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HomeMy WebLinkAbout07/22/1997ILY 229 1997 6:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Cba0irman Commissioner Commissioner Commissioner Toe Ruzicka Don Schad Franklin Fong Mike Goldenberg Toe McManus Copies of staff reports or other wri[ten documentation relating to agenda items are on file in the Community Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396 5676 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 396 5676 a minimum of 72 hours prior to the scheduled meeting. RU@UPCAGffiJDAG6D Please refrain from smoking, eating or drinking � 'r,� The City o f Diamond Bar uses recycieQ paper {n the Aud{torium �+gs4 ' and encourages you to do the same. CITY OF DIAMOND BAR PLANNING COMMISSION AGENDA Tuesday, July 22, 1997 Next Resolution No. 97-11 CALL TO ORDER: 6:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice Chairman Don Schad, Mike Goldenberg, Franklin Fong, and Joe McManus 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the W.e Hititwhenddt t ' ,tt t• Coiffrt 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 Commission only: 3.1 Minutes of July 8, 1997 4. OLD BUSINESS: None C,i�ta�►5t�_ 311.Y t►l�Y.�►6iiTa 5.1 Draft Parks Master Plan 6.1 Draft Development Code (Zoning Code Amendment ZCA 97-1) Article I: Purpose and Applicability of Development Code Article VI: Development Code Administration Article VII: Definitions RECOMMENDATION: It is recommended that the Planning Commission review Articles I, VI and VII of the Development Code and make an informal 1 recommendation. A formal recommendation will be made at the conclusion of the review process. 6.2 Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 964, Oak Tree Permit No. 964 and Zone Change 964 (pursuant to Code Sections Title 21, 22.56.215, 22.26 Part 16 and 22.16, Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of A-2-2 to R-1-40,000. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane, Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Blvd., Suite 300, Torrance, CA 90503 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that an Environmental Impact Report is required for this project. An Environmental Impact Report No. 97-1 (SCH No. 96071104) has been prepared and is available for public review. RECOMMENDATION: Staff recommends that the Planning Commission open the public hearing and receive comments on the Draft Environmental Impact Report and Project Entitlement and continue the public hearing to August 12, 1997, 7. PLANNING COMMISSION ITEMS: 8. INFORMATIONAL ITEMS: 9. SCHEDULE OF FUTURE EVENTS: CONCERTS IN THE PARK -July 23, 1997, 6:30 p.m. Sycamore Canyon Park, 22930 Golden Springs Drive -Crazy Rhythm Hot Society -Roaring 20's PARKS &RECREATION COMMISSION -July 24, 1997 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Drive. PLANNING COMMISSION -July 29, 1997 - 6:00 p.m., AQMD Board Hearing Room, 2186 E. Copley Drive -Special Development Code Meeting, Articles I, VI and VII. CONCERTS IN THE PARK -July 30, 1997, 6:30 p.m. Sycamore Canyon Park, 22930 Golden Springs Drive -Mid West Coast -Top 40 Contemporary CITY COUNCIL -August 5, 1997 - 6:30 p.m. -AQMD Auditorium, 21865 E. Copley Drive. 2 CONCERTS I IN THE PARK - August 6, 1997, 6:30 p.m. Sycamore Canyon Park, 22930 Golden Springs Drive - Bobby Cochran and the Rock around the Clock Show TRAFFIC &TRANSPORTATION - August 14, 1997 - 7:00 p.m. - AQMD Board Hearing Room, 21865 E. Copley Drive, 10. ADJOURNMENT: Tuesday, August 12, 1997 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMIS' JULY 8, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:00 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner McManus. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad, Commissioners Goldenberg and McManus. Absent: Commissioner Fong. Also Present: Deputy City Manager James DeStefano and Associate Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of June 24, 1997. C/Goldenberg made a motion, seconded by VC/Schad to approve the minutes of June 24, 1997 as submitted. The motion was approved 3-0-1 with C/McManus abstaining. OLD BUSINESS: 1. Conditional Use Permit No. 92-9(1) and Development Review No. 97-3 is a request (pursuant to Code Section 22.28.110.A.) to alter the existing telecommunications facility by adding a wall mounted microwave dish and enlarging the wall mounted cellular antennas. Property Location: 23555 Golden Springs Drive, Diamond Bar, CA 91765 Property Owner: Carole Anderson, Torito Plaza Partnership, 23555 Golden Springs Drive, Suite A, Diamond Bar, CA 91765 Applicant: AirTouch Cellular, 3 Park Plaza, Irvine, CA 92714 AP/Lungu stated the referenced project was presented to the Commission on May 13, 1997. At that time, the Commission opened the public hearing, closed the public hearing and tabled the project pending City Council action on a proposed moratorium for telecommunication facilities. JULY 81 1997 PAGE 2 PLANNING COMMISSION As the Commission knows, the City Council has been entertaining this moratorium since May 6, 1997. Due to the Permit Streamlining Act, the Commission must take action on the referenced project at this meeting. The proposed project has not changed. Attached is the May 13, 1997 staff report, draft resolution and exhibits. Staff recommends that the Planning Commission approve Conditional Use Permit No. 92-9(1) and Development Review No. 97-3, Findings of Fact and conditions of approval as listed within the resolution. Eric Meurs, AirTouch Cellular, responded to VC/Schad that it is possible for other cellular providers to utilize their facility site if the property owner provides a lease and the City approves the installation. The proposed upgrade will not necessitate a power increase. C/McManus asked if the applicant is aware of the controversy surrounding the Darrin Drive installation site. Mr. Meurs responded he is aware that the proposed installation has stirred controversy due to its proximity to residential. C/McManus stated the residents are concerned about possible radiation effects. However, AirTouch's current installation is within immediate proximity to employees within the sites building. Mr. Meurs stated the current installation has been operating for approximately five years with no negative impacts. The installation operates within the thresholds permitted by the FCC. AirTouch adheres to all safety guidelines. There are no potential adverse health effects from this installation. C/McManus stated he is aware of the circumstances. However, it is an almost identical installation proposed at the Darrin Drive site with respect to EMF's. Mr. Meurs concurred. VC/Schad again asked if Cox could co -locate with AirTouch at its current location. Mr. Meurs reiterated that AirTouch permits co -location. However, he is not aware of Cox's Darrin Drive site system design and operating requirements, and whether the AirTouch site is suitable. AP/Lungu responded to Chair/Ruzicka that 218 notices were mailed to property owners within a 500 foot radius of the site. The Planning Department has not received one Jtii.V S. 1997 PAGE 3 PLANNING COMMISSION inquiry regarding Conditional Use Permit No. 92-9(1) and Development Review No. 97-3. Chair/Ruzicka referred the Commission and staff to a Thursday, July 3, 1997 Los Angeles Times article which states "The magnetic fields generated by electric power lines and household appliances do not appear to cause leukemia in children according to the largest, most thorough study yet of a question .that has worried and even panicked many Americans for nearly two decades. The, eight year, $4.5 million National Cancer Institute study of more than 1200 children should help ease one of the most insidious health scares in recent memory. The new evidence is a "turning point" in the controversy, said Doctor Demetrius Trichopoulos, chief of epidemiology at the Harvard School of Public Health." Chair/Ruzicka said the article continued quoting other experts who agree with the findings. He indicated that so far as he is concerned, there is no danger to the public from cellular site installations so long as Federal guidelines and regulations are adhered to and followed. C/Goldenberg stated he is confused about why residents seem to be very concerned about radiation factors effects at the Darrin Drive site while paying no attention to this site which is located on a building which houses workers. In addition, lie is confused abou� why VC/Schad is concerned about the Darrin Drive site which is located below grade and does not have the same type of concerns about this location. The Planning Commission went to great lengths to make. certain that the Darrin Drive site was obscured from view. The site under consideration tonight will be visible. He said he is surprised that the residents who voiced. concerns about the Darrin Drive project are not present for tonight's public hearing. He stated he does not believe either site will present a problem. The Commissioners requested clarification from staff regarding City Council's continuing deliberation of telecommunications facilities installations. Following discussion, C/McManus moved, C/Goldenberg seconded, to approve Conditional Use Permit No. 92-9(1) and Development Review No. 97-3, Findings of Fact and conditions of approval as listed within the resolution. The motion was approved 3-0-1 with the following Roll Call vote: AYES: COMMISSIONERS: McManus, Goldenberg, Chair/Ruzicka NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None VC/Schad Fong JULY 81 1997 PAGE 4 PLANNING COMMISSION NEW BUSINESS: 1. Draft Parks Master Plan. Community, Services Director .Bob Rose presented an overview of the Draft Parks Master Plan which will be presented to the City Council on August 19, 1997. The study concluded that there is currently insufficient park space to meet the community's park needs. However, there is sufficient land available in Diamond Bar to'meet the General Plan stated goal of five parkland acres per 1000 residents. In order to meet the community's needs, the City will need to enter into Joint Use Agreements with Pomona Unified School District and Walnut Unified School District. Jim Pickel, Purkiss Rose, RSI, spoke about the elements of the Draft Parks Master Plan and the means;by which the plan was formulated and may be implemented. He pointed out the primary concerns of the plan, as follows: Promote and encourage good joint use agreements, land use acquisition, implementation of park standards and lighting of sports fields. CSD/Rose responded to Chair/Ruzicka that staff sent copies of the Draft Parks Master Plan to each of the school district's assistant superintendents. The response has been positive with respect to the plan's concept. VC/Schad commended staff and the consultant on their presentation of the Draft Parks Master Plan. He asked if the City could negotiate with Arciero for acquisition of Sandstone Canyon land to be set aside for open space. He asked if the study determined hiking trails through Tonner Canyon into the northeast portion of "The Country Estates". He asked if the plan contemplates a community swimming pool. He inquired as to whether or not the City has solicited conservancies for help with the City's Parks Master Plan. CSD/Rose stated the City is negotiating with the Walnut Unified School District for a Larkstone Park site replacement. In order to implement a trails program in Diamond Bar, the City needs to complete a Trails Master Plan document which is separate from the Parks Master Plan. The Parks Master Plan contemplates a joint use agreement with one of the high schools for a community swimming pool facility. CSD/Rose suggested VC/Schad contact the City's recreation department to assist with, nature hikes and programs. Responding to Chair/Ruzicka, CSD/Rose stated that due to increaseA utility costs, he expects the City's parks maintenance budget to increase. The Draft Parks Master TTTT V a 'I Q9'7 PAGE 5 PLANNING COMMISSION Plan recommends three park classifications to be used to determine current and future park land acquisition needs. Chair/Ruzicka suggested that all interested parties be included in the process toward adoption and implementation. Debby O'Connor, Parks and Recreation