, the following “conditions of approval” were imposed by the Council (Resolution No. 2019-42): ♦ A Storm Water Pollution Prevention Plan (SWPPP) shall be submitted and approved by the City, uploaded to the State’s SMARTS system, and a WDID [Water Discharge Identification] number shall be acquired from the California Water Board prior to the issuance of construction permits. ♦ The applicant shall comply with Low Impact Development (LID) requirements to the satisfaction of the City Engineer. The LID Plan will be required to comply with the 2012 MS4 Permit. The LID Plan shall be approved prior to grading permit issuance and/or building permit issuance for new structures. ♦ Detailed drainage system information of the lot shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. ♦ Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a City Engineer registered in the State of California to the satisfaction of the City Engineer. ♦ All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. Compliance with the 2021 MS4 Permit, applicable County and City standards, and the adopted “conditions of approval” imposed on the 2019 Approved BCBP relating to hydrology and water quality, including the preparation of a Storm Water Pollution Prevention Plan (SWPPP) and the incorporation of appropriate Best Management Practices (BMPs), will ensure that potential water quality impacts attributable to the construction and implementation of the 2021 Proposed Revised BCBP will remain at a less-than-significant level under CEQA.  Additional References: ♦ California Regional Water Quality Control Board, Los Angeles Region, Order No. R4- 2012-0175, NPDES Permit No. CAS004001 (Wastewater Discharge Requirements for Municipal Separate Storm Sewer System [MS4] Discharges Within the Coastal Watersheds of Los Angeles County, Except those Discharges Originating from the City of Long Beach MS4, November 8, 2012. ♦ California Regional Water Quality Control Board, Los Angeles Region, Water Quality Control Plan, Los Angeles Region, 1994, as revised. ♦ Plotnik & Associates, Hydrology, Hydraulic & LID Calculations for Brea Canyon Business Park, 850 S. Brea Canyon Road, Diamond Bar, CA 91789, September 6, 2021. 7.1.d Packet Pg. 167 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 62 Addendum 3.11 Land Use and Planning Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Physically divide an established community? (b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect?  Preliminary Determination: No Impact  Findings of Fact: Relative to land use and planning, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council in Resolution No. 2019-40 (November 19, 2019). None of the PMMs included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. When comparing the 2019 Approved BCBP and 2021 Proposed Revised BCBP, the proposed changes to the development plan include, but may not be limited to: ♦ Although the 2021 Proposed Revised BCBP remains a 4-lot subdivision, the size and configuration of those parcels has been revised, amended, updated, expanded, and/or modified in the revised site plan. ♦ The 1-story 8,900 GSF multitenant “medical office” building (“Parcel 2”) included in the 2019 Approved BCBP would be replaced with a 6,500 GSF single or multitenant “retail/restaurant” (“QSR-1”) building (“Parcel 2”), including, but not limited to, a “fast- food restaurant” (with “drive-thru”) and one or more additional unspecified “restaurants” and/or “retail” uses. That structure has been identified by the Applicant at the “QSR-1” building. Although alternatively identified by the Applicant as “quick service retail”52 or “quick service restaurant,”53 the acronym “QSR” is typically associated with the food industry’s restaurant categorization of “quick-service restaurants” (e.g., “fast-food restaurants”). Unless the word “retail” is interpreted to include all manners of restaurants, defining the “QSR-1” building as “quick service retail” building may, therefore, be a misnomer. ♦ The total gross square footage of the proposed “hotel” has increased by approximately 2,785 GSF and the number of guest rooms has increased from 109 to 124 rooms. ♦ The proposed hotel modification includes extending the front of the hotel by approximately two feet in certain areas. 52/ Linscott Law & Greenspan, Brea Canyon Business Center, Diamond Bar, Vehicle Miles Traveled (VMT) Analysis, September 16, 2021. 53/ G/A/A Architects, Revised Conceptual Architectural Plans, Sheet A.2.3, September 8, 2021. 7.1.d Packet Pg. 168 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 63 ♦ The total gross leasable area (GLA) of the entire project has increased by an estimated 385 gross square feet (GSF) from 118,471 gross square feet to 118,856 GSF. ♦ Although no operational parameters have been identified by the Applicant, by changing the proposed land use on “Parcel 2” from “medical office” to “retail/restaurant,” the anticipated hours of operation associated with the “restaurant” and the “drive-thru” lane would be expected to expand to include additional evening and weekend hours. If different, the hours of operation of the indoor areas associated with the “restaurant” and the “outdoor dining area” may differ, such that the hours that the “drive-thru” and the “outdoor dining area” operate may extend beyond those associated with the provision of other indoor restaurant-related services. ♦ Compared to the previously approved “medical office” building (“Parcel 2”), increased exterior lighting and signage is associated with the proposed “retail/restaurant” uses. ♦ The proposed “retail/restaurant” uses (“Parcel 2”) include the introduction and operation of both one or more unspecified outdoor speakers and one or more illuminated menu board associated with the operation of the “drive-thru” lane. ♦ “Fast-food restaurants” and other “restaurants” typically generate odors not routinely associated with “office” uses. ♦ The inclusion of “outdoor dining” opportunities will likely result in a greater number of people congregating and conversing in exterior on-site areas. ♦ The operation of the “drive thru” will introduce queuing vehicles and associated engine and other amplified noise (e.g., radios and sound systems) within close proximity to proximal residences. A lead agency conducting environmental review of a project must consider whether the project would “conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect” (Appendix G[XI][b], State CEQA Guidelines). “Land use plans, policies, and regulations” can be construed as inclusive of both general plan and zoning ordinances. Both policy-based and regulatory documents are separately addressed below. ♦ 2040 General Plan/CAP. With regards to the 2021 Proposed Revised BCBP’s consistency with the 2040 General Plan/CAP, based on the Department’s review of the most recent development plans (G/A/A, September 8, 2021), a policy-based consistency analysis is presented in parts in Table A-4 (Preliminary Consistency Analysis – Applicable 2040 Climate Action Plan Goals and Policies [September 8, 2021]) and Table A-6 (2021 Proposed Revised BCBP Preliminary Consistency Analysis – Applicable 2040 General Plan Goals and Policies [September 8, 2021]). Although certain goals and objectives appear to address potential environmental effects, based on the precise nature of a proposed project, not all such goals and policies are applicable to all development-related activities undertaken within the City. Those goals and policies that do not appear to avoid or mitigate a potential environmental effect or have been preliminarily deemed by the Department to be either “not applicable” or “not relevant” to the 2021 Proposed Revised BCBP, including those policies that cannot be reasonably implemented at the project level, are not cited therein. As such, the listing presented is not intended to be inclusive of the totality of goals and objectives included in the 2040 General Plan/CAP. 7.1.d Packet Pg. 169 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 64 Addendum Table A-6 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 GENERAL PLAN GOALS AND POLICIES (September 8, 2021) No. Policy Application Land Use and Planning LU-G-1 Maintain a balanced mix of land uses, including employment, residential, retail, and open space, including open space devoted to the preservation of natural resources, to support a vibrant community and Diamond Bar’s quality of life. Consistent. The 2021 Proposed Revised BCBP includes a “mix of land uses.” LU-G-3 In areas planned to accommodate new growth, ensure quality design that makes a positive contribution to the character of Diamond Bar. Consistent. The 2021 Proposed Revised BCBP is subject to the City’s “development review” process. LU-G-5 Manage development in a manner consistent with the capabilities of the City to provide public services and facilities effectively. Consistent. The project site is adequately serviced by “public services and facilities.” LU-P-1 Ensure that the scale and massing of new development provides sensitive transitions or design techniques in building height, bulk, and landscaping to minimize impacts on adjacent, less intensive uses, particularly residential uses. Consistent. The 2021 Proposed Revised BCBP seeks no deviation from applicable building height, bulk, and landscaping standards. LU-P-4 Monitor and evaluate potential impacts of proposed adjacent, local, and regional developments to anticipate and require mitigation to the greatest extent feasible to reduce land use, circulation, and economic impacts on Diamond Bar. Consistent. No significant unmitigable “land use, circulation, and economic impacts” result from the approval, construction, and operation of the 2021 Proposed Revised BCBP. LU-P-5 Ensure that adequate public services, facilities, and infrastructure are available or provided to support new development, including water, wastewater, stormwater, solid waste, transportation, public safety, and parks. Consistent. “Adequate public services, facilities, and infrastructure” are available to serve the 2021 Proposed Revised BCBP. LU-P-6 When appropriate, require new development to pay its fair share of the public facilities and off-site improvements needed to serve the proposed use. Consistent. The 2021 Proposed Revised BCBP includes the payment of “fair share” impact fees. LU-P-7 As larger vacant or underutilized sites within the built environment are developed or redeveloped, maximize multimodal accessibility with appropriately designed street networks, and walkable block sizes scaled to proposed uses. Potentially Inconsistent. The 2019 Approved BCBP was not subject to the 2040 General Plan/CAP and no comparable policy existed therein. The 2021 Proposed Revised BCBP potentially forecloses local plans for planned bicycle network improvements. Commercial, Office, and Industrial LU-G-8 Promote the development of distinct, well-designed commercial centers that serve neighborhood residents, community members, and/or the region at large and help maintain economic vitality. Consistent. The 2021 Proposed Revised BCBP will “help maintain economic vitality.” LU-P-12 Ensure that commercial uses and shopping centers are designed in a manner compatible with adjacent residential areas in terms of traffic and noise impacts, building scale, and appropriate transitions and buffers. Consistent. The introduction of a “fast-food restaurant” (with “drive-thru”) and an “outdoor dining area” introduces a variety of new noise sources adjacent to and potentially perceptible to those sensitive receptors; however, anticipated noise impacts are projected to be below existing ambient noise levels associated with the Pomona (SR-60) Freeway. Economic Development ED-G-1 Prioritize infill development opportunities and the reuse of existing vacant commercial space to grow the city’s base of residents and employment to ensure long-term fiscal sustainability and promote conservation of natural open space. Consistent. The 2021 Proposed Revised BCBP represents a “infill development opportunity” that expands employment and promotes long-term fiscal sustainability. ED-G-2 Provide for the development of jobs and commercial uses within Diamond Bar to reduce residents’ commutes, and to encourage residents to shop and dine locally. Consistent. The 2021 Proposed Revised BCBP would create new jobs and commercial opportunities. Community-Serving Uses CC-G-6 Encourage high-quality, human-scaled design and development that respects the surrounding built environment while offering a diversity of building types. Consistent. So as to create the greatest separation distance, the proposed hotel expansion is located on the most southern portion of the project site. City Identity CC-P-5 Establish a landscaping palette made up of native, drought-tolerant plants and stormwater management systems with a view to enhancing beautification and sustainable landscaping practices. Consistent. The 2021 Proposed Revised BCBP incorporates both drought-tolerant landscaping and an integrated stormwater management system. 7.1.d Packet Pg. 170 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 65 Table A-6 (Continued) 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 GENERAL PLAN GOALS AND POLICIES (September 8, 2021) No. Policy Application Community Character and Placement City Identity (Continued) CC-P-6 Prioritize sustainability in site design. When incorporating on-site stormwater management through the use of bioswales, rain gardens, permeable pavement, and/or other available low-impact development technologies, require such features to be aesthetically integrated into the site design Consistent. The 2021 Proposed Revised BCBP/LID is compliant with applicable City policies relating to sustainable site design. Streetscapes and Building to Street Interface CC-P-10 Maintain an open relationship between buildings and the street edge, avoiding fencing and significant landscape barriers but incorporating street trees and other landscaping where possible. Consistent. The 2021 Proposed Revised BCBP does not include a perimeter wall along its Brea Canyon Road frontage. Site Planning and Parking CC-P-25 Encourage the design of shared parking for commercial and office uses where possible. Consistent. The 2021 Proposed Revised BCBP is subject to receipt of a “shared-parking” permit. Building Massing and Design CC-P-28 Ensure that new development does not cast significant shadows over existing development. Require detailed shadow studies as part of development review where appropriate. Consistent. A “shade and shadow” analysis was presented in the 2019 Approved BCBP/MND and demonstrated “no significant shadows over existing development.” The 2021 Proposed Revised BCBP neither increases the height of any proposed structures nor relocated any structures closer to any “existing development.” CC-P-35 Ensure the protection of views of hillsides and ridges from public streets, parks, trails, and community facilities by requiring a visual impact analysis for new development that identifies potential impacts to visual resources as well as feasible measures to mitigate any potential impacts. Consistent. Because the site abuts the Pomona (SR-60) Freeway, no substantial “views of hillsides and ridges from public streets” presently exist. Because no significant aesthetic impacts have been identified, no “visual impact analysis” is either required or warranted. Transportation Network and Street Design CR-G-1 Improve the operating efficiency of the transportation system by reducing vehicle travel demand and providing opportunities for other modes of travel. Before approving roadway improvements that focus on increasing vehicle capacity, consider alternatives that reduce vehicle volumes and prioritize projects that would reduce single-occupancy vehicle use and greenhouse gas emissions. Potentially Inconsistent. The 2019 Approved BCBP was not subject to the 2040 General Plan/CAP and no comparable policy existed therein. The 2021 Proposed Revised BCBP potentially forecloses local plans for planned bicycle network improvements. CR-P-5 Necessary transportation improvements should be in place, or otherwise guaranteed to be installed in a timely manner, before or concurrent with new development. In evaluating whether a transportation improvement is necessary, consider alternatives to the improvement consistent with CR-G-1, and the extent to which the improvement will offset the traffic impacts generated by proposed and expected development. Consistent. The 2021 Proposed Revised BCBP/TIA identifies relevant project-specific transportation improvements associated with the proposed project. The Applicant has committed to the payment of applicable “fair-share contributions” thereto. CR-P-6 Continue to implement congestion mitigation measures to ensure that new projects do not significantly increase local City congestion based on defined level of service (LOS) standards. CR-P-7 Support the development of City street design standards that: (a) Address the needs of different modes according to roadway classification (b) Reduce the potential for conflicts and safety risks between modes; and (c) Support and manage the use of transportation options that will become increasingly popular in the future, such as TNCs [Transportation Network Companies], AVs [autonomous vehicles], micro-transit (privately operated transit), and other emerging transportation technologies. Potentially Inconsistent. The 2019 Approved BCBP did not include a “retail/restaurant” use. The 2019 Approved BCBP was not subject to the 2040 General Plan/CAP and no comparable policies existed therein. The 2021 Proposed Revised BCBP does not appear to presently accommodate TNC (including “third-party delivery services” and “curbside pick-up) and potentially forecloses local plans for planned bicycle network improvements. CR-P-8 Plan for passenger pick-up / drop-off locations within both public right-of-way and on private properties for AVs, TNCs, and micro-transit to limit traffic disruptions and increase safety by identifying and designating specific locations for pick-ups and drop-offs. 7.1.d Packet Pg. 171 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 66 Addendum Table A-6 (Continued) 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 GENERAL PLAN GOALS AND POLICIES (September 8, 2021) No. Policy Application Circulation Vehicle Circulation CR-G-7 Ensure smooth traffic flows by maintaining or improving traffic levels of service (LOS) that balance operational efficiency, technological and economic feasibility, and safety. Consistent. The 2021 Proposed Revised BCBP/TIA identifies relevant project-specific transportation improvements associated with the proposed project. The Applicant has committed to the payment of applicable “fair-share contributions” thereto. CR-G-8 Encourage reduction in vehicle miles traveled (VMT) as part of a strategy to reduce greenhouse gas (GHG) emissions. Potentially Inconsistent. The 2021 Proposed Revised BCBP increases VMT and potentially forecloses local plans for planned bicycle network improvements. LOS Standards CR-P-12 Balance meeting LOS standards with the need to reduce VMT through maintaining and supporting multi-modal connectivity such as transit, bicycling, walking, and by encouraging infill development with a pedestrian-friendly urban design character. Potentially Inconsistent. The 2021 Proposed Revised BCBP increases VMT and potentially forecloses local plans for planned bicycle network improvements. CR-P-13 Maintain a standard of LOS D during peak hour conditions on all streets in the City’s jurisdiction, with exceptions as noted below: (a) Brea Canyon Road south of Diamond Bar Boulevard (LOS F); (b) Brea Canyon Road north of Diamond Bar Boulevard (LOS E); (c) Grand Avenue west of Country View Dr (LOS E); (d) Diamond Bar Boulevard at SR-60 Eastbound Ramps (LOS F). Consistent. The 2021 Proposed Revised BCBP/TIA identifies relevant project-specific transportation improvements associated with the proposed project. The Applicant has committed to the payment of applicable “fair-share contributions” thereto. CR-P-16 Allow exceptions to LOS standards upon findings by the City Council that achieving the designated LOS would: (a) Be technologically or economically infeasible; or (b) Compromise the City’s ability to support other important policy priorities, including but not limited to: (i) Promoting alternate modes of transportation; (ii) Ensuring pedestrian, bicycle and automobile safety, comfort, and convenience; (iii) Reducing VMT and GHG emissions; and i(v.)Preserving and enhancing character of the community. Consistent. The 2021 Proposed Revised BCBP does not seek any “exceptions to LOS standards.” CR-P-17 Maintain roadway design standards to manage vehicle speeds and traffic volumes, updating them as needed. Consistent. The 2021 Proposed Revised BCBP conforms to all applicable “roadway design standards.” Pedestrian and Bicycle Circulation CR-G-11 Expand and strengthen existing pedestrian and cyclist network and facilities. Potentially Inconsistent. The 2021 Proposed Revised BCBP potentially forecloses local plans for planned bicycle network improvements. CR-G-12 Improve safety and accessibility for pedestrians and cyclists. Design and Programs CR-P-37 Ensure that secure and convenient bicycle parking is available at major destinations such as the Town Center, commercial centers, transit stops, schools, parks, multi-family housing, and large employers. Consistent. Provisions for “secure and convenient bicycle parking” have been incorporated into the design of the 2021 Proposed Revised BCBP. Resource Conservation Water Resources RC-G-7 Protect waterways - including creeks, riverines, artesian springs, seeps, and wetlands - and watersheds in Diamond Bar from pollution and degradation as a result of urban activities. Consistent. The 2021 Proposed Revised BCBP preserves the existing County flood control channel (PD 1445) (Diamond Bar Creek). RC-G-10 Minimize the consumption and waste of potable water through water conservation and use of reclaimed water Consistent. Reclaimed water will be used for site landscaping. RC-G-12 Pursue methods to control, capture, and reuse stormwater runoff for the purposes of groundwater recharge and local water recovery Consistent. The 2021 Proposed Revised BCBP/LID is compliant with applicable City policies relating to sustainable site design. RC-P-18 Ensure new development reduces the waste of potable water through the use of native and drought-tolerant plants, efficient landscape design and application, and reclaimed water systems where available. Consistent. Reclaimed water will be used for site landscaping. Drought-tolerant planning and efficient design has been applied. 7.1.d Packet Pg. 172 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 67 Table A-6 (Continued) 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 GENERAL PLAN GOALS AND POLICIES (September 8, 2021) No. Policy Application Resource Conservation Water Conservation (Continued) RC-P-19 Encourage the implementation of the latest water conservation technologies into new developments. Consistent. Weather-based irrigation controllers, drip irrigation, and newest technology has been incorporated for water conservation. RC-P-20 Ensure developers provide information to prospective buyers or tenants within the City of Diamond Bar regarding drought-tolerant planting concepts. Consistent. Applicant shall notify prospective buyers or tenants regarding drought-tolerant planting concepts. Water Quality RC-P-22 Protect and, where feasible, enhance or restore the City’s waterways and drainages, preventing erosion along the banks, removing litter and debris, and promoting riparian vegetation and buffers. Consistent. The 2021 Proposed Revised BCBP preserves the existing County flood control channel (PD 1445) (Diamond Bar Creek). RC-P-23 Ensure that post-development peak stormwater runoff discharge rates do not exceed the estimated predevelopment rate and that dry weather runoff from new development not exceed the pre-development baseline flow rate to receiving water bodies. Consistent. The “Hydrology, Hydraulic & LID Calculations for Brea Canyon Business Park, 850 S. Brea Canyon Road, Diamond Bar, CA 91789” (Plotnik & Associates, September 6, 2021) demonstrates the proposed project’s compliance therewith. Air Quality RC-G-13 Protect the City’s air quality and support efforts to protect and improve regional air quality. Consistent. As mitigated, the potential air quality impacts attributable to the 2021 Proposed Revised BCBP do not elevate to a level of significance. RC-G-14 Aim for a diverse and efficiently-operated local and regional ground transportation system that reduces VMT and generates the minimum amount of pollutants feasible. Potentially Inconsistent. The 2021 Proposed Revised BCBP potentially forecloses local plans for planned bicycle network improvements. RC-P-24 Encourage new development to minimize impacts on air quality through the following measures: (a) Use of building materials and methods that minimize air pollution. (b) Use of fuel-efficient heating equipment, and other appliances, such as water heaters, swimming pool heaters, cooking equipment, refrigerators, furnaces, boiler units, and low or zero-emitting architectural coatings. (c) Use of clean air technology beyond what is required by South Coast Air Quality Management District (SCAQMD), leveraging State and local funding sources. Consistent. Although the specific measures may not be incorporated, the Applicant will use best efforts to minimize impacts on air quality through the measures noted. RC-P-26 Ensure that new development projects are designed and implemented to be consistent with the South Coast Air Quality Management Plan. Consistent. The 2019 Approved BCBP/MND concluded that the 2019 Approved BCBP was consistent with the current “Air Quality Management Plan.” Those modifications thereto, as associated with the 2021 Proposed Revised BCBP, would not materially alter that determination. RC-P-29 Ensure that project applicants consult with SCAQMD when siting new facilities with dust, odors, or toxic air contaminant (TAC) emissions to avoid siting those facilities near sensitive receptors and avoid siting sensitive receptors near sources of air pollution. Consistent. Absent any project-specific SCAQMD permits or approvals, no formal consultation is required. RC-P-30 For new or modified land uses that have the potential to emit dust, odors, or TACs that would impact sensitive receptors, require the business owners to obtain all necessary SCAQMD clearances or permits prior to business license or building permit issuance. Consistent. No SCAQMD permits or approval are associated with the proposed project. RC-P-33 Require construction and grading plans to include State and AQMD-mandated measures to the maximum extent possible fugitive dust and pollutants generated by construction activities and those related to vehicle and equipment cleaning, fueling and maintenance as well as mono-nitrogen oxides (NOx) emissions from vehicle and equipment operations. Consistent. The 2021 Proposed Revised BCBP is assumed to fully comply with all applicable “State and AQMD-mandated measures.” RC-P-35 Promote transit-oriented, walkable, compact development patterns, the provision of non-polluting transportation alternatives, and transportation demand management measures to reduce total vehicle miles traveled. Potentially Inconsistent. The 2021 Proposed Revised BCBP potentially forecloses local plans for planned bicycle network improvements. 7.1.d Packet Pg. 173 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 68 Addendum Table A-6 (Continued) 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 GENERAL PLAN GOALS AND POLICIES (September 8, 2021) No. Policy Application Resource Conservation (Continued) Cultural Resources RC-G-15 Protect and enhance Diamond Bar’s historic, cultural and archaeological resources for the educational, aesthetic, and environmental contribution that they make to Diamond Bar’s identity and quality of life. Consistent. A cultural resource assessment of the project site was performed, including Native American consultation. Applicable mitigation measures from the 2019 MND have been incorporated here as previously noted in the Cultural Resources Section. Archeological Resources RC-P-43 Seek to preserve discovered archaeological resources in place to maintain the relationship between the artifacts and their archaeological context, where feasible. Consistent. A cultural resource assessment of the project site was performed, including Native American consultation. Applicable mitigation measures from the 2019 MND have been incorporated here as previously noted in the Cultural Resources Section. RC-P-44 Preservation can be achieved through measures such as planning construction to avoid archaeological sites, incorporating sites within open space areas, capping the site prior to construction, and permanently protecting the site using a conservation easement. Tribal Cultural Resources RC-P-45 Establish development processes to avoid the disturbance of tribal cultural resources. Where possible, seek to preserve resources in place, exploring opportunities of permanent protection of the resources where feasible. Consistent. A cultural resource assessment of the project site was performed, including Native American consultation. Applicable mitigation measures from the 2019 MND have been incorporated here as previously noted in the Cultural Resources Section. RC-P-46 Conduct project-specific Native American consultation early in the development review process to ensure adequate data recovery and mitigation for adverse impacts to significant Native American sites. Ensure that City staff and local developers are aware of their responsibilities to facilitate Native American consultation under Senate Bill 18 and Assembly Bill 52. Public Facilities and Services Utilities PF-G-6 Ensure that public facilities and services, including water, wastewater, sewage, electricity, natural gas, and solid waste, are provided in a safe, efficient, and timely manner to meet the current and future needs of the city. Consistent. All applicable public facilities and services will be made available to the proposed project in a “safe, efficient, and timely manner.” Facilities PF-P-30 Require, when appropriate, the construction of water, sewer, drainage, and other necessary public facilities, and encourage storm water capture prior to or concurrent with new development. Consistent. The 2021 Proposed Revised BCBP/LID is compliant with applicable City policies relating to sustainable site design. PF-P-31 Require, when appropriate, project sponsors to provide all necessary infrastructure improvements, including the pro rata share of system-wide improvements. Consistent. All necessary infrastructure improvements, including the pro rata share of system-wide improvements, have been integrated into the design of the 2021 Proposed Revised BCBP. PF-P-34 Continue to communicate major development plans with utility companies and coordinate planning of extension of necessary facilities Consistent. The Applicant has obtained “will serve” commitments from all applicable utility providers. Public Safety Flood Hazard and Protection PS-P-8 Continue to implement flood control programs, such as the City’s Grading and Floodplain Ordinances, that reduce flood hazards to comply with State flood risk management requirements. Consistent. The 2021 Proposed Revised BCBP will fully comply with the City’s “Grading and Floodplain Ordinances.” PS-P-10 Ensure that a drainage study has been completed by a qualified engineer as a prerequisite to new development or the intensification of existing development, certifying that the proposed development will be adequately protected, and that implementation of the development proposal will not create new downstream flood hazards. Consistent. The “Hydrology, Hydraulic & LID Calculations for Brea Canyon Business Park, 850 S. Brea Canyon Road, Diamond Bar, CA 91789” (Plotnik & Associates, September 6, 2021) demonstrates compliance therewith. 7.1.d Packet Pg. 174 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 69 Table A-6 (Continued) 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 GENERAL PLAN GOALS AND POLICIES (September 8, 2021) No. Policy Application Public Safety (Continued) Flood Hazard and Protection PS-P-11 Use the drainage master plan developed in coordination with the Los Angeles County Public Works Department to assess existing and future flood control needs and related improvements within Diamond Bar. Consistent. The “Hydrology, Hydraulic & LID Calculations for Brea Canyon Business Park, 850 S. Brea Canyon Road, Diamond Bar, CA 91789” (Plotnik & Associates, September 6, 2021) demonstrates compliance therewith. General PS-P-15 Ensure adherence to applicable Fire and Building Codes, including standards for minimum road widths, access and clearance for emergency vehicles, and the identification of all roads, streets, and major public buildings in a manner that is clearly visible to fire protection and other emergency vehicles. Consistent. The 2021 Proposed Revised BCBP is fully compliant with “applicable Fire and Building Codes.” Sheriff, Fire, and Emergency Services PS-P-32 Support the achievement of police and fire response times through the implementation of traffic management measures that mitigate congestion during peak rush hour and during school drop-off and pick-up times. Consistent. The 2021 Proposed Revised BCBP/TIA identifies relevant project-specific transportation improvements. The Applicant has committed to the payment of applicable “fair-share contributions” thereto. Noise PS-G-10 Protect public health and welfare by enforcing the City’s noise ordinance, and impose mitigation measures on future development and uses to prevent significant degradation of the future acoustic environment. Consistent. With regards to the 2021 Proposed Revised BCBP, numerous noise-related mitigation measures included in the 2019 Approved BCBP/MND remain relevant to the 2021 Proposed Revised BCBP. PS-G-11 The location and design of transportation facilities, industrial uses, and other potential noise generators shall not adversely affect adjacent uses or facilities. PS-P-45 Use the noise and land use compatibility matrix (Table 7-1) and Projected Noise Contours map (Figure 7-12) as criteria to determine the acceptability of a given proposed land use, including the improvement / construction of streets, railroads, freeways, and highways. Consistent. The 2021 Proposed Revised BCBP conforms to the City’s “noise and land use compatibility matrix.” PS-P-47 As feasible, locate land uses to buffer residential uses from potential noise generators and site buildings to serve as noise buffers. Consistent. The placement of the proposed 4-story hotel and 3-story office building will, in part, buffer those single- family residential uses located along Dryander Drive and Lycoming Street to the north of the project site. PS-P-48 Maintain interior and exterior noise-related development standards through the Diamond Bar Noise Control Ordinance. Consistent. The 2021 Proposed Revised BCBP would be fully compliant with the “Diamond Bar Noise Control Ordinance.” PS-P-49 Ensure that detailed site-specific noise analysis, including the identification of noise mitigation measures, be prepared for all development proposals located where project noise exposure would be other than normally or conditionally acceptable as specified in Table 7-1. With mitigation, development should meet the allowable exterior and interior noise exposure standards established in the Noise Control Ordinance. Consistent. The 2021 Proposed Revised BCBP conforms to the City’s “noise and land use compatibility matrix.” PS-P-50 Evaluate the land use compatibility of any proposed development project prior to approval to avoid locating loud developments near noise sensitive receptors. When walls over six feet in height are necessary to mitigate noise, a berm/wall combination with heavy landscaping, a terraced wall heavily landscaped, or other similar innovative wall design technique shall be used to minimize visual impacts. Consistent. With regards to the 2021 Proposed Revised BCBP, numerous noise-related mitigation measures included in the 2019 Approved BCBP/MND remain relevant to the 2021 Proposed Revised BCBP. Community Health and Sustainability Public Health and Environmental Justice CHS-P-27 Recognizing the adverse health impacts associated with compromised air quality, ensure the protection of sensitive receptors from exposure to hazardous concentrations of air pollutants when reviewing development proposals. Consistent. As mitigated, the potential air quality impacts attributable to the 2021 Proposed Revised BCBP do not elevate to a level of significance. 7.1.d Packet Pg. 175 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 70 Addendum Table A-6 (Continued) 2021 PROPOSED REVISED BCBP PRELIMINARY CONSISTENCY ANALYSIS APPLICABLE 2040 GENERAL PLAN GOALS AND POLICIES (September 8, 2021) No. Policy Application Community Health and Sustainability (Continued) Public Health and Environmental Justice (Continued) CHS-P-28 To the extent feasible, manage, enhance, and improve the City’s tree canopy as a valuable ecological and public health resource, particularly adjacent to and within sensitive use areas located in the Air Quality Management District (AQMD) 500-foot air quality buffer. Not Applicable. The project site does not contain an existing “tree canopy.” CHS-P-29 Incorporate noise mitigation measures, which could include buffers, noise barriers, or natural open space, and vegetation, between new sensitive uses such as residential units and schools, and major noise polluters such as SR-57 and SR-60, the Metrolink Riverside rail line, and heavy industry. Consistent. With regards to the 2021 Proposed Revised BCBP, numerous noise-related mitigation measures included in the 2019 Approved BCBP/MND remain relevant to the 2021 Proposed Revised BCBP. Climate Change and Greenhouse Gases CHS-G-13 Promote energy efficiency and conservation in the community. Consistent. The proposed project will fully comply with the Building Energy Efficiency Standards for Residential and Nonresidential Buildings, 2019 Edition (24 CCR Part 6). CHS-G-14 Encourage waste reduction and diversion practices to meet State targets and reduce GHG emissions. Consistent. Applicant will encourage waste reduction and diversion practices Energy Efficiency and Conservation CHS-P-33 Encourage land uses to reduce vehicle miles traveled (VMT), prioritizing infill development and incorporating vertical and horizontal mixed-use development, public transit, and active transportation facilities where appropriate, recognizing that the transportation sector is the largest source of GHG emissions in Diamond Bar and in California more broadly. Potentially Inconsistent. The 2021 Proposed Revised BCBP potentially forecloses local plans for planned bicycle network improvements. CHS-P-35 Use the City’s CAP as the platform when considering measures to improve energy conservation and increase renewable energy use in existing and new development. Consistent. The 2021 Proposed Revised BCBP will fully comply with both the 2019 CEC and 2019 CalGreen. CHS-P-401 Require the inclusion, where feasible, of provisions for energy-efficient modes of transportation and fixed facilities that establish public transit, bicycle, and pedestrian modes as safe, efficient, and desirable alternatives. Consistent. The 2021 Proposed Revised BCBP includes designated parking for electric vehicles, carpools, and bicycles. CHS-P-411 Support the use of clean fuel and "climate friendly" vehicles in order to reduce energy use, energy cost, and greenhouse gas emissions by residents, businesses, and City government activities. Consistent. The 2021 Proposed Revised BCBP will fully comply with both the 2019 CEC and 2019 CalGreen. Waste Reduction and Recycling CHS-P-51 Encourage residents and businesses to compost leaves, grass clippings, food waste, and other organic materials by promoting existing food waste pickup services, residential waste hauler rate composting discounts, and residential backyard composting. Consistent. The process will be managed by the management company and will handle the waste accordingly. Applicant will encourage the management company to incorporate waste reduction and recycling. Climate Change Resiliency CHS-P-57 Encourage water conservation, drought-tolerant landscaping and the use of greywater and reclaimed and recycled water, where appropriate, with a view to reducing water use. Consistent. Reclaimed water will be used for site landscaping. Drought-tolerant planting and efficient design has been applied. CHS-P-60 Promote a resilient transportation system that offers connectivity for multiple transportation modes in the face of extreme events related to climate change, such as storms and wildfires. Potentially Inconsistent. The 2021 Proposed Revised BCBP potentially forecloses local plans for planned bicycle network improvements. Notes: 1. The referenced goals and policies are listed in Appendix C (Applicable General Plan Policies) in the 2040 CAP as being applicable thereto. Source: Community Development Department 7.1.d Packet Pg. 176 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 71 Figure 4.2 (Proposed Bicycle Network) of the 2040 General Plan/CAP identified that segment of Brea Canyon Road extending from the City limits to the Pomona Freeway as a “Class IV” (Protected Bike Lane), defined, in part, as “bikeways for the exclusive use of bicycles that are physically separated from vehicle traffic.” Although no “protected bike lane” is included in the design of the 2021 Proposed Revised BCBP, the 2021 Proposed Revised BCBP does include opportunities for on-site bicycle parking. Implementation would not prohibit continuing bicycle travel along Brea Canyon Road. Since not all policies equally relate to all development projects, recognizing that no public or private project can fully conform to all such public policies, it is the Department’s preliminary finding that the 2021 Proposed Revised BCBP is in substantial conformance/compliance and is compatible with the preponderance of the policies, standards, and criteria presented in the 2040 General Plan/CAP. ♦ Diamond Bar Municipal Code. California courts have given governmental decision- making bodies broad discretion in interpreting consistency with its own regulations. Except as potentially noted, the Lead Agency’s approval or conditional approval of those entitlements requested by the Applicant are intended to ensure consistency between the 2021 Proposed Revised BCBP and the DBMC. Chapter 22 (Standards for Specific Land Uses), Title 22 (Development Code) of the DBMC “provides site planning and development standards for land uses that are allowed by Article II (Zoning Districts and Allowable Land Uses).” Applicable or potentially applicable provisions outlined therein include, but may not be limited to: ◊ Section 22.42.050 (Drive-In and Drive-Through Facilities). As specified, in part, in Section 22.42.050 (Drive-In and Drive-Through Facilities) therein: o Each drive-through aisle shall be separated from the circulation routes necessary for ingress or egress from the property, or access to a parking space. o The vehicle queuing capacity of the drive-through facility and the design and location of the ordering and pickup facilities shall be determined by the [Community Development] director. The applicant shall submit a circulation study and appropriate documentation addressing the following issues: (a) Nature of the product or service being offered; (b) Method by which the order is processed; (c) Time required to serve a typical customer; (d) Arrival rate of customers; (e) Peak service hour; and (f) Anticipated vehicular queuing required.54 o Each drive-through aisle shall be appropriately screened with a combination of landscaping, low walls, and/or berms to prevent headlight glare from impacting adjacent streets and parking lots; and o A six-foot-high solid decorative wall shall be constructed on each property line that is adjoining a residentially zoned or occupied parcel. The design of the wall and the proposed construction materials shall be subject to the approval of the director. 54/ With regards to the 2021 Proposed Revised BCBP, notwithstanding the inclusion of a proposed “fast-food restaurant” (with “drive thru”), no “circulation study” conforming to Section 22.42.050 of the DBMC has been submitted for the Department’s review. 7.1.d Packet Pg. 177 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 72 Addendum ◊ Section 22.42.080 (Outdoor Display and Sales Standards). As specified, in part, in Section 22.42.080(3) (Outdoor Dining and Seating Area) therein: o Alcohol beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the state department of alcoholic beverage control, and the following standards: (1) Accessible. The dining area shall be accessible from inside the restaurant only, unless the director waves this requirement in circumstances where this is not feasible or practical; (2) Physically defined. The dining area shall be clearly and physically defined. It shall be clearly a part of the restaurant serves; and (3) Supervision. The dining area shall be supervised by a restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages. o Additional off-street parking. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center, shall not be required to provide additional off-street parking for these common outdoor areas. o Design compatibility. Outdoor dining and seating areas are subject to compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented: • Entertainment. Outdoor dining and seating areas that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in Chapter 22.28 (Noise Control). • Separation requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of 200 feet, except in mixed-use projects. o One-year review required. Minor conditional use permits for outdoor dining and seating areas are subject to review after one year, at which time the director shall conduct a study to determine if adverse impacts have resulted from the use. If none are found, then a permanent conditional use permit may be granted. The proposed “outdoor dining and seating area” is located within a 200-foot radius of the proximal residential uses located to the north and west of the project site. Because the existing “Farmer Boys Restaurant” (810 Brea Canyon Road, Diamond Bar) is located in closer proximity to existing residential units located along Lycoming Street, a precedence exists for the approval of a lesser separation distance. Additionally, a minimum 6-foot-tall CMB, or equivalent, wall is proposed along the project site’s northern boundary 7.1.d Packet Pg. 178 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 73 3.12 Mineral Resources Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? (b) Result in the loss of availability of a locally- important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan?  Preliminary Determination: No Impact  Findings of Fact: Relative to mineral resources, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council (Resolution No. 2019- 40, November 19, 2019). Additionally, none of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. The 2019 Approved BCBP/MND concluded that no regionally-available or locally-important mineral resources exist on or near the project site. The development footprint of the 2021 Proposed Revised BCBP is the same as that associated with the 2019 Approved BCBP. As indicated in Table A-1 (Comparative Limited Development Analysis – 2019 Approved BCBP and 2021 Proposed Revised BCBP [September 8, 2021]), although a change in authorized land use is being proposed, the total square footage of all on-site development would increase by only 385 GSF. Based on the relatively minimal extent of that project-related increase, the 2021 Proposed Revised BCBP’s potential impacts on mineral resources would be de minimis.  Additional References: None 3.13 Noise Would the project result in: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 7.1.d Packet Pg. 179 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 74 Addendum (b) Generation of excessive ground-borne vibration or ground-borne noise levels? (c) For a project located within the vicinity of a private airstrip or 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?  Preliminary Determination: Less-than-Significant with Mitigation Incorporated  Findings of Fact: Replacing outdated versions thereof, on December 3, 2019 (Ordinance No. 04[2019]), the Council adopted the 2019 CBC and 2019 CalGreen standards. In response to potentially significant noise-related impacts attributable to the 2019 Approved BCBP, as indicated in the 2019 Approved BCBP/MND/MRMP the following project-level mitigation measures were adopted by the Council. They have been modified as applicable to reflect the updated versions of the referenced codes. Each of the following project-level mitigation measures remain applicable to the 2021 Proposed Revised BCBP. ♦ MM-11 (Construction). In accordance with the provisions of the “City of Diamond Bar Municipal Code,” construction shall be restricted to between the hours of 7:00 AM and 7:00 PM on weekdays and Saturdays. No construction shall occur at any time on Sundays or on federal holidays. These days and hours shall also apply to the servicing of equipment and to the delivery or removal of equipment and materials to or from the site. ♦ MM-12 (Construction). All construction equipment shall be properly maintained and tuned to minimize noise emissions. ♦ MM-13 (Construction). All equipment shall be fitted with properly operating mufflers, air intake silencers, and engine shrouds no less effective than originally equipped. ♦ MM-14 (Construction). During site preparation and paving operations, the construction contractor shall place temporary noise barriers, in the form of continuous ¾-inch plywood or hay bales, or similar dense material acceptable to the Department, along the site perimeter when performing construction operations within 100 feet of the rear yard areas of any existing residential units located to the north of the County flood control channel. Such barriers shall be tall enough to block the line of sight between any proximal residences and the top of the exhaust stack associated with the on-site use of heavy construction equipment. ♦ MM-15 (Construction). The construction contractor shall specify the use of electric stationary equipment (e.g., compressors) that can operate off of the power grid, where feasible. Where infeasible, stationary noise sources (e.g., generators and compressors) shall be located as far from residential receptor locations as feasible. ♦ MM-16 (Construction). The construction contractor shall post details of the project’s construction schedule and the names and telephone numbers of both 7.1.d Packet Pg. 180 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 75 an on-site project representative and the City of Diamond Bar Community Development Department (Department) that can be contacted by local residents seeking to register a noise complaint. ♦ MM-17 (Construction). The proposed project shall be designed and constructed in accordance with any and all additional conditions as may be set forth by the Department for noise mitigation. ♦ MM-18 (Operational). No accessible exterior balconies shall be included in the design of the hotel structure for those guest rooms located along the hotel’s southern (freeway-oriented) wall. ♦ Revised MM-19 (Operational). The Applicant shall provide habitable on-site structures with forced air ventilation designed and installed in accordance with the 2016 2019 “California Building Standards Code” (Title 24, California Code of Regulations), including the 2016 2019 “California Green Building Standards Code” (Title 24, Part 11, California Code of Regulations). ♦ MM-20 (Operational). All exterior fittings that enter the structures (e.g., electrical conduits; heating, ventilation and air conditioning [HVAC] ducts) are to be sealed with caulk such that the fittings are rendered as air-tight. Any metal duct-work that is exposed to the exterior environment shall be enclosed and insulated to avoid noise transference through the ducting. ♦ MM-21 (Operational). The proposed project shall be operated in accordance with any and all additional conditions as may be set forth by the Department for noise mitigation. None of the program-level mitigation measures included in the 2040 General Plan/CAP/ FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. Ground-borne vibrations are typically associated with the use of certain construction equipment (e.g., pile drivers). No such construction equipment is anticipated for the construction of the proposed project. No vibration is anticipated as a result of operation of the 2021 Proposed Revised BCBP. Additionally, the project site is not located in the vicinity of a private airstrip, an airport land use plan, or within two miles of a public airport or private- use airport. The 2021 Proposed Revised BCBP includes, but is not limited to, the replacement of the previously approved 8,900 GSF multitenant “medical office” building with a 6,500 GSF single or multitenant “retail/restaurant” (“QSR-1”) building, including the introduction of “drive-thru” operations, an “outdoor dining area,” a relocated loading zone serving the “retail/restaurant” (“QSR-1”) building, and extended operational hours. This section analyzes the potential noise impacts based on those project-related features. ♦ Loading Zone. The 2021 Proposed Revised BCBP includes the design and operation of a “loading zone” directly adjacent to the northern property line, associated with the proposed “retail/restaurant” (“QSR-1”) building (“Parcel 2”), adjacent to the proposed trash receptor location. The nearest residential receptor is separated therefrom by only the existing 50-foot-wide flood control channel (PD 1445) (Diamond Bar Creek). During loading activities, as well as trash pick-up operations, noise would be generated by 7.1.d Packet Pg. 181 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 76 Addendum truck engines, exhaust systems, braking, back-up alarms, drop-down ramps, the movement of materials and dumpsters, and conversations between parties. The location of the proposed loading zone and trash area for the “retail/restaurant” (“QSR-1”) building (“Parcel 2”) closely corresponds to the location of the “Noise Monitoring Location NR-4,” as presented in the 2019 Approved BCBP/MND. As described therein: This noise reading was obtained toward the north end of the project site and most distant from the local traffic. The selected location was partially shielded from noise generated along Brea Canyon Road by the presence of the “Farmer Boys” restaurant located to the west. The reading would be representative of the noise experienced at the residential units located across the County flood control channel. The noise meter was placed 5 feet south of the chain link fence line to the County flood control channel and 90 feet southeast of the northernmost property line. A 15-minute reading was obtained from 12:10 PM [July 24, 2019]. In this location, the noise from Brea Canyon Road, the off ramp, and freeway were all audible and no vehicle counts were obtained during this noise reading. The Leq, Lmin, Lmax, L02, L08, L25, and L50 values were recorded to document the ambient noise at that location. The Leq value is representative of the equivalent noise level or logarithmic average noise level obtained over the measurement period. The Lmin and Lmax represent the minimum and maximum root-mean-square noise levels obtained over a period of 1 second. The L02, L08, L25, and L50 represent the values exceeded 2, 8, 25, and 50 percent of the time (1, 5, 15, and 30 minutes per hour), respectively, if the readings were extrapolated out to an hour’s duration. The readings are summarized in Table A-7 (2021 Proposed Revised BCBP – On-Site Noise Level Measurements [July 24, 2019]). Table A-7 2021 PROPOSED REVISED BCBP ON-SITE NOISE LEVEL MEASUREMENTS1 (July 24, 2019) Monitoring Location Leq (dBA) L02 (dBA) L08 (dBA) L25 (dBA) L50 (dBA) Lmin (dBA) Lmax (dBA) NR-4 60.8 63.7 61.9 61.1 60.5 56.8 70.3 Notes: 1. The Leq represents the equivalent sound level and is the numeric value of a constant level that over the given period of time transmits the same amount of acoustic energy as the actual time-varying sound level. The L02, L08, L25, and L50 are the levels that are exceeded 2, 8, 25, and 50 percent of the time, respectively. Alternatively, these values represent the noise level that would be exceeded for 1, 5, 15, and 30 minutes during a 1-hour period. The Lmin and Lmax represent the minimum and maximum root-mean-square noise levels obtained over a period of 1 second. Source: Environmental Impact Sciences Typically, a medium 2-axel truck used to make deliveries can generate a maximum noise level of 75 dBA at a distance of 50 feet. As indicated in Table A-7 (2021 Proposed Revised BCBP – On-Site Noise Level Measurements [July 24, 2019]), that level exceeds existing (2019) ambient conditions at that location. The maximum noise level indicated is generated by a truck operated by an experienced driver with typically applied accelerations. Higher noise levels may be generated by the excessive application of power. Conversely, lower levels may be achieved but would 7.1.d Packet Pg. 182 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 77 not be considered representative of nominal truck operations. Truck deliveries to the “retail/restaurant” (“QSR-1”) building (“Parcel 2”) would generally consist of small trucks or vans and would not generate excessive noise levels over an extended period of time. As specified in Section 8.12.740 (Load and Unloading Operations), Title 8 (Health and Safety) of the DBMC: “Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans or similar objects between the hours of 10:00 p.m. and 6:00 a.m. in such a manner as to cause noise disturbance is prohibited.” Compliance therewith will effectively ensure that noise impacts attributable to the use and operation of the loading zone for the proposed “retail/restaurant” (“QSR-1”) building (“Parcel 2”) remains at a less-than-significant level under CEQA. ♦ Parking Lot. Typical noise sources associated with parking lots include tire squealing, doors slamming, car alarms, horns, and engine start-ups. Table A-8 (Maximum Estimated Noise Levels from Parking Lot Activity) shows maximum instantaneous noise levels associated with the operation of parking lots. Although these noises occur for short bursts of time, instantaneous parking lot noise could reach a maximum estimated 69 dBA at a distance of 50 feet and 67.8 dBA at 60 feet. Noise levels associated with the parking lot would be expected to fluctuate depending on operating hours and level of usage. Table A-8 MAXIMUM ESTIMATED NOISE LEVELS FROM PARKING LOT ACTIVITIES Source Maximum Noise Level at 100 Feet (dBA) Automobiles at 14 miles per hour 44 Alarm Signal 63 Alarm Chirp 48 Horn 63 Door Slams 58 Tire Squeals 60 Source: Gordon Bricken & Associates Although the nearest parking space is located approximately 60 feet from the nearest residence, most on-site parking is located at a substantially greater distance therefrom. While the instantaneous maximum sound levels generated by a car door closing, engine starting up, and vehicle movements on the project site may be periodically audible to adjacent noise-sensitive receptors, parking lot noises constitute typical noise sources in urban areas and are, thusly, part of the existing baseline. Traffic associated with parking lots is typically not of sufficient volume to exceed community noise standards, which are based on a time-averaged scale, such as the CNEL. Associated noise would primarily remain on the project site and would be intermittent. Because the 2021 Proposed Revised BCBP will not place the project’s parking lot any closer to proximal sensitive receptors than associated with the 2019 Approved BCBP, the resulting noise impact is less than significant under CEQA. ♦ Outdoor Speakers. With regards to the 2021 Proposed Revised BCBP, because the owner, operator, franchisee, licensee, and/or master leasee for the “retail/restaurant” (“QSR-1”) building has not been identified, the operator(s) of the “fast-food restaurant” 7.1.d Packet Pg. 183 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 78 Addendum (with “drive-thru”) and the additional unspecified “restaurants” are not known. Similarly, except for food-related services, certain operational characteristics associated therewith have not been specified by the Applicant. In accordance with Section 22.16.075 (Live Entertainment and Dancing) of the DBMC, “[l]ive entertainment and dancing is prohibited in bars, cocktail lounges and taverns, motels, and restaurants.” As defined in Section 22.80.020 (Definitions of Specialized Terms) of the DBMC: Any live performance, including but not limited to all forms of music, theatrical or comedic performance, song, dance, karaoke, or vocal entertainment by a disc jockey or announcer, participated in by one or more employees, independent contractors, guests, customers, or any other person or persons. Does not include ambient or incidental music provided for guests or patrons by one nonamplified musician or the use of a radio or other electronic playback device in any establishment, except when utilized by an announcer or "disc jockey" who at any time provides any form of vocal entertainment for the purpose of gaining the attention and interest of, or diverting or amusing guests or patrons, including the announcing of song titles or artists' names [emphasis added]. The term “amplified music” is deemed by the Department to be synonymous with “amplified sound.” The two terms are not, however, explicitly defined in the DBMC. Citing Section of the 22.80.020 of the DBMC, the referenced exclusion does not include “incidental music” emanating from a “radio or other electronic playback device” (e.g., radio tuners, phonographs, tape players, cassette-decks, disc-players, MP3 players, IPods, and other similar devices having the ability to play broadcast and/or pre- recorded music and including build-in or removal speakers). The use of those devices to play a broadcast or a recording of a human voice or a musical instrument can both replicate and further enhance noise levels as associated with a “live performance” (including mechanical and electronic amplification of noise emanating from a live performance, broadcast, or other prerecorded sources). “Incidential music” is, therefore, authorized when utilized in a fashion incidential to the restaurant’s use. Associated noise levels are not projected to exceed the City’s exterior noise standards, would be masked by existing vehicle noises associated with the Pomona (SR-60) Freeway and Brea Canyon Road, and would, therefore, not constitute a public nuisance. As such, the resulting noise impact would be less than significant under CEQA. ♦ Menu Boards. The DBMC’s reference to “amplified music” is not assumed to be inclusive of any “outdoor sound” associated with outdoor speakers located in the area of the menu board or speaker post relating to the “drive-thru” ordering menu and associated only with the placement of food orders from queuing vehicles. With regards to the 2021 Proposed Revised BCBP: (1) when the “amplified music” is “incidental” to a restaurant’s operation (e.g., background music), no prohibition on the use of “electronic playback devices” exists; (2) no allowable sound level, duration, orientation, or hours are expressly delineated; and (2) no specifications relating to the installation and operation of outdoor speakers on or in proximity to the proposed 7.1.d Packet Pg. 184 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 79 “retail/restaurant” (“QSR-1”) building (“Parcel 2”), or elsewhere, is included in the 2021 Development Application. The precise location of the outdoor speaker(s) located in the area of the “drive-thru” ordering menu, including their number and orientation, remain generally undetermined. As proposed, the menu boards or speaker posts appear to be located and oriented toward the west of the project site, away from the homes located along Lycoming Street and Dryander Drive but toward those residential units located to the west of Brea Canyon Road. According to the “Drive-Thru Sound Levels from the Menu Board or Speaker Post” (HM Electronics, May 24, 2010), the typical noise level associated with active “drive-thru” operations, measured at the speaker post, is 60 dBA Leq at a distance of 16 feet. When ambient noise levels decrease at night, with the incorporation of an automatic volume control (AVC) system,55 the adjusted outbound volume can be reduced to 36 dBA at 16 feet.56 With the installation of a AVC or similar sound-reduction system, the noise levels associated with the “drive-thru” speaker(s) would not exceed the City’s nighttime noise standard of 45 dBA, as indicated in: (1) Section 22.28.060 (Exterior Noise Standards) (Table 3-9 [Exterior Noise Standards]) of the DBMC; and (2) Table 7-1 (Community Noise Compatibility Matrix) in the Public Safety Element of the 2040 General Plan. Because technological solutions exist and are routinely incorporated into the design and operation of menu boards and accompanying speaker posts and because the Department retains the ability to regulate the location, orientation, and impose reasonable control associated therewith, the resulting noise impact is less than significant under CEQA. ♦ Outdoor Dining. The proposed “outdoor dining and seating area” is located at a distance of approximately 104 feet from proximal residential receptors, representing a separation distance that is substantially less than the 200-foot minimum setback specified under Section 22.42.080(d) of the DBMC. With regards to the “outdoor dining area,” assuming a City-imposed prohibition on the installation and operation of additional exterior-mounted outdoor speakers, excluding both “incidential music” and noise associated with and emanating from motor vehicles, additional noise source associated therewith would include people conversing. A typical person speaking in a normal voice generates an average noise level of approximately 57 dBA at a reference distance of 3 feet.57 Conservatively assuming 20 persons were speaking simultaneously in the vicinity of the “outdoor dining area,” a reference sound level of 70 dBA Leq and 75 dBA Lmax would be generated at the 3-foot reference distance. 