Commission Vice Chairman, said she feels the consultants have done an excellent job in formulating the Draft Parks Master Plan. The Commission and staff have made every effort to involve the public, school officials and sports organizations in the process. Dcm/De Stefano referred the Commission to several developer projects that have resulted in monetary contributions toward parkland upgrades as well as, parkland and open space acquisition. Chair/Ruzicka congratulated CSD/Rose, Purkiss Rose, RSI and the Parks and Recreation Commission for their contributions to the Draft Parks Master Plan. CSD/Rose invited the Commissioners to attend the Thursday, July 10, 1997 Parks Master Plan workshop at the Heritage Park Community Center. PUBLIC HEARING - None PLANNING COMMISSION ITEMS: C/Goldenberg stated the Diamond Bar Improvement Association is seeking volunteers to paint two Diamond Bar houses on July 26 and 27, 1997 as part of its beautification and rehabilitation program. The houses are located on Sunbright Drive and Castle Rock Road. Volunteers are asked to telephone (909) 595-6705. INFORMATIONAL ITEMS: DCM/DeStefano outlined his duties as newly appointed Deputy City Manager. He updated the Commission on budget matters, the Development Code process, future projects to come before the Planning Commission and his participation in COGS. SCHEDULE OF FUTURE EVENTS: As presented in the agenda. JULY 8, 1997 PAGE 6 PLANNING COMMISSION ADJOURNMENT: There being no further business to come before the Planning Commission, VC/Schad moved, C/McManus seconded, to adjourn the meeting. Chair/Ruzicka adjourned the meeting at 8:20 p.m. to July 22, 1997. Attest: Joe Ruzicka Chairman Respectfully Submitted, James DeStefano Deputy City Manager AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: APPLICATION REQUEST: PROPERTY LOCATION: APPLICANT: City PLANNING 6.1 June 25, 1997 July 22, 1997 of Diamond Bar COMMISSION Staff Report A request for review of the following Articles of the City of Diamond Bar, Comprehensive Development Code:. Article I - Purpose and Applicability of Development Code; Article V I - Development Code Administration, Article VII - Definitions Citywide City of Diamond Bar. SUMMARY: The attached Articles comprise the foundation of the comprehensive Development Code and provide the framework for the remaining Articles. It is therefore appropriate that the Planning Commission's review begin with these Articles. Article I -Purpose and Applicability of Development contains the operational rules and provisions which are applicable to the entire Code, Article -VI -Development Code Administration includes the procedural requirements for all administrative and legislative reviews, appeals and enforcement, and Article VII-Development Code Definitions presents the development related definitions of terms used throughout the Code. 1 The American Planning Association's report Preparing a Conventional Zoning Ordinance advises, "Do not overlook the importance of these often neglected provisions. General provisions establish common operating rules for the administration, use and interpretation of the zoning code. These operating rules allow the code to be interpreted in a consistent manner. General provisions also allow the code to be written without having to use repetitive language." The following report briefly describes the contents of each Article, highlighting issues that may need further discussion. A comparison is presented of the current Planning and Zoning Code and the proposed Development Code Articles. This is to illustrate what will be achieved through the adoption of a new Code and to clarify what is being changed and what is being retained. ARTICLE 1 - PURPOSE AND APPLICABILITY OF DEVELOPMENT CODE: As previously stated, the purpose of the Development Code is to implement the policies of the General Plan. This is done by classifying and regulating the uses of land and structures within the City. Article I describes how this purpose is fulfilled by the Code. The Development Code is applied to all land, structures, subdivisions, and development within the City. Article I describes how the provisions of the Code are applied to property within the City. Article I also describes the general requirements for the approval of new development and land uses in the City. Permitting requirements for specific land uses are established in subsequent Articles. Projects which are exempt from land use approval requirements are also listed. Land use activities such as fences and walls below 42" in height and interior remodeling are exempted from land use approval requirements. This streamlines and simplifies the process for the homeowner, as long as these projects are in compliance with the minimum Code standards. The Rules of Interpretation is an important Chapter in this Article. Rules for resolving questions about the meaning or applicability of any Part of the Development Code are provided to ensure consistent interpretation of the Code and General Plan. Placing these rules in one location at the beginning of the Code is extremely helpful to planners and developers. Definitive rules for interpreting the fractional results of dividing a parcel of land and determining minimum lot areas (ra and residential densities are critical in determining whether a project is in compliance with Code regulations and as well as impact its design. Current Planning and Zoning Code and Proposed Development Code A direct comparison between Article I and the similar portion of the current Planning and Zoning Code is difficult because there isn't one section which includes all the information contained in Article I. Introductory Provisions are provided in the current Code, but are brief and don't establish the purpose and intent as comprehensively as Article I. Separate chapters describe the duties and authority of the hearing officer, zoning map boundaries and fences and walls exempt from land use approval requirements. And if you want to find out if "days" refers to calendar or business days, you're on your own. One of the most important differences is the generic nature of the current Planning and Zoning Code, which was necessitated by the needs of the County, rather than the needs of an individual community. Article I describes the purpose and intent of a Development Code created specifically for the needs of the City of Diamond Bar. Also note that the Introductory Provisions of the current Code includes one section addressing the "Interpretation of Language," as compared to the proposed Code which devotes an entire chapter to this topic; covering everything from language to calculations, to zoning boundaries. Article I includes critical information addressing the operational rules and provisions applicable to the entire Code. Providing this information in one location at the beginning of the document is one example of how the proposed Code improves on the current Code in terms of clarity, comprehension and "user friendliness." ARTICLE VI - DEVELOPMENT CODE ADMINISTRATION Article VI describes the authority and responsibilities of the Council, Commission, Community Development Department and City staff for all legislative reviews, appeals and enforcement. Because of recommended changes in the proposed Development Code, the nonconformity and public hearing chapters are discussed in more detail below. 3 Nonconforming Uses, Structures, and Parcels Provisions for nonconforming uses and structures are also included in Article VI, implementing the General Plan which states "A major goal of the community is to protect existing neighborhoods and their character. In some cases, the desire to protect the character of existing neighborhoods may require remedial action to eliminate uses that are not compatible or are not appropriate for a specific area." The City's current regulations allow a nonconforming use, or a building, which is nonconforming due to its use or standards, to be maintained, provided there is no alteration, enlargement or addition to the building and no increase in occupant load or enlargement of the area or space occupied or devoted to such use. The continuation of the use for a specific period of time, as enumerated in the Code, depends on the type of non -conformity. There are specific exceptions allowing limited expansion, repair or reconstruction of nonconforming buildings that have been partially damaged and allowing the completion of structures for which building permits were issued prior to the adoption of the new regulations. The current Code includes provisions for uses that are nonconforming due to parking, allowing them to be occupied by any use permitted in the zone as long as it has the same or lesser parking requirements as the previous use. The proposed Development Code also addresses parking noncomormities within the parking standards which are included within Article III. Essentially, this section states that existing uses with parking shortfalls of greater than 25% would be required to prepare a Parking Study demonstrating that adequate parking can be provided. The proposed Development Code's regulations are similar to the current regulations with two exceptions: 1. The proposed regulations address nonconforming parcels. (The current Code addresses undersized lots in a separate chapter.) 2. Nonconformities which are continuously operated or maintained are allowed to continue in perpetuity, subject to the provisions of the nonconformity regulations. The nonconformity will be allowed to continue for its useful life and will eventually be phased out upon discontinuance or the eventual destruction or removal of the use. The proposed regulations do not contain an amortization schedule. The issues for the Planning Commission to consider are: 1. Should nonconforming should there, be an nonconforming uses or 2. Promoting businesses Should the expansion (beyond the limits of benefit to the City is Public Hearings uses be continued in perpetuity, or amortization schedule for specific structures? within the City is very important6 or intensification of a nonconformity the proposed Code) be allowed if a demonstrated? Article VI also establishes the procedures for public hearings, including notification requirements. These procedures have been simplified for clarity and for consistency. The current Code's notification requirements vary by project type. Projects subject to Administrative Development Review and Development Review, require a 300' radius notification, 10 days prior to pubic hearing. Subdivisions and projects subject to a Conditional Use Permit require a 500' radius notification, 20 days prior to the public hearing. The draft Code proposes a 10 day notification period for all projects, consistent with State law and establishes a minimum radius of 500.' Please note however, that project's requiring a Negative Declaration or Environmental Impact Report (EIR), will still be subject to the California Environmental Quality Act (CEQA) notification requirements. Using the 500' radius as the minimum distance, differing distance requirements of up to 1,000 feet are established to accommodate variations in project size and topography to ensure a project is adequately noticed. Current Planning and Zoning Code and Proposed Development Code The Administrative provisions of the current Code are located in the back of the Code, as are the proposed regulations, because they are generally for the use of the decision makers and staff members. The information that is addressed is generally the same, except that in the current regulations, nonconformities, zoning map amendments, permit implementation are addressed in separate chapters. As with Article I, the primary difference is that this Article is written and geared to the specific needs of the City. ARTICLE VII_ - DEVELOPMENT CODE DEFINITIONS This Article includes the definitions of development terms that will be used throughout the remaining Articles of the Code. The list of terms has been updated and includes definitions of contemporary land uses (such as telecommunications facilities) although many of the same definitions have been integrated into the new list. The definitions have been placed at the back of the Code, because that is where people intuitively look. Also, graphics have been included where an illustration helps clarify a definition. This Article is an important reference tool for reviewing the rest of the Code. Definitions may be added to this Article throughout the process as needed. ENVIRONMENTAL REVIEW Pursuant to the terms of the California Environmental Quality Act (CEQA), the City has determined that this project will not have a significant effect on the environment and Negative Declaration (ND 97-3) has been prepared. The Negative Declaration will be adopted at the time the Planning Commission makes a recommendation on the entire Development Code document. RECOMMENDATION It is recommended that the Planning Commission review the attached Articles of the Development Code and make an informal recommendation. A formal recommendation on the entire Development Code will be made at the conclusion of the review process. 