55/ AVC systems include several technologies to improve speech intelligibility while adjusting speaker volume levels depending on the ambient noise levels, translating into lower noise levels during periods when ambient noise is low, particularly at night. Normal speaker volume levels are approximately 70 dB(A) at the typical driver-side window to the speaker post at a distance of about five feet. Activating AVC with a background sound level of approximately 45 dB(A) near the listener should decrease sound speaker sound levels to about 60 dB(A) or less at the same distance. 56/ HM Electronics, Drive-Thru Sound Levels from the Menu Board or Speaker Post, May 24, 2010 (https://www.sanjoseca.gov/home/showdocument?id=72389&t=637557406179286719). 57/ Federal Interagency Committee on Noise, Federal Agency Review of Selected Noise Analysis Issues, August 1992 (https://fican1.files.wordpress.com/2015/10/reports_noise_analysis.pd). 7.1.d Packet Pg. 185 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 80 Addendum Based on a separation distance of about 100 feet, assuming no shielding, the predicted average and maximum noise levels would be 40 dB Leq and 45 dB Lmax, respectively. Those noise levels conform to the exterior noise standards presented in: (1) Section 22.28.080 (Exterior Noise Standards) (Table 3-9 [Exterior Noise Standards]) of the DBMC; and (2) Table 7-1 (Community Noise Compatibility Matrix) in the Public Safety Element of the 2040 General Plan/CAP. Although, on occasion, noise levels might exceed those projections, the resulting noise impact would be less than significant under CEQA. ♦ Idling Vehicles. Vehicles queuing in the “drive-thru” aisle would be located at a lesser separation distance from those sensitive receptors and would be reasonably anticipated to generate noise from amplified sound emanating from those vehicles’ sound systems, patrons’ voices, vehicles circulating along the “drive-thru” aisle, and the starting and idling of engines. The DBMC neither regulates “amplified sound” emanating from those sound systems nor “non-amplified sound” associated with the human voice or vehicle-related sources. Section 415 of the California Penal Code defines the crime of “disturbing the peace” as, among other causes, “maliciously and willfully disturb[ing] another person by loud and unreasonable noise.” Because enforcement requires the offended party to file legal action, that code section would have limited application against any intermittent noise sources or noise generators temporarily operating within the parking lot and/or “drive- thru” aisle. Pursuant to the CVC, relative to vehicle noise associated with exhaust systems: ◊ Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device (Section 27150[a], CVC). ◊ No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 or exceeds the noise limits established for the type of vehicle in Article 2.5 (commencing with Section 27200). No person shall operate a motor vehicle with an exhaust system so modified (Section 27151[a], CVC). ◊ For the purposes of exhaust systems installed on motor vehicles with a manufacturer’s gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or less, when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998, complies with this section. Motor vehicle exhaust systems or parts thereof include, but are not limited to, nonoriginal exhaust equipment (Section 27151[b], CVC). Subject to the age of the vehicle, more restrictive federal standards are specified in 40 CFR 205.52 (Vehicle Noise Emission Standards). As specified, in part, therein: “Vehicles which are manufactured after the following effective dates shall be designed, built and equipped so that they will not produce sound emissions in excess of the levels indicated.” Effective on and after January 1, 1988, the allowable sound level is 80 dBA. The above provisions do not encompass “after-market” actions (e.g., installation of speakers, woofers, and subwoofers) installed by vehicle owners. 7.1.d Packet Pg. 186 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 81 Estimates of noise levels associated with the proposed “fast-food restaurant” (with “drive-thru”) are based on noise measures conducted for a proposed “Raising Cane’s Restaurant” (Aliso Viejo) based on the following assumptions: (1) the average noise level for vehicle noise, treated as moving point sources, generate approximately 44 dBA Leq at 50 feet; (2) menu board speakers generate a noise level of approximately 80 dBA at five feet; (3) patrons at the “outdoor dining area” generate an average noise level of 85 dBA at five feet; and (4) vehicles, menu board speakers, and patio patrons generate a simultaneous maximum noise level of approximately 80 dBA at five feet.58 Based on an assumed separation distance of approximately 100 feet between vehicles accessing the “drive-thru” lane and proximal sensitive receptors, the resulting noise level would be approximately 62 dBA which is lower than the existing ambient noise levels at the property boundary of abutting residences.59 Absent any “amplified sound” from car radios and sound systems, idling vehicles typically produce noise levels of between 52 to 54 dBA Lmax at 30 feet from the source. Those noise levels would atmospherically attenuate to between 44 and 45 dBA at the property lines of the nearest residential receptors. Noise associated with idling vehicles noise would, in whole or in part, be masked by background noise from traffic traveling along the Pomona (SR-60) Freeway and Brea Canyon Road. Estimated noise attributable to queuing vehicles would conform to the exterior noise standards presented in: (1) Section 22.28.080 (Exterior Noise Standards) (Table 3-9 [Exterior Noise Standards]) of the DBMC; and (2) Table 7-1 (Community Noise Compatibility Matrix) in the Public Safety Element of the 2040 General Plan/CAP. Although vehicles and motorcycles with modified muffler systems might, on occasion, create noise levels exceeding those projections, based on compliance with exterior noise standards, the resulting noise impact would be less than significant under CEQA. Because the maximum noise generated by the “fast-food restaurant” (with “drive-thru”) would likely be audible during periods with low ambient traffic noise levels and during occasional loud activities associated therewith (such as from queuing vehicles playing loud music and vehicles equipped with loud engines and/or modified muffler systems), the operation of the “fast-food restaurant” will, at times, create intermittent, audible noises perceptible at adjacent residences. By placing operating motor vehicles in closer proximity to those receptors, those conditions might be further exacerbated if the number of vehicles queuing in the “drive-thru” exceed that lane’s available capacity. An existing CMB wall, extending approximately 92 feet eastward from Brea Canyon Road (transitioning into an existing chain-link fence that extends northward and then southeasterly therefrom), separates a portion of the northwestern boundary of the project site from the adjoining “Farmer Boys Restaurant” (810 Brea Canyon Road, Diamond Bar). Additionally, the project site is separated from the existing residential properties located along Lycoming Street and Dryander Drive by an existing 50-foot-wide County flood control channel (PD 1445) (Diamond Bar Creek). Neither the chain-link fence nor the flood control channel would 58/ dBF Associates, Noise Analysis Report – Raising Cane’s Restaurant, Temecula, California, March 30, 2018 citing “Sound Level Measurements of Raising Cane’s in Aliso Viejo, California” (Environmental Science Associates January 9, 2017). 59/ City of Diamond Bar, Mitigated Negative Declaration for the Brea Canyon Business Park: 859 Brea Canyon Road, Diamond Bar, California, November 19, 2019, Appendix G (Brea Canyon Business Park - Acoustical Analysis), Table N-6 (Brea Canyon Business Park – On-Site Noise Level Measurements), p. N-10. 7.1.d Packet Pg. 187 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 82 Addendum effectively shield those residences from any spillover noise associated with the use of the proposed “drive-thru” aisle. As specified, in part, in Section 22.16.080 (Screening and Buffering) of the DBMC: “An opaque screen consisting of plant material and a masonry wall, six feet in height, shall be installed along parcel boundaries whenever a commercial development adjoins a residential zoning district.” Although not specified on the most current architectural plans (G/A/A Architects, September 8, 2021), the Applicant has notified the Department of its intent to construct a 6-foot-tall CMB wall along the project site’s northern boundary. The installation of a minimum 6-foot-tall continuous CMB, or equivalent, wall extending along the northern property boundary, in combination with proposed landscape improvements, would screen those sensitive receptors from those operational noise sources associated with the proposed “retail/restaurant” (“QSR-1”) building and reduce noise impacts to a less- than-significant level under CEQA.  Additional References: ♦ Federal Interagency Committee on Noise, Federal Agency Review of Selected Noise Analysis Issues, August 1992 (https://fican1.files.wordpress.com/2015/10/reports_noise_analysis.pd). ♦ HM Electronics, Drive-Thru Sound Levels from the Menu Board or Speaker Post, May 24, 2010 (https://www.sanjoseca.gov/home/showdocument?id=72389&t=637557406179286719). 3.14 Population and Housing Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? (b) Displace substantial amounts of existing people or housing, necessitating the construction of replacement housing elsewhere?  Preliminary Determination: No Impact  Findings of Fact: Relative to population and housing, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council in Resolution No. 2019-40 (November 19, 2019). None of the PMMs included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. 7.1.d Packet Pg. 188 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 83 As defined in Section 8.12.240 (Definitions), Chapter 8.12 (Environmental Protection), Title 8 (Health and Safety) of the DBMC: Residential property means a parcel of real property which is developed and used either in part or in whole for residential purposes, other than transient uses such as hotels and motels. In cases of multiple land uses of any property, the zoning classification of such property shall be applicable [emphasis added]. As with the 2019 BCBP, there is no existing on-site population and no existing on-site residential uses on the project site that will be “displaced” or otherwise adversely affected as a result of the approval, construction, and operation of the 2021 Proposed Revised BCBP. As proposed, with regards to the “hotel,” the implementation of the 2021 Proposed Revised BCBP would increase the number of proposed guest rooms from 109 to 124. Since a “hotel” is not categorized as a residential use, no increase in on-site resident population will result therefrom. As defined in Section 3.16.020 (Definitions), Chapter 3.16 (Transient Occupancy Tax), Title 3 (Revenue and Finance) of the DBMC: Hotel means any structure or any portion of any such structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodginghouse, roominghouse, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof [emphasis added]. As defined in Section 3.16.020 of the DBMC: Transient means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of 30 days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of Ordinance No. 14(1989) may be considered. That 30-day provision is reinforced by the 2019 CBC. Chapter 2 (Definitions) of the 2019 CBC includes “hotels” in its broader definition of “places of lodging”: A facility operated by a private entity whose operations affect commerce and fall within at least one of the following categories: (1) Place of lodging, except for an establishment located within a facility that contains not more than five rooms for rent or hire and that actually is occupied by the proprietor of the establishment as the residence of the proprietor. For purposes of this code, a facility is a ‘place of lodging’ if it is (i) An inn, hotel or motel; or (ii) A facility that (A) Provides guest rooms for sleeping for stays that primarily are short-term in nature (generally 30 days or less) where the occupant does not have the right to return to a specific room or unit after the conclusion of his or her stay; and (B) Provides guest rooms under conditions and with amenities similar to a hotel, motel, or inn, including the following: (1) On- or off-site management and reservations service; (2) Rooms 7.1.d Packet Pg. 189 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 84 Addendum available on a walk-up or call-in basis; (3) Availability of housekeeping or linen service; and (4) Acceptance of reservations for a guest room type without guaranteeing a particular unit or room until check-in, and without a prior lease or security deposit [emphasis added]. As so defined, the 2021 Proposed Revised BCBP includes no residential component and does not call for the extension of any infrastructure or roads that would indirectly induce unplanned population growth in the area. Within the City, similar to the 2019 Approved BCBP, the 2021 Proposed Revised BCBP will create an unspecified number of new: (1) long-term, permanent full-time; and (2) short-term, part-time jobs. Although unspecified, the likely number of permanent, long-term jobs attributable to the 2021 Proposed Revised BCBP is not projected to induce an indirect demand for new housing either within the City or elsewhere throughout the San Gabriel Valley. As proposed, the 6,500 GSF single or multitenant “retail/restaurant” (“QSR-1”) building will replace the 8,900 GSF GSF multitenant “medical office” building (“Parcel 2”) associated with the 2019 Approved BCBP. Empirically, wage levels for restaurant workers might, on average, be less than those associated with “medical office” workers. Similarly, based on the reduced building square footage, the number of equivalent full-time workers associated with the “retail/restaurant” use would reasonably be expected to be less than those associated with the “medical office” use. Income from part-time jobs is typically not sufficient to purchase residential property in the southern California area but can contribute, either in whole or in part, to the payment of costs associated with rental housing, typically multi-family apartments. Because there is currently a large inventory of multi-family housing within the San Gabriel Valley area, the 2021 Proposed Revised BCBP is not anticipated to substantially contribute to the need for new multi-family housing in the general project area. Based on the anticipated reduction in on- site employment, the resulting indirect housing-related impacts attributable to the 2021 Proposed Revised BCBP would be expected to be less than those attributable to the 2019 Approved BCBP.  Additional References: None 3.15 Public Services Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities or the 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 public services: 7.1.d Packet Pg. 190 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 85 (1) Fire protection? (2) Police protection? (3) Schools? (4) Parks? (5) Other public facilities?  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: Relative to public services, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council in Resolution No. 2019-40 (November 19, 2019). Additionally, none of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. The project site is located within one-quarter mile of an existing school (Discovery World Preschool and Private Elementary School, 801 Brea Canyon Road, Diamond Bar). Other more distal schools in the general project area include Walnut Elementary School (841 Glenwick Avenue, Walnut) and Ron Hockwalt Academies (High School) (476 Lemon Avenue, Industry). As indicated in Table A-1 (Comparative Development Analysis – 2019 Approved BCBP and 2021 Proposed Revised BCBP [September 8, 2021]), although a change in authorized land use is being proposed, the total square footage of all on-site development would increase by only 385 GSF. The potential impacts of that increase on proximal school facilities would be de minimis. Absent a residential component, the 2021 Proposed Revised BCBP would not predicate the need for new or expanded school facilities that could potentially cause or contribute to significant environmental effects. No neighborhood, local, community, or regional parks are located within one mile of the project site. The 2021 Proposed Revised BCBP is neither projected to contribute, either directly or indirectly, to potential impacts thereupon nor predicate the need for new park facilities that could potentially cause or contribute to significant environmental effects. The 2021 Proposed Revised BCBP is not expected to result in any substantial adverse physical impacts associated with the provision of any new or physically altered library or other governmental facilities, the construction of which could potentially cause or contribute to significant environmental impacts. Response times and service ratios for both the Los Angeles County Sheriff’s Department (LACSD) and Los Angeles County Fire Department (LACoFD) would not change from those levels associated with the 2019 Approved BCBP. Fire protection and law enforcement are separately addressed herein. ♦ Fire Protection. Fire protection services, including structural fire protection, emergency medical and rescue services, hazardous inspections and response, and public education activities, in the City are provided by the Los Angeles County Consolidated Fire Protection District (more commonly referred to as LACoFD). The 7.1.d Packet Pg. 191 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 86 Addendum LACoFD presently maintains three fire stations within a two-mile radius of the project site (Stations 61, 119, and 120). As documented in the 2019 Approved BCBP/MND, emergency fire response capabilities from those facilities conform to and exceeds County standards. The proposed changes to the 2019 Approved BCBP predicated by the approval, construction, and operation of the 2021 Proposed Revised BCBP do not raise any additional environmental issues relating, either directly or indirectly, to “fire protection” that were not adequately addressed in the 2019 Approved BCBP/MND. ♦ Law Enforcement. The proposed changes to the 2019 Approved BCBP predicated by the approval, construction, and operation of the 2021 Proposed Revised BCBP do not, therefore, raise any additional environmental issues relating, either directly or indirectly, to “law enforcement.”  Additional References: None 3.16 Recreation Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (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 neighborhood or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment?  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: Relative to recreation, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council in Resolution No. 2019-40 (November 19, 2019). None of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. The 2021 Proposed Revised BCBP neither includes any “public recreational facilities” nor does the 2040 General Plan or DBMC explicitly require the provision thereof. As indicated, in part, in Section 22.16.070(1) of the DBMC: “Multitenant commercial centers one acre in size and larger shall provide a minimum of 0.01 percent of the total land area of the center as useable pedestrian-oriented open space, including plazas, patios, courtyards, and outdoor seating areas.” Although intended to be restricted to authorized site users, that “useable pedestrian-oriented open space” could be interpreted as constituting “other” and/or “private” recreational facilities. Because the project acreage remains unchanged, the 2021 7.1.d Packet Pg. 192 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 87 Proposed Revised BCBP neither increases the size nor mandates any alteration to the functionality of any such facilities resulting from the Council’s prior approval of the 2019 Approved BCBP (Resolution No. 2019-42, November 19, 2019). No neighborhood, local, community, or regional parks are located within one mile of the project site. Similar to the 2019 BCBP, the 2021 Proposed Revised BCBP is not projected to contribute, either directly or indirectly, to potential impacts thereupon, exacerbate any substantial physical deterioration thereof, or predicate the need for new park facilities that could potentially cause or contribute to significant environmental effects.  Additional References: ♦ California Department of Resource Recycling and Recovery, SB 1383 Infrastructure and Market Analysis, April 2019. 3.17 Transportation Would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Conflict with program plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? (b) Would the project conflict or be inconsistent with Section 15064.3(b) of the State CEQA Guidelines? (c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (d) Result in inadequate emergency access?  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: The 2019 Approved BCBP/MND concluded that the 2019 Approved BCBP’s transportation-related impacts would be “less-than-significant” and no accompanying transportation-related project-level mitigation measures were, therefore, included in in the 2019 Approved BCBP/MND, 2019 Approved BCBP/MND/MRMP, and/or Resolution No. 2019-40 (November 19, 2019). On November 19, 2019, when the 2019 Approved BCBP was approved by the Council, no analytical requirements then existed and no thresholds of significance criteria for VMT had been formulated by the City. Threshold of significance criteria for VMT were subsequently identified in the “City of Diamond Bar Transportation Study Guidelines for Vehicle Miles Traveled and Level of Service Assessment” (September 2020) (2020 Transportation Study Guidelines). 7.1.d Packet Pg. 193 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 88 Addendum The State-mandated requirement to include a VMT analysis as part of the CEQA process did not become effective until July 1, 2020. As outlined in the City’s 2020 Transportation Study Guidelines, an additional transportation-related analysis and a new set of thresholds of significance criterion addressing VMT impacts were subsequently formulated. Because its approval (November 19, 2019) predated the publication of those 2020 Transportation Study Guidelines, neither those analytical requirements nor any threshold of significance criteria relating to potential VMT impacts were included in the 2019 Approved BCBP/MND. With regards to both the 2019 Approved BCBP and 2021 Proposed Revised BCBP, pursuant to the City’s 2020 Transportation Study Guidelines, as indicated in “Brea Canyon Business Center, Diamond Bar – Vehicle Miles Traveled (VMT) Analysis” (Linscott Law & Greenspan, September 16, 2021) (2021 Proposed Revised BCBP/VMT), potentially significant VMT- related impacts were identified therein. Although initially formulated in the 2019 Approved BCBP/MND in response to potentially significant operational air quality impacts, the following “revised” mitigation measure remains applicable to operational air quality impacts but has also been repurposed to reduce transportation-related (i.e., vehicle miles traveled and peak-period parking demands) impacts. The proposed revisions thereto included the addition of a third stated goal (reduction in peak-period parking demands), including associated performance standards. Revised MM-3. Transportation Demand Management. Prior to the issuance of final subdivision map, in compliance with the provisions of Chapter 22.40 (Transportation Demand Management) of the “City of Diamond Bar Municipal Code,” the Applicant shall submit and the Community Development Director shall approve a detailed “transportation demand management” (TDM) program encompassing the proposed project and each of the uses contemplated therein, including the weekday and weekend peak-period parking demands associated therewith. The TDM program shall include separate operational components addressing strategies, singularly or in combination, to reduce: (1) the number of average daily vehicle trips (ADT) attributable to the proposed project; (2) and the total number of vehicle miles traveled (VMT) associated therewith; and (3) peak- period parking demands. The TDM shall include reasonable and feasible actions and endeavors sufficient to achieve: (1) a twenty (20) percent reduction in ADT and VMT over conditions which would otherwise occur absent the TDM; or (2) a fifteen (15) percent reduction in weekday and weekend peak-period parking demands that would occur absent the TDM; or (3) a 15 percent project-specific VMT-related reduction below the City’s projected per service population (VMT/SP) level that would occur absent the TDM. The proposed project’s “business-owners” association/condominium association” (BOA) or similar representative management entity comprised of all owners of interest thereupon shall: (1) not less than annually, implement reasonable outreach efforts to all owners, occupants, and tenants for the purpose of providing information and updates concern the TDM program and its effectuation; (2) implement an active and on-going TDM monitoring program for the purpose of assessing progress toward the achievement of the stated performance standards; and (3) periodically revise and/or modify the TDM program and undertake such further actions as may be reasonable and appropriate to demonstrate the achievement of those standards. The BOA or management entity shall make those records available to the Community Development Director upon request. 7.1.d Packet Pg. 194 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 89 None of the program-level mitigation measures included in the 2040 General Plan/CAP/ FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. Applicant-proposed changes to the 2019 Approved BCBP include, but are not limited to, physical changes to both the design and operation of the project’s driveway and central median along Brea Canyon Road; changes to internal and external circulation patterns and turning movements; the introduction of new land uses not previously contemplate on the project site; and a corresponding change in associated on-site parking demands. The proposed changes in on-site uses, including the incorporation of a “restaurant with outdoor dining” and “drive-in and drive-through sales and services” predicates potential physical and operational changes to both on-site circulation and off-site transportation impacts. As part of the 2021 Development Application, the Applicant submitted and the Department subsequently reviewed and accepted for analytical purposes, a number of traffic-related technical studies, including, but not limited to: (1) “Revised Traffic Impact Analysis Report Addendum – Brea Canyon Business Center, Diamond Bar, California” (Linscott Law & Greenspan, August 6, 2021, November 4, 2021, January 13, 2022) (2021 Proposed Revised BCBP/TIA); (2) “Revised Parking Demand Analysis Addendum for Brea Canyon Business Center, Diamond Bar, California” (Linscott Law & Greenspan, April 23, 2021, September 20, 2021, January 10, 2022) (2021 Proposed Revised BCBP/PDA); (3) “Revised Parking Management Plan – Brea Canyon Business Center, Diamond Bar, California” (Linscott Law & Greenspan, January 17, 2020, September 20, 2021, January 10, 2022) (2021 Proposed Revised BCBP/PMP); and (4) “Brea Canyon Business Center, Diamond Bar, Vehicle Miles Travelled Analysis” (Linscott Law & Greenspan, September 16, 2021) (2021 Proposed Revised BCBP/VMT). Where relevant, information for those studies is cited herein. ♦ 2021 Proposed Revised BCBP/TIA. Senate Bill (SB) 743, as codified at Section 21099, et seq. of the PRC, passed in 2013 and mandated a transition away from level of service (LOS) as a way of measuring the significance of traffic impacts under CEQA. Section 21099(b)(2) provides that: Upon certification of the guidelines by the Secretary of the Natural Resources Agency pursuant to this section, automobile delay, as described solely by level of service or similar measures of vehicular capacity or traffic congestion, shall not be considered a significant impact on the environment pursuant to this division, except in locations specifically identified in the guidelines, if any. In lieu of LOS, SB 743 requires agencies to transition to “vehicle miles traveled.” Except as noted, although LOS analysis is no longer addressed under CEQA, a typical LOS assessment commences with the formulation of the estimated number of ADT associated with a proposed project. Estimated ADTs continue to play a relevant role in determining potential operational air quality impacts (Section 21099[b][3], CEQA). Trip generation estimates associated with the 2019 Proposed Revised BCBP are, therefore, provided herein. As indicated in the 2021 Proposed Revised BCBP/TIA, on a “typical” weekday, the 2019 Approved BCBP would generate 2,077 daily trips (50% inbound, 50% outbound), including 156 (115 inbound, 41 outbound) AM and 187 (63 inbound, 124 outbound) PM peak hour trips. With regards to the 2021 Proposed Revised BCBP, on a “typical” weekday, the traffic impact analysis assumes a total of 4,321 ADT, of which 586 ADT 7.1.d Packet Pg. 195 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 90 Addendum (13.6 percent) are assumed to constitute either “internal capture reduction” or “pass-by trips,” resulting in a total of 3,735 ADT (50% inbound, 50% outbound), including 216 (152 inbound, 64 outbound) AM peak hour and 287 (111 inbound, 176 outbound) PM peak hour trips. When comparing the 2019 Approved BCBP and 2021 Proposed Revised BCBP, the 2021 Proposed Revised BCBP would generate an additional 1,652 daily weekday trips (416 inbound, 416 outbound), including 60 additional AM peak hour (37 inbound, 23 outbound) and 100 additional PM peak hour (48 inbound, 52 outbound) trips. ♦ 2021 Proposed Revised BCBP/VMT. As indicated in the 2021 Proposed Revised BCBP/VMT, in order to assess potential VMT-related impacts, a post-approval VMT analysis was conducted assessing the 2019 Approved BCBP. As indicated therein, “a full VMT analysis utilizing the Southern California Association of Governments Regional Travel Demand Model (SCAG RTDM) has been used to determine the VMT per service population (VMT/SP) for the [2019] Approved [BCBP] Project and the [2021] Proposed [Revised BCBP] Project consistent with the City’s guideline to determine the significance of the potential VMT impact.”60 With regards to both the 2019 Approved BCBP and 2021 Proposed Revised BCBP, the resulting analysis concluded: [T]he [2019] Approved [BCBP] Project Generated VMT per service population [38.98 VMT/SP] exceeds the City of Diamond Bar baseline VMT per service population [34.14 VMT/SP] and based on the thresholds and criteria outlined in this report, the [2019] Approved [BCBP] Project will have a significant, but mitigatable VMT impact. [T]he [2021] Proposed [Revised BCBP] Project Generated VMT per service population [39.20 VMT/SP] exceeds the City of Diamond Bar baseline VMT per service population [34.14 VMT/SP]. Based on the thresholds and criteria outlined in this report, the [2021] Proposed [Revised BCBP] Project will have a significant, but mitigatable VMT impact.61 The 2021 Proposed Revised BCBP/VMT concluded: If the [2019] Approved [BCBP] Project’s transportation impacts were evaluated under the current CEQA guidelines using the City’s current VMT guidelines, mitigation measures would be required to offset the [2019] Approved [BCBP] Project’s significant VMT impact. The mitigation measures would include implementation of the Transportation Demand Management (TDM) strategies to decrease the VMT per service population to less than 15% below the City baseline VMT per service population and thus reduce the [2019 Approved BCBP] Project (Approved) VMT impact to less than significant. Given the [2021] Proposed [Revised BCBP] Project Generated VMT per service population exceeds the City of Diamond Bar baseline VMT per service population in the amount similar to that of the [2019] Approved [BCBP] Project and hence has a similar impact to that of [2019] Approved [BCBP] Project, the 60/ Op. Cit., Brea Canyon Business Center, Diamond Bar – Vehicle Miles Traveled (VMT) Analysis, September 16, 2021, p. 8. 61/ Ibid., p 7. 7.1.d Packet Pg. 196 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 91 VMT mitigation measures would in all likelihood be similar/identical to that which would be recommended for the [2019] Approved [BCBP] Project. The mitigation measures would include implementation of the Transportation Demand Management (TDM) strategies to decrease the VMT per service population to less than 15% below the City baseline VMT per service population and thus reduce the [2019 Approved BCBP and the 2021 Proposed Revised BCBP] Project (Approved) VMT impact to less than significant.62 Environmental issues relating to VMT, vehicle queuing, and alternative modes of transportation are separately addressed below. Vehicle Miles Traveled Analysis No VMT analysis was conducted in response to the 2019 Approved BCBP or included in the 2019 Approved BCBP/MND. Additionally, no threshold of significance criteria had been formulated by the Lead Agency at the time of adoption of the 2019 Approved BCBP or approval of the 2019 Approved BCBP/MND. Since adoption of the 2019 Approved BCBP/MND, State-mandated changes have occurred in the manner in which defensible CEQA-based traffic analyses are to be performed. Specifically, CEQA now mandates that certain non-exempt projects quantify the total VMT associated with those projects.63 The 2040 General Plan/CAP includes specific textual and policy declarations relating to VMT. As indicated in the Circulation Element of the 2040 General Plan/CAP: VMT is the State preferred performance metric for environmental analyses pursuant to CEQA to describe the overall amount of travel in the City based on distance and is directly related to fuel consumption, air pollution, and GHG emissions. VMT is defined as the total mileage traveled by all vehicles. Although VMT relates specifically to automobiles, it is able to capture the effects of development patterns such as land use mix and density along with transit, bike, and pedestrian infrastructure improvements by reflecting their impacts on vehicle trip generation and trip lengths.64 62/ Ibid., p 8. 63/ The Governor’s Office of Planning and Research (OPR) recommends that: (1) projects that generate less than 110 trips/day may be considered to have a less-than-significant VMT impacts (this threshold is not based on VMT but rather on the CEQA categorical exemption for existing facilities, including additions to existing structures of up to 10,000 square feet); (2) for those projects located in “transit priority areas,” lead agencies generally should presume that certain projects (including residential, retail, office projects, and projects that are a mix of these uses) proposed within one-half mile of an existing “major transit stop” or an existing stop along a “high-quality transit corridor” (HQTA) will have a less-than-significant impact on VMT; (3) local-serving retail projects may be considered to have less than significant VMT impacts; (4) redevelopment projects that result in a net reduction in VMT may be considered to have less-than-significant VMT impacts; and (5) projects that include 100 percent affordable housing in infill locations can be presumed to have a less-than-significant VMT impact. A “transit priority area” is defined as “an area within one-half mile of a major transit stop that is existing or planned, if the planned stop is scheduled to be completed within the planning horizon included in a Transportation Improvement Program.” A “major transit stop” means “a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service of 15 minutes or less during the morning and afternoon peak commute periods.” A HQTA is a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. 64/ City of Diamond Bar, City of Diamond Bar General Plan 2040, Chapter 4 (Circulation), December 17, 2019, p. 4-15. 7.1.d Packet Pg. 197 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 92 Addendum Corresponding 2040 General Plan/CAP policies include: ◊ Balance meeting LOS standards with the need to reduce VMT through maintaining and supporting multi-modal connectivity such as transit, bicycling, walking, and by encouraging infill development with a pedestrian-friendly urban design character (Policy CR-P-12). ◊ Incorporate criteria in the Development Code to allow reductions in parking requirements in exchange for VMT reduction measures (Policy CR-P-54). In September 2020, the City published the “City of Diamond Bar Transportation Study Guidelines for Vehicle Miles Traveled and Level of Service Assessment” (2020 Transportation Study Guidelines). Because the 2020 Transportation Study Guidelines was prepared subsequent to the approval of the 2019 Approved BCBP (November 19, 2019), the traffic and transportation analysis presented in the 2019 Approved BCBP/MND would neither be expected nor obligated to be fully compliant therewith. Relative to VMT analysis, as indicated in the 2020 Transportation Study Guidelines: For purposes of SB 743 compliance, a VMT analysis should be conducted for land use projects as deemed necessary by the City Traffic Engineer and would apply to projects that have the potential to increase the baseline VMT per service population (e.g., population plus employment) for the City. Normalizing VMT per service population (e.g., creating a rate by dividing VMT by service population) provides a transportation efficiency metric that the analysis is based on. All assumptions and methodologies of the VMT analysis are subject to review and approval by the City Traffic Engineer.65 In order to assess the significance of project-related VMT impacts, the following threshold of significance criteria was formulated therein: VMT thresholds provided below are to be applied to determine potential project generated VMT impacts and project’s effect on VMT impacts. A project would result in a significant project generated VMT impact if either of the following conditions are satisfied: (1) The baseline project generated VMT per service population exceeds the 15% below the City of Diamond Bar baseline VMT per service population, or (2) The cumulative project generated VMT per service population [VMT/SP] exceeds 15% below the City of Diamond Bar baseline VMT per service population The project’s effect on VMT would be considered significant if it resulted in the following condition being satisfied: (1) The cumulative link-level boundary Citywide VMT per service population increases under the plus project condition compared to the no project condition. . .[T]he cumulative no project shall reflect the adopted [SCAG 2016] RTP/SCS; as such, if a project is consistent with the SCAG [2016] RTP/SCS, then the cumulative impacts (project effect on VMT) shall be considered less than significant subject to consideration of other substantial evidence.66 The 2020 Transportation Study Guidelines further notes: 65/ City of Diamond Bar, City of Diamond Bar Transportation Study Guidelines for Vehicle Miles Traveled and Level of Service Assessment, September 2020, p. 14. 66/ Ibid., p. 19. 7.1.d Packet Pg. 198 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 93 The following mitigation strategies are available to reduce VMT impacts: (1) Modify the project’s-built environment characteristics to reduce VMT generated by the project. (2) Implement Transportation Demand Management (TDM) measures to reduce VMT generated by the project. (3) Participate in a VMT fee program and/or VMT mitigation exchange/banking program (if available) to reduce VMT from the project or other land uses to achieve acceptable levels. . .VMT reductions should be evaluated as part of the VMT impact analysis using state-of-the-practice methodologies recognizing that many of the TDM strategies are dependent on building tenant performance over time. As such, actual VMT reduction cannot be reliably predicted and monitoring may be necessary to gauge performance related to mitigation expectations. When a project is found to have a significant impact under CEQA, the City requires developers and the business community to assist in reducing peak hour and total vehicular trips by implementing Transportation Demand Management Plans (TDMs).67 In accordance with the 2020 Transportation Study Guidelines, in order to assess both VMT-related and other traffic impacts associated with the 2021 Proposed Revised BCBP, updated project-specific traffic analyses, including VMTs, were submitted by the Applicant and independently reviewed by the Departments. As indicated in the 2019 Proposed Revised BCBP/VMT, as “approved” by the City of Diamond Bar Public Works Department on September 23, 2021, in order to assess potential VMT-related impacts attributable to the 2021 Proposed Revised BCBP, a post-approval VMT analysis was conducted for the purpose of comparing the 2021 Proposed Revised BCBP to the corresponding impacts attributable to the 2019 Approved BCBP. As indicated therein, “a full VMT analysis utilizing the Southern California Association of Governments Regional Travel Demand Model (SCAG RTDM) has been used to determine the VMT per service population (VMT/SP) for the [2019] Approved [BCBP] Project and the [2021] Proposed [Revised BCBP] Project consistent with the City’s guideline to determine the significance of the potential VMT impact.”68 With regards to both the 2019 Approved BCBP and 2021 Proposed Revised BCBP, the resulting analysis concluded that the 2021 Proposed Revised BCBP’s projected 39.20 VMT/SP exceeds the City’s baseline of 34.14 VMT/SP by 14.82 percent (39.20/34.14 = 1.1482).69 Based on the identification of those “significant but mitigable VMT impacts, the “approved” traffic study concluded: If the [2019] Approved [BCBP] Project’s transportation impacts were evaluated under the current CEQA guidelines using the City’s current VMT guidelines, mitigation measures would be required to offset the [2019] Approved [BCBP] Project’s significant VMT impact. The mitigation measures would include implementation of the Transportation Demand Management (TDM) strategies to decrease the VMT per service population to less than 15% below the City baseline VMT per service population and thus reduce the [2019 Approved BCBP] Project (Approved) VMT impact to less than significant. 67/ Ibid., p. 20. 68/ Ibid., p 5. 69/ Ibid., p 7. 7.1.d Packet Pg. 199 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 94 Addendum Given the [2021] Proposed [Revised BCBP] Project Generated VMT per service population exceeds the City of Diamond Bar baseline VMT per service population in the amount similar to that of the [2019] Approved [BCBP] Project and hence has a similar impact to that of [2019] Approved [BCBP] Project, the VMT mitigation measures would in all likelihood be similar/identical to that which would be recommended for the [2019] Approved [BCBP] Project. The mitigation measures would include implementation of the Transportation Demand Management (TDM) strategies to decrease the VMT per service population to less than 15% below the City baseline VMT per service population and thus reduce the [2019 Approved BCBP and the 2021 Proposed Revised BCBP] Project (Approved) VMT impact to less than significant.70 Unless otherwise waived, all projects within the City are subject to compliance with applicable DBMC provisions. As specified in the 2019 Approved BCBP/MND: As required under Section 22.40.030 (Transportation Demand Management Program Requirements) in Chapter 22.40 (Transportation Demand Management) of the MC: “All applicable projects shall prepare and implement a transportation demand management (TDM) program which will encourage increased ridesharing and the use of alternative transportation modes.” In accordance therein, based on the proposed project’s 118,471 square feet of development, among other obligations, [a TDM program shall include] carpool/vanpool preferential parking, a bicycle parking/storage area, a carpool/vanpool loading area, a transit waiting shelter, and joint access and shared parking. Because the ordinance does not specify the timing for submitting the TDM program, the Department has discretion as to: (1) when that program should be submitted; and (2) beyond the minimum requirements specified in the MC, the level of specificity relating thereto. Since the requisite information could have implications relative to the configuration of the proposed site plan, at a minimum, the Department has both stipulated the timing for TDM program submittal and formulated specific performance standards relative to targeted reductions in both average daily vehicle trips (ADT) and vehicle miles traveled (VMT). As a recommended mitigation measure, more detailed information beyond that incorporated on the proposed site plan shall be required prior to final subdivision map approval.71 As included in Table A-2 (2021 Proposed Revised BCBP – Adopted/Revised/Proposed Mitigation Measures) and as referenced herein, “Revised MM-3” (Transportation Demand Management) stipulated, in part, that the “TDM shall include reasonable and feasible actions and endeavors sufficient to achieve: (1) a twenty (20) percent reduction in ADT over conditions which would otherwise occur absent the TDM; or (2) a fifteen (15) percent reduction in weekday and weekend peak-period parking demands that would occur absent the TDM; or (3) a 15 percent project-specific VMT-related reduction below the City’s projected per service population (VMT/SP) level that would occur absent the TDM.” The “revised” project-level mitigation measures will reduce potentially significant VMT impacts to a less-than-significant level under CEQA. 70/ Ibid., p 8. 71/ City of Diamond Bar (Environmental Impact Sciences), Mitigated Negative Declaration for the Brea Canyon Business Park: 859 Brea Canyon Road, Diamond Bar, California, November 19, 2019, pp. I-78 and I-79. 7.1.d Packet Pg. 200 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 95 Queuing Capacity Analysis One of the major issues in the analysis of any traffic system is the analysis of delay. Delay may be defined as the difference between the actual travel time on a given segment and some ideal travel time of that segment. In queuing theory, delay means when demand exceeds capacity. Queuing delay typically includes the following three input parameters: (1) mean arrival rate; (2) mean service rate; and (3) the number of servers. Mean arrival rate (λ) is the rate at which customers arrive at a service facility and typically expressed in either flow (customers/hour or vehicles/hour) or in time headway (seconds/customer or seconds/vehicle). If inter arrival time that is time headway (h) is known, the arrival rate can be found out from the equation: λ = 3,600/h. Mean service rate (µ) is the rate at which customers or vehicles depart from a service facility and is typically expressed in either flow (customers/hour or vehicles/hour) or time headway (seconds/customer or seconds/vehicle). Both the number of servers and the manner in which they work (parallel servers or series servers) are also variable. If time headway (h) is known, the service rate can be determined by the equation: µ = 3,600/h. Queue discipline is a parameter that explains how the customers arrive at a service facility. The various types of queue disciplines include: (1) “served in random order” (SIRO); (2) “first-in-first-out” (FIFO); (3) “first-in-last-out” (FILO); and (4) “priority scheduling.” The queue discipline if “fast-food restaurants” (with “drive-thru”) is generally FIFO; however, “priority scheduling” would also exist when “mobile order pickup” and “curbside delivery services” are also provided. With regards to the 2021 Proposed Revised BCBP, inclusive of the unaltered components of the 2019 Approved BCBP, the following four separate queuing analyses are addressed herein. ◊ “Turn-Pocket Queuing Analysis. Based on the relatively short distance between the project’s driveway and the northbound left-turn pocket at the Brea Canyon Road/Lycoming Street intersection, a “turn pocket” queuing evaluation was included in the 2021 Proposed Revised BCBP/TIA. As indicate in Table A-8 (Brea Canyon Road/Lycoming Street Intersection and Project Driveway Queuing Analyses), based on the analysis presented therein, the proposed queues for the northbound left-turn at the Brea Canyon Road/Lycoming Street intersection are forecast to be adequate under both “opening year cumulative plus project” and “Year 2040 cumulative plus project” traffic conditions. Project-related improvements to Intersection No. 5 (Brea Canyon Road at Lycoming Street) include: (1) the restriping of the northbound approach to provide an additional exclusive northbound left-turn lane; (2) the restriping of the eastbound shared left/through/right-turn lane into an exclusive left-turn lane and shared through/right-turn lane; (3) the restriping of the westbound departure to accommodate two receiving lanes; and (4) associated changes to the existing traffic signal. 7.1.d Packet Pg. 201 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 96 Addendum ◊ Left-Turn Lane Queuing Analysis. As proposed, left-turn movement from the project’s driveway to southbound Brea Canyon Road would be prohibited. As proposed, vehicles traveling southbound on Brea Canyon Road would be able to turn left onto the site. ◊ Project Driveway Queuing Analysis. As indicated in the 2021 Proposed Revised BCBP/TIA, although the projected queue exceeds the storage length from the back of the sidewalk to the end-of-curb return of the first internal on-site intersection, as needed, the project site has the ability to accommodate additional spillover queue. As indicated in Table A-9 (2021 Proposed Revised BCBP - Brea Canyon Road/Lycoming Street Intersection and Project Driveway Queuing Analyses), westbound right-turn at the project driveway along Brea Canyon Road is forecast to be adequate under both “opening year cumulative-plus-project” and “Year 2040 cumulative-plus-project” conditions. Table A-9 2021 PROPOSED REVISED BCBP BREA CANYON ROAD/LYCOMING STREET INTERSECTION AND PROJECT DRIVEWAY QUEUING ANALYSES1 Opening Year Cumulative-Plus-Project Year 2040 Buildout-Plus-Project AM Peak Hour PM Peak Hour AM Peak Hour PM Peak Hour Intersection Estimated Storage Provided (feet) Max. Queue Minimum Storage Required Adequate Storage Max. Queue Minimum Storage Required Adequate Storage Max. Queue Minimum Storage Required Adequate Storage Max. Queue Minimum Storage Required Adequate Storage Brea Canyon Road/Lycoming Street Northbound Left 2202 150 Yes 131 Yes 184 Yes 181 Yes Brea Canyon Road/Project Driveway Southbound Left 100 80 Yes 60 Yes4 157 Yes 66 Yes Westbound Right 1053 103 Yes 116 Yes5 153 Yes 116 Yes Notes: 1. Queue’s based on 95th percentile from SimStraffic Software 2. Project storage based on conceptual median improvements. 3. The 105 feet of storage for the westbound right turn is measures from the back of the sidewalk to the end-of-curb return of the first internal on-site intersection. 4. Although the queue exceeds the provided pocket length, the spillover queue can be accommodated within the transition area. 5. Although the queue exceeds the storage length from the back of the sidewalk to the end-of-curb return of the first internal on-site intersection, the project site has the ability to accommodate any additional spillover queue as needed. Source: Linscott Law & Greenspan As illustrated in Figure A-1 (2021 Proposed Revised BCBP - Queuing Analysis at Project Driveway),72 the projected 95th percentile queue length for exiting (westbound) vehicles exceeds the 105-foot distance provided between the sidewalk and the end-of-curb return for the first internal on-site intersection during the “open year cumulative-plus-project” PM peak hour (116 feet) and both “Year 2040 cumulative-plus-project” AM (153 feet) and PM (116 feet) peak hours. 72/ Op. Cit., Revised Traffic Impact Analysis Report Addendum – Brea Canyon Business Center, Diamond Bar, California, Figure 10-2 (Queuing Analysis at Project Driveway). 7.1.d Packet Pg. 202 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 97 Although neither the length of each queuing vehicle nor separation distance between vehicles is specified, based on the referenced graphic, a combined distance of about 22-foot per vehicle has been assumed. The introduction of medium to large-sized trucks or an increase in separation distances could potentially impede turning movements from the main driveway to the first internal on-site intersection. Should queuing vehicles encroach into the first internal on-site intersection, unless turning movements were maintained, those vehicles could potentially impede entering vehicles seeking direct access to the “retail/restaurant” (“QSR-1”) building (“Parcel 2”), potentially creating a back-up to entering traffic. In response, the 2021 Proposed Revised BCBP/TIA recommends the posting of signage and the stripping of that intersection with the notation “KEEP CLEAR” commensurate with the project’s opening date. Because additional queuing length is available to the east of the first internal on- site intersection, sufficient queuing capacity exists on the project site. ◊ “Drive-Thru” Lane Queuing Analysis. The 2021 Proposed Revised BCBP includes the proposed elimination, redesign, and/or reconfiguration of the previously approved 8,900 GSF multitenant “medical office” building (“Parcel 2”) and the introduction of a 6,500 GSF multitenant “retail/restaurant” building (“QSR- 1”), including the introduction of a “fast-food restaurant” (with “drive-thru”), one or more additional unspecified “restaurants” (without “drive-thru”), and one or more Figure A-1 2021 PROPOSED REVISED BCBP QUEUING ANALYSIS AT PROJECT DRIVEWAY Source: Linscott Law & Greenspan 7.1.d Packet Pg. 203 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 98 Addendum additional unspecified “retail” uses, and extended operational hours associated therewith and relating thereto. While some percentage of patrons will elect to enter the proposed “fast-food restaurant” to order food and/or to order and eat (either inside or at the “outdoor dining area”), one of the perceived benefits of an operational “drive-thru” lane is the ability of patrons to remain in their vehicles, order food, and depart without the need to enter the building. It has been noted that “drive-thru” traffic varies by restaurant type: [T]here are noticeable differences in the percentage of customers who use the drive-thru window for different types of restaurants. A customer at a hamburger fast food restaurant, such as Burger King or McDonald's, is more likely to use the drive-thru window than a customer at a quick-service Mexican restaurant, such as Del Taco or Taco Bell, or a chicken fast food restaurant, such as Kentucky Fried Chicken or Popeyes. About 57 percent of customers at hamburger fast food restaurants use the drive-thru window, compared to 40 percent at quick-service Mexican restaurants and 38 percent at chicken fast food restaurants. . . McDonald's, the largest fast-food chain, generates 65 percent of its sales in the United States from drive-thru customers.73 The following key points were identified in “Drive-Thru Ordering Surged during the Pandemic. Fast-Food Chains Don’t Think it’s a Fad” (March 12, 2021): o Drive-thru ordering surged over the last year as the coronavirus pandemic shuttered indoor dining and made consumers wary of entering restaurants; o Industry experts believe that “drive-thru” ordering will stay above pre- pandemic levels, even after everyone is vaccinated; and o Fast-food chains are ramping up investments to make their “drive-thru” lanes more efficient, while more fast-casual restaurants are adding their first “drive- thru” lanes.74 As further indicated therein: After decades as a fast-food staple, drive-thru lanes became the superstar, helping fast-food chains’ sales rebound faster than those of its full-service brethren. By December, drive-thru lanes accounted for 44% of off-premise orders across the entire restaurant industry, according to the NPD Group. As vaccine distribution ramps up across the United States, the popularity of drive-thru ordering appears to have staying power, although industry experts predict that it will moderate some.75 Annually, “QSR Magazine” conducts a survey at popular “fast-food restaurants” undertaken for the purpose of assessing service times at each restaurant’s “drive- 73/ McDonnell, Steve, What Percentage of Sales are from Drive Through Windows at Fast Food Restaurants?, Houston Chronicle (https://smallbusiness.chron.com/percentage-sales-drive-through-windows-fast-food-restaurants- 75713.html). 74/ Lucas, Amelia, Drive-Thru Ordering Surged during the Pandemic. Fast-Food Chains Don’t Think it’s a Fad, March 12, 2021, CNBC News (https:/www.cnbc.com/2021/03/12/drive-thru-ordering-surged-during-the-pandemic- heres-what-comes-next.html/). 75/ Ibid. 7.1.d Packet Pg. 204 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 99 thru” lane. 76 As indicated therein, Table A-10 (“Drive-Thru Restaurant” - Speed of Service Study [2021]), based on survey results, the total time from entry to exit for the ten surveyed “fast-food restaurants” with “drive-thrus” ranged between 268 seconds (4.5 minutes) for “Taco Bell” to 541 seconds (9 minutes) for “Chick-fil-A.” When aggregated, the average time at those 10 “drive-thrus” was 345.6 seconds or about 5.8 minutes. Table A-10 “DRIVE-THRU RESTAURANT” SPEED OF SERVICE STUDY (2021) Chain Total Time through Drive-Thru (seconds) Total Time through Drive-Thru (minutes) Arby’s 374 6.2 Burger King 359 6.0 Carl’s Jr. / Hardee’s 286 4.8 Chick-Fil-A 541 9.0 Dunkin’ 295 4.9 KFC 272 4.5 McDonald’s 311 5.2 Starbucks 409 6.8 Taco Bell 268 4.7 Wendy’s 341 5.7 Notes: 1. 312 drive-thru locations, geographically balanced. Total time from entry to exit shown for” drive-thru” experience Source: QSR Magazine, The 2021 QSR Magazine Drive-Thru Study: Speed of Service (https://www.qsrmagazine.com/content/2021-qsr-magazine-drive-thru-study-speed-service). Restaurant preferences and demands may not be geographically universal. Although not necessarily indicative of the 2021 Proposed Revised BCBP, relative to the determination of an appropriate queuing capacity, a number of potentially comparative studies were examined by the Department. Those studies included those associated with three popular southern California restaurants, including proposed “In-N-Out Restaurant,” “Chick-fil-A Restaurant,” and “Raising Cane’s Restaurant,” and are cited below. o In-N-Out Restaurant. For a proposed 3,885 GSF “In-N-Out Restaurant” (42- 650 Bob Hope Drive, Rancho Mirage)77 the following information is extracted from the “Traffic Impact Analysis Report – Rancho Las Palmas In-N-Out, Rancho Mirage, California” (Linscott Law & Greenspan, September 4, 2020, revised June 18, 2020), as included in the “Draft Environmental Impact Report – In-N-Out Burger Restaurant, SCH No. 2020050075” (Rancho Mirage, September 2020). Pre-COVID-19 queuing observations were performed at the following three existing “In-N-Out Restaurants” between June 27-29, 2019 (Thursday- 76/ QSR Magazine, The 2021 QSR Magazine Drive-Thru Study: Speed of Service (https://www.qsrmagazine.com/content/2021-qsr-magazine-drive-thru-study-speed-service). 77/ “Project is proposing to construct a 3,885 SF In-N-Out Burger restaurant (74 indoor seats) with drive-through window with storage to accommodate up to twenty-three (23) vehicles. In addition, the restaurant will include a 1,762 SF covered patio and a 632 SF outside dining area to accommodate an additional 82 seats, totaling 156 seats for the entire restaurant. The project site will include 75 parking spaces and 4 bicycle parking racks” (Linscott Law & Greenspan, Traffic Impact Analysis Report – Rancho Las Palmas In-N-Out, Rancho Mirage, California, September 4, 2020, revised June 18, 2020, p. vi). 7.1.d Packet Pg. 205 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 100 Addendum Saturday): (1) Site 1: 72265 Varner Road, Thousand Palms; (2) Site 2: 82043 State Highway 111, Indio; and (3) Site 3: 78611 State Highway 111, La Quinta. As indicated, in part, therein: Our evaluation of this data indicates that on average during the weekday (Thursday) peak periods, an average queue of 12 vehicles in the drive-through lane can be expected, with an 85th percentile queue of approximately 17 vehicles, a 95th percentile queue of approximately 19 vehicles and a max queue of approximately 23 vehicles. Similarly, our evaluation of this data also indicates that on average during the weekend (Saturday) peak periods, an average queue of 12 vehicles in the drive- through lane can be expected, with an 85th percentile queue of approximately 16 vehicles, a 95th percentile queue of approximately 19 vehicles and a max queue of approximately 24 vehicles. The 85th percentile queue represents the number of vehicles that can be expected in the drive-through lane during the peak period, and indicates that 85 percent of the drive-through customers will wait in a line no longer than 17 vehicles; 15 percent of the customers will wait in a queue of 18 cars or more. Whereas the 95th percentile queue indicates that 95 percent of the drive- through customers will wait in a line no longer than 19 vehicles; 5 percent of the customers will wait in a queue of 20 cars or more. Please note that the 85th percentile “criteria” is the design standard typically used in the traffic engineering profession.78 Based on the number of queuing vehicles observed, the weekday 85th percentile was determined to be: (1) Site 1 - 18 vehicles; (2) Site 2 -11 vehicles; and (3) Site 3 - 19 vehicles. Similarly, the weekend 85th percentile was determined to be: (1) Site 1 - 15 vehicles; (2) Site 2 - 16 vehicles; and (3) Site 3 - 15 vehicles.79 The above referenced traffic study concluded that a 3,885 GSF “fast-food restaurant” (with “drive-thru”) translated into the demand for a 17-vehicle queuing capacity, representing a ratio of 4.38 vehicles per 1,000 GSF. o Chick-fil-A Restaurant. Citing “Queuing Analysis – Proposed West Covina Chick-fil-A (200 Vincent Avenue)” (TJW Engineering, December 18, 2017, the following information is extracted from the “Transportation Impact Study – Chick-fil-A/Starbucks Monrovia Project, City of Monrovia” (Linscott Law & Greenspan, March 17, 2021), as induced in the “Final Chick-fil-A and Starbucks, Huntington Drive & 210 Project – Initial Study/Mitigated Negative Declaration, SCH No. 2021040773” (Monrovia, June 2021).80 78/ Linscott Law & Greenspan, Traffic Impact Analysis Report – Rancho Las Palmas In-N-Out, Rancho Mirage, California, September 4, 2020, revised June 18, 2020, p. 26. 79/ Ibid., Table 9-3 (Weekday Drive-Through Lane Queuing Analysis Summary) and Table 9-4 (Weekday Drive- Through Lane Queuing Analysis Summary), pp. 27-28. 80/ “A 4,562 square-foot Chick-fil-A restaurant. . .will provide both indoor and patio seating as well as a drive- through service lane. . .The proposed Chick-fil-A restaurant is planned to be open to the public Monday through Saturday between the hours of 6:30 AM and 10:00 PM, with employees at the site from 5:00 AM to 11:00 PM for opening and closing activities. Deliveries for the proposed Chick-fil-A may occur anytime within the hours of operation, but are likely to occur between the hours of 5:00 and 6:30 AM. . .[T]he proposed project is planned to accommodate 7.1.d Packet Pg. 206 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 101 The TJW Engineering (TJW) analysis was based on pre-COVID-19 observations performed by TJW at the following four Chick-fil-A locations between January 18 and November 20, 2017 (including a Monday, Wednesday, Friday, and Saturday dates): (1) 1949 N. Campus Drive, Upland; (2) 3555 Grand Oaks, Corona; (3) 24011 El Toro Road, Laguna Hills; and (4) 12190 Foothill Boulevard, Rancho Cucamonga. The square footages of the four existing restaurants was not, however, explicitly noted. The TJW analysis concluded: “A typical rule of thumb when designing drive- through queue storage is that the 85th percentile queue should be chosen and that the drive-through should be designed to accommodate these queues. Based on this rule of thumb, the observed 85th percentile queue length at the four comparable Chick-fil-As is 15 vehicles.” Pre-COVID-19 queuing observations were performed by Linscott Law & Greenspan at the following four “Chick-fil-A Restaurants” between August and September 2019 (Rancho Capistrano) and September 2019 (Pasadena): (1) 12190 Foothill Boulevard, Rancho Cucamonga; (2) 1949 N. Campus Avenue, Upland; (3) 1700 E. Colorado Boulevard, Pasadena; and (4) 24180 Magic Mountain Parkway, Santa Clarita. As presented in Table A-11 (Summary of “Drive-Thru Restaurant” - Service Lane Queuing Observations at Four Existing Chick-Fil-A Restaurants), as extracted from Linscott Law & Greenspan’s (LLG) March 2021 analysis, queuing demands at four Chick-fil-A restaurants (with “drive-thru”) in the southern California, ranged between 19 and 26 vehicles. Table A-11 SUMMARY OF “DRIVE-THRU RESTAURANT” SERVICE LANE QUEUING OBSERVATIONS AT FOUR EXISTING CHICK-FIL-A RESTAURANTS Location Size (GSF) Maximum Observed Queue (vehicles) Queue Ratio (vehicles/1,000 SF) 12190 Foothill Boulevard, Rancho Cucamonga 4,856 19 3.91 1849 N Campus Avenue, Upland 4,625 26 5.62 1700 E. Colorado Boulevard, Pasadena 4,595 25 4.44 24189 Magic Mountain Parkway, Santa Clarita 4,496 22 4.89 Aggregate of All Observed Sites 18,572 92 4.93 Source: Linscott Law & Greenspan, Transportation Impact Study – Chick-Fil-A/Starbucks Monrovia Project, City of Monrovia, California Table 2-2 (Summary of Drive-Through Service-Lane Vehicle Queuing Observations of Existing Chick-Fil-A Restaurants), March 17, 2021 (https://www.cityofmonrovia.org/home/showpublisheddocument/25787/637587405882930000) With regards to the proposed 4,562 GSF “Chick-fil-A Restaurant” in the City of Monrovia, the traffic study noted that: Utilization of the aggregate queue ratio minimizes the variations in queuing due to the unique characteristics of each observed site and up to 30 vehicles in a dual-loaded drive-through service lane” (Linscott Law & Greenspan, Transportation Impact Study – Chick-fil-A/Starbucks Monrovia Project, City of Monrovia, March 17, 2021, pp. 6 and 20). 7.1.d Packet Pg. 207 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 102 Addendum provides a broader sample on which to base the maximum forecast vehicle queue” for that proposed project.81 As further noted by LLG: [S]imilar to other existing Chick-fil-A restaurants, it is expected that Chick-fil-A employees/order takers will be deployed during peak hours, if necessary, to conduct remote ordering with tablets in order to expedite drive-through operations. It is recommended that clear signage directing vehicles to the drive-through service lane be installed on the project site to minimize unnecessary circulation within the site. Should the vehicle queue exceed the available storage space, it is recommended that the project applicant implement a policy similar to that of other restaurants in which a staff member will be present to direct the additional vehicle(s) to a parking or waiting area to ensure that potential queues do not interfere with on-site circulation or spill back onto adjacent public right-of-way.82 o Raising Cane’s Restaurant. For a proposed 4,047 GSF “Raising Cane’s Restaurant” (255 Imperial Highway, Brea) the following information is extracted from the “Focused Transportation Assessment for the Proposed Raising Cane’s Project in the City of Brea” (Kimley-Horn and Associates, December 2020),83 accompanying a categorical exemption. In order to quantify appropriate queuing capacity, in November 2017, August 2018, and March 2019 (Wednesday, Thursday, and Saturday), pre-COVID- 19 field surveys were conducted at the following three existing “Raising Cane’s Restaurants” with “drive-thru” lanes: (1) 23971 El Toro Road (Laguna Hills); (2) 2249 North Tustin Street (Orange); and (3) 11066 Magnolia Avenue (Riverside). As configured, the “drive-thru” would provide two side-by-side entry lanes and two menu boards, allowing the restaurant to take orders from two customers at the same time. After the menu boards, the two lanes would merge into a single “drive-thru” lane prior to the pay and pick-up window. There will be approximately 350 feet (approximately 175 feet per lane) of total queuing capacity from the “drive-thru” entrance to the two menu boards and approximately 90 feet from the menu boards to the pick-up window, providing a total drive-through queue length of approximately 440 feet and a 81/ Linscott Law & Greenspan, Transportation Impact Study – Chick-Fil-A/Starbucks Monrovia Project, City of Monrovia, California, p. 20. 82/ Ibid. 83/ “The project will involve. . .a 3,267-square-foot Raising Cane’s restaurant building with a drive-through and approximately 780 square feet of patio area. The operating hours for walk-in and drive-through service will be from 9:00 AM to 1:00 AM Sunday through Thursday and 9:00 AM to 3:30 AM Friday through Saturday. . .The proposed project would provide a drive-through lane with two order boards. The drive-through would provide two side-by-side entry lanes and two order boards, and then merge into a single drive-through lane prior to the pay and pick-up window. . .There will be approximately 350 feet (approximately 175 feet per lane) of total queuing capacity from the drive-through entrance to the two order boards and approximately 90 feet from the order boards to the pick-up window. This would provide a total drive-through queue length of approximately 440 feet, for a drive-through queueing capacity of 20-22 vehicles,” (Kimley-Horn and Associates, Focused Transportation Assessment for the Proposed Raising Cane’s Project in the City of Brea, December 2020, pp. 3 and 24). 7.1.d Packet Pg. 208 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 103 queueing capacity of approximately 20 vehicles (assuming 22 feet per vehicle) from the beginning of the drive-through lanes to the pay and pick-up window. Based on the “drive-thru” queuing data, the peak observed queue was 17 vehicles; therefore, the proposed capacity would be able to accommodate the expected peak demand. As reported therein, the typical service time in the “drive-thru” lane at “Raising Cane’s Restaurant” is 2½ minutes from the order board to the pick- up window, with subsequent vehicles being processed at the pick-up window every 35 to 40 seconds during the peak “drive-thru” periods. The traffic engineer’s “general observations” included, but were not limited to: ► Spillovers outside the “drive-thru” lane occasionally occurred. ► Spillover was due to a delay at the order board. A more-than-average delay at the order board (i.e., due to a large order or indecisiveness on the part of the customer) briefly held up the movement of the queue, sometimes causing the remainder of the queue to extend beyond the “drive-thru” lane opening. ► Some customers were observed to pull into the site; evaluate the wait time, based on the vehicle queue; and choose to park and go into the building, rather than join the existing queue. The above referenced traffic study concluded that a 4,047 GSF “fast-food restaurant” (with “drive-thru”) translated into a 17-vehicle queuing capacity, representing a ratio of 4.20 vehicles per 1,000 GSF. With regards to the 2021 Proposed Revised BCBP, the owner, operator, franchisee, licensee, and/or master leasee for the “retail/restaurant” (“QSR-1”) building has not been identified, the operator(s) of the “fast-food restaurant” (with “drive-thru”) and the additional unspecified “restaurants” (without “drive-thru”) are not known. Since the precise division of the 6,500 GSF “retail/restaurant” (“QSR- 1”) building (“Parcel 2”) remains undetermined, pending that determination, the requisite pre- or post-COVID-19 queuing capacity cannot be precisely derived. With regards thereto, unknown and unspecified variables include: (1) the estimated time from entry to exit of the “drive-thru” aisle; and (2) the minimum queuing capacity of the proposed “drive-thru” aisle. As illustrated in Figure A-2 (2021 Proposed Revised BCBP – Proposed “Fast- Food Restaurant” Drive-Thru Queuing Capacity Diagram), the Applicant depicting a queuing capacity of only about 13 vehicles prior to potential interference with other on-site parking and circulation patterns. Based on the separate distance between queuing vehicles, once operational, actual “drive- thru” lane capacity may be less than that indicated. Assuming that the 2,500 GSF “fast-food restaurant” (with “drive-thru”) proposed as part of the “retail/restaurant” (“QSR-1”) building and no adjustments are made for the accompanying proposed minimum 260 SF “outdoor dining area,” does not exceed that square footage, based on the information derived from the above referenced analyses of the proposed 3,885 GSF “In-N-Out Restaurant” in Rancho Mirage (4.38 vehicles/1,000 SF), the 4,562 GSF “Chick-fil-A Restaurant” in Monrovia (aggregate 4.93 vehicle/1,000SF), and the 4,047 GSF “Raising Cane’s Restaurant” in Brea (4.20 vehicles/1,000 SF), although the length of the “drive- 7.1.d Packet Pg. 209 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 104 Addendum thru” aisle is not identified, excluding the proposed minimum 260 SF of accompanying “outdoor dining area,” the illustrated 13-vehicle queuing capacity would be expected to reasonably accommodate that 2,500 GSF “drive-thru restaurant” queuing capacity demands. Based on the cited studies, based on an 85th percentile standard, presented in Table A-12 (Variable “Drive-Thru” Queuing Demand Based on Restaurant Square Footage) is a table depicting differences in queuing capacity based on different square footage for “fast-food restaurants” (with “drive-thru”) that could be operated within the proposed “retail/restaurant” (“QSR-1”) building (“Parcel 2”). Assuming 22 linear feet per standard-sized vehicle, presented therein is both the recommended number of queuing vehicle capacity (rounded upward) and the total length (single lane) or combined length (multiple lanes) of the “drive-thru.” Figure A-2 2021 PROPOSED REVISED BCBP PROPOSED “FAST-FOOD RESTAURANT” DRIVE-THRU QUEUING CAPACITY DIAGRAM Source: Lycoming, LLC 7.1.d Packet Pg. 210 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 105 Table A-12 VARIABLE “DRIVE-THRU” QUEUING DEMAND BASED ON RESTAURANT SQUARE FOOTAGE (Number of Vehicles and Length of Dedicated “Drive-Thru” Lane in Linear Feet) Restaurant Size (Gross Square Feet) Representative Queuing Analyses In-N-Out Restaurant2 (4.38 vehicles/1,000 SF) Chick-fil-A Restaurant3 (4.93 vehicles/1,000 SF) Raising Cane’s Restaurant4 (4.20 vehicles/1,000 SF) 2,5005 11 (242 LF) 13 (286 LF) 11 (242 LF) 2,7606 12 (264 LF) 14 (308 LF) 12 (264 LF) 3,000 14 (308 LF) 15 (330 LF) 13 (286 LF) 3,500 16 (352 LF) 18 (392 LF) 15 (330 LF) 4,000 18 (392 LF) 20 (440 LF) 17 (374 LF) 4,500 20 (440 LF) 23 (506 LF) 19 (418 LF) 5,000 22 (484 LF) 25 (550 LF) 21 (462 LF) 5,500 25 (550 LF) 28 (616 LF) 24 (528 LF) 6,000 27 (594 LF) 30 (660 LF) 26 (572 LF) 6,500 29 (638 LF) 33 (726 LF) 28 (616 LF) Notes: 1. Assuming 22 linear feet (LF) per standard-sized vehicle. 2. Linscott Law & Greenspan, Traffic Impact Analysis Report – Rancho Las Palmas In-N-Out, Rancho Mirage, California, September 4, 2020, revised June 18, 2020. 3. Linscott Law & Greenspan, Transportation Impact Study – Chick-fil-A/Starbucks Monrovia Project, City of Monrovia, March 17, 2021. 4. Kimley-Horn and Associates, Focused Transportation Assessment for the Proposed Raising Cane’s Project in the City of Brea, December 2020. 5. Assuming a 2,500 GSF “fast-food restaurant with drive-thru” absent any additional “outdoor dining area. 6. Assuming a 2,500 GSF “fast-food restaurant with drive-thru” plus an additional minimum 260 SF of “outdoor dining area. Source: Community Development Department Alternative Modes of Transportation Public transit and bicycle mobility are separately addressed below. ◊ Public Transit. Foothill Transit provides public transit services in the project area. As illustrated in Figure A-3 (Foothill Transit – Existing Bus Routes 482/495), the following bus routes presently operate in the general vicinity of the project site: Route 482 (Pomona – Rowland Heights – Puente Hills Mall via Colima Road) and Route 495 (Industry Park & Ride – Downtown Los Angeles Express Services). Although there are presently no bus stops along northbound Brea Canyon Road, between the SR-60 Freeway and the Industry Metrolink Station (600 Brea Canyon Road, Industry), a southbound bus stop exists along Brea Canyon Road north of Lycoming Street. The 2021 Proposed Revised BCBP includes, as a component to its transportation demand management plan, the provision of a new bus shelter and new bus pad at the existing bus stop located along Brea Canyon Road to north of the project site. ◊ Bicycle Mobility. With regards to the 1993/2013/2014 General Plan, as indicated in the 2019 Approved BCBP/MND: “[T]he 1993/2013/2014 General Plan identified a shared “Class III” bicycle route along Brea Canyon Road. As depicted in in the “Los Angeles County Bicycle Master Plan,” Brea Canyon Road and Lycoming Street (east of Brea Canyon Road) are designated as “Class III” bicycle routes.” 7.1.d Packet Pg. 211 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 106 Addendum Figure A-3 FOOTHILL TRANSIT EXISTING BUS ROUTES 482/495 Source: Foothill Transit Project Site Project Site 7.1.d Packet Pg. 212 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 107 Additional references to the City’s “Recreational Trails and Bicycle Route Master Plan” (2001) include: Class II bikeways require a designated lane within the right-of-way for bicycle travel. This designated lane must match the flow of traffic and be a minimum of five feet in width. A number of Class II bikeways exist within the City and additional Class II bikeways are identified as having future potential for this designation. Brea Canyon Road – A Class II bikeway is proposed from the northern City limit to Pathfinder, a distance of 1.2 miles. This is a regional route and provides access to a number of facilities, including the Metrolink Train Station, and the Golden Springs and Pathfinder routes. South of Pathfinder on the west side (southbound) it is a combination of Class IIII for approximately 1.4 miles. The proposed [2019 Approved BCBP] project includes no provisions or other accommodations for any improvements to existing or proposed bicycle facilities along the property’s Brea Canyon Road frontage.84 As indicated in the 2040 General Plan/CAP: “The City of Diamond Bar has made a concerted effort to expand the ease of alternative transportation options for residents, recognizing both health and environmental benefits. This includes the introduction of bicycle facilities along roads such as Golden Springs Drive and Brea Canyon Road.”85 As extracted therefrom, illustrated in Figure A-4 (2040 General Plan/CAP – Portion of Citywide Bicycle Network)86 is a map depicting the “bicycle network” in the City. A “Class IV – Protected Bike Lane” is identified along Brea Canyon Road, extending from Golden Springs Road (on the south) to the Industry Metrolink Station (600 Brea Canyon Road, Industry) (on the north). As defined therein: Class IV Protected Bike Lanes, also referred to as cycle tracks or separated bikeways, are bikeways for the exclusive use of bicycles that are physically separated from vehicle traffic. Types of separation may include, but are not limited to, grade separation, flexible posts, physical barriers, or on-street parking.87 In compliance with Section 5.106.4.1.1 (Short-Term Bicycle Parking) in Chapter 5 (Nonresidential Mandatory Measures) of the 2019 CalGreen, the Applicant shall provide permanently anchored bicycle racks equal to 5 percent of new visitor motorized vehicle parking spaces, with a minimum of one two-bike capacity rack. Other mandatory measures applicable to non-residential projects identified in 2019 CalGreen include: 84/ Op. Cit., Mitigated Negative Declaration for the Brea Canyon Business Park: 859 Brea Canyon Road, Diamond Bar, California, November 19, 2019, pp. I-56 and I-57. 85/ Op. Cit., City of Diamond Bar General Plan 2040, Chapter 4 (Circulation), December 17, 2019, p. 4-22. 86/ Ibid., Figure 4-2 (Proposed Bicycle Network), p. 4-23. 87/ Ibid., p. 4-24. 7.1.d Packet Pg. 213 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 108 Addendum o Section 5.106.5.2 (Designated Parking). In new projects or additions of alterations that add 10 or more vehicular parking spaces, provide designated parking for any combination of low-emitting, fuel efficient, and carpool/van pool vehicles as shown on Table 5.106.5.2; and o Section 5.106.5.3 (Electric Vehicle Charging). Construction shall comply with Section 5.106.5.3.1 or 5.106.5.3.2 to facilitate future installation of electric vehicle supply equipment. Although designated on-site bicycle parking areas are provided, because the current site plan does not explicitly accommodate bicycle route improvements along Brea Canyon Road, the 2021 Proposed Revised BCBP would appear to foreclose future opportunities to develop a “Class IV Protected Bike Lane northbound along a segment of Brea Canyon Road. In so doing, the 2021 Proposed Revised BCBP appears to be potentially inconsistent with a number of 2040 General Plan/CAP policies. When a proposed action is found to be consistent with a preponderance of general plan policies, potential inconsistencies with certain policies presented therein is not, in and of itself, deemed to constitute a significant environmental effect under CEQA. Figure A-4 2040 GENERAL PLAN/CAP PORTION OF CITYWIDE BICYCLE NETWORK Source: City of Diamond Bar Project Site 7.1.d Packet Pg. 214 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 109  Additional References: ♦ City of Diamond Bar, City of Diamond Bar Transportation Study Guidelines for Vehicle Miles Traveled and Level of Service Assessment, September 2020. ♦ dBF Associates, Noise Analysis Report – Raising Cane’s Restaurant, Temecula, California, March 30, 2018. ♦ Highway Research Board, Parking Principles, Special Report 125, 1971. ♦ Institute of Transportation Engineers, Institute of Transportation Engineers Guide to SB 743 – The Transition from Level of Service to Vehicle Miles Traveled for CEQA Transportation Analysis, April 2021. ♦ Institute of Transportation Engineers, ITE Journal, Updates to the Trip Generation Manual, 11th Edition, October 2021 (https://ygsgroup.com/pubs/ite/itejournal/2021/10/ITE_1021.pdf). ♦ Institute of Transportation Engineers, Trip Generation Manual, 10th Edition, 2017. ♦ Institute of Transportation Engineers, Trip Generation Manual, 11th Edition, 2021. ♦ Institute of Transportation Engineers, What a Transportation Professional Needs to Know about Counts and Studies during a Pandemic, July 2020. ♦ Kimley-Horn and Associates, Focused Transportation Assessment for the Proposed Raising Cane’s Project in the City of Brea, December 2020. ♦ Linscott Law & Greenspan. Transportation Impact Study – Chick-Fil-A/Starbucks Monrovia Project, City of Monrovia, California, March 17, 2021. ♦ Linscott Law & Greenspan. Traffic Impact Analysis Report – Rancho Las Palmas In- N-Out, Rancho Mirage, California, September 4, 2020, revised June 18, 2020. ♦ Litman, Todd, Parking Management Best Practices, ITE Journal, September 2008 (https://www.vtpi.org/PMBP_ITE_SEPT2008.pdf). ♦ Lucas, Amelia, Drive-Thru Ordering Surged during the Pandemic. Fast-Food Chains Don’t Think it’s a Fad, March 12, 2021, CNBC News (https:/www.cnbc.com/2021/03/12/drive-thru-ordering-surged-during-the-pandemic- heres-what-comes-next.html/). ♦ McDonnell, Steve, What Percentage of Sales are from Drive Through Windows at Fast Food Restaurants?, Houston Chronicle (https://smallbusiness.chron.com/percentage-sales-drive-through-windows-fast-food- restaurants-75713.html). ♦ NPD Group, U.S. Restaurant Industry Continues Gradual Recovery in August while Dine-In Visits Remail Well Below Pre-Pandemic Levels, September 21, 2021 (https://www.npd.com/news/press-releases/2021/u-s-restaurant-industry-continues- gradual-recovery-in-august-while-dine-in-visits-remain-well-below-pre-pandemic- levels/). 7.1.d Packet Pg. 215 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 110 Addendum ♦ Robinson, Micah, How Drive-Thru Restaurants can Thrive in the Age of Social Distancing, QSR, July 2020 (https://www.qsrmagazine.com/outside-insights/how-drive-thru-restaurants-can-thrive- age-social-distancing). ♦ Smith, Mary, Shared Parking: How Future Mobility Technology Drive Parking Demand, Third Edition, Urban Land Institute, International Council on Shopping Centers, and National Parking Association, April 20, 2020. ♦ State of California, Office of Planning and Research, Proposed Updates to the CEQA Guidelines, Final, November 2017. ♦ State of California, Office of Planning and Research, Technical Advisory on Evaluating Transportation Impacts in CEQA, November 27, 2017. ♦ State of California, Office of Planning and Research, Technical Advisory on Evaluating Transportation Impacts in CEQA, December 2019. ♦ State of California, Office of Planning and Research, Updated Transportation Impacts Analysis in the CEQA Guidelines, Preliminary Discussion Draft of Updates to the CEQA Guidelines Implementing Senate Bill 743 (Steinberg, 2013), August 6, 2014. ♦ Taylor, Charles, R., Analysis of Proposed Freeway-Oriented On-Premise Signage at the Outlets at San Clemente, September 7, 2016. ♦ Transportation Research Board, National Cooperative Highway Research Program, NCHRP Report 684, Enhancing Internal Trip Capture Estimation for Mixed-Use Development, 2011. ♦ Urban Land Institute, Shared Parking, Third Edition, 2020. 3.18 Tribal Cultural Resources Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Section 21074 of the Public Resources Code as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Listed or eligible for listing in the California Register of Historic Resources, or in a local register of historical resources as defined in Section 5020.1 of the Public Resources Code; or 7.1.d Packet Pg. 216 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 111 (b) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in Section 5024.1(c) of the Public Resources Code. In applying the criteria set forth in Section 5024.1(c) of the Public Resources Code, the lead agency shall consider the significance of the resource to a California Native American tribe.  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: On July 24, 2019, through written correspondence, the Department provided government-to-government notification to those tribal contacts identified by the NAHC. In response to the Department’s outreach efforts, the Gabrieliño Tongva Indians of California Tribal Council and the Gabrieleno Band of Mission Indians - Kitz Nation responded to the City’s invitation for tribal consultation. In a meeting conducted at City Hall (21810 Copley Drive, Diamond Bar), Department staff met with a representative of the Gabrieliño Tongva Indians of California Tribal Council on August 22, 2019. In addition, Department staff conducted a telephone conference with representatives of the Gabrieleno Band of Mission Indians - Kitz Nation on September 5, 2019. Tribal consultation concluded with the adoption of a number of mitigation measures (“MM- 8” through “MM-11”) designed to minimize potential impacts on tribal cultural resources. In addition, as included in 2040 General Plan/CAP/FPEIR and as adopted by the Council (Resolution No. 2019-43, December 17, 2019), “PMM-CULT-2” was identified by the Department as being potentially relevant to the 2021 Proposed Revised BCBP. A site-specific grading permit was issued for the 2019 Approved BCBP and rough grading activities associated therewith have previously commenced. Although additional grading activities associated with the 2021 Proposed Revised BCBP will occur, with the commencement of rough grading activities, including the associated disturbance of the entire project site, many of the project-level mitigation measures presented in the 2019 Approved BCBP/MND were effectively implemented and, based on that site disturbance, would no longer appear to remain applicable to the 2021 Proposed Revised BCBP. With the City’s issuance of a rough grading permit associated with the 2019 Approved BCBP, project-level mitigation measure “MM-8,” “MM-9,” and “MM-10,” and program-level mitigation Measure “PMM-CULT-2” were effectively implemented and no longer remain applicable to the 2021 Proposed Revised BCBP. Because certain statutory and regulatory provisions apply to all construction projects, those provisions, in the form of a mitigation measure (“MM- 11”), has been retained. No further tribal consultation is required herein.  Additional References: None 7.1.d Packet Pg. 217 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 112 Addendum 3.19 Utilities and Service Systems Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Would the project: (a) Require or result in the relocation of construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? (b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? (c) Result in a determination by the wastewater treatment provider which serves the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? (d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? (e) Comply with federal, State, and local management and reduction statutes and regulations related to solid waste?  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: Relative to utilities and service systems, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council (Resolution No. 2019-40, November 19, 2019). None of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. Because all associated infrastructure improvements have or will be undertaken as prerequisite components of the 2019 Approved BCBP, no additional new or expanded water, wastewater, storm drain, or dry utility systems or facilities will be required to accommodate the 2021 Proposed Revised BCBP. Water, wastewater, and solid waste services and systems are separately addressed herein. ♦ Water. With regards to the 2019 Approved BCBP, a “will-serve” letter was received from the Walnut Valley Water District (WVWD or District). Since the 2021 Proposed 7.1.d Packet Pg. 218 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 113 Revised BCBP will add only an additional 385 GSF thereto, the Department has determined that the existing “will serve” letter sufficiently serves to demonstrate the available of adequate potable water resources to accommodate the proposed development. ♦ Wastewater Treatment. With regards to the 2019 Approved BCBP, a “will-serve” letter was received from the County Sanitation Districts of Los Angeles County (CSDLAC). Since the 2021 Proposed Revised BCBP will add only an additional 385 GSF thereto, the Department has determined that the existing “will serve” letter sufficiently serves to demonstrate the available of adequate wastewater treatment capacity to accommodate the proposed development. ♦ Solid Waste. “Solid waste” means all “solid waste” defined under Section 40191 of the PRC, as amended, and includes discarded putrescible and non-putrescible solid, semisolid, and liquid wastes, including refuse, construction and demolition debris, recyclable materials, and green waste, or any combination thereof which are permitted to be disposed of in a Class III landfill and which are included in the definition of “non- hazardous solid waste” as set forth in the CCR. Pursuant to Section 8.16.610 (Construction or Demolition Waste), Division 6 (Construction and Demolition Waste), Title 8 (Health and Safety) of the DBMC: Every covered construction project shall divert at least 75 percent, measured by weight, of all construction/demolition waste generated by the covered construction project. The 2021 Proposed Revised BCBP will add an additional 385 GSF to the project examined in the 2019 Approved BCBP/MND, incrementally contributing to the quantity of construction materials required for the project’s implementation and associated construction/demolition (C&D) wastes associated therewith. “Covered construction projects” include all “construction, demolition or remodel projects of 1,000 square feet or more.” Compliance with Section 8.16.610 of the DBMC will reduce those C&D wastes associated with the 2021 Proposed Revised BCBP to a less-than-significant level. The 2019 Approved BCBP/MND included detailed information concerning the generation, handling, and disposal of hazardous and medical wastes but, absent a “restaurant” component (excluding food service operations associated with the proposed “hotel”), did not explicitly address organic wastes (e.g., food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste”). The presence of food wastes, including putrescible wastes,88 as may be associated with the proposed “fast-food restaurant” and accompanying “outdoor dining area,” including any litter resulting therefrom, properly deposited in exterior receptacles but subsequently scattered therefrom or improperly disposed of and remaining on the ground, may be evident even when the proposed “fast-food restaurant” is closed and the proposed “outdoor dining area” is not in active use. 88/ “Putrescible wastes” include “wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals” (CalRecycle, Short-Lived Climate Pollutants (S LCP): Organic Waste Reduction, Final Regulation Text, November 2020). 7.1.d Packet Pg. 219 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 114 Addendum With regards to the disposal of organic wastes, the following State statutes and regulations are potentially relevant thereto and may dictate certain operational aspects of the 2021 Proposed Revised BCBP: ◊ Assembly Bill 1826. As signed into law by Governor Brown in 2014, under Assembly Bill (AB) 1836 (Mandatory Commercial Organics), by December 31, 2020, all commercial entities that producing more than 2 cubic yards (CY) of solid waste a week are mandated to subscribe to an organic material hauling service or divert organic materials from the landfill through some other means. “Solid waste” means the entire generated waste stream, including garbage, recyclables, and organic material. On January 1, 2022, the requirements of AB 1836 will be eclipsed by those of Senate Bill (SB) 1383. As defined therein: “’Organic waste’ means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste.” As further defined therein: “’Self-hauler’ means a business that hauls its own waste rather than contracting for that service and ‘self- haul’ means to act as a self-hauler” (Section 42649.8, PRC). Pursuant to AB 1826, qualifying businesses are required to participate in a mandatory “commercial organics recycling program” that diverts organic waste from landfill disposal. Businesses can meet AB 1826 requirement to recycle organic waste by implementing one or more of the following options: o Recycling organic waste on the site or by self-haul organic waste for organic recycling; o Selling or donating the generated organic waste; and/or o Source separate organic waste from other wastes and subscribing to an organic waste collection and recycling service through the local commercial waste management provider. ◊ Senate Bill 1383. Organic materials comprise approximately 68 percent of California’s disposed waste stream (based on the 2014 waste characterization study).89 The decomposition of organic wastes contributes to methane gas emissions. Adopted in 2016, beginning in 2022, SB 1383 set three goals relating to methane reduction at operating landfills: (1) a 50-percent reduction in the level of Statewide disposal of organic waste from the 2014 level by 2020; (2) a 75- percent reduction in the level of Statewide disposal of organic waste from the 2014 level by 2025; and (3) a 20 percent increase in recovery of “edible food” (food that could be consumed without harm by humans) for human consumption that would otherwise be disposed. This is a Statewide goal that California must collectively achieve and not a goal for individual jurisdictions to achieve. Effective on January 1, 2022, SB 1383 require that all jurisdictions expand or create an organics collection program, inclusive of all hauler agreement negotiations, collection rates, and infrastructure capacity. The regulations also requires jurisdictions to implement edible food recovery programs to help increase food recovery throughout the State. As an alternative to recycling, commercial edible food generators (including restaurants and other food product businesses) 89/ California Department of Resource Recycling and Recovery, SB 1383 Infrastructure and Market Analysis, April 2019. 7.1.d Packet Pg. 220 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 115 shall sell or donate the maximum amount of their edible food that would otherwise be disposed. Under AB 1826, in order to divert organic waste generated by businesses, local jurisdictions were required to implement an “organic waste recycling program” on and after January 1, 2016. ◊ Assembly Bill 827. As signed into law by Governor Newsom in 2019, Assembly Bill (AB) 827 (Commercial Organics and Recycling Bins) requires that commercial food establishments provide bins to customers for collecting organics and recycling alongside trash. Bins must be available to customers on or by July 1, 2020. “Full-service restaurants” are exempt as long as they provide organics and recycling bins in the BOH for their employees. “Full-service restaurants” are defined as those where: (1) customers are escorted or assigned to an assigned eating area; (2) customers' food and beverage orders are taken after being seated; (3) the food and beverage orders, as well as any other requested items, are delivered directly to the customers; and (4) the check is delivered directly to the customer at the assigned eating area. The City has executed exclusive franchise agreements with Waste Management (WM) and Valley Vista Services (VVS). VVS is the City’s contracted waste hauler for multifamily (five or more units) and commercial operations. VVS is required to comply to all State and local regulations regarding the collection, recycling, diversion, and disposal of “commercial solid wastes.” As defined in Section 17225.12, Title 14, of the CCR: “commercial solid wastes” include “all types of solid wastes generated by stores, offices and other commercial sources, excluding residences, and excluding industrial wastes.” Unless otherwise authorized or directed, VVS is assumed to be responsible for the collection of those organic wastes, green wastes, food wastes, and food-soiled paper wastes generated by those restaurant-related uses operating from the “retail/restaurant” (“QSR-1”) building (“Parcel 2”). With regards to the 2021 Proposed Revised BCBP, the commercial trash receptacles most closely associated with the proposed “retail/restaurant” uses are located directly adjacent to the property’s northern property line, separated from proximal residences (21052-21058 Lycoming Street) only by the existing 50-foot-wide County flood control channel. Specific to the 2021 Proposed Revised BCBP, based on the proposed disposal of organic wastes, green wastes, food wastes, and food-soiled paper in close proximity to existing residential receptors, including the potential for such actions to generate odors and attract vectors. If distinct from general wastes, the architectural plans accompanying the 2021 Development Application (G/A/A Architects, September 8, 2021) neither reference nor illustrate the placement of any proposed “organic recycling bins/containers.” Most commercial business utilize “roll-off” bins (dumpsters) as their collection points for solid wastes generated on those sites. Commercially available dumpsters come in different sizes (e.g., 2-8 CY). The larger the dumpster, the greater capacity thereof. As illustrated in Figure A-5 (Proposed Trash Enclosures [September 8, 2021]), each of the proposed three buildings include separate trash enclosures. 7.1.d Packet Pg. 221 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 116 Addendum  Additional References: ♦ Austin Resource Recovery, Quick Service Restaurant Waste Composition Study, September 20, 2012 (https://www.cawrecycles.org/fast-food-and-waste). ♦ Californians Against Wastes, Fast Food Waste Threatens our Marine Environment, Drags Down Diversion Rates (https://www.cawrecycles.org/fast-food-and-waste). ♦ California Department of Resources Recycling and Recovery, 2014 Disposal-Facility- Based Characterization of Solid Waste in California, October 6, 2015. ♦ County of Los Angeles, Our County, Los Angeles County Sustainability Plan, August 2019 (https://ourcountyla.lacounty.gov). Figure A-5 (1) PROPOSED TRASH ENCLOURES “MEDICAL OFFICE” (“O-1”) BUILDING (“PARCEL 1”) (September 8, 2021) Source: G/A/A Architects Figure A-5 (2) PROPOSED TRASH ENCLOURES “RETAIL/RESTAURANT” (“QSR-1”) BUILDING (“PARCEL 2”) (September 8, 2021) Source: G/A/A Architects Figure A-5 (3) PROPOSED TRASH ENCLOURES “HOTEL” (“H-1”) BUILDING (“PARCEL 3”) (September 8, 2021) Source: G/A/A Architects 7.1.d Packet Pg. 222 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 117 ♦ Los Angeles County Department of Public Works, Los Angeles County Countywide Organic Waste Management Plan, March 2018. ♦ Samuels, Alana, “Garbage Freaking Everywhere” as Americans Venture Outdoors after a Year in Lockdowns, Time, March 26, 2021 (https://time.com/5949983/trash-pandemic/). ♦ Roper, Stuart and Parker, Cathy, Doing Well by Doing Good: A Quantitative Investigation of the Litter Effect, Journal of Business Research, Vol. 66, No. 11, November 2013, pp. 2262-2268 (https:// www.sciencedirect.com/science/article/pii/S0148296312000501). 3.20 Wildfires If located or near State Responsibility Areas or lands classified as Very High Fire Hazard Severity Zones, would the project: Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact (a) Substantially impair an adopted emergency response plan or emergency evacuation plan? (b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of wildfire? (c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risks or that may result in temporary or ongoing impacts to the environment? (d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?  Preliminary Determination: No Impact  Findings of Fact: Relative to wildfires, no project-level mitigation measures were identified in the 2019 Approved BCBP/MND or adopted by the Council (Resolution No. 2019-40, November 19, 2019). None of the program-level mitigation measures included in the 2040 General Plan/CAP/FPEIR/MND and adopted by the Council (Resolution No. 2019-43, December 17, 2019), appear directly relevant to the 2021 Proposed Revised BCBP. On November 5, 2020 (Ordinance No. 02[2020]),90 the Council amended the DBMC and adopted Title 32 (Fire Code) of the “Los Angeles County Code” which constitutes an 90/ Ordinance No. 02(2020) – An Ordinance of the City Council of the City of Diamond Bar Amending Title 15 of the Diamond Bar City Code and Adopting, by Reference, Title 32, Fire Code, of the Los Angeles County Code, as Amended which Constitutes an Amended Version of the California Fire Code, 2019 Edition. 7.1.d Packet Pg. 223 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 118 Addendum amended version of the “California Fire Code, 2019 Edition” (2019 CFC). As indicated in Title 16 (Fire Safety), Chapter 16 (Fire Code), Section 16.00.010 (Adopted), therein: Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on April 10, 2020, which constitutes an amended version of the California Fire Code, 2019 Edition (Part 9 of Title 24 of the California Code of Regulations), Chapters 1 through 80, Appendix O, P, Q, and R, and excluding all other appendices of the 2019 Edition of the California Fire Code with errata, and adopting and incorporating herein by reference into Title 32 of the Los Angeles County Code, the 2018 Edition of the International Fire Code, Chapters 1 through 7, Chapters 9 and 10, Chapter 12, Chapters 20 through 37, Chapters 50 and 51, Chapters 53 and through 56, Chapters 59 through 67, Chapter 80, Appendix O, P, Q, and Appendix R is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Diamond Bar. As defined in Chapter 2 (Definitions) of the 2019 CFC (Title 24, Part 9, CCR), a “wildfire risk area” is defined as “[l]and that is covered with grass, grain, brush or forest, whether privately or publicly owned, which is so situated or is of such inaccessible location that a fire originating upon it would present an abnormally difficult job of suppression or would result in great or unusual damage through fire or such areas designated by the fire code official.” The 2019 CFC imposes specific requirements and limitation within those areas. Based on consistent Statewide criteria addressing the severity of fire hazards expected to prevail, the California Department of Forestry and Fire Protection (CalFire) has identified “Fire Hazard Severity Zones” (FHSZs) throughout the State. FHSZs are geographic areas designed pursuant to Sections 4201-4204 of the PRC in State Responsibility Areas (SRAs) or, pursuant to Sections 51175-51189 of the CGC, in Local Responsibility Areas (LRAs), as local agency “Very High Fire Hazard Severity Zones” (VHFHSZs). SRAs are areas where the State is financially responsible for the prevention and suppression of wildland fires. SRAs do not include lands within incorporated city boundaries or federally owned lands. LRAs include incorporated cities, cultivated agriculture lands, and portions of the desert. In LRAs fire protection is typically provided by municipal fire departments, fire protection districts, counties, and by CalFire under contract to local government. Presented in Figure A-6 (Very High Fire Hazard Severity Zones – City of Diamond Bar [September 2011]) are CalFire’s recommended VHFHSZ areas located in the City’s LRA. As noted, the project site is designated a “non-VHFRSZ.” As a result, with regards to the 2021 Proposed Revised BCBP, no wildfire impacts have been identified.  Additional References: ♦ Office of the State Fire Marshall, Fire Hazard Severity Zone Maps (https://osfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildland-hazards- building-codes/fire-hazard-severity-zones-maps/). 7.1.d Packet Pg. 224 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 119 Figure A-6 VERY HIGH FIRE HAZARD SEVERITY ZONES CITY OF DIAMOND BAR (September 2011) Source: California Department of Forestry and Fire Protection 3.21 Mandatory Findings of Significance Potentially Significant Impact Less than Significant Impact with Mitigation Incorporated Less than Significant Impact No Impact Does the project: (a) Have the potential to substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? (b) Have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (c) Have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Project Site 7.1.d Packet Pg. 225 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 120 Addendum  Preliminary Determination: Less-than-Significant Impact  Findings of Fact: Based on information now known to the Department, no additional environmental impacts, beyond those disclosed herein have been identified by the Lead Agency, which have the potential to affect this CEQA-based analysis. Based on the information and analysis provided herein, there exists no evidence suggesting that the 2021 Proposed Revised BCBP would substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. As indicated in the National Park Service’s (NPS) “National Register of Historic Places Program”91 and California State Parks - Office of Historic Preservation’s (OHP) “California Historic Resources, Orange County,”92 the project site has not been listed or been determined eligible for listing in a State or federal register of historic resources. No potentially significant cumulative impacts have been identified. Additionally, all potential impacts to human beings do not elevate to a level of significance under CEQA.  Additional References: None Pursuant to Section 15164(b) of the State CEQA Guidelines: “An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.”93 An “addendum need not be circulated for public review” but can be included in or attached to an adopted negative declaration (Section 15164[c], State CEQA Guidelines). It is the Department’s preliminary conclusion that the proposed project, as revised, does not trigger the need to commence the preparation of a subsequent or supplemental EIR or to prepare a subsequent MND and that only minor technical changes and additions to the 2019 Approved BCBP/MND are necessary (Section 21166, CEQA; Section 15162, State CEQA Guidelines). As evidenced by these preliminary findings, the Department presents this 2021 Proposed Revised BCBP/Addendum for consideration by the Lead Agency’s decision-making bodies. In support of the utilization of “addendum” as the appropriate instrument for the demonstration of CEQA compliance, the City’s decision-making body shall make the following findings: 91/ National Park Service, National Register of Historic Places Program (http://www.nps.gov/nr/research/). 92/ California State Parks, Office of Historic Preservation, California Historic Resources, Orange County (http://ohp.parks.ca.gov/ListedResources/?view=county&criteria=30). 93/ In Friends of the College of San Mateo Gardens v. San Mateo Community College District (2016), the California Supreme Court reaffirmed that addenda can appropriately be used to consider modifications to a previously approved negative declaration. 4.0 CONCLUSION 5.0 PRELIMINARY CEQA FINDINGS 7.1.d Packet Pg. 226 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 121  The 2021 Proposed Revised BCBP constitutes a “project” under CEQA (Section 15378, State CEQA Guidelines);  The approval or conditional approval of the 2021 Proposed Revised BCBP predicates the need for one or more new, revised, amended, updated, expanded, modified, and/or alternative discretionary actions (Section 21080, CEQA);  With regards to the 2021 Proposed Revised BCBP, none of the “substantial changes” and/or “new information” outlined in Section 15162(a) and (b) of the State CEQA Guidelines have been identified (Section 15162, State CEQA Guidelines);  Only minor technical changes or additions to the 2019 Approved BCBP/MND are necessary and none of the conditions described in Section 15162 of the State CEQA Guidelines calling for the preparation of a subsequent EIR or negative declaration have occurred (Section 15164[b], State CEQA Guidelines);  Prior to making a decision on the 2021 Proposed Revised BCBP, the City’s decision-making body has considered this “addendum,” in combination with the 2019 Approved BCBP (Section 15164[d], State CEQA Guidelines). 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Fast-Food Chains Don’t Think it’s a Fad, March 12, 2021, CNBC News (https:/www.cnbc.com/2021/03/12/drive-thru-ordering-surged-during-the-pandemic-heres- what-comes-next.html/).  Mair, Julie S., Pierce, Matthew W., and Tenet, Stephen P., The Use of Zoning to Restrict Fast Food Outlets: A Potential Strategy to Combat Obesity, The Center for Law and the Public’s Health, Johns Hopkins and Georgetown Universities, October 2005 (https://perma.cc/T6UC-9LPE).  Maze, Jonathan, The Year of the Drive Thru, The Restaurant Business, March 12, 2021 (https://www.restaurantbusinessonline.com/operations/year-drive-thru).  McDonnell, Steve, What Percentage of Sales are from Drive Through Windows at Fast Food Restaurants?, Houston Chronicle (https://smallbusiness.chron.com/percentage-sales-drive-through-windows-fast-food- restaurants-75713.html).  Megahed, Naglaa A. and Ghoneim, Edhab M., Antivirus-Built Environment: Lessons Learned from COVID-19 Pandemic, Sustainable Cities and Society, October 2020 (http://www.ncbi.nlm.nih.gov/pmc/articles/PMC7313520/).  McMorrow, Meredith, Improving Communications Around Vaccine Breakthrough and Vaccine Effectiveness, July 29, 2021 (https://www.cdc.gov/coronavirus).  Megahed, Naglaa A. and Ghoneim, Ehab M., Antivirus-Built Environment: Lessons Learned from Covid-19 Pandemic, Sustainable Cities and Society, Vol. 61, 2020 (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7313520/).  Nahiduzzam, Kh M., and Lai, Shih-Kung., What Does the Global Pandemic COVID-19 Teach Us? Some Reflections, Journal of Urban Management, Vol. 9, No. 3, September 2020, pp. 261-262 (https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7413118/).  National Retail Association, Retail Design in a Post-Pandemic World – Tactics to Keep Employees and Shoppers Safe and Comfortable, September 2021 (https://nrf.com/blog/retail-design-post-pandemic-world).  NPD Group, U.S. Restaurant Industry Continues Gradual Recovery in August while Dine-In Visits Remail Well Below Pre-Pandemic Levels, September 21, 2021 (https://www.npd.com/news/press-releases/2021/u-s-restaurant-industry-continues- gradual-recovery-in-august-while-dine-in-visits-remain-well-below-pre-pandemic-levels/).  Physicians for Social Responsibility, Los Angeles, COVID-19 Hazards among California Fast-Food Workers, April 19, 2021 (https://www.psr-la.org/new-study-rapid-covid-19- spread-in-ca-linked-to-unsafe-working-conditions-at-fast-food-restaurants/).  Pinheiro, Manual E., and Luis, Nuno C., COVID-19 Could Leverage a Sustainable Built Environment, Sustainability Journal, Sustainable Build Environment and Future Proof Innovations, Vol. 12, No. 14, July 21, 2020 (https://www.mdpi.com/2071-1050/12/14/5863). 7.1.d Packet Pg. 233 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 128 Addendum  Pirnia, Garin, What the Future of Restaurants will Look Like Post-Pandemic, April 15, 2021 (https://huffpost.com/entry/future-of-restaurants-post- pandemic_l_6064953bc5b6a38505e19b74).  Poore, Joseph and Nemecek, Thomas, Reducing Food’s Environmental Impacts through Producers and Consumers, Science, Vol. 360, No. 6392, June 2018, pp. 987-992 (https://www.science.org/doi/10.1126/science.aaq0216).  Porteous, J. D., Smellscape, Progress in Physical Geography: Earth and Environment, Vol. 9, No. 3, 1985, pp. 356-378.  Reiley, Laura, Restaurant Rebound may have been “Artificial” – Operators Say a Lack of Workers is Harming Sales, The Washington Post, October 8, 2021.  Robinson, Micah, How Drive-Thru Restaurants can Thrive in the Age of Social Distancing, QSR, July 2020 (https://www.qsrmagazine.com/outside-insights/how-drive-thru-restaurants-can-thrive-age- social-distancing).  Romeo, Peter, Curbside Service Shifts into the Fast Lane, Restaurant Business, September 22, 2020 (https://www.restaurantbusinessonline.com/technology/curbside- service-shifts-fast-lane).  Roper, Stuart and Parker, Cathy, Doing Well by Doing Good: A Quantitative Investigation of the Litter Effect, Journal of Business Research, Vol. 66, No. 11, November 2013, pp. 2262-2268 (https://www.sciencedirect.com/science/article/pii/S0148296312000501).  Sample, Hilary, Emergency Urbanism and Preventive Architecture, in Borasi, G. and Zardini, M. (ed.), Imperfect Health: The Medicalization of Architecture, 2012, Canadian Centre for Architecture, pp. 231-250.  Samuels, Alana, “Garbage Freaking Everywhere” as Americans Venture Outdoors after a Year in Lockdowns, Time, March 26, 2021 (https://time.com/5949983/trash-pandemic/).  Sieloff, Sarah, Creating Models for a More Sustainable Future for Retail, Urban Land Institute, March 3, 2021 (https://urbanland.uli.org/economy-markets-trends/creating- models-for-a-more-sustainable-future-for-retail/).  Slawsky, Richard, White Paper: Effective Restaurant Design for Today & Beyond – Site Layout is Key for Quick Service Restaurants in the Ongoing and Post COVID 19 Pandemic, Solutions for Land and Life, 2021, p. 3 (https://www.fastcasual.com/resources/qsrs-adapt-to-the-current-and-post-pandemic- aware-world/).  State of California, Governor’s Office of Planning and Research, State of California General Plan Guidelines, 2017.  Qian, H., Miao, T., Liu, L., Zheng, X. Luo, D., and Li, Y., Indoor Transmission of SARS- CoV-2, Indoor Air, Vol. 31, No. 3, pp. 639-634, May 2021 (https://onlinelibrary.wiley.com/doi/epdf/10.1111/ina.12766). 7.1.d Packet Pg. 234 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 Mitigated Negative Declaration April 2022 Addendum Page 129  Rudder, John, Drive-Thru Times at Fast-Food Restaurants are Longer During COVID-19, ABC News, October 7, 2020 (https://www.news5cleveland.com/lifestyle/food/drive-thru- times-at-fast-food-restaurants-are-longer-during-covid-19).  Schoen, Lawrence J., Guidance for Building Operations during the COVID-19 Pandemic ASHRAE Journal, May 2020, pp. 72-74.  Smith, Mary, Shared Parking: How Future Mobility Technology Drive Parking Demand, Third Edition, Urban Land Institute, International Council on Shopping Centers, and National Parking Association, April 20, 2020.  State of California, Governor’s Office of Planning and Research, Proposed Updates to the CEQA Guidelines, Final, November 2017.  State of California, Governor’s Office of Planning and Research, Technical Advisory on Evaluating Transportation Impacts in CEQA, November 27, 2017.  State of California, Governor’s Office of Planning and Research, Technical Advisory on Evaluating Transportation Impacts in CEQA, December 2019.  State of California Governor’s Office of Planning and Research, Update to the General Plan Guidelines: Complete Streets and the Circulation Element, December 15, 2010.  State of California, Governor’s Office of Planning and Research, Updated Transportation Impacts Analysis in the CEQA Guidelines, Preliminary Discussion Draft of Updates to the CEQA Guidelines Implementing Senate Bill 743 (Steinberg, 2013), August 6, 2014. ♦ Taylor, Charles, R., Analysis of Proposed Freeway-Oriented On-Premise Signage at the Outlets at San Clemente, September 7, 2016.  Transportation Resource Board, National Cooperative Highway Research Program, NCHRP Report 684: Enhancing Internal Trip Capture Estimation for Mixed-Use Development, National Academy of Science, 2011.  Tucker, Rebecca, How COVID-19 Saved the Drive-Thru, The Counter, February 9, 2021 (https://thecounter.org/covid-19-saved-fast-food-drive-thru-mcdonalds-starbucks-taco-bell/).  United States Department of Labor, Occupational Health and Safety Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, January 29, 2021 (https://www.osha.gov/coronavirus/safework).  United States Environmental Protection Agency, Emission Facts: Idling Vehicle Emissions, EPA420-F-98-014, 1998.  United States Food and Drug Administration, FDA Report on the Occurrence of Foodborne Illness Risk Factors in Fast Food and Full-Service Restaurants, 2013-2014, FDA National Retail Food Team, November 2018.  University of Minnesota, College of Science and Engineering, ME Faculty Study How COVID-19 Spreads Indoors (https://cse.umn.edu/me/news/me-faculty-study-how-covid-19- spreads-indoors). 7.1.d Packet Pg. 235 Brea Canyon Business Park Project 850 S. Brea Canyon Road, Diamond Bar, California 91789 April 2022 Mitigated Negative Declaration Page 130 Addendum  Urban Land Institute, Shared Parking, Second Edition, 2005.  Van Buren, Davina, Technology Turn-Up – A Robust Tech Stack is a Must in Today’s Quick-Serve Environment, Drive-Thru Dynamics: Operators are Leaning on Drive Thrus to Get Through the Pandemic, Smart Chain, April 2021, pp. 42-48.  Van Buren, Davina, Designing Tomorrows Drive Thru – It’s Not Just About Cars Anymore, Drive-Thru Dynamics: Operators are Leaning on Drive Thrus to Get Through the Pandemic, Smart Chain, April 2021, pp. 50-52.  Valinsky, Jordan, Covid-19 Upended the Design of Fast-Food Restaurants, CNN Business, December 19, 2020.  Whynot, J., Quinn, G, Perryman, P, and Votlucka, P, Control of Fine Particulate (PM2.5) Emissions from Restaurant Operations, Journal of the Air & Waste Management Association, Vol. 49, No. 9, 1999, p. 95-99 (https://www.tandfonline.com/doi/pdf/10.1080/10473289.1999.10463886).  Winter, Dayna, 5 Pandemic Buying Habits that are Here to Stay According to Shopify Research, Spotify Blog, September 10, 2020 (https://www.shopify.com/blog/consumer- trends).  World Health Organization, Coronavirus Disease (COVID-19): Food Businesses, May 15, 2020 (https://www.who.int/news-room/q-a-detail/coronavirus-disease-covid-19-food- businesses).  World Health Organization, Coronavirus Disease (COVID-19): Staying at Hotels and Accommodation Establishments, August 26, 2020 (https://www.who.int/news-room/q-a- detail/coronavirus-disease-covid-19-staying-at-hotels-and-accommodation- establishments).  World Health Organization, Interim Guidance: Considerations for Implementing and Adjusting Public Health and Social Measures in the Context of Covid-19, June 14, 2021.  World Health Organization, Noval Coronavirus (2019-nCoV), Situation Report 22, February 2020 (https://www.who.int/docs/default-source/coronaviruse/situation-reports/20200211- sitrep-22-ncov.pdf).  World Health Organization, Transmission of SARS-CoV-2: Implications for Infection Prevention Precautions, Scientific Brief, July 9, 2020 (https://www.who.int/publications/i/item/modes-of-transmission-of-virus-causing-covid-19- implications-for-ipc-precaution-recommendations).  Wu H.W. and Sturm R., What’s on the Menu? A Review of the Energy and Nutritional Content of U.S. Chain Restaurant Menus, Public Health Nutrition, January 2013, Vol. 16, No. 1, pp. 87-96.  Yuko, Elizabeth, How the Tuberculosis Epidemic Influenced Modernist Architecture - Light, Air, and Hygiene were not just Aesthetic Preoccupations of the Early Modernists: They Were the Best Treatment for Tuberculosis at the Time, October 30, 2018 (https://www.bloomberg.com/news/articles/2018-10-30/what-architecture-learned-from-tb- hospitals). 7.1.d Packet Pg. 236 This page left intentionally blank. 7.1.d Packet Pg. 237 Environmental Impact Sciences 2266005511 VViiaa CCoonncchhaa MMiissssiioonn VViieejjoo,, CCaalliiffoorrnniiaa 9922669911--55661144 (949) 837-1195 7.1.d Packet Pg. 238 January 10, 2022 Preston Chan Executive Development LLC 17777 Center Court Dr. #725 Cerritos, CA 90703 626.215.8843 pchan@exdev.com LLG Reference No. 2.17.3843.1 Subject: Revised Parking Demand Analysis Addendum for Brea Canyon Business Center Diamond Bar, California Dear Mr. Chan: As requested, Linscott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Revised Parking Demand Analysis Addendum associated with the Brea Canyon Business Center (herein referred to as Project). The addendum report has been prepared to assess the parking implications associated with the revised Project description, as of April 2021. This addendum report uses the previously approved Revised Parking Demand Analysis for Brea Canyon Business Park prepared by LLG Engineers, dated January 25, 2019, as a database and reference. The Project site is a 5.73-acre triangular shaped parcel of land located along the eastside of Brea Canyon Road north of the SR-60 freeway in the City of Diamond Bar, California. The Project site is currently developed and is utilized as a RV and boat storage facility. Access to the subject property is provided via an existing driveway on Brea Canyon Road, located approximately 125-feet north of the SR-60 WB Ramps. Brea Canyon Business Center is a mixed-use center with a total floor area of 118,387 square-feet (SF) within three (3) buildings. The approved 1 mix of uses includes a 109-room, 61,743 SF, four-story limited services business hotel (H1) to be occupied by Hilton Hampton Inn & Suites, a three-story, 47,828 SF office/medical office building (O1) with 31,998 SF of office use and 15,830 SF of medical office use, and an 8,900 SF medical office building (O2). 1 Source: Revised Parking Demand Analysis for Brea Canyon Business Park prepared by LLG Engineers, dated January 25, 2019. 7.1.e Packet Pg. 239 Preston Chan January 10, 2026 Page 2 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc The proposed Project description has been updated and now includes a 124-room, 64,245 SF, four-story limited services business hotel (H1) to be occupied by Hilton Hampton Inn & Suites, a three-story, 47,642 SF medical office building (O1), and a 6,500 SF quick-service retail building (QSR-1) with 4,000 SF of restaurant use and 2,500 SF of fast-food restaurant with drive-thru use. In addition, a patio area of 260 SF is proposed to support the food uses. Pursuant to the City of Diamond Bar requirements, a parking study addendum is required to evaluate the parking requirements of the Project Options and to ensure that adequate parking is provided for the proposed mix of uses. The parking analysis evaluates the Project’s parking requirements based on the City of Diamond Bar Municipal Code as well as the methodology outlined in the Urban Land Institute’s (ULI) Shared Parking, 2nd Edition, consistent with Section 22.30.050 – Reduction of off-street parking requirements for shared use of the City’s Municipal Code. The addendum study focuses on the following:  Calculates the Code-based parking requirements for Project based on the application of City Code parking ratios.  Estimates parking demand through the application of the Shared Parking concept. Our method of analysis, findings, and recommendations are detailed in the following sections of this report. Briefly, we find the following:  The proposed parking supply on the site totals 289 spaces.  A “code” calculation for the proposed center requires 396, resulting in a theoretical code-calculated parking shortfall of 107 spaces.  A shared parking analysis for the proposed center using city code ratios along with ULI parking profiles, and empirical data derived for the Hotel component of the Project, yields a maximum peak weekday parking demand of 289 spaces that when compared to the 289 provided spaces results in a balanced condition; the weekend peak parking demand totals 278 spaces, which results in a surplus of 11 spaces (See Tables 3 and 4). PROJECT LOCATION AND DESCRIPTION Brea Canyon Business Center is a 5.73-acre triangular shaped parcel of land located along the eastside of Brea Canyon Road north of the SR-60 freeway in the City of Diamond Bar, California. Access to the subject property is provided via an existing 7.1.e Packet Pg. 240 Preston Chan January 10, 2026 Page 3 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc driveway on Brea Canyon Road, located approximately 125-feet north of the SR-60 WB Ramps. Figure 1, located at the rear of this letter report, presents a Vicinity Map, which illustrates the general location of the Project site in the context of the surrounding street system. Brea Canyon Business Center is a mixed-use center with a total floor area of 118,387 square-feet (SF) within three (3) buildings. The approved 2 mix of uses includes a 109-room, 61,743 SF, four-story limited services business hotel (H1) to be occupied by Hilton Hampton Inn & Suites, a three-story, 47,828 SF office/medical office building (O1) with 31,998 SF of office use and 15,830 SF of medical office use, and a 8,900 SF medical office building (O2). The revised Project now includes a 124-room, 64,245 SF, four-story limited services business hotel (H1) to be occupied by Hilton Hampton Inn & Suites, a three-story, 47,642 SF medical office building (O1), and a 6,500 SF quick-service retail building (QSR-1) with 4,000 SF of restaurant use and 2,500 SF of fast-food restaurant with drive-thru use. In addition, a patio area of 260 SF is proposed to support the food uses. The proposed Hilton Hampton Inn & Suites hotel will provide limited services as no restaurant and limited to no meeting/conference space is available for use in this hotel, thus reducing the occupancy of the guests during the day. It is an extended stay product with built in kitchenettes with very low turnover rate. The staff will be minimal for an extended stay product as the rooms will not have to be cleaned as frequently. The following summarizes the square footages for the Approved Project and the updated Proposed Project: Approved Project2 • 61,743 SF Hotel (109 rooms) • 31,998 SF Office • 24,730 SF Medical Office Proposed Project • 64,245 SF Hotel (124 rooms) • 47,642 SF Medical Office 2 Source: Revised Parking Demand Analysis for Brea Canyon Business Park prepared by LLG Engineers, dated January 25, 2019. 7.1.e Packet Pg. 241 Preston Chan January 10, 2026 Page 4 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc • 4,000 SF Restaurant • 2,500 SF Fast-Food Restaurant with Drive-Thru • 260 SF patio area Table 1, located at the end of this letter report, following the figures, summarizes the proposed uses and associated floor areas for Brea Canyon Business Center for the proposed Project. Figure 2 presents the proposed conceptual site plan which highlights the proposed buildings and parking areas prepared by GAA Architects. Parking Supply The proposed on-site parking supply for the Project totals 289 spaces, consisting of 204 standards stalls, 53 compact spaces, 8 handicap accessible spaces, and 24 EV/CA/CP stalls. It should be noted that the 53 compact spaces which comprises 18% of the total supply (53 ÷ 289 x 100% ≈ 18%). The City’s Municipal Code allows for up to 20% compact. As such, the proposed compact spaces adequately satisfies the City requirement. As it relates to EV/CA/CP stalls the Project is proposing to construct 24 spaces which comprises 8% of the parking supply (24 ÷ 289 x 100% ≈ 8%). This requirement is consistent with the approved project which was based on the 2019 California Green Building Standards Code, developments with over 201 spaces have a minimum requirement of 8% EV/CA/CP. Review of the Project site plan indicates that the handicap accessible stalls as well as the EV/CA/CP stalls are distributed evenly throughout the site and are located near the front entrance of Buildings O1 and QSR-1 as well as Building H1. Relative to the proposed compact spaces, approximately 45 of these spaces are located in the site’s easterly parking lot, east of Building O1. In addition to the proposed 289 spaces, four (4) loading spaces will be provided of which one (1) loading space is proposed adjacent to Building QSR-1, two (2) loading spaces adjacent to Building O1 and one (1) loading space adjacent to Building H1. The number of loading spaces is consistent with the requirements documented in Section 22.30.100 Off Street Loading Space Requirement in the City’s Municipal Code. It should be noted that City code does not identify a loading space requirement for hotel uses. However, it our understanding the GAA Architects worked directly with the Planning Department Staff and Director to agree that one (1) loading space for the hotel would be appropriate. It should be noted that the proposed on-site parking supply of 289 spaces has been utilized to assess the parking requirements for the proposed Project. 7.1.e Packet Pg. 242 Preston Chan January 10, 2026 Page 5 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc PARKING SUPPLY-DEMAND ANALYSIS This parking analysis for the Project involves determining the expected parking needs, based on the size and type of proposed development components, versus the parking supply. Typically, there are two methods that can be used to estimate the site’s peak parking needs. These methods have been used in this analysis and include:  Application of City code requirements (which typically treats each tenancy type as a “stand alone” use at maximum demand).  Application of shared parking usage patterns by time-of-day (which recognizes that the parking demand for each tenancy type varies by time of day and day of week). The shared parking analysis starts with a code calculation for each tenancy type. The shared parking methodology is concluded to be applicable to a development such as Brea Canyon Business Center because the individual land use types (i.e., hotel, office, etc.) experience peak demands at different times of the day. CODE PARKING REQUIREMENTS The code parking calculation for proposed Project is based on the City’s requirements as outlined in Chapter 22.30 – Off-Street Parking and Loading Standards of the City of Diamond Bar Municipal Code. The City’s Municipal Code specifies the following parking requirements for the Project:  Hotels and Motels: 1 space/guest room, plus 1 space for each 2 employees on largest shift, plus required spaces for accessory uses.  Clinics, Medical/Dental Offices: 1 space per 250 SF of GFA.  Restaurants, fast food: 1 space for each 100 SF of GFA, plus 1 space for each 100 SF of outdoor dining area. Table 2 summarizes the parking requirements for the proposed Project using the above- referenced City code parking ratios. As shown, direct application of City code parking ratios to the Project results in a total parking requirement of 396 spaces. With a proposed on-site parking supply of 289 spaces, a theoretical parking deficiency of 107 spaces is forecast. However, as previously mentioned, there is an opportunity to share parking spaces based on the utilization profile of each land use component. Consistent with Section 22.30.050 – Reduction of off-street parking requirements for shared use of the 7.1.e Packet Pg. 243 Preston Chan January 10, 2026 Page 6 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc Municipal Code, the following section calculates the parking requirements for the proposed Project based on the shared parking methodology approach. SHARED PARKING ANALYSIS Shared Parking Methodology Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than the sum of the individual peak requirements for each land use. Due to the proposed mixed-use characteristics of the Project, opportunities to share parking can be expected. The objective of this shared parking analysis is to project the peak parking requirements for the project based on the combined demand patterns of different land uses at the site. Shared Parking calculations recognize that different uses often experience individual peak parking demands at different times of day, or days of the week, or even months of the year. When uses share a common parking footprint, the total number of spaces needed to support the collective whole is determined by adding parking profiles (by time of day, week, and year), rather than individual peak ratios as represented in Chapter 22.30 – Off-Street Parking and Loading Standards of the City of Diamond Bar Municipal Code. There is an important common element between the traditional "code" and the Shared Parking calculation methodologies; the peak parking ratios, or "highpoint" for each land use's parking profile, typically equals the "code" parking ratio for that use. The analytical procedures for Shared Parking Analyses are well documented in the Shared Parking, 2nd Edition publication by the Urban Land Institute (ULI). Shared parking calculations for the Project utilize hourly parking accumulations developed from field studies of single developments in free-standing settings, where travel by private auto is maximized. These characteristics permit the means for calculating peak parking needs when land use types are combined. Further, the shared parking approach will result, at other than peak parking demand times, in an excess amount of spaces that will service the overall needs of the project. Key inputs in the shared parking analysis for each land use include:  Peak parking demand by land use for visitors and employees.  Adjustments for alternative modes of transportation, if applicable.  Adjustment for internal capture (captive versus non-captive parking demand), if applicable. 7.1.e Packet Pg. 244 Preston Chan January 10, 2026 Page 7 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc  Hourly variations of parking demand.  Weekday versus weekend adjustment factors  Monthly adjustment factors to account for variations of parking demand over the year.  Applicable parking ratios per Section 22.30. – Chapter 22.30 – Off-Street Parking and Loading Standards in the City of Diamond Bar Municipal Code Please note that for this analysis, no monthly adjustment factors to account for variations of parking demand over the year and no internal capture adjustments were applied to provide a conservative parking demand forecast. Shared Parking Ratios and Profiles The hourly parking demand profiles (expressed in percent of peak demand) utilized in this analysis and applied to the Project are based on profiles developed by the Urban Land Institute (ULI) and published in Shared Parking, 2nd Edition. The hotel profiles that were developed and utilized in the ULI are more consistent for hotels with a variation of amenities inclusive of restaurants, meeting/banquet rooms, and conference space. Appendix A provides further detail of the Hotel uses analyzed within the ULI. Due to the proposed Hilton Hampton Inn & Suites Hotel providing limited services with no restaurant use and no meeting/conference space, it is more appropriate to utilize empirical parking ratios and parking profiles from a similar type hotel-use. The parking ratio and hourly parking profiles utilized for the proposed hotel component of the Project was derived using empirical data from actual observed parking demand counts at an existing Hilton Hampton Inn Hotel conducted by National Data and Surveying Services (NDS) on Thursday, November 8, 2018 and Saturday, November 10, 2018. These parking demand counts were collected at a Hilton Hampton Inn located in the City of Chino Hills, north of Chino Avenue and west of the SR-71 in the Crossroads Shopping Center, between 8:00 AM and 10:00 PM. During these count days, the occupancy of the Hampton Inn was 84% during the Thursday count and 90% during the Saturday count. Based on an observed peak parking demand of 56 spaces (which occurred at 9:00 PM on Thursday), an empirical peak parking demand rate of 0.64 spaces per occupied room was calculated. In order to reflect peak-June hotel characteristics, per ULI Shared Parking, a seasonal adjustment factor was applied which translates to a “design” ratio of 0.79 spaces per occupied room. Appendix B contains the empirical parking demand data for the Chino Hills Hilton Hampton Inn Hotel. This empirical data provides justification that the peak demand experienced at business hotels are much less when compared to the application of City Code requirement to the ULI 7.1.e Packet Pg. 245 Preston Chan January 10, 2026 Page 8 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc hotel parking profiles. Therefore, the empirical parking ratios and profiles derived from the Chino Hills Hilton Hampton Inn Hotel were utilized for the hotel component of the proposed Project. For medical office uses, the parking profile in the ULI publication was used and applied to the City’s Parking Code ratio of 1 space 250 SF of floor area to forecast weekday and weekend hourly demand. Peak demand for medical office uses occurs between 10:00 AM–12:00 PM and 2:00 PM–4:00 PM on weekdays, and 10:00 AM– 12:00 PM on weekends. The ULI Shared Parking publication includes several categories for restaurants. For this analysis, the parking profiles for family and fast-food restaurant-uses were utilized. Like the retail profiles, the restaurant profiles are derived exactly from the ULI baseline. The peak-parking ratio for restaurant uses exactly equals the City’s Parking Code requirement of 1 space per 100 SF of floor area. Peak demand for family restaurant uses occurs between 12:00 PM–1:00 PM on both weekdays and weekends. Peak demand for fast food restaurant uses occurs between 12:00 PM-2:00 PM on both weekdays and weekends. Application of Shared Parking Methodology Tables 3 and 4 present the weekday and weekend parking demand for the Brea Canyon Business Center Project based on the shared parking methodology. Columns (1) through (4) of these tables present the parking accumulation characteristics and parking demand of Brea Canyon Business Center for the hours of 6:00 AM to midnight. Column (5) presents the expected joint-use parking demand for the entire site on an hourly basis, while Column (6) summarizes the hourly parking surplus/deficiency for the proposed project compared to a parking supply of 289 spaces. Based on our experience, the shared parking approach summarized in Tables 3 and 4 are believed to be the most appropriate in evaluating the parking supply-demand relationships for Brea Canyon Business Center. The results in these tables are the focus of this parking investigation and recommendations. As noted earlier, for this parking analysis, no monthly adjustment factors to account for variations of parking demand over the year and no internal capture adjustments were applied to provide a conservative parking demand forecast. Shared Parking Analysis Results and Conclusions Review of Table 3 shows that the peak-parking requirement for Brea Canyon Business Center Project Option A during a weekday occurs between 2:00 PM – 3:00 7.1.e Packet Pg. 246 Preston Chan January 10, 2026 Page 9 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc PM and totals 289 spaces. On a weekend day, the peak parking requirements for the proposed Project occurs at 10:00 AM, when a parking demand of 278 spaces is forecast (see Table 4). Based on the proposed shared parking supply of 289 spaces, a surplus of 0 spaces and 11 spaces would result during the weekday and weekend peak hours, respectively. Figures 3 and 4 graphically illustrate the weekday and weekend hourly parking demand forecast for the proposed Project, respectively. Each land use component and its corresponding hourly Shared Parking demand for various mixes of uses, which were presented in Tables 3 and 4, are depicted in these two figures relative to a shared parking supply of 289 spaces. A review of these figures indicate that the mix-use center’s available parking supply of 289 spaces will adequately accommodate Brea Canyon Business Center’s weekday and weekend hourly shared parking demand. Appendix C contains the shared parking analysis calculation worksheets for this weekday and weekend day parking scenarios. Given these results of above, we conclude that there is adequate parking on site to accommodate the proposed tenant mix for Brea Canyon Business Center. It is expected that the implementation of recommendations outlined in the approved Parking Management Plan for the Brea Canyon Business Center, dated January 17, 2020, will ensure that adequate parking will be provided for customers and employees of the proposed medical office and retail/restaurant uses, as well as hotel guests and employees. The approved PMP outlines the proposed allocation of parking supply on site and key parking management strategies to maximize the availability of parking for customers and employees of the Center. SUMMARY OF FINDINGS AND CONCLUSIONS 1. Brea Canyon Business Center is a mixed-use business center composed of three (3) buildings located in Diamond Bar, California and has a proposed supply of 289 spaces. The proposed mix of uses consists of a 124-room, 64,245 SF, four- story limited services business hotel (H1) to be occupied by Hilton Hampton Inn & Suites, a three-story 47,642 SF medical office building (O1), and a 6,500 SF quick-service retail building (QSR-1) with 4,000 SF of restaurant use and 2,500 SF of fast-food restaurant with drive-thru use. In addition, a patio area of 260 SF is proposed to support the food uses. 7.1.e Packet Pg. 247 Preston Chan January 10, 2026 Page 10 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc 2. Direct application of City parking codes to the proposed uses at Brea Canyon Business Center results in a total parking requirement of 396 spaces. With a proposed on-site parking supply of 289 spaces, a theoretical code-calculated parking deficiency of 107 spaces is forecast. 3. Given the mix of center tenancies, a shared parking analysis has been prepared and indicates that the proposed parking supply at Brea Canyon Business Center will be sufficient to meet the projected peak parking demands for the center. The weekday would result in a balanced condition while the weekend would have a surplus of 11 spaces. * * * * * * * * * * We appreciate the opportunity to prepare this addendum analysis for Brea Canyon Business Center at Diamond Bar. Should you have any questions or need additional assistance, please do not hesitate to call us at (949) 825-6175. Very truly yours, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal cc: Shane S. Green, P.E., Senior Transportation Engineer Attachments 7.1.e Packet Pg. 248 7.1.ePacket Pg. 249 7.1.ePacket Pg. 250 7.1.ePacket Pg. 251 7.1.ePacket Pg. 252 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc TABLE 1 PROJECT DEVELOPMENT SUMMARY 3 BREA CANYON BUSINESS CENTER SHARED PARKING, DIAMOND BAR Building / Land Use Proposed Project Building Floor Area (SF-GFA)  H1: Hotel (124 rooms) 64,245 SF  O1: Medical Office 47,642 SF  QSR-1: Restaurant 4,000 SF  QSR-1: Fast-Food with Drive-Thru 2,500 SF 4 QSR-1 Subtotal: 6,500 SF Total Building Floor Area 118,387 SF Parking Provided Total Spaces Total Parking Supply 289 spaces Notes:  SF-GFA = square feet of gross floor area 3 Source: Executive Development, LLC. 4 A patio area of 260 SF is proposed in addition to the 2,500 SF. 7.1.e Packet Pg. 253 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc TABLE 2 CITY CODE PARKING REQUIREMENTS 5 BREA CANYON BUSINESS CENTER SHARED PARKING, DIAMOND BAR Project Description Square-feet of Gross Floor Area (SF – GFA) City of Diamond Bar Code Parking Ratio Spaces Required Project Option A  Hotel (124 rooms) 64,245 SF 1 space per guest room plus 1 space for each 2 employees on largest shift 137 6  Medical Office 47,642 SF 1 spaces per 250 SF of GFA 191  Restaurant 4,000 SF 1 space per 100 SF of GFA, plus 1 space for each 100 SF of outdoor dining area 40  Fast-Food w/ Drive-Thru with Patio 2,760 SF 1 space per 100 SF of GFA, plus 1 space for each 100 SF of outdoor dining area 28 Total Floor Area Plus Patio: 118,647 SF Total Code Parking Requirement: 396 Proposed Parking Supply: 289 Parking Surplus/Deficiency (+/-): -107 5 Source: City of Diamond Bar Municipal Code, Chapter 22.30 – Off-Street Parking and Loading Standards. 6 Based on ULI the peak number of employees is 25 for a business hotel. Which translates to a parking requirement of 13 employee spaces and 124 visitor spaces for a total parking requirement of 137 spaces, per City Code. 7.1.e Packet Pg. 254 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc TABLE 3 WEEKDAY SHARED PARKING DEMAND ANALYSIS 7 Brea Canyon Business Center Shared Parking, Diamond Bar Land Use Hilton Hampton Inn and Suites Hotel Medical/Dental Office Family Restaurant Fast Food Restaurant Size 124 Rms 47.642 KSF 4.000 KSF 2.760 KSF Total Pkg Rate[1]0.79 /Occupied Room 4 /KSF 10 /KSF 10 /KSF Spaces = Comparison w/ Gross 98 Spc. [2]191 Spc.40 Spc.28 Spc.357 Parking Supply Spaces Shared 289 Spaces Number of Number of Number of Number of Parking Surplus Time of Day Spaces Spaces Spaces Spaces Demand (Deficiency) 8:00 AM 36 154 18 3 211 78 9:00 AM 43 179 22 4 248 41 10:00 AM 27 191 24 7 249 40 11:00 AM 36 191 25 10 262 27 12:00 PM 43 103 28 17 191 98 1:00 PM 45 179 25 25 274 15 2:00 PM 54 191 16 28 289 0 3:00 PM 56 191 14 28 289 0 4:00 PM 58 179 14 26 277 12 5:00 PM 63 166 22 18 269 20 6:00 PM 72 129 23 17 241 48 7:00 PM 92 59 23 18 192 97 8:00 PM 85 30 23 25 163 126 9:00 PM 98 0 17 24 139 150 10:00 PM 87 0 16 15 118 171 Notes: [1] Parking rates for all land uses based on City Code. [2] Parking ratio for Hotel is based on emperically derived data. 7 Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. 7.1.e Packet Pg. 255 N:\3800\2173843 - Brea Canyon Business Center Shared Parking, Diamond Bar\Addendum No. 1 (April 2020)\Report\3843 Revised Brea Canyon Business Center Shared Parking Addendum, Diamond Bar 1-10-22.doc TABLE 4 WEEKEND SHARED PARKING DEMAND ANALYSIS 8 Brea Canyon Business Center Shared Parking, Diamond Bar Land Use Hilton Hampton Inn and Suites Hotel Medical/Dental Office Family Restaurant Fast Food Restaurant Size 124 Rms 47.642 KSF 4.000 KSF 2.760 KSF Total Pkg Rate[1]0.79 /Occupied Room 4 /KSF 10 /KSF 10 /KSF Spaces = Comparison w/ Gross 98 Spc. [2]191 Spc.40 Spc.28 Spc.357 Parking Supply Spaces Shared 289 Spaces Number of Number of Number of Number of Parking Surplus Time of Day Spaces Spaces Spaces Spaces Demand (Deficiency) 8:00 AM 58 154 20 3 235 54 9:00 AM 51 179 29 4 263 26 10:00 AM 43 191 37 7 278 11 11:00 AM 36 191 37 9 273 16 12:00 PM 18 103 40 16 177 112 1:00 PM 25 0 35 23 83 206 2:00 PM 21 0 28 27 76 213 3:00 PM 32 0 19 27 78 211 4:00 PM 32 0 20 25 77 212 5:00 PM 32 0 26 17 75 214 6:00 PM 29 0 30 16 75 214 7:00 PM 38 0 30 17 85 204 8:00 PM 51 0 28 23 102 187 9:00 PM 54 0 15 22 91 198 10:00 PM 36 0 13 15 64 225 Notes: [1] Parking rates for all land uses based on City Code. [2] Parking ratio for Hotel is based on emperically derived data. 8 Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. 7.1.e Packet Pg. 256 LINSCOTT, LAW & GREENSPAN, engineers APPENDIX A ULI HOTEL USES DESCRIPTION A-1 7.1.e Packet Pg. 257 A-27.1.ePacket Pg. 258 A-37.1.ePacket Pg. 259 A-47.1.ePacket Pg. 260 LINSCOTT, LAW & GREENSPAN, engineers APPENDIX B HOTEL EMPIRICAL PARKING DEMAND DATA B-1 7.1.e Packet Pg. 261 B-2 7.1.e Packet Pg. 262 Parking Demand % of Peak Parking Demand % of Peak 8:00 AM 20 36% 33 59% 9:00 AM 24 43% 29 52% 10:00 AM 15 27% 24 43% 11:00 AM 20 36% 20 36% 12:00 PM 24 43% 10 18% 1:00 PM 25 45% 14 25% 2:00 PM 31 55% 12 21% 3:00 PM 32 57% 18 32% 4:00 PM 33 59% 18 32% 5:00 PM 36 64% 18 32% 6:00 PM 41 73% 16 29% 7:00 PM 52 93% 21 38% 8:00 PM 48 86% 29 52% 9:00 PM 56 100% 31 55% 10:00 PM 49 88% 20 36% Notes: November Parking rate per Occupied Room (87 rooms) Weekday (Thursday 11/8/18) Weekend (Saturday 11/10/18) Time of Day Parking rate per Room (104 rooms) Adjusted Seasonal Peak Parking Rate per Occupied Room (87 rooms) 0.54 0.79 Counts were collected in November on a Thursday and Saturday by National Data and Surveying Services (NDS) at Hilton Hampton Inn in the City of Chino Hills which is located north of Chino Avenue west of the SR- 71 in the Crossroads Shopping Center. During those counts days the occupancy of the Hampton Inn was 84% during the Thursday count and 90% during the Saturday count. 0.64 TABLE B (1)(2) CHINO HILLS HAMPTON INN PARKING PROFILES AND RATES B-3 7.1.e Packet Pg. 263 LINSCOTT, LAW & GREENSPAN, engineers APPENDIX C SHARED PARKING WORKSHEETS C-1 7.1.e Packet Pg. 264 Land Use Size 124 Rooms Pkg Rate[2]0.79 /Occupied Room Gross Spaces 98 Spaces Shared Time % Of # Of Parking of Day Peak [3]Spaces Demand 6:00 AM --- 7:00 AM --- 8:00 AM 36%36 36 9:00 AM 43%43 43 10:00 AM 27%27 27 11:00 AM 36%36 36 12:00 PM 43%43 43 1:00 PM 45%45 45 2:00 PM 55%54 54 3:00 PM 57%56 56 4:00 PM 59%58 58 5:00 PM 64%63 63 6:00 PM 73%72 72 7:00 PM 93%92 92 8:00 PM 86%85 85 9:00 PM 100%98 98 10:00 PM 88%87 87 11:00 PM --- 12:00 AM --- Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [3] Parking profiles based on empirically derived data from Chino Hills Hampton Inn [2] Parking rates based on empirically derived data from Chino Hills Hampton Inn Appendix Table C-1 HILTON HAMPTON INN AND SUITES HOTEL WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Hilton Hampton Inn and Suites Hotel C-2 7.1.e Packet Pg. 265 Land Use Size 124 Rooms Pkg Rate[2]0.79 /Occupied Room Gross Spaces 98 Spaces Shared Time .# Of Parking of Day Peak [3]Spaces Demand 6:00 AM --- 7:00 AM --- 8:00 AM 59%58 58 9:00 AM 52%51 51 10:00 AM 43%43 43 11:00 AM 36%36 36 12:00 PM 18%18 18 1:00 PM 25%25 25 2:00 PM 21%21 21 3:00 PM 32%32 32 4:00 PM 32%32 32 5:00 PM 32%32 32 6:00 PM 29%29 29 7:00 PM 38%38 38 8:00 PM 52%51 51 9:00 PM 55%54 54 10:00 PM 36%36 36 11:00 PM --- 12:00 AM --- Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. Appendix Table C-2 HILTON HAMPTON INN AND SUITES HOTEL Hilton Hampton Inn and Suites Hotel [3] Parking profiles based on empirically derived data from Chino Hills Hampton Inn WEEKEND SHARED PARKING DEMAND ANALYSIS [1] [2] Parking rates based on empirically derived data from Chino Hills Hampton Inn C-3 7.1.e Packet Pg. 266 Appendix Table C-3 MEDICAL/DENTAL OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Month: Land Use Medical/Dental Office Size 47.642 KSF Pkg Rate[2] 4.00 /KSF Gross 191 Spaces Spaces 127 Visitor Spc. 64 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% 115 60% 39 154 9:00 AM 90% 115 100% 64 179 10:00 AM 100% 127 100% 64 191 11:00 AM 100% 127 100% 64 191 12:00 PM 30% 39 100% 64 103 1:00 PM 90% 115 100% 64 179 2:00 PM 100% 127 100% 64 191 3:00 PM 100% 127 100% 64 191 4:00 PM 90% 115 100% 64 179 5:00 PM 80% 102 100% 64 166 6:00 PM 67% 86 67% 43 129 7:00 PM 30% 39 30% 20 59 8:00 PM 15% 20 15% 10 30 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. [2] Parking rates for all land uses based on City Code. C-4 7.1.e Packet Pg. 267 Appendix Table C-4 MEDICAL/DENTAL OFFICE WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Month: Land Use Medical/Dental Office Size 47.642 KSF Pkg Rate[2] 4.00 /KSF Gross 191 Spaces Spaces 127 Visitor Spc. 64 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 90% 115 60% 39 154 9:00 AM 90% 115 100% 64 179 10:00 AM 100% 127 100% 64 191 11:00 AM 100% 127 100% 64 191 12:00 PM 30% 39 100% 64 103 1:00 PM 0% 0 0% 0 0 2:00 PM 0% 0 0% 0 0 3:00 PM 0% 0 0% 0 0 4:00 PM 0% 0 0% 0 0 5:00 PM 0% 0 0% 0 0 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM 0% 0 0% 0 0 12:00 AM 0% 0 0% 0 0 Notes: [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on City Code. C-5 7.1.e Packet Pg. 268 Appendix Table C-5 FAMILY RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Month: Land Use Family Restaurant Size 4.000 KSF Pkg Rate[2] 10 /KSF Gross 40 Spaces Spaces 34 Guest Spc. 6 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 18% 6 35% 2 8 7:00 AM 35% 12 53% 3 15 8:00 AM 42% 14 63% 4 18 9:00 AM 53% 18 63% 4 22 10:00 AM 60% 20 70% 4 24 11:00 AM 63% 21 70% 4 25 12:00 PM 70% 24 70% 4 28 1:00 PM 63% 21 70% 4 25 2:00 PM 35% 12 70% 4 16 3:00 PM 32% 11 53% 3 14 4:00 PM 32% 11 53% 3 14 5:00 PM 53% 18 67% 4 22 6:00 PM 56% 19 67% 4 23 7:00 PM 56% 19 67% 4 23 8:00 PM 56% 19 67% 4 23 9:00 PM 42% 14 56% 3 17 10:00 PM 39% 13 46% 3 16 11:00 PM 35% 12 46% 3 15 12:00 AM 18% 6 25% 2 8 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. [2] Parking rates for all land uses based on City Code. C-6 7.1.e Packet Pg. 269 Appendix Table C-6 FAMILY RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Month: Land Use Family Restaurant Size 4.000 KSF Pkg Rate[2] 10 /KSF Gross 40 Spaces Spaces 34 Guest Spc. 6 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 10% 3 50% 3 6 7:00 AM 25% 9 75% 5 14 8:00 AM 45% 15 90% 5 20 9:00 AM 70% 24 90% 5 29 10:00 AM 90% 31 100% 6 37 11:00 AM 90% 31 100% 6 37 12:00 PM 100% 34 100% 6 40 1:00 PM 85% 29 100% 6 35 2:00 PM 65% 22 100% 6 28 3:00 PM 40% 14 75% 5 19 4:00 PM 45% 15 75% 5 20 5:00 PM 60% 20 95% 6 26 6:00 PM 70% 24 95% 6 30 7:00 PM 70% 24 95% 6 30 8:00 PM 65% 22 95% 6 28 9:00 PM 30% 10 80% 5 15 10:00 PM 25% 9 65% 4 13 11:00 PM 15% 5 65% 4 9 12:00 AM 10% 3 35% 2 5 Notes: [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on City Code. C-7 7.1.e Packet Pg. 270 Appendix Table C-7 FAST-FOOD RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS [1] Month: Land Use Fast-Food Restaurant Size 2.500 KSF Pkg Rate[2] 10 /KSF Gross 25 Spaces Spaces 21 Guest Spc. 4 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 5% 2 15% 1 3 7:00 AM 10% 3 20% 1 4 8:00 AM 20% 5 30% 2 7 9:00 AM 30% 7 40% 2 9 10:00 AM 55% 12 75% 3 15 11:00 AM 85% 18 100% 4 22 12:00 PM 100% 21 100% 4 25 1:00 PM 100% 21 100% 4 25 2:00 PM 90% 19 95% 4 23 3:00 PM 60% 13 70% 3 16 4:00 PM 55% 12 60% 3 15 5:00 PM 60% 13 70% 3 16 6:00 PM 85% 18 90% 4 22 7:00 PM 80% 17 90% 4 21 8:00 PM 50% 11 60% 3 14 9:00 PM 30% 7 40% 2 9 10:00 PM 20% 5 30% 2 7 11:00 PM 10% 3 20% 1 4 12:00 AM 5% 2 20% 1 3 Notes: [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. [2] Parking rates for all land uses based on City Code. C-8 7.1.e Packet Pg. 271 Appendix Table C-8 FAST-FOOD RESTAURANT WEEKEND SHARED PARKING DEMAND ANALYSIS [1] Month: Land Use Fast-Food Restaurant Size 2.500 KSF Pkg Rate[2] 10 /KSF Gross 25 Spaces Spaces 21 Guest Spc. 4 Emp. Spc.Shared Time % Of # Of % Of # Of Parking of Day Peak [3] Spaces Peak [3] Spaces Demand 6:00 AM 5% 2 14% 1 3 7:00 AM 9% 2 19% 1 3 8:00 AM 19% 4 28% 2 6 9:00 AM 28% 6 37% 2 8 10:00 AM 51% 11 70% 3 14 11:00 AM 79% 17 93% 4 21 12:00 PM 93% 20 93% 4 24 1:00 PM 93% 20 93% 4 24 2:00 PM 84% 18 89% 4 22 3:00 PM 56% 12 65% 3 15 4:00 PM 51% 11 56% 3 14 5:00 PM 56% 12 65% 3 15 6:00 PM 79% 17 84% 4 21 7:00 PM 75% 16 84% 4 20 8:00 PM 47% 10 56% 3 13 9:00 PM 28% 6 37% 2 8 10:00 PM 19% 4 28% 2 6 11:00 PM 9% 2 19% 1 3 12:00 AM 5% 2 19% 1 3 Notes: [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking" manual. [1] Source: ULI - Urban Land Institute "Shared Parking," Second Edition, 2005. [2] Parking rates for all land uses based on City Code. 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1 1 1111 LIGHT FIXTURE: CXF5FIXTURE COLOR: BRONZELuminaire ScheduleSymbolQtyLabelLLFDescriptionLum. LumensLum. Watts8FX-30.903PHILIPS - CXFxx32-G2-5W5-16470851.229FX-5A0.849PHILIPS - PIMA CXF548-G2-4W5-1680287511FX-5B0.849PHILIPS - PIMA CXF548-G2-4W5-1680287580V70.903VIVID LTG - 4100k70ies1236520.91Calculation SummaryLabelCalcTypeUnitsAvgMaxMinAvg/MinMax/MinFRONT OF 01 MEDIlluminanceFc2.013.51.21.682.92FRONT OF 02 MED _1IlluminanceFc1.422.21.01.422.20FRONT OF HOTELIlluminanceFc2.203.01.61.381.88HOTEL PERIMETER WALL_Side_13_1IlluminanceFc11.832261.973.67HOTEL PERIMETER WALL_Side_14_1IlluminanceFc11.884225.9421.00HOTEL PERIMETER WALL_Side_15_1IlluminanceFc10.794025.4020.00HOTEL PERIMETER WALL_Side_16IlluminanceFc10.664125.3320.50HOTEL PERIMETER WALL_Side_17IlluminanceFc10.663725.3318.50HOTEL PERIMETER WALL_Side_18IlluminanceFc10.263425.1317.00HOTEL PERIMETER WALL_Side_19IlluminanceFc10.213025.1115.00HOTEL PERIMETER WALL_Side_20IlluminanceFc9.212924.6114.50HOTEL PERIMETER WALL_Side_21IlluminanceFc8.823218.8232.00HOTEL PERIMETER WALL_Side_22IlluminanceFc9.372919.3729.00HOTEL PERIMETER WALL_Side_24IlluminanceFc13.20650N.A.N.A.PARKINGIlluminanceFc2.267.00.92.517.78PARKING PARKIlluminanceFc2.463.41.91.291.79POOL DECKIlluminanceFc2.073.70.63.456.17POOL WALL_Side_31IlluminanceFc10.242625.1213.00POOL WALL_Side_35IlluminanceFc10.882825.4414.00POOL WALL_Side_39IlluminanceFc10.382525.1912.50POOL WALL_Side_43IlluminanceFc14.834043.7110.00POOL WALL_Side_44IlluminanceFc9.453919.4539.00POOL WALL_Side_48IlluminanceFc10.622825.3114.00POOL WALL_Side_52IlluminanceFc13.502834.509.33POOL WALL_Side_53IlluminanceFc8.57490N.A.N.A.POOL WALL_Side_54IlluminanceFc0.4110N.A.N.A.POOL WALL_Side_55IlluminanceFc1.00111.001.007.1.fPacket Pg. 286 FX-5BMH: 19.5FX-5BMH: 19.5FX-5BMH: 19.5FX-5BMH: 19.5FX-5BMH: 19.5FX-5BMH: 19.5FX-5BMH: 19.5FX-5AMH: 19.5FX-5AMH: 19.5FX-5AMH: 19.5FX-5AMH: 19.5FX-3MH: 12FX-3MH: 12FX-3MH: 12FX-5AMH: 19.5FX-5AMH: 19.5FX-5AMH: 19.5FX-5BMH: 19.5FX-5AMH: 19.5FX-5AMH: 19.5FX-5AMH: 19.5FX-5AMH: 19.5FX-5AMH: 19.5FX-5BMH: 19.5FX-5BMH: 19.5FX-5AMH: 19.5FX-5AMH: 19.5FX-3MH: 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Pg. 288 7.1.fPacket Pg. 289 7.1.fPacket Pg. 290 7.1.fPacket Pg. 291 7.1.fPacket Pg. 292 7.1.fPacket Pg. 293 7.1.fPacket Pg. 294 7.1.fPacket Pg. 295 7.1.fPacket Pg. 296 SLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPESLOPE44A.5A.522C.1C.1C.2C.24.51.11.14.34.14.1AAB.1B.1A.2A.1A.11.32.12.1A.4A.3CC553BBB.2B.24.24.43.13.13.33.37.1.fPacket Pg. 297 7.1.fPacket Pg. 298 7.1.fPacket Pg. 299 7.1.fPacket Pg. 300 7.1.fPacket Pg. 301 7.1.fPacket Pg. 302 7.1.fPacket Pg. 303 7.1.fPacket Pg. 304 7.1.fPacket Pg. 305 7.1.fPacket Pg. 306 7.1.fPacket Pg. 307 7.1.fPacket Pg. 308 7.1.fPacket Pg. 309 7.1.fPacket Pg. 310 7.1.fPacket Pg. 311 7.1.fPacket Pg. 312 7.1.fPacket Pg. 313 7.1.fPacket Pg. 314 7.1.fPacket Pg. 315 7.1.fPacket Pg. 316 7.1.fPacket Pg. 317 7.1.fPacket Pg. 318 7.1.fPacket Pg. 319 7.1.fPacket Pg. 320 7.1.fPacket Pg. 321 7.1.fPacket Pg. 322 7.1.fPacket Pg. 323 7.1.fPacket Pg. 324 7.1.fPacket Pg. 325 7.1.fPacket Pg. 326 7.1.fPacket Pg. 327 7.1.fPacket Pg. 328 7.1.fPacket Pg. 329 7.1.fPacket Pg. 330 7.1.fPacket Pg. 331 DESIGN REVIEW RESUBMITTAL 9 / 8 / 21 7.1.f Packet Pg. 332 DESIGN REVIEW RESUBMITTAL 9 / 8 / 21 7.1.f Packet Pg. 333 I2AEL.K HCMILULS N 482AV o. N Signature Date L A N D S CAPE A R C H I TECTLICENSEDS T A T E C A L IF RNIAOF O Renewal Date 10 / 31 / 180 EAST MAIN ST., STE. 208 Ph: 714.426.0248 Fax: 714.426.0255 TUSTIN, CA 92780 Cercidium ‘Desert Musuem’- Desert Museum Palo Verde Plantanus x. acerfolia - London Plane Tree Prosopis chilensis- Thornless Mesquite Lagerstroemia i. ‘Muskogee’- Crape Myrtle Pinus eldarica- Mondell Pine Agave perryi- Perry’s Agave Aloe striata- Coral Aloe Trachelospermum jasminoides- Star Jasmine Dianella ‘Cassa Blue’- Cassa Blue Flax Lily Carex divulsa- Berkeley Sedge Hesperaloe parviflora- Red Yucca Rosa f. ‘Livin Easy’- Livin Easy Rose Westringia ‘Wynabbie Gem’ Tacoma stans ‘Solar Flare’- Yellow Bells Festuca mairei- Atlas Fescue Geijera parviflora- Australian Willow Lophostemon confertus- Brisbane Box Arbutus ‘Marina’ - Marina Strawberry Tree Quercus virginiana - Southern Oak Cupressus s. ‘Tiny Towers’ - Tiny Tower Cypress Lantana ‘New Gold’- Gold Spreading Lantana L-3 PLANT IMAGERY Salvia leucantha- Mexican Sage DESIGN REVIEW RESUBMITTAL 9 / 8 / 21 7.1.f Packet Pg. 334 I2AEL.K HCMILULS N 482AV o. N Signature Date L A N D S CAPE A R C H I TECTLICENSEDS T A T E C A L IF RNIAOF O Renewal Date 10 / 31 / 180 EAST MAIN ST., STE. 208 Ph: 714.426.0248 Fax: 714.426.0255 TUSTIN, CA 92780 Belgard ‘Urbana’ Interlocking Pavers OPTION B INTEGRAL COLOR CONCRETE OPTION A L-4 SITE FURNITURE / ENHANCED PAVINGBOULDERS/ COBBLESOPTION C INTERLOCKING PAVERS Belgard‘Eco Dublin’ (PERMEABLE) Building 2 Employee Area Sierra Cobble Cresta Boulders Davis Color ‘Mesa Buff’ SRI 43 SITE FURNITURE DESIGN REVIEW RESUBMITTAL 9 / 8 / 21 7.1.f Packet Pg. 335 FIXTURE TREE UP LIGHTFX-1LIGHTING LEGENDSYMBOLNOTYPEACCESSORIESREMARKSFIXTURE MODEL NO.MANUF.LAMP TYPEFINISHMOUNTINGFX-212' LED PEDESTRIANPOLE LIGHT WITH CURVED ARMFX-3PHILIPS HADCO- POLE MOUNTEDFX-4ENTRY PROJECT SIGNNotes:1. The Electrical Engineer shall provide photometric study to comply with City light levels.2. The locations and quantities of parking pole lights are preliminiary, the Electrical Engineer shall provide final location and quantities.3. All light fixtures are to be oriented and aimed so that no light is spilled on to adjacent properties.B9-D-W-AELLIPTIPAR S170-M028-V-06-M-V0-0-830-ZXTREE UP LIGHT33 WATT LEDBLACKPOWER STAKE WITH CONCRETEPHILIPS HADCO-PIMAB9 FLEXSCAPE51 WATT LED3000 K WHITE16 WATT LED3000 K BLACKSLIP FITTER MOUNT OVER CONDUITFX-5AWITH CURVED ARMWHITE20' ROUND ALUMINUM POLE FIXTURE MOUNTED AT 12 FT.FX-5BWHITEV-7SOUTH WALL UPLIGHTBRONZE1/2" NPTV VDFB1C3FR-41-S5C-V27-BZ-ND20 WATT LED4000 K VIVID LEDS AXISBULLET SERIES3000 K PHILIPS HADCO- PRIMA75 WATT LED 3000 K PHILIPS HADCO- PRIMA150 WATT LED3000 K SUB-BASEEVALUATE PER TITLE 24FIXTURE MOUNTED AT 20 FT.EVALUATE PER TITLE 24FIXTURE MOUNTED AT 20 FT.EVALUATE PER TITLE 24PARKING LOT POLE LIGHTLIGHT WITH CURVED ARMTWIN HEAD PARKING LOT POLE 20' ROUND ALUMINUM POLE WITH 3 LENS TO ADJUSTBEAM SPREAD CXF6-32-G2-T-B-5-W-A-5-NNNN-SP2/HFP510-P4-B-N/P4031-12-B/ ANCHOR BOLTS12' ROUND ALUMINUM POLE CURVED ARMPOLE MOUNTEDCURVED ARMPOLE MOUNTEDCURVED ARMCXF5-48-G2-T-B-4-W-A-5-NNNN-SP2/HFP510-P4-B-N/P4031-17-B/ ANCHOR BOLTSCXF5-48-G2-T-B-4-W-A-5-NNNN-SP2/HFP517-P4-B-N/P4031-17-B/ ANCHOR BOLTSB9-D-W-A13 WATT LEDBLACKPOWER STAKE WITH CONCRETEPHILIPS HADCO-B9 FLEXSCAPE3000 K SUB-BASEWIDE LENS, 13W SETTINGIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 2A E L .KHCM ILULSN482AVo.NSignatureDateLANDSCAPEARCHITECTLICEN S EDSTATECALIFRN I AOFO Renewal Date10 / 31 / 180 EAST MAIN ST., STE. 208Ph: 714.426.0248Fax: 714.426.0255TUSTIN, CA 92780design studio inc.SITEFOR PLANTING DETAILS REFER TO SHEET LP-3M A T C H L I N E - SEE L-6M A T C H L I N E - SEE L-6L-5LIGHTING COORDINATIONPLAN7.1.fPacket Pg. 336 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIFIXTURE TREE UP LIGHTFX-1LIGHTING LEGENDSYMBOLNOTYPEACCESSORIESREMARKSFIXTURE MODEL NO.MANUF.LAMP TYPEFINISHMOUNTINGFX-212' LED PEDESTRIANPOLE LIGHT WITH CURVED ARMFX-3PHILIPS HADCO- POLE MOUNTEDFX-4ENTRY PROJECT SIGNNotes:1. The Electrical Engineer shall provide photometric study to comply with City light levels.2. The locations and quantities of parking pole lights are preliminiary, the Electrical Engineer shall provide final location and quantities.3. All light fixtures are to be oriented and aimed so that no light is spilled on to adjacent properties.B9-D-W-AELLIPTIPAR S170-M028-V-06-M-V0-0-830-ZXTREE UP LIGHT33 WATT LEDBLACKPOWER STAKE WITH CONCRETEPHILIPS HADCO-PIMAB9 FLEXSCAPE51 WATT LED3000 K WHITE16 WATT LED3000 K BLACKSLIP FITTER MOUNT OVER CONDUITFX-5AWITH CURVED ARMWHITE20' ROUND ALUMINUM POLE FIXTURE MOUNTED AT 12 FT.FX-5BWHITEV-7SOUTH WALL UPLIGHTBRONZE1/2" NPTV VDFB1C3FR-41-S5C-V27-BZ-ND20 WATT LED4000 K VIVID LEDS AXISBULLET SERIES3000 K PHILIPS HADCO- PRIMA75 WATT LED 3000 K PHILIPS HADCO- PRIMA150 WATT LED3000 K SUB-BASEEVALUATE PER TITLE 24FIXTURE MOUNTED AT 20 FT.EVALUATE PER TITLE 24FIXTURE MOUNTED AT 20 FT.EVALUATE PER TITLE 24PARKING LOT POLE LIGHTLIGHT WITH CURVED ARMTWIN HEAD PARKING LOT POLE 20' ROUND ALUMINUM POLE WITH 3 LENS TO ADJUSTBEAM SPREAD CXF6-32-G2-T-B-5-W-A-5-NNNN-SP2/HFP510-P4-B-N/P4031-12-B/ ANCHOR BOLTS12' ROUND ALUMINUM POLE CURVED ARMPOLE MOUNTEDCURVED ARMPOLE MOUNTEDCURVED ARMCXF5-48-G2-T-B-4-W-A-5-NNNN-SP2/HFP510-P4-B-N/P4031-17-B/ ANCHOR BOLTSCXF5-48-G2-T-B-4-W-A-5-NNNN-SP2/HFP517-P4-B-N/P4031-17-B/ ANCHOR BOLTSB9-D-W-A13 WATT LEDBLACKPOWER STAKE WITH CONCRETEPHILIPS HADCO-B9 FLEXSCAPE3000 K SUB-BASEWIDE LENS, 13W SETTINGI 2A E L .KHCM ILULSN482AVo.NSignatureDateLANDSCAPEARCHITECTLICEN S EDSTATECALIFRN I AOFO Renewal Date10 / 31 / 180 EAST MAIN ST., STE. 208Ph: 714.426.0248Fax: 714.426.0255TUSTIN, CA 92780design studio inc.SITEFOR PLANTING DETAILS REFER TO SHEET LP-3M A T C H L I N E - SEE L-5M A T C H L I N E - SEE L-5M A T C H L I N E - SEE ABOVEM A T C H L I N E - SEE BELOWL-6LIGHTING COORDINATIONPLAN7.1.fPacket Pg. 337 I 2A E L .KHCM ILULSN482AVo.NSignatureDateLANDSCAPEARCHITECTLICEN S EDSTATECALIFRN I AOFO Renewal Date10 / 31 / 180 EAST MAIN ST., STE. 208Ph: 714.426.0248Fax: 714.426.0255TUSTIN, CA 92780design studio inc.SITEFOR PLANTING DETAILS REFER TO SHEET LP-3FX-1 TREE UPLIGHTFX-2- TREE UPLIGHTFX-4- ENTRY PROJECT SIGN UPLIGHTFX-5A- PARKING LOT POLE LIGHTFX-5B- PARKING LOT POLE LIGHTV-7 VIVIDLENS AXIS BULLET WALL UPLIGHTFX-3- PEDESTRIAN POLE LIGHTL-7LIGHT FIXTURE CUTSHEETS7.1.fPacket Pg. 338 I 2A E L .KHCM ILULSN482AVo.NSignatureDateLANDSCAPEARCHITECTLICEN S E DSTATECALIFRNI AOFO Renewal Date10 / 31 / 180 EAST MAIN ST., STE. 208Ph: 714.426.0248Fax: 714.426.0255TUSTIN, CA 92780DESIGN REVIEW RESUBMITTAL9 / 8 / 217.1.fPacket Pg. 339 I 2A E L .KHCM ILULSN482AVo.NSignatureDateLANDSCAPEARCHITECTLICEN S E DSTATECALIFRNI AOFO Renewal Date10 / 31 / 180 EAST MAIN ST., STE. 208Ph: 714.426.0248Fax: 714.426.0255TUSTIN, CA 92780DESIGN REVIEW RESUBMITTAL9 / 8 / 217.1.fPacket Pg. 340 I 2A E L .KHCM ILULSN482AVo.NSignatureDateLANDSCAPEARCHITECTLICEN S EDSTATECALIFRNI AOFO Renewal Date10 / 31 / 180 EAST MAIN ST., STE. 208Ph: 714.426.0248Fax: 714.426.0255TUSTIN, CA 92780DESIGN REVIEW RESUBMITTAL9 / 8 / 217.1.fPacket Pg. 341 7.1.fPacket Pg. 342 7.1.fPacket Pg. 343 PLANNED SIGN PROGRAM FOR BREA CANYON BUSINESS PARK DIAMOND BAR March 25, 2022 LANDLORD LYCOMING, LLC PROJECT ADDRESS 850 SOUTH BREA CANYON ROAD DIAMOND BAR, CA 91789 7.1.g Packet Pg. 344 PLANNED SIGN PROGRAM FOR BREA CANYON BUSINESS PARK DIAMOND BAR, CA A. PURPOSE AND INTENT The following criteria has been established for the purpose of assuring a consistent sign design program for the mutual benefit of all occupants. Flexibility of design is encouraged to create visual interest. Conformity with this criteria will be enforced by the Landlord and the City of Diamond Bar. Any sign non-conforming or unapproved sign shall be removed and replaced at Landlord’s direction at Tenant’s cost. B. APPROVALS To obtain Landlords approval, submit four (4) copies as outlined in Section B of this criteria, to the Landlord. 1. Prior to manufacture of any sign in the center, the Tenant shall submit to Landlord for approval, four (4) copies of detailed drawings for each proposed sign. These drawings shall include the building elevation to which the signs are to be attached, sign dimensions, graphics, location, colors, and method of attachment. This approval must be obtained prior to submittal to the City of Diamond Bar. 2. All signs shall be reviewed for conformance with this criteria and overall design quality. Approval or disapproval of sign submittals based on aesthetics of design shall be at landlord’s sole discretion. 3. Prior to the installation and manufacture of any sign, the Tenant shall obtain a sign permit from the City of Diamond Bar. Upon approval, a letter shall be provided to Tenant by Landlord. This letter must be presented to the City of Diamond Bar to obtain the Tenant's sign permit. 7.1.g Packet Pg. 345 C. GENERAL CRITERIA AND SIGN DESIGN 1. Tenants of the QSR1 Building to have, fabricated, halo-lit aluminum channel letters with cool-white, LED illumination. Base mounted to fabricated painted aluminum accent (see Figure 6) on the fascia. Primary tenant of the 01 Medical Office Building to have, fabricated, halo-lit aluminum channel letters with cool-white, LED illumination. Base mounted to fabricated painted aluminum accent (see Figure 7) on the fascia. Tenant of Hotel Building to have fabricated, halo-lit aluminum channel letters with cool-white/red, LED illumination. Pin mounted to wall surface (see Figure 8). Location of all signs shall be as directed by Landlord and as approved by the City of Diamond Bar. 2. Signs shall be designed in a manner that is not only imaginative but also of high graphic quality. In addition, signs should be compatible with and complimentary to adjacent facades. 3. Logo and letter heights, where specified, shall be determined by measuring the normal capital letter of type font exclusive of swashes, ascenders and descenders. 4. Not withstanding the maximum square footages specified for copy area allowances, signs and topography in all cases shall appear balanced and in scale within the context of the sign space and the building as a whole. 5. Tenant shall pay all costs for sign including manufacture, installation, maintenance, and City permits. 6. Tenant shall be responsible for and repair any damage to any surface caused by the signage or its installation. 7. Landlord reserves the right to periodically hire an independent electrical contractor, at Tenant's sole expense, to inspect the installation of all Tenant's signs. Tenants will be required to correct discrepancies and/or code violations at Tenant's expense. Any code violations, requests for sign removals, or discrepancies not corrected within fifteen (15) days of notice, may be corrected by the Landlord at Tenant's expense. 8. Tenant's sign contractor shall carry workman's compensation and public liability insurance against all damage by any and all persons and/or property while engaged in the construction or erection of signs in the amount of $1,000,000 per occurrence. Evidence of this insurance must be provided to Landlord prior to installation. 9. Upon vacancy, Tenant shall remove sign and restore fascia to original condition at Tenant's sole cost and expense within fifteen (15) days of expiration of term or earlier termination of Tenant's lease. 10. Owner will install and pay for the Building Address Signs. Numerals to be twelve (12) inches high, located and installed by Landlord. 7.1.g Packet Pg. 346 D. PROHIBITED SIGNS 1. Temporary signs, window signs, placards, flags, pennants, and banners of any type shall be prohibited, except as otherwise approved by the Landlord and the City of Diamond Bar prior to installation. 2. No animated, foam, flashing, audible, off-premise, or vehicle signs are allowed. 3. No exposed raceways, crossovers, conduits, neon tube conductors, transformers are allowed. E. SIGN CONSTRUCTION 1. All signs and their installation shall comply with all applicable City building and electrical codes, and bear UL label. 2. Tenant's sign contractor shall completely install and connect sign display and primary wiring at sign location per Landlord’s approval. Signs are to be connected to the J-box provided by the Landlord, which is connected to Tenant’s electrical panel. 3. All penetrations of exterior fascia to be sealed watertight, and finish to match adjacent material, subject to Landlord's approval. 4. All signs shall be kept in good condition, be legible, adequately repaired and maintained by the Tenant at all times. All repairs shall be equal in quality and design to the original signs. The standards for maintenance and repair of signs shall maintain highest visual quality. 5. All exterior signs shall be secured by concealed fasteners, stainless steel, nickel or cadmium plated. 6. Plastic surfaces to be 3/16" (3/16 inch) as manufactured for outdoor advertising. 7. All exterior signs shall be mounted 1/2" (1/2 inch) from the surface of the building for proper drainage. 8. Internal illumination to be 60-milli-amp neon installation labeled in accordance with the "National Board of Fire Underwriters Specifications". No other labels or identification will be permitted on the exposed surfaces of the sign except those required by local ordinances. 9. All exposed letter sheet metal returns shall be of 24 gauge, painted with one coat of primer and two coats enamel to match color of face or as approved by Landlord. All trim cap to match the face and returns, 3/4" (3/4 inch) in thickness. 7.1.g Packet Pg. 347 F. SIGN TYPES AND SIZES: The purpose and intent of these criteria is established for the purpose of assuring a consistent sign design program for the mutual benefit of all occupants, and maintain a high graphic quality for the overall center. Conformity with these criteria will be enforced by the Landlord and the City of Diamond Bar. Any sign non-conforming or unapproved sign shall be removed and replaced at Landlord’s direction at Tenant’s cost. Landlord, at Landlord’s discretion, will review all proposed sign design logo, font/letter style, and color. In cases where Tenant is part of a national or regional chain (4 or more stores) whose graphics are a part of a registered trademark, in which case, said Tenant would be allowed a letter color in accordance with their corporate specifications. Also, in registered trademark cases, said Tenant will be allowed the letter style(s) in accordance with their corporate specifications. No can or cabinet signs will be allowed except logos not to exceed 10% (10 percent) of allowed area. Letter height on wall signs shall be in accordance with the following schedule: 1. Type 1 - Project Identification Monument Sign Quantity: A quantity of (1) Double-faced monument sign (See Figure 2) will be located as shown on the site plan (See Figure 1). 2. Type 2 - Quick Service Restaurant Identification Pylon Sign (Existing) Quantity: A quantity of (1) Double-faced pylon sign (See Figure 3) will be located as shown on the site plan (See Figure 1). 3. Type 3 - Quick Service Restaurant Identification Monument Sign Quantity: A quantity of (1) Double-faced monument sign (See Figure 4) will be located as shown on the site plan (See Figure 1). 4. Type 4 - Medical Office Identification Monument Sign Quantity: A quantity of (1) Double-faced monument sign (See Figure 5) will be located as shown on the site plan (See Figure 1). 5. Type 5 - Quick Service Restaurant Identification Wall Sign Quantity: A quantity of (6) Tenant I.D. signs may be located on the QSR1 Building. (3) on the front elevation and (3) on the rear elevation. Maximum Sign Length: 12’-6” (see figure 6). Maximum Sign Area: Total sign area shall not exceed 31.25 square feet (see figure 6). Maximum Sign Height: 2’-6” or less. Maximum of one line copy permitted. 7.1.g Packet Pg. 348 Letter Style: Nationally recognized corporate logo style (trademark) or custom design as approved by landlord. Colors: Nationally recognized corporate logo style (trademark) or custom design as approved by landlord. 6. Type 6 - Medical Office Identification Wall Sign Quantity: A quantity of (2) Tenant I.D. sign may be located on the 01 Med Office building. (1) on the front elevation and (1) on the rear. Maximum Sign Length: 18’-6” (see figure 7). Maximum Sign Area: Total sign area shall not exceed 46.25 square feet (see figure 7). Maximum Sign Height: 2’-6” or less. Maximum of one line copy permitted. Letter Style: Nationally recognized corporate logo style (trademark) or custom design as approved by landlord. Colors: Nationally recognized corporate logo style (trademark) or custom design as approved by landlord. 7. Type 7 - Hotel Identification Wall Sign Quantity: A quantity of (1) Tenant I.D. sign may be located on the building front elevation, one (1) sign on the building rear elevation, one (1) sign on each side elevation, for a total of four (4) signs. Maximum Sign Length: 17’-9 1/2” for front elevation, 14’-3“ for rear elevation, 13’-0” for each side elevation (see figure 8). Maximum Sign Area: Total sign area shall not exceed 125.00 square feet for front elevation, 80.00 square feet for rear elevation, 66.00 for each side elevation (see figure 8). Maximum Sign Height: 7’-0” for front elevation, 5’-7” for rear elevation, 5’-1” for each side elevation (see figure 8). Maximum of two lines copy permitted. Letter Style: Nationally recognized corporate logo style (trademark) or custom design as approved by landlord. Colors: Nationally recognized corporate logo style (trademark) or custom design as approved by landlord. 7.1.g Packet Pg. 349 NORTH FIGURE 1 FREESTANDING SIGN LOCATION PLAN Project Identification Monument Sign Quick Service Restaurant Identification Pylon Sign (Existing) Medical Office Identification Monument Sign Quick Service Restaurant Identification Monument Sign 7.1.g Packet Pg. 350 TENANT SIGNAGE TENANT SIGNAGE TENANT SIGNAGE 868 878 888 FIGURE 2 Project Identification Monument Sign 1.1 70.5 Square Feet (72.0 Allowed by code) Project Name & Address - Brandon Grotesque (Medium) Tenant - (Tenants discretion with landlord approval) Sign Area Calculations Fonts Project Identification Monument Sign Double sided fabricated sign structure with stone cladded base, painted aluminum body cabinet and internal illumination. Graphics to be push-thru translucent acrylic with translucent vinyl face overlays. Accents - Metallic Silver Cabinet - Benjamin Moore Cheating Heart 1617 Copy - Translucent White Hotel Tenant Cabinet - Paint to match PMS 2758C Base - To match project stone Colors 10'-0"1'-6" 10'-0" 4 3/4" 1'-0" 7 1/2" 4 3/4" front side 7.1.g Packet Pg. 351 TENANTSIGNAGE FIGURE 3 Quick Service Restaurant Identification Pylon Sign (Existing) 2.1 80.0 Square Feet Tenant Name - (Tenants discretion with landlord approval) Tenant - (Tenants discretion with landlord approval) Sign Area Calculations Fonts Accents - Metallic Silver Cabinet - Metallic Silver Cabinet Face - Benjamin Moore Cheating Heart 1617 Copy - Translucent White Columns - Benjamin Moore Cheating Heart 1617 Column Bases - To match project stone Colors Quick Service Restaurant Identification Pylon Sign (Existing) Refurbish existing double sided fabricated sign structure with new paint & stone cladded column bases. New sign panels to be translucent acrylic with vinyl face overlays. front side 16'-0" (f.v.)3'-0" (f.v.) 65'-0" (f.v.) 60'-0" (f.v.) 5'-0" (f.v.) 7.1.g Packet Pg. 352 RESTAURANT TENANT RESTAURANT TENANT 868 FIGURE 4 Quick Service Restaurant Identification Monument Sign Tenant Address - Brandon Grotesque (Medium) Tenant - (Tenants discretion with landlord approval) Fonts Accents - Metallic Silver Cabinet - Benjamin Moore Cheating Heart 1617 Copy - Translucent White Base - To match project stone Colors 3.1 7.0 Square Feet (20.0 Allowed by code) Sign Area Calculations 4'-7"9" 3'-6" 3 3/8" 3" front side Quick Service Restaurant Identification Monument Sign Single sided fabricated sign structure with stone cladded base, painted aluminum body cabinet and internal illumination. Graphics to be push-thru translucent acrylic with translucent vinyl face overlays. 7.1.g Packet Pg. 353 OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT 888 FIGURE 5 Medical Office Identification Monument Sign Project Address - Brandon Grotesque (Medium) Tenant - (Tenants discretion with landlord approval) Fonts Accents - Metallic Silver Cabinet - Benjamin Moore Cheating Heart 1617 Copy - Translucent White Base - To match project stone Colors 4.1 20.0 Square Feet (20.0 Allowed by code) Sign Area Calculations 6'-9"9" 4'-6" 2 1/2" 3" front side Medical Office Identification Monument Sign Single sided fabricated sign structure with stone cladded base, painted aluminum body cabinet and internal illumination. Graphics to be push-thru translucent acrylic with translucent vinyl face overlays. 7.1.g Packet Pg. 354 FIGURE 6 Office Tenant Identification Wall Sign (Option) Tenant - (Tenants discretion with landlord approval) Fonts Copy - Benjamin Moore Cheating Heart 1617 Accent Bar - Metallic Silver Colors QSR1 BUILDING 5.1 31.25 Square Feet (31.25 Allowed by code) 5.2 31.25 Square Feet (31.25 Allowed by code) 5.3 31.25 Square Feet (31.25 Allowed by code) 5.4 31.25 Square Feet (31.25 Allowed by code) 5.5 31.25 Square Feet (31.25 Allowed by code) 5.6 31.25 Square Feet (31.25 Allowed by code) Sign Area Calculations 2'-2" 4" 3"1 1/2" 5" Quick Service Restaurant Identification Wall Sign 3” deep, fabricated, 1/8” wall, halo-lit aluminum channel letters with cool-white, LED illumination. Base mounted to fabricated painted aluminum accent. Side View Detail Scale: 3/8" = 1'-0" 3 Front View Detail Scale: 1/4" = 1'-0" 2 QSR1 Building East Elevation Scale: 1/16" = 1'-0" 1 5.1 5.2 5.3 12'-6" 2'-6"2'-2" 4" QSR1 Building West Elevation Scale: 1/16" = 1'-0" 2 5.4 5.5 5.6 23'-0" 35'-9"23'-0"25'-0" 23'-0" 35'-9"23'-0"25'-0" 7.1.g Packet Pg. 355 FIGURE 7 Medical Office Identification Wall Sign Tenant - (Tenants discretion with landlord approval) Fonts Copy - Benjamin Moore Cheating Heart 1617 Accent Bar - Metallic Silver Colors 01 MEDICAL OFFICE BUILDING 6.1 46.25 Square Feet 6.2 46.25 Square Feet Sign Area Calculations 2'-1" 5" 3"2 1/2" 6" Medical Office Identification Wall Sign 3” deep, fabricated, 1/8” wall, halo-lit aluminum channel letters with cool-white, LED illumination. Base mounted to fabricated painted aluminum accent. 01 Med Office Building - North Elevation Scale: 1/32" = 1'-0" 1 Side View Detail Scale: 3/8" = 1'-0" 3 Front View Detail Scale: 1/4" = 1'-0" 2 6.1 18'-6" 2'-6"2'-1" 5" 01 Med Office Building - South Elevation Scale: 1/32" = 1'-0" 2 6.2 7.1.g Packet Pg. 356 FIGURE 8 Hotel Identification Wall Sign Nationally recognized corporate logo style (trademark) or custom design as approved by landlord. Colors varies 4"2" Hotel Identification Wall Sign 4” deep, fabricated, 1/8” wall, halo-lit aluminum channel letters with red or white, LED illumination. Pin mounted to wall surface. Side View Detail Scale: n.t.s. 5 7.1 7.4 7.2 7.3 7.1 125.0 Square Feet (125.0 Allowed by code) Sign Area Calculations 7.2 66.0 Square Feet (66.0 Allowed by code) 7.3 80.0 Square Feet (125.0 Allowed by code) 7.4 66.0 Square Feet (66.0 Allowed by code) Hotel Building North Elevation Scale: 1" = 60'-0" 4 Hotel Building South Elevation Scale: 1" = 60'-0" 1 Hotel Building West Elevation Scale: 1" = 60'-0" 2 Hotel Building East Elevation Scale: 1" = 60'-0" 3 17'-9 1/2" 7'-0" 14'-3" 5'-7" 13'-0" 5'-1" 13'-0" 5'-1" 7.1.g Packet Pg. 357 NORTH FIGURE 9 PROPERTY DIMENSIONS & LINE OF SIGHT EXHIBIT Project Identification Monument Sign (Located 10’ back of property line) Quick Service Restaurant Identification Pylon Sign (Existing) Medical Office Identification Monument Sign Quick Service Restaurant Identification Monument Sign 7.1.g Packet Pg. 358 Brea Canyon Business Park Comprehensive Sign Program 03-25-22 7.1.g Packet Pg. 359 NORTH 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program Sign Location Plan Scale: 1” = 80’-0” 1 SLP 03-25-22 Sign Location Plan 1.1 7.4 2.1 7.1 4.1 7.3 6.2 6.1 7.2 3.1 5.4 5.5 5.6 5.3 5.2 5.1 Sign Type Summary No. Sign Types Qty. 1 Project Identification Monument Sign 1 2 Quick Service Restaurant Identification Pylon Sign (Existing) 1 3 Quick Service Restaurant Identification Monument Sign 1 4 Medical Office Identification Monument Sign 1 5 Quick Service Restaurant Identification Wall Sign 6 6 Medical Office Identification Wall Sign 2 7 Hotel Identification Wall Sign 4 X.X Legend Sign Location Sign Type Location ProjectContact Sheet NumberSheet Title Date 7.1.g Packet Pg. 360 TENANT SIGNAGE TENANT SIGNAGE TENANT SIGNAGE 868 878 888 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program 1 03-25-22 Project Identification Monument Sign Project Identification Monument Sign Double sided fabricated sign structure with stone cladded base, painted aluminum body cabinet and internal illumination. Graphics to be push-thru translucent acrylic with translucent vinyl face overlays. Details Scale: 1/2" = 1'-0" 1 ProjectContact Sheet NumberSheet Title Date 1.1 70.5 Square Feet (72.0 Allowed by code) Sign Area Calculations 10'-0"1'-6" 10'-0" 4 3/4" 1'-0" 7 1/2" 4 3/4" front side 7.1.g Packet Pg. 361 TENANTSIGNAGE ProjectContact Sheet NumberSheet Title Date front side 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program 2 03-25-22 Quick Service Restaurant Identification Pylon Sign (Existing) Quick Service Restaurant Identification Pylon Sign (Existing) Refurbish existing double sided fabricated sign structure with new paint & stone cladded column bases. New sign panels to be translucent acrylic with vinyl face overlays. Details Scale: 1/8" = 1'-0" 1 16'-0" (f.v.)3'-0" (f.v.) 65'-0" (f.v.) 60'-0" (f.v.) 5'-0" (f.v.) 7.1.g Packet Pg. 362 RESTAURANT TENANT RESTAURANT TENANT 868 ProjectContact Sheet NumberSheet Title Date 3.1 7.0 Square Feet (20.0 Allowed by code) Sign Area Calculations 4'-7"9" 3'-6" 3 3/8" 3" front side 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program 3 03-25-22 Quick Service Restaurant Identification Monument Sign Quick Service Restaurant Identification Monument Sign Single sided fabricated sign structure with stone cladded base, painted aluminum body cabinet and internal illumination. Graphics to be push-thru translucent acrylic with translucent vinyl face overlays. Details Scale: 1" = 1'-0" 1 7.1.g Packet Pg. 363 OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT OFFICE TENANT 888 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program 4 03-25-22 Medical Office Identification Monument Sign Medical Office Identification Monument Sign Single sided fabricated sign structure with stone cladded base, painted aluminum body cabinet and internal illumination. Graphics to be push-thru translucent acrylic with translucent vinyl face overlays. Details Scale: 1" = 1'-0" 1 ProjectContact Sheet NumberSheet Title Date 4.1 20.0 Square Feet (20.0 Allowed by code) Sign Area Calculations 6'-9"9" 4'-6" 2 1/2" 3" front side 7.1.g Packet Pg. 364 ProjectContact Sheet NumberSheet Title Date 5.1 31.25 Square Feet (31.25 Allowed by code) 5.2 31.25 Square Feet (31.25 Allowed by code) 5.3 31.25 Square Feet (31.25 Allowed by code) 5.4 31.25 Square Feet (31.25 Allowed by code) 5.5 31.25 Square Feet (31.25 Allowed by code) 5.6 31.25 Square Feet (31.25 Allowed by code) Sign Area Calculations 2'-2" 4" 3"1 1/2" 5" 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program 5 03-25-22 Quick Service Restaurant Identification Wall Sign Quick Service Restaurant Identification Wall Sign 3” deep, fabricated, 1/8” wall, halo-lit aluminum channel letters with cool-white, LED illumination. Base mounted to fabricated painted aluminum accent. Side View Detail Scale: 3/4" = 1'-0" 3Front View Detail Scale: 1/2" = 1'-0" 2 QSR1 Building East Elevation Scale: 1/8" = 1'-0" 1 5.1 5.2 5.3 12'-6" 2'-6"2'-2" 4" 23'-0" 35'-9"23'-0"25'-0" 7.1.g Packet Pg. 365 ProjectContact Sheet NumberSheet Title Date 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program 5.1 03-25-22 Quick Service Restaurant Identification Wall Sign QSR1 Building West Elevation Scale: 1/8" = 1'-0" 1 5.4 5.5 5.6 23'-0" 35'-9"23'-0"25'-0" 7.1.g Packet Pg. 366 ProjectContact Sheet NumberSheet Title Date 6.1 46.25 Square Feet 6.2 46.25 Square Feet Sign Area Calculations 2'-1" 5" 3"2 1/2" 6" 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program 6 03-25-22 Medical Office Identification Wall Sign Medical Office Identification Wall Sign 3” deep, fabricated, 1/8” wall, halo-lit aluminum channel letters with cool-white, LED illumination. Base mounted to fabricated painted aluminum accent. 01 Med Office Building - North Elevation Scale: 1/16" = 1'-0" 1 Side View Detail Scale: 3/4" = 1'-0" 3 Front View Detail Scale: 1/2" = 1'-0" 2 6.1 18'-6" 2'-6" 2'-1" 5" 7.1.g Packet Pg. 367 ProjectContact Sheet NumberSheet Title Date 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program 6.1 03-25-22 Medical Office Identification Wall Sign 01 Med Office Building - South Elevation Scale: 1/16" = 1'-0" 1 6.2 7.1.g Packet Pg. 368 ProjectContact Sheet NumberSheet Title Date 7.1 7.4 7.2 7.3 7.1 125.0 Square Feet (125.0 Allowed by code) Sign Area Calculations 7.2 66.0 Square Feet (66.0 Allowed by code) 7.3 80.0 Square Feet (125.0 Allowed by code) 7.4 66.0 Square Feet (66.0 Allowed by code) varies 4"2" 26432 Las Alturas Avenue, Laguna Hills, CA 92653 Ph. (949) 360-5750 Fx. (949) 643-2863 thedesignfactor@cox.net www.thedesignfactor.biz Brea Canyon Business Park Comprehensive Sign Program 7 03-25-22 Hotel Identification Wall Sign Hotel Identification Wall Sign 4” deep, fabricated, 1/8” wall, halo-lit aluminum channel letters with red or white, LED illumination. Pin mounted to wall surface. Hotel Building North Elevation Scale: 1" = 30'-0" 4 Hotel Building South Elevation Scale: 1" = 30'-0" 1 Hotel Building West Elevation Scale: 1" = 30'-0" 2 Hotel Building East Elevation Scale: 1" = 30'-0" 3 Side View Detail Scale: 3/4" = 1'-0" 5 17'-9 1/2" 7'-0" 14'-3" 5'-7" 13'-0" 5'-1" 13'-0" 5'-1" Nationally recognized corporate logo style (trademark) or custom design as approved by landlord. Colors 7.1.g Packet Pg. 369 Project Status Report CITY OF DIAMOND BAR April 12, 2022 COMMUNITY DEVELOPMENT DEPARTMENT LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING AP = ASSIGNED PLANNER PC = PLANNING COMMISSION CC = CITY COUNCIL PROPERTY LOCATION PLANNING COMMISSION REVIEW File # AP Applicant PC 4/12/22 CC 4/19/22 PC 4/26/22 CC 5/3/22 PC 5/10/22 CC 5/17/22 850 Brea Canyon Rd. (Modification to hotel and office project) TPM/CUP/MCUP/DR/PP/CS P PL2017-169 GL Philip Lee PH Crooked Creek (7-unit subdivision) VTTM, DR, CUP, TP PL2017-203 MN New Bridge Homes PH ADMINISTRATIVE REVIEW Property Location AP Applicant None PENDING ITEMS Property Location File # AP Applicant Status 1625 Bears Den Rd. (Addition to single family residence) DR PL2021-01 MN Pete Volbeda Second incomplete letter sent 8/31/21 – waiting for additional information 2020 Brea Canyon Rd. (2-Lot Subdivision) TPM PL2022-07 GL Nathaniel Williams First Incomplete Letter Sent 02/22/22 – waiting for additional information 1198 Chisolm Trail Dr. (New single-family residence) DR PL2021-51 JT/DT Michael Wu First incomplete letter sent 7/21/21 – waiting for additional information 20221 Damietta Dr. (Addition and remodel to single-family residence) DR PL2021-83 MN/ DK Chen Lee Second incomplete letter sent 3/8/22 – waiting for additional information 2001 Derringer Ln. (2-lot subdivision) TPM 83036/DR PL2021-46 MN Gurbachan S. Juneja Second incomplete letter sent 3/4/22 – waiting for additional information Gentle Springs Ln. and S. Prospectors Rd. GPA, ZC, VTTM, DR PL2021-23 GL Tranquil Garden LLC First incomplete letter sent 4/16/21 – waiting for additional information 2234 Indian Creek Rd. (New single-family residence) DR PL2020-159 MN Jeffrey Sun Second incomplete letter sent 9/30/21 – waiting for additional information 22909 Lazy Trail Rd. (Addition and remodel to single family residence) DR, MCUP PL2021-05 JT/DT Walt Patroske Under review 23545 Palomino #F (Alcohol license for beer and wine) MCUP PL2022-18 DK Rockhold Ave LLC for Basil and Co. Under review 9.1 Packet Pg. 370 Project Status Report CITY OF DIAMOND BAR Page 2 April 12, 2022 COMMUNITY DEVELOPMENT DEPARTMENT PENDING ITEMS (continued) Property Location File # AP Applicant Status 23121 Ridge Line Rd. (New single-family residence) DR PL2020-31 MN Pete Volbeda Third incomplete letter sent 8/13/21 – waiting for additional information 23712 Ridge Line Rd. (New single-family residence) DR PL2022-01 GL/ DT Peng Jiang Under review Walnut Valley Unified School District (Billboard Ordinance) PL2021-43 GL/ MN WVUSD Under review 9.1 Packet Pg. 371 CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) I, Stella Marquez, Administrative Coordinator for the City of Diamond Bar, CA, declare as follows: I hereby certify, under penalty of perjury under the laws of the State of California that on April 7, 2022, 1 posted the April 12, 2022, Planning Commission Agenda, pursuant to Government Code Section 54950 et.seq. at the following locations: Diamond Bar City Hall, 21810 Copley Drive SCAQMD/Government Center, 21865 Copley Drive Heritage Park, 2900 Brea Canyon Road Diamond Bar Library, 21800 Copley Drive City website: www.diamondbarca.gov Executed on April 7, 2022, at Diamond Bar, California. Stella Marquez Community Develop ent Dept. k����Amaa�eroxn��.ao