0 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO; CHAIRMAN AND PLANNING COMMISSION ./ FROM: CATHERINE JOHNSON, SENIOR PLANNER ( � SUBJECT: BEGINNING THE DEVELOPMENT CODE REVIEW PROCESS DATE: DUNE 27, 1997 INTRODUCTION Attached are the administrative drafts of Articles I, VI and VII of the Development Code, These Articles represent an important milestone in the sixteen month process which began last July. With the presentation of these Articles, the Planning Commission and public review phase of the draft Development Code begins, culminating in a recommendation to the City Council in September. Presentation of the draft Development Code also brings the City Council one step closer towards meeting one of their, most important goals for this year. The following memorandum is presented as an introduction to this phase of the process. For the purposes of background and review, a discussion of the legal authority, purpose, contents and scope of a comprehensive Development Code is presented. Also included is a brief summary of the major steps in the process of creating the Code and a discussion of its format and organization. WHAT IS A DEVELOPMENT CODE? Upon incorporation, the City adopted the County of Los Angeles' Planning and Zoning and Subdivision Codes. In addition, in response to local issues and development needs, several ordinances have been adopted addressing development review, signs, hillside management, modified side yard setbacks, property maintenance standards and modified uses for the Commercial Manufacturing zone. Planning Commission Memorandum June 27, 1997 Page 2 In conformance with state law, Water Efficient Landscape regulations, and a Congestion Management ordinance have also been adopted. Collectively, these documents and ordinances determine how development will occur on property within the City. The proposed Development Code will include zoning and subdivision regulations and integrates the ordinances listed above. It will be expanded to include a tree preservation ordinance, development standards for specific land uses such as telecommunications facilities and city-wide design guidelines. The new Development Code will encompass all the land development regulations that must be followed to complete a new land use activity within the City. It will reference, although it will not include, building and other codes such as fire, pubic works (street specifications, improvement standards) and applicable sections of the Municipal Code. In creating a new Development Code, staff did not arbitrarily throw out the current Code's regulations or significantly change the permitted uses in established zones. The existing Codes have been thoroughly reviewed and where appropriate, existing standards retained. The goal isn't to create non -conformities or start "from scratch" which would be inappropriate in a developed community. It is to update and refine the existing regulations and eliminate obsolete standards and inconsistencies to ensure that new development is consistent with the General Plan and compatible with the existing pattern of land uses. NEED FOR A COMPREHENSIVE DEVELOPMENT CODE The City adopted its General Plan in July of 1995. The General Plan is a comprehensive document establishing goals, objectives and strategies to fulfill the community's vision for its future. This vision includes the retention of the hillside community character, the preservation of open space, the reduction of regional traffic impacts on local streets, the promotion of viable commercial activity, and the provision of well maintained and attractive housing. As a result of the adoption of the General Plan, it became apparent that the existing Code was outdated and ill -suited to meet the City's 2 Planning Commission Memorandum June 27, 1997 Page 3 needs. The decision was made to significantly revise and update the current Code. The purpose of the new Development Code is to implement the policies of the General Plan through classifying and regulating the uses of land and structures, to insure consistency with new state laws and regulations, and to create standards in keeping with modern development practices as well as community values. The following areas have been identified which were either lacking in the current Code, or needed to be significantly revised to address the specific needs of the City: Home occupations; Second dwelling units; Expanded definitions; Lot coverage standards and applicable density ranges; Revised parking standards; Revised sign standards; Revised and updated list of permitted uses; • Development standards for specific uses such as fast food restaurants; Establishment of an overlay district for "The Country Estates;" Residential wall and fencing standards for hillside areas; Slope density formula Revised landscaping standards; • Tree preservation ordinances; • Standards for satellite dishes and LEGAL FOUNDATION FOR THE DEVELOPMENT CODE State Planning and Zoning Law (Sec. 65300) requires that each county and city adopt "a comprehensive, long term general plan for the physical development of the county or city, and any land outside its boundaries which in the planning agency's judgment bears relation to its planning." The general plan has been described as the "constitution for all future developments within ,the city or county." 3 Planning Commission Memorandum June 27, 1997 Page 4 All local decisions affecting land use and development must conform with the general plan. A general plan is a policy document. It establishes broad community land use goals, objectives and strategies but does not contain the regulations and standards that determine how a development project is to be built. For example: General Plan Objective 2.2 states that the City shall "Maintain an organized pattern of land uses which minimize conflicts between adjacent land uses." In order to implement this objective, the development code identifies uses permitted in specific zones and contains development standards such as setback and landscape buffering requirements. A development code is the primary implementation tool for a general plan. It is the bridge from the general plan to how people utilize their properties. It is not meant to revisit the general plan or to correct any perceived deficiencies within the plan. It is meant to support and implement the general plan and codify its goals and objectives. The legal basis for all land use regulations is the police power given to local jurisdictions by state enabling legislation to protect the health, safety and welfare of its residents. State Planning and Zoning Law, (Sec. 65850) gives cities and counties the authority to adopt ordinances regulating the use of buildings and land, the location, height, bulk and size of buildings, the size and use of lots, yards, courts and other open spaces, maintain building setbacks, establish requirements for offstreet parking and loading and other features of development typically included within development codes. DEVELOPMENT CODE PROCESS The process of creating a new Development Code began in April of 1996 when Requests for Proposals were sent to numerous local consulting firms with expertise in the preparation of development codes. Responses were received from several firms. Based on staff's review of their written proposal, an oral interview and an extensive background check, the City selected the Planning and Zoning Alliance, composed of Urban Design Studio, Crawford Multari Planning Commission Memorandum June 27, 1997 Page 5 and Clark, and Jacobson and Wack, firms with 75 years of cumulative experience in the public and private sectors and recipients of the American Planning Association (APA) Outstanding Planning Award for Plan Implementation, 1992 for the City of San Benardino Development Code. Once the consulting team was selected, the process formally commenced in July of 1996 It began with a staff/consultant kick-off meeting where the major issues and requirements for a new Code were discussed. The Planning staff identified the major issues in the General Plan and provided the consultants with input on how these issues should be addressed. The consultants were also provided with "marked up" copies of the City's existing Codes and ordinances, identifying areas needing revision and areas to be retained. A Planning Commission/Council Workshop was held early in the process (July) to introduce the project and the consultants and to obtain public input on issues to be addressed in the new Code. This Workshop was part of a Public Outreach Program identified in the project's Scope of Work, which also included a Development Code Survey. This survey, consisted of a series of questions on the quality of local development, it was included in the October 1996 issue of the Windmill, which is mailed to every household in the City (approximately 20,000). Surveys were also distributed in a separate mailing to approximately 200 local organizations, schools, religious organizations and developers and made available at City Hall at the Planning Division public information counter. A summary of the results of the survey were published in the February issue of the Windmill. Beginning in December of last year, in accordance with the approved schedule, the consultants submitted draft versions of each Article of the Code. These draft Articles were distributed to staff members in the Planning, Building and Safety and Engineering Divisions, for review and comment. After the comment period, staff met with the consultants to discuss recommended revisions and submit marked -up draft Articles and written comments. This process has been repeated for all seven articles of the Code. These Articles have been 5 Planning Commission Memorandum June 27, 1997 Page 6 revised by the consultants, resubmitted to staff for a second review and submitted to the City attorney, for legal review. A second Council/Commission workshop was conducted in March of this year. At this televised meeting, members of the Council, Commission and the public formed groups to discuss major issues being addressed in the Code. Staff and the consultants also provided an update on the progress of the Development Code and presented the results of the survey. What is presented in this package represents the culmination of many hours of work by City staff and the consultants. The process of creating the Development Code may be compared to the Development Review process. Plans are submitted to the staff and reviewed to ensure conformance with the General Plan, Planning and Zoning Code, and applicable ordinances. If necessary, the plans are revised. The project is presented to the Commission with a report and recommendation based on the staff's expertise and experience. At that time the Commission reviews the project, and makes a decision or recommendation based on their determination of what is most appropriate for the community. In a similar manner, the draft Development Code was submitted to staff, reviewed and revised to ensure that it was well written, comprehensive, legally adequate implemented all the goals, objectives and strategies of the General Plan, and addressed the issues identified by the City Council, Planning Commission and public. The Planning Commission's job is to review this document and make any revisions, additions or deletions that they deem necessary prior to making a recommendation to the City Council. Planning Commission Memorandum June 27, 1997 Page 7 CONTENTS AND ORGANIZATION OF THE DEVELOPMENT CODE The draft Development Code is organized in the following manner: ARTICLE I -Purpose and Applicability of the Development Code ARTICLE II -Zoning District and Allowable Land Uses ARTICLE III -Site Planning and General Development Standards ARTICLE IV -Land Use and Development Permit Procedures ARTICLE V Subdivisions ARTICLE VI -Development Code Administration ARTICLE VII-Definitions The Code has been organized with an emphasis on being "user friendly" to citizens, the development community and staff. The table of contents and the internal structure of the chapters are organized to reflect the sequence in which users of the Code most commonly look to find information. Based on the consultants' and staffs experience, people working with development code documents are most interested in finding whether a specific land use is permitted within a particular zone, what permits are required, and the applicable review authority. Therefore, the Zoning Districts and Allowable Land Uses are located in the second Article of the Code, followed by Site Planning and General Development Standards, and Land Use and Development Permit Procedures, representing the "meat" of the document. The definitions sections is located at the back of the document, because this is where people intuitively look for definitions. Article Vl, Development Code Administration, which is most often utilized by the Planning staff is located towards the end of the document. Site development standards and permitted uses have been organized into easy to read tables wherever possible. Where necessary standards are accompanied by graphics to improve clarity and understanding for the user. The Code also includes cross references to its other relevant provisions, as well as references to potentially applicable regulations 7 Planning Commission Memorandum June 27, 1997 Page 8 (e.g. subdivision, grading, building, environmental etc.) in other documents where appropriate. The proposed Development Code has been designed for clarity and ease of implementation for the public, the development community, local decision makers and the City staff. SUMMARY The Articles of the comprehensive Development Code that will be presented to the Commission over the next several weeks, represents over a year long joint effort between the consultants and staff. The proposed comprehensive Development Code utilizes and integrates existing portions of the current Planning and Zoning and Subdivision Codes and ordinances, expanded to include a tree preservation ordinance, development standards for specific land uses and city-wide design guidelines, in a single development services related document. The input of the public has been solicited through a survey and through public workshops, assisting City staff and the consultants in creating a document that is responsive to the needs of the community. The resulting document has been designed to be clear, comprehensive and tailored to the unique development needs of the City of Diamond Bar. Attachments: Article I -Purpose and Applicability of the Development Code Article VI -Development Code Administration Article VII-Definitions 0 )d d It y, q FINDINGS OF FACT IN SUPPORT OF FINDINGS FOR SIGNIFICANT ENVIRONMENTAL EFFECTS OF THE VESTING TENTATIVE TRACT MAP 50314 PROJECT AND STATEMENT OF OVERRIDING CONSIDERATIONS INTRODUCTION The California Environmental Quality Act (CEQA) Public Resources Code Section 21081, and the CEQA Guidelines Section 15091 provide that: No public agency shall approve or carry out a project for which an environmental impact report has been certified which identifies one or more significant effects on the environment that would occur if the project is approved or carried out unless both of the following occur. The public agency makes one or more of the following findings with respect to each significant effect: a. Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. b. Those changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adopted by that other agency. C. Specific economic, legal, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final environmental impact report. With respect to significant effects which were subject to a finding [under'c' above], the public agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment." Because the Vesting Tentative Tract Map 50314 Environmental Impact Report (EIR) identified significant effects that may occur as a result of the project, and in accordance with the provisions of CEQA and CEQA Guidelines, the City of Diamond Bar hereby adopts these findings as part of the approval of Vesting Tentative Tract Map 5 03 14 and related applications. The City of Diamond Baz has prepared an EIR for the project in accordance with CEQA and CEQA Guidelines requirements. The EIR was subject to review and approval by the City of Diamond Bar City Council. The EIR was certified as adequate in accordance with CEQA procedures, fir adopting this Statement of Findings of Fact, the City of Diamond Bar City Council is allowed to approve Vesting Tentative Tract 50314. All subsequent permits and approvals will i reviewed based ak the documentation in the EIR. The subsequent permits and approval in a conditional use permit, oak tree permits, lot line adjustments, and regulatory permits and agreements. 1 July 10, 1997 WJBl09030022.FND MITIGATED ADVERSE IMPACT The potential significant adverse impacts that would be mitigated are listed below. The Diamond Bar City Council finds that these potential adverse impacts would be mitigated to a level that is considered less than significant after implementation of the recommended mitigation measures with the proposed project. HYDROLOGY AND WATER QUALITY Significant Impact Development of the proposed project would result in short-term water quality impacts occurring during construction activities (i.e., clearing onsite vegetation and grading) such as increasing the amount of onsite erosion and the chance of toxins (i.e., oils, gas, and solvents) from construction equipment exiting the site into Tonner Canyon. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. Prior to the issuance of a grading permit, an erosion control plan for construction activities that describes the siting and maintenance of temporary sediment collection basins shall be prepared and submitted to the City of Diamond Bar for review and approval. Similarly, the use of filter fences, filter dikes, and other construction site BMPs near stormwater system outlets shall be described. • The applicant or his designated general contractor shall be responsible for filing a Notice of Intent (NOI) to be covered by the California General Permit for New Development (a variety of industrial pernrit) under the NPDES Stormwater Discharge Program, The NOI shall be filed with the State Water Resources Control Board at least 90 days prior to the onset of site grading. • The applicant shall ensure that a landscaping installation crew shall begin work within 7 working days after completion of grading. The applicant shall ensure that all irrigation lines are properly installed and functional within 60 days after completion of final grading. WIB/09030022.FND i Jllly 1(), 1997 Significant Impact Development activities, particularly roads and residential structures, will increase the potential stormwater runoff transporting surface water contaminants from roadway surfaces, lawns, driveways and parking lots, and other exposed structural landscape and surfaces into Tonner Canyon. An urban pollution basin, constructed on Lot 14, would collect nuisance flows as well as retard peak runoff flows to enhance water quality through settlement of constituents. However, potential increases in urban runoff contaminants conveyed to the discharge point in the southwestern portion of the site is considered a potentially significant long-term water quality impact. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. e Prior to the issuance of a building pemut, an urban runoff management plan for long-term activities shall be prepared by a qualified hydrologist to control and reduce the amount of surface runoff generated by local precipitation events. Runoff includes nuisance flows and the associated pollutants that may be transported along with stormwater into natural drainages. The urban runoff management plan shall include nonstructural and structural BMPs. The conditions of the plan will be subject to approval by the City Engineer. BIOLOGICAL RESOURCES �nificant Impact Approximately 23.2 acres of walnut woodlands with scrub understory, 8.9 acres of walnut woodlands with non-native grassland understory, and no area of graded/disturbed area would be removed with project development. The removal of the existing vegetation would result in the removal of 136 walnut trees and 68 oak trees. The removal of 136 walnut trees and 68 oak trees is considered a significant impact. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant impacts on the environment. WJB/09030022.FND 3 .July 10, 1997 Facts in Support of Finding The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. • A walnut woodland revegetation program shall be approved by the City of Diamond Bar prior to the issuance of grading permits. The program shall include walnut woodland replacement guidelines that address mitigation site selection, site preparation, irrigation system design, planting (planting sizes and densities by species), and maintenance (weed control, irrigation requirements, and plant replacement). Monitoring guidelines shall be established that will include performance standards (percent survival and percent cover standards for planted species), monitoring methodology, and reporting requirements. To ensure the replacement of ecosystem values and not just of trees, native understory plant species shall be included in the walnut woodland revegetation program. Understory plant species shall be grown and obtained from native plant suppliers. Walnuts and oaks planted in the fuel modification areas shall follow the guidelines. Replacement walnuts and oaks shall be planted within protected open space areas onsite in need of habitat enhancement and where long-term wildlife values can be realized. If this criteria cannot be met onsite, replacement of walnuts and oaks removed by project implementation shall be performed offsite at locations agreed upon by the CDFG and the City of Diamond Bar. An offsite location shall be designated prior to the issuance of a grading permit for VTM 5 03 14. All walnuts removed during project implementation shall be replaced at a ratio of 2:1, with a minimum container size of 5 gallons. Planting shall occur between November and April. Walnut replacement shall not exceed 45 replacement trees per acre (with understory) or 30 trees per acre (without understory). The feasibility of relocating small- to moderate -sized oaks, not currently proposed for relocation, shall be analyzed for use in the oak replacement efforts. Consideration shall be given to collecting oak acorns onsite for germination and use in the oak tree mitigation efforts within a walnut woodland habitat. A revegetation plan to replace oaks in the project area shall be approved by the City of Diamond Bar prior to the issuance of a grading permit. The plan shall include a program to reduce the amount of surface runoff reaching the oak trees within the walnut woodlands habitat. Surface runoff from impermeable surfaces, irrigation systems, and construction areas shall be directed away from oak trees by means of a swale, French drain, or similar device. All oaks within the upland habitat to be removed from the project area as a result of project implementation shall be replaced at a ratio of 4:1. To ensure the replacement of ecosystem values and not just of trees, native understory plant species shall be included in the oak tree replacement program. Oak replacement shall include 224 replacement oaks. Oak replacement shall not exceed 45 replacement trees per acre. All oak tree replacement container stock shall be inoculated with mycorrhizal fungi to enhance plant establishment. Replacement oak trees shall consist of the following mix of sizes: 5 percent - 5 gallon 25 percent - 15 gallon 50 percent - 24-inch box WJJS/UwJW1L.NNll 4 IUIy 1�, 1997 • 20 percent - 36-inch box e The replacement requirements for riparian -associated oaks to be removed by project implementation shall be determined through discussions with the California Department of Fish and Game as part of the State Fish and Game Code, Section 1603 process. The riparian -associated oaks removed as a result of project implementation shall be replaced at a ratio of a minimum of 3:1. Oak replacement shall include 36 replacement oaks in riparian habitat. • Walnut woodland revegetation areas shall be maintained (weed control and supplemental irrigation) by the subdivider for a minimum of 3 years following planting to ensure the successful establishment and long-term survival of the habitat. Irrigation shall be gradually curtailed by the end of the third year to ensure that the woodland plantings can survive without long-term supplemental irrigation. • All oak tree or walnut woodland replacement efforts shall be monitored by the subdivider for a period of 5 years. Yearly monitoring reports shall be submitted to the City of Diamond Bar. These monitoring reports shall document the success of the replacement efforts (percent survival of replacement plantings, percent cover, and height data) and any required remedial actions. At the end of the 5 year monitoring period, the performance standard shall be two five replacement walnut trees for each walnut tree removed and two live replacement oak trees for each oak removed. o Prior to the issuance of a grading permit, a mitigation plan addressing potential impacts on streambed, wetlands, or riparian habitats shall be prepared by the subdivider in conjunction with an application for a U.S. Clean Water Act, Section 404 permit from the U.S. Army Corps of Engineers (USACE) and a State Fish and Game Code, Section 1603 Streambed Alteration Agreement with the California Department of Fish and Game. These agencies typically require the replacement of lost habitat values through the enhancement of remaining streambed, wetland, or riparian habitat, or through the creation of new areas of such habitat. The mitigation plan for riparian habitats shall outline procedures for mitigation site preparation (clearing, grading, topsoil storage), irrigation, planting (seeding, container plantings, transplantation), and maintenance (weed control, irrigation scheduling, replanting). Hydrological studies shall be performed to determine if groundwater levels and surface water flows will be adequate to sustain the restored riparian habitat once established. Methodologies and requirements shall be specified in the mitigation plan for monitoring of the riparian habitat replacement efforts, including performance criteria and provisions for documenting the results of the replacement efforts through the end of the monitoring periods. Provisions to insure the long-term preservation of riparian mitigation areas shall be identified. Riparian habitat replacement programs shall be submitted to the U.S. Fish and Wildlife Service (as biological advisor to the USACE) and the CDFG for review and approval. Riparian mitigation implementation shall be completed as soon as practical following completion of project grading. Riparian mitigation shall be monitored by the subdivider for a 5-year period following planting. The subdivider shall submit annual reports discussing the survival rate of the mitigation to the City of Diamond Bar. WJB/09030022.FND 5 July 10, 1997 Prior to the issuance of a grading permit, the limits of proposed grading and construction activities shall be delineated with 846ot lengths of PVC pipe, mounted on a rigid steel base for support. • Prior to the initiation of vegetation clearing or grading, all oaks and walnuts within 200 feet of construction activity shall be marked for either protection, relocation, or removal, both in the field and on construction site plans. Oaks and walnuts to be retained shall be protected from construction damage through the installation of temporary, rigid fencing. Fencing shall be a minimum of 4 feet high and located at least 15 feet outside the dripline of any oak or walnut or group of oaks/walnuts. No equipment storage or other activities shall be allowed within these fenced areas. Fencing shall remain in place for the duration of construction activities. • A biological resource monitor, approved by the City of Diamond Bar, shall be onsite during construction to ensure adherence to all habitat protection measures. • Pre -construction meetings shall be held between the biological resource monitor and construction supervisors and equipment operators to review and ensure adherence to all habitat protection measures. • During construction, measures to prevent erosion, such as use of silt fencing or hay bales, shall be installed at the limits of grading. • During construction, vehicle haul routes between cut and fill locations shall be restricted to the minimum number and extent. Earth -moving equipment shall be confined to the narrowest possible corridor during construction. Waste dirt or rubble shall not be deposited on adjacent native vegetation. Vehicle haul routes shall be identified on construction plans and marked in the field, in consultation with a qualified biologist, to ensure minimization of impacts to biological resources. Trenching for utilities and irrigation lines shall be conducted outside the dripline of individual oaks. All fuel modification requirements, such as selective clearing, pruning, and wet zones, shall be prohibited within 1S feet of the dripline of any individual oak tree, except as otherwise required by the fire marshall. The irrigated wet zone shall serve as both a fuel modification zone and as a buffer zone/transifion area between the residences and the open space area, and shall be designed to limit human intrusion. The following list of plant species shall not be permitted in the landscape plan in any development areas (i.e., common areas and private lots). These plants may potentially invade natural areas and displace native plant species. Such non-native species include ice plant (Delosperma spp.), eucalyptus (Eucalyptus spp.), pine (Pinus spp.), tree -of -heaven (4ilanthus altissima), Brazilian pepper tree (Schinus terebinthifolius), Peruvian pepper tree (S. molle), pampas grass (Cortaderia sellowiana), fountain grass (Pennisetum setaceum), Spanish broom (Spartium junceum), German ivy (Senecio mikaniodes), periwinkle (Vinca major), tamarisk (Tamarix sp.), hottentot fig (Carpobrotus edulis), Jupiter's beard (Centranthus ruber), Melia sp., cape honeysuckle (Tecomaria capensis), and plumbago (Plumbago auricolata). Use of native plants are suggested where landscaping within any development areas (i.e., wmmon areas and private lots). These should include only those species that were found WJE/09030022.FND 6 July 10, 1997 to occur in the project area or in the immediate vicinity prior to grading. Such native species include laurel sumac (Malosma laurina), lemonadeberry (Rhus integrifolia), California sagebrush (Artemisia californica), Mexican elderberry (Sambucus mexicana), coast live oak (Quercus agrifolia), scrub oak (Quereus dumosa), California black walnut (fuglans californica), white sage (Silva apiana), purple sage (Salvia leucophylla), black sage (Salvia mellifera), toyon (Heteromeles arbutifolia), fucchia-flowered gooseberry (Ribes speciosum), western poison oak (Toxicodendron diversilobum), coyote brush (Baccharis pilularis), mulefat (Baccharis salicifolia), thistle (Cirsium sp.), California everlasting (Gnaphalium californieum), saw-toothed goldenbush (Hazardia squarrosa), telegraph weed (Heterotheca grandiflora), coastal goldenbush (Isocoma menziesii var. menziesii), California dodder Cuscuta californica), rattlesnake weed (Chamaesyce albomarginata), Santa Barbara locoweed (Astragalus trichopodus), deerweed (Lotus scoparius), lupine (Lupinus sp.), purple sage -black sage hybrid (Salvia leucophylla x Salvia mellifera), mesa bushmallow (Malacothamnus fasciculatus), holly -leaved redberry (Rhamnus ilieifolia), chamise (Adenostoma fasciculatum), narrow -leaved bedstraw (Galium angustifolium), arroyo willow (Salix lasiolepis), orange bush monkey -flower (Mimulus aurantiacus), chaparral nightshade (Solanum xanti), western verbena (verbena lasiostachys), big leaf mistletoe (Phoradendron macrophyllum), giant wild rye (Leymus condensatus), and purple needlegrass (Nassella pulchra). Prior to the issuance of building permits, a Buyer Awazeness brochure shall be developed and included within the conditions, covenants, and restrictions (CC&Rs) to provide residents with information on surrounding natural habitats and resident wildlife, as well as guidelines to ensure the continuation of wildlife values of surrounding habitats. Guidelines to be incorporated into this brochure include domestic pet control, landscaping around mature oaks, native landscaping, and appropriate behavior in natural open space areas. Successful integration of development into wildlife habitat depends on proper buffering at the interface of these two areas. Development often results in an edge condition where residential lots are located adjacent to areas of natural open space. A conceptual buffer pIan using native plant species has been developed for the management of this edge condition. This buffer will limit potential impacts to the natural areas by screening development from wildlife, capturing excess runoff from landscape irrigation that could potentially injure sensitive plants, and providing an edge along residential lots that is aesthetically pleasing while providing many plant species that are valuable to wildlife. This edge shall be designed so that it may be integrated into a fuel modification plan for the development that meets the requirements of the Los Angeles County Fire Department. Native plants recommended for this buffer include mesic species such as toyon, California black walnut, and can elderberry. Additional native plant species that are low growing and of low fuel volume, and would not impede views into natural areas, could also be used. These include golden yarrow (Eriophyllum confertiflorum), California poppy (Eschscholzia californica), monkey flower (Diplacus spp.), heart -leaved penstemon (Keekiella cordifolia), California fuchsia (Epilobium spp.), deerweed (Lotus scoparius), and annual lupine (Lupinus spp.). This zone shall be periodically thinned to maintain low fuel levels, and shall be cleared of invasive grasses. 7 July 10, 1997 WJB/09030022.FND To help all plants mature as quickly as possible and maintain all plant materials in optimum condition, irrigation facilities shall be installed as appropriate on slope areas and maintained by the applicant until sold. Maintenance shall then be the responsibility of the properly owner. The use of fertilizers and pesticides within transition zones shall be minimized. Only nonresidual herbicides shall be used to control persistent invasive species within the landscape buffers. Mechanical clearing techniques such as grubbing and mowing, and hand removal shall be used to eliminate less persistent invasive species. Subject to approval by the City of Diamond Bar, the applicant shall provide for the foRowing: a. Physical specification on the type and degree of fencing allowed. b. Enforcement of a mandatory leash law. c. Guidelines for the maintenance of trash receptacles and uneaten pet food. d. Prohibition of the outside storage of pet food. e. The urban pollution basins shall be maintained by the subdivider. The City of Diamond Bar shall reserve the right to maintain the urban pollution basins and collect their costs should efforts by the subdivider not meet City standards. Existing dirt roads within the open space area shall be used as pedestrian/hildng/equestnan/biking trails as much as possible. Any additional trails shall be designed to avoid sensitive biological resources. Barbed wire or split rail fencing shall be considered for highly sensitive areas subject to possible human intrusion. Hunting shall not be allowed within the open space areas. Unauthorized vehicular use shall be restricted within the open space areas. All trash (man-made materials) shall be removed from natural open space areas on a regular basis. Invasive weedy species such as giant reed, fennel, and artichoke thistle shall be monitored by the subdivider and, if necessary, these invasive plant species shall be removed. Signs shall be located in appropriate areas to discourage human intrusion into natural open space and the Termer Canyon SEA No.15. • The effect ofnight lighting on wildlife shall be mitigated through the use of low -intensity street lamps and lights for residential backyard areas (i.e., pool and tennis court areas) at the edge of development, low -height lighting poles, and shielding by internal silvering of the globe or external opaque reflectors. w,niuvu�uuzz.FxD 8 July IQ 1997 Significant Impact The removal of active raptor nests, should any be present, during grading activities would be in violation of the California Fish and Game Code (Section 3503.5). Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measures as identified in the final EIR and incorporated into the project. In compliance with Section 3503.5 of the California Fish and Game Code, if grading is to occur during the raptor nesting breeding season (March -July), a qualified biologist shall determine the presence of any raptor nests prior to or concurrent with grading activities, the project applicant shall contact CDFG, shall obtain and comply with all appropriate procedures relative to grading operations in proximity to those nests, and shall provide verification of same to the City. Resulting mitigation measures may include restricting construction activities near raptor nesting sites during and immediately following the breeding season. CULTURAL RESOURCES �oificant Impact No evidence of archaeological resources were found within the project boundaries and no sites or isolates were previously recorded. However, the potential exists for the discovery of buried or otherwise covered artifacts within the project area during construction activities. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. WJB/09030022.FND 9 JUIy 10, 1997 Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. An archaeologist shall be present to monitor all clearing and brushing activities on the project site. If archaeological resources are discovered, grading activities shall be redirected or stopped to allow for sampling, identification, and evaluation. If the resources are found to be significant, the archaeologist shall determine appropriate actions in cooperation with the City and the applicant for exploration and/or salvage. The archaeologist shall submit a report that describes the findings to the Community Development Director. Recovered materials shall be offered to the South Central Coastal Information Center, University of California, Los Angeles. These actions, as well as final mitigation and disposition of the resources, shall be subject to the approval of the Community Development Director. Significant Impact Grading, trenching, and other eardutroving activities in the La Vida member of the Puente Formation are anticipated to affect paleontological resources due, in part, to the discovery of two important fossils on the project site. Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid the significant effects on the environment. Facts in Support of Findings The significant effect has been eliminated or substantially lessened to a level that is less than significant by virtue of project design features and the following mitigation measure as identified in the final EIR and incorporated into the project. A paleontologist shall be retained to monitor all grading activities within the La Vida Member of the Puente Formation. If fossils are discovered, grading activities shall be redirected or stopped to allow for evaluation and any necessary salvage of exposed fossils. All fossils collected shall be prepared to the point of identification and catalogued. These remains shall be donated to the Los Angeles County Natural History Museum. A final report summarizing the findings shall be submitted to the Community Development Director, WJtl/UYVSW11,tND I(] Jnly 1(), 199% SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS The potential significant adverse impacts associated with the implementation of Vesting Tentative Tract Map 50314 are listed below. The Diamond Bar City Council finds that these potential significant adverse impacts would be reduced with the implementation of the recommended mitigation measures; however, the impacts cannot be reduced to a level less than significant. The Diamond Bar City Council is adopting a Statement of Overriding Consideration per Section 15093 of the CEQA Guidelines, AIR QUALITY 5ienificant Impact Development of the proposed project would result in significant short-term air quality impacts. More specifically, peak construction equipment emissions for NOx are expected to exceed the SCAQMD daily thresholds. In addition, implementation of the project is expected to result in construction emissions that exceed the SCAQMD's daily threshold for fugitive dust (PM10). Finding Changes or alterations have been required in, or incorporated into, the project which mitigate or avoid significant effects on the environment. Specific economic, legal, social, technological, or other considerations including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the final EIR. Facts in Support of findings Implementation of the following mitigation measures will serve to lessen project impacts; however, the impacts would remain significant. Prior to the issuance of a grading permit, the project applicant shall demonstrate to the satisfaction of the City Engineer how the following measures recommended by the City or the SCAQMD have either been incorporated into the project construction guidelines or provided sufficient evidence to the City that a particular measure is not feasible to implement. a. Apply approved chemical soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for 4 days or more). b. Replace ground cover in disturbed areas per City specifications. W7B/09030022.FND I July 10, 1997 c. Enclose, cover, water twice daily, or apply approved soil binders, according to manufacturers' specifications, to exposed stockpiles (i.e., gravel, sand, dirt). d. Water active sites at teasC twice daily. e. Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 miles per hour (mph). Monitor for particulate emissions according to SCAQMD specified procedures; for information call (909) 369-3600. g. In field trailers, use portable air conditioning units with nonwesel fuel. h. Sweep streets at the end of the day if any visible soil material is carried over to adjacent thoroughfares (recommend water sweepers which use reclaimed water). The Ciry may require that gravel be used in unpaved aeeas used as either construction roads or staging areas for construction equipment. Apply water at least two times daily or chemical soil stabilizers, according to manufacturers' specification, to all unpaved pazking or staging areas and unpaved road surfaces, if required for dust control. k. Install wheel washers where vehicles exit unpaved roads onto paved roads, or wash offhucks and any equipment leaving the site every trip in designated aeeas on the site. All trucks hauling dirt, sand, soil, vegetation, or other loose materials aze to be covered and should maintain at least 6 inches of freeboard (i.e., minimum required space between top of the load and top of the trailer, based upon a level load). m. Suspend use of all construction equipment operations during second state smog alerts. For daily forecast, call (800) 242-4022 (Los Angeles County), n. Use construction equipment that has catalytic convertors (for gasoline powered equipment). o. Prevent trucks from idling longer than 2 minutes. p. Configure construction pazking to minimize traffic interference. q. Provide temporary traffic control during all phases of construction activities to improve traffic flow such as providing a flag person to direct traffic and ensure safe movements off the site as duected by the City Engineer. During construction, equipment engines shall be maintained in good condition and in proper tune according to the manufacturer's specifications. The four alternatives to the proposed project would result in less impacts to air quality compazed to the proposed project. The No Project alternative would result in no impacts on air quality; however, the objectives of the proposed project would not be achieved, therefore, this alternative was rejected. Alternative 1"2 July 1Q 1997 Design 1 and Alternative Design 2 would result in less air emission impacts than the proposed project because less area would require grading. These alternatives and the proposed project would still exceed the SCAQMD thresholds for NOx and PM10 emissions. These alternatives were rejected because the proposed grading would not be in compliance with the City's Hillside Management Ordinance and greater impacts to earth resources, hydrology and water quality, and aesthetics/visual resources would result under these alternatives compared to the proposed project. Alternative Design 3 would also result in less air emissions impacts than the proposed project. This alternative would not result in an exceedance SCAQMD thresholds for NOx emissions; however, this alternative would still exceed SCAQMD thresholds for PM10. This altemative was rejected because the proposed grading would not be in compliance Nvith the City's Hillside Management Ordinance and greater impacts to earth resources, hydrology and water quality, and aesthetics/visual resources would result under these alternatives compared to the proposed project. W7B/09030022.FND 13 July 10, 1997 ATTACHMENT A STATEMENT OF OVERRIDING CONSIDERATIONS The California Environmental Quality Act (CEQA) requires the lead agency to balance the benefits of a proposed project against its unavoidable environmental risks in determining whether to approve the project. The City of Diamond Baz proposes to approve Vesting Tentative Tract Map 50314 although unavoidable adverse air quality impacts have been identified in the EIR. Where these adverse impacts are mitigated, but not to a level considered less than significant, the City of Diamond Baz City Councit finds that those impacts are outweighed by the benefits of the Vesting Tentative Tract Map 50314 project. Further, the alternatives which were identified in the EIR would not provide the project benefits, as summarized below, to the same extent as the proposed project. Therefore, the City of Diamond Baz City Council, having reviewed and considered the information contained in the EIR and the public rewrd, adopts the following Statement of Overriding Considerations which has been balanced against the unavoidable adverse impacts in reaching a decision on this project. 1. To develop a low density (1 acre or less units per gross acre) residential subdivision of lots for single-family custom homes, consistent with the land use pattern of The Country Estates. 2. To develop a residential subdivision with CC&Rs that are compatible with all standards and provisions of the governing Homeowner's Association of The Country Estates. 3. To implement a ]andform grading concept for the proposed project that complies with the intent of the City of Diamond Baz's Hillside Management Ordinance. 4. To minimize the environmental effects of constructing lots for single-family custom homes. W1B/09030022.FND 14 July 10, 199% MITIGATION MONITORING PROGRAM FOR VESTING TENTATIVE TRACT MAP 50314 State Clearinghouse No. 96071104 Prepared for: City of Diamond Bar (Lead Agency) Community Development Department 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765 Contact: James DeStefano, Director Prepared by: Michael Brandman Associates 17310 Red Hill Avenue, Suite 250 Irvine, California 92614 Contact: Michael E. Houlihan, AICP, Senior Project Manager July 10, 1997 �o a C o � U U a a. a a x o W o b 0 o � q on � W p WO O o � � H 0 0 . 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U o, 0 4 U Pizp� '� n 7 S aCi 3 p o a v o r o.$ to PO o'A Er to to oboOw a o x o N d w v c 3 3 -°° U 0p a°Ji v a wo 9 a �''�: � L i 1 lii;' L6. z� +`� � u;yr�, `L u�r;l����,� ,M�..J 'Pol COMMUNITY DEVELOPMENT CONDITIONS FOR VTTM 50314 - 7/1 A6 PLANNING COMMISSION General Requirements: 1. VTTM 50314 shall be developed in substantially conformance to the tenative map submitted to and approved by the Planning Commission and a labeled Exhibit "A" dated July 22, 1997. 2. The project site shall be maintained in a condition which is free of debris both during and after the construction, addition or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation and disposal of solid waste from residential, commercial, construction, and industrial areas within the City, It shall be the applicant's obligation to insure that the waste contractor utlized has obtained permits from the City of Diamond Bar to provide such services. 3. VTTM 50314's approval is granted subject to the approval of the Hillside Management and Significant Ecological Area Conditional Use Permit No. 96-1, Zone Change No. 96-1, Oak Tree Permit No. 96-1 and Environmental Impact Report No. 96- 1. 4. Approval of VTTM 50314 shall not be effective for any purpose until the permittee and owner of the property involved (if other than permittee) have filed within 15 days of approval of this map, at the City of Diamond Bar's Community Development Department, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this map. Further, this approval shall not be effective until the permittee pays remaining Planning Division processing fees. 5. In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless . from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set asside, void or annul, approval of VTTM 50314 brought within the time period provided for Government Code Section 66499.37. 6. All requirements of the Zoning Ordinance and of the underlying zoning of the subject map shall be complied with unless otherwise set forth in the permit or shown on the approved plans. Additionally, the applicant shall comply with the lates adopted Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Elect+IVriIc �2 Code, and all other applicable codes, ordinances and regulations in effect at the time of the building permits issuance. 7. Notwithstanding any previous subsection of this resolution, the Department of Fish and Game requires payment of a fee pursuant to Section 711.4 of the Fish and Game Code. Said payment shall be made by the applicant within five days of this grant's approval. 8. Applicant shall pay development fees (including, but not limited to Planning and Building and Safety Divisions, Public Works Department and school fees) at the established rates, prior to issuance of building or grading permits, as required by the Community Development and Public Works Directors. 9. All equipment staging areas shall be located on the subject property. The staging area, including material stock pile and equipment storage area, shall be enclosed with a six foot high chain link fence. All access points in the fence shall be locked whenever the construction site is not supervised. 10. Construction equipment and/or related construction traffic shall not be permitted to enter the project site via Hawkwood Road. 11. This grant is valid for two years and must be exercised (i.e. construction begun) within that period or this grant shall expire. A one year extension of time may be requested in writing, submitted to the City, 30 days prior to this grant's expiration date. 12. The subject property shall be maintained and operated in full compliance with the conditions of this grant and any law, statute, ordinance or other regulations applicable to any development or activity of the subject properties. 13. Prior to the granting of any occupancy permit, all conditions of approval and improvements shall be completed or bonded for to the satisfaction of the City. 14. Applicant shall pay all remaining prorated City project review and processing fees prior to,the Map's recordation as required by the City. PLANNING DIVISION 1. The Mitigation Monitoring Report outlined in Environmental Impact Report No. 97-1 (SCH No. 96071104) and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City prior to the issuance of a grading permit. All cost related to the ongoing monitoring shall be secured from 9 subdivider and received by the City prior to the final map s approval. 2. Prior to approval of the final map, the applicant/owner shall make a bona fide application to "The Country Estates" Association to annex this subdivision to that association. The applicant/owner shall.be required to agree to annex upon recordation of the final map if all fees assessed by "The Country Estates" Association do not exceed the fees assessed per lot for annexation for Tract No. 47722. 3. Conditions, Covenants, Restriction and Reservations (CC&Rs) and Articles of Incorportation of a homeowners' association are required and shall be provided to the Community Development Director and the City Attorney for review and approval prior to the recordation of the final map. A homeowners' association shall be created and responsi- bilities there of shall be delineated with the CC&Rs or the homeowners' association shall be incorporated into "The Country Estates". The CC&Rs and Aricles of Incorporation shall be recorded concurrently with the final map or prior to the issuance of any City permits, whichever occurs first. A recorded copy shall be provided to the City Engineer. 4. VTTM 50314 shall be designed so as to substantially comply with the CC&Rs implemented by the adjacent development know as "The Country Estates". The CC&Rs shall incorporate at a minimum provisions which would establish a maintenance program for urban pollutant basins and all mitigation measures within the Mitigation Monitoring Program. The CC&Rs shall, to the fullest extent possible, be consistent with "The Country Estates"' CC&Rs., 5. A clause shall be incorporated into the CC&Rs which requires disputes involving interpretation or application of the CC&Rs (between private parties) to be referred to a neutral third party mediation service prior to any party initiating litigation in a court of competent jurisdiction. The cost of such mediation shall be borne equally by the parties. 6. Applicant shall prepare and submit to the Community Development Director for approval prior to the issuance of any City permits, a "Buyers' Awareness Package". This package shall include, but not limited to, information pertaining to geologic issues regarding the property, wildlife corridors, oak and walnut tree perservation issues, the existence and constraints pertaining to Significant Ecological Area (SEA) No. 15 and Tonner Canyon, Exhibit "B" which delineates each lot's bulding envelope, explanatory information pertaining to restrictions on use of properties as necessary and similar related matters. The applicant shall institute a program to include delivery of a copy of the "Buyers Awareness Package" to each prospective purcha ; P and shall keep on file in the applicant's office a receipt signed by each such prospective purchaser indicating that the prospective purchaser has received and read the information in the package. The applicant shall incorporate within the CC&Rs a reference to the availability of the package and the fact that a copy is on file in the City of Diamond Bar's City Clerk's office. 7. The applicant, through the "Buyers' Awareness Program", shall encourage the segregation of green waste for reuse as specified under the City's Source Reduction Recycling Element and County Sanitation District's waste diversion policies. 8. All proposed residential dwelling units shall comply with the City's Development Review Ordinance. 9. Residential dwelling units shall utilize the following development standards: a. Front yard setbacks shall be a minimum of 25 feet from the front property line. Front yard setbacks shall vary so that adjacent dwelling units do not have the same setback; b. Side yard setbacks shall be a minimum of 10 feet and 15 feet from the buildable pad's edge. The distance between dwelling units shall be a minimum of 40 feet; c. Rear yard setbacks shall be a minimum of 25 feet from the buildable pad's edge; and d. Accessory structures may be permitted utilizing setback distances from the buildable pad's edge consistent with the residential zoning designation for the property at the time of permit issuance. 10. All ground mounted utility appurtenances (i.e. A.C. condenser units, tranformers, 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 Community Development Department. 11. Applicant shall satisfy the City's park obligation by contributing an in -lieu fee to the City prior to recordation of the final map per Code Section 21.24.340. 12. Grading and/or construction activities shall be restricted to 7:00 a.m. to 5:00 p.m., Monday through Saturday. All equipment utilized for grading and/or construction shall be fproperly muffled to reduced noise levels. Transportation of equipment and materials and the operation of heavy grading shall also be restricted to 7:00 a.m. to 5:00 p.m. , Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities. Reclaimed wat,r, l shall be used whenever possible. 13. All residential construction shall require Development Review and approval prior to the issuance of building permits. 14. All terrace drains and drainage channels shall be constructed in muted earth tones so as to not impart adverse visual impacts. Terrace drains shall follow land form slop configuration and shall not be placed in exposed positionso all down drains shall be hidden in swales diagonally or cuvilinear across a slope face. 159 Prior to issuance of occupancy permits, all oak and walnut trees and plant species shall be installed according to ratio, locations, and palette mix specified in EIR No. 97-1 (SCH No. 96071104). 169 The final landscape plan shall substantially comply with the recommendations of the Seatac Report, EIR 97-1 and the preliminary landscape plan submitted and approved by the Planning Commission and marked Exhibit "A". Fence details, tree staking, soil preparation, planting details, automatic irrigation systems and the incorporation of xerotropic landscaping wherever feasible. 17. The grading plan shall substantially comform to the tentative tract map approved by the Planning Commission. The approve tentative tract map and Hillside management ordinance shall supersede all other standards and requirements relating to this project. Surety bonds shall be posted to the satisfaction of the City Engineer and City Attornery. 180 Prior to the issuance of any occupancy permit, conditions of approval and all improvements shall be completed to the City's satisfaction. 190 All slope planting and irrigation shall be continuously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occupancy for those units, and inspection shall be conducted by the Planning Division to determine that all slop planting is in satisfactory condition. 20. All off -site landscaping, grading and other improvements shall be completed prior to the occupancy of any units. 21. Emergency access shall be provided, maintained free and clear, a minimum of 26 feet wide, at all times during construction and in accordance with the Fire Department. 22. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted Fire Department that temporary water supply for fire protection is available, pending completion of the required fire protection system. 23. The discharge of sewage from this land division into the public sewer system shall not violate the requirements of the California Regional Water Quality Control Board (CRWQCB) prusuant to Division 7, Section 13000 of the Water Code. A letter of compliance from the CRWQCB shall be submitted to the City prior to the issuance of construction permits. 24. Based on soils and hydrology studies, the developer shall provide a plan for review and approval by the City Engineer and the co-permittees related thereto pursuant to the MPDES. 25. The urban pollutant basins shall be maintained by the developer or it's successor in conformance with all applicable standards. The developer shall convey to the City the non-exclusive right to maintain, at its sole election, such urban pollution basins in the event the party responsible fais to maintain said basins. 26. VTTM 50314 shall comply with all requirements of the Zoning Ordinance and of the underlying zoning unless set forth in the permit or shown on the approved plans. 27. The developer shall obtain approval for the County Sanitation on the location of structures affecting the County Sanitation easements and submit written evidence to the City prior to the grading permit's issuance. 28. The developer shall pay development fees (including, but not limitted to, Planning, Building and School fees) at the established rates prioer to the issuance of any City permits. 29 The developer shall contibute a pro rata share for the study of Tonner Canyon and SEA No. 15. FIRE DEPARTMENT; 1. A fuel modification plan, landscape/irrigation plan approved by a registered landscape architect shall be submitted for review and approval by the Los Angeles County Fire Depart- ment prior to the issuance of any City permits. 2. Access shall comply with Section 902 of the Fire Code which requires all weather access. All weather access may require paving. 3. Fire Department access shall extend to within 150 feet distance of any exterior portion of all structures. 4. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways which extend over 150 feet. 5. Vehicular access shall be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted prior to construction. 6. Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. 7. The required fire flow for public fire hydrants at this location shall be 1250 gallons per minute at 20 psi for a duration of seven hours, over and above maximum daily domestic demand. Hydrant(s) flowing simultaneously may be used to achieve the required fire flow. 8. Applicant shall provide information on the location of all existing fire hydrants. 9. All hydrants shall measure 6" x 4" x 2 1/2" brass or bronze, conforming to current AWWA standard C503 or approval equivalent. All hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. 10. All required fire hydrants shall be installed, tested and accepted prior to construction. Vehicular access shall be provided and maintained serviceable throughout construction. 11. Applicant shall provide three additional maps for fire hydrant placement and distribution. CITY OF DIAMOND BAR e r ENGINEERING CONDITIONS OF APPROVAL VTTM 50314 7/11/97 GENERAL SUBDIVISION CONDITIONS: 1. Prior to final map approval. Written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters must have been issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 1 All easements existing prior to final map approval shall be identified and shown on final map. If an easement is blanket or indeterminate in nature, a statement to that effect shall be shown on the final map in lieu of its location. 3. Prior to final map approval. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted when a final map is submitted for plan check. The account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. 4. New boundary monuments shall be set in accordance with the State Subdivision Map Act and as required by the City Engineer. 5. Prior to final map approval. If any required public or private improvements required as part of this map have not been completed by Subdivider and accepted by the City prior to the approval of the final map, Subdivider shall enter into a subdivision agreement with the City and shall post the appropriate security. All bond amounts shall be provided by the applicant and approved by the City Engineer. 6. Prior to final map approval. All site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer. 7. Prior to final map approval. Street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 8. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 9. The detail drawings and construction notes shown on the vesting tentative map are 1 11 `l' conceptual only and the approval of this map shall not constitute approval of said"notes. 10. Precise grading plans for each lot shall be submitted to the Community Development' Department for approval prior to issuance of building permits. (This may be on an incremental or composite basis.) 11. All identified geologic hazards within the vesting tentative tract boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 12. Prior to final map approval4 ty shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permit(s). 13. 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. 14. Prior to finalization of any development phase, sufficient street, sewer, and drainage improvements shall be completed beyond the phase boundaries to assure secondary access, proper outfall for sewers and drainage protection to the satisfaction of the City Engineer. Phase boundaries shall correspond to lot lines shown on the final map. 15. Prior to final map approval. Subdivider shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 16. Prior to any work being performed in public right-of-way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. 17. Prior to final map approval. Subdivider shall pay its fair share of other signal improvements required pursuant to the approved EIR prior to approval of the final map based upon amended traffic study as approved by City Engineer. 18. Subdivider shall label any private drives or fire lanes and delineate on the final map to the satisfaction of Lite City Engineer. 19. Any existing easement for open space, utilities, riding and hiking trails shall be relocated and, or grading performed, as necessazy, to provide, for the portion within the Subdivision, practical access for the intended use. 20. Subdivider shall submit recorded document(s) indicating the project will have 2 �1 proper/adequate right -entry to the subject site from "The Country Estates". rr,, 21. The tract shall be annexed to Landscape Maintenance District 38. 22. All boundary monuments not found at the time of making the survey for the final map shall be set in accordance with the State Subdivision Map Act and the City Subdivision Code, and shall be subject to approval by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets, intersections of streets with the tract boundary and to mark either the beginning and end of curves or the points of intersection of tangents thereof, or other intermediate points to the satisfaction of the City Engineer. Centerline monument ties shall be submitted to the City Engineer for approval in accordance with City standards. 23. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 24. After the final map records, the Subdivider shall submit to the Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Department, 25. The applicant shall pay all processing and engineering related fees prior to issuance of the grading permit or final map approval, whichever comes first. 26. The Subdivider shall make a bona fide application to Diamond Bar Country Estates Association to annex this subdivision to the association. The Subdivider shall be required to annex if all fees assessed by the Diamond Bar Country Estates Association do not exceed the fees assessed per lot for annexation to the Diamond Bar Country Estates Association for similar tracts. 27. The City may require a traffic study or other documentation related to traffic impacts for proposed VTTM 50314. 28. As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at not cost to the City for all improvements. 29. All improvements for proposed VTTM 50314 shall be coordinated with any existing or proposed maps. 30. Subdivider shall contribute to an equitable share of cost as established by the City to fund improvements to the areas mainlines, pump stations, utility undrgrounding or similar improvements. sl 31. Subdivider shall contribute funds to a separate engineering trust deposit agai charges can be made by the City or its representatives for services rendered. shall be on an hourly basis and shall include any city administrative costs. 32. Subdivider shall provide digitized information in an Auto Cadd format defined by the City for all related plans, at not cost to the City. 33. All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off -site activities/improvements be required, approval shall be obtained from the affected property owner as required by the City Engineer. GRADING (A11 grading conditions must be addressed prior to issuance of a eradine permitl 1. Grading of the subject property shall be in accordance with the Uniform Building Code, City Grading Ordinance 7 (1992), Hillside Management Ordinance and acceptable grading practices. The precise grading plan shall be in substantial conformance with the grading plan approved as a material part of the tentative map. The maximum grade of driveways serving building pad areas shall be 15 %. 2. 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. The report shall address, but not be limited to, the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; 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 prior to recordation of the final map; (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (d) The extend 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; f' (g) Stability of all proposed slopes shall be confirmed by analysis as approved`by the City Engineer; c (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 must be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 3. Grading plans shall be signed and stamped by a California registered Civil Engineer, Geotechnical Engineer and Engineering Geologist. 4. Surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. 5. Final grading plans shall be prepared in a 24" x 36" format and designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the plans. 6. Grading plan(s) shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Geologist. 7. The final grading plans shall be submitted to and approved by the City Engineer. 8. An erosion control plan shall be approved by the City Engineer. 9. All slope banks in excess of five (5) feet in vertical 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. DRAINAGE 1. Surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer prior to final map approval and prior to the issuance of grading permits. 2. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated 5 and shown on the final map as approved by the City Engineer. for dewatering and protecting the subdivided 3 • All drainage improvements necessary permitsssuance of building for construction upon any properties shall be installed prior to iflows entering, leaving, or within a parcel relative parcel that may be subjectto drainage requed. to which a building permit fill material into any U.S.G.S, blue line stream bed, q, Prior to placement of any dredged or fis of Engineers and an agreement with a 404 permit shall be obtained from Co the Army rP the California Department of Fish and Game shall be obtained and submitted to the City Engineer. ove any flood hazard and dedicate The Subdivider shall provide drainage facilities to rem 5• easements and/or rights of way on the final map to the satisfaction of and show necessarycted within shall be City Engineer. Ssatgin drainageisfact satisfactory to t erlities City Engineercand the Los Angeles eCounty street rFlood way or in easements Control Districts. re mboundaries 6. All identified flood hazard locations withinthe shall at shown on the final map whichcannotbe d eliminated as approved by the City Engineer delineated as "Restricted str prohUse ibit the erectiect to on of buildings gs or odther structures s withinesuche o the City the right restricted use areas shown on the final map. permit A permit from thonnection to its facilities. A pe County Flood Control District shall be required for work within its from CALTRANS shall be required right-of-way or c for work within its right-of-way. inimum g• Vehicular access shall be provided to all "Urban Pollutant Basins" with ieaterlthan 15 qo width ment and with a maxi of 15 feet, with 12 feet of pavemum slope no g unless otherwise approved the City Engineer. 9. prior tern° of fi,____-nal rna°' Subdivider shall construct or post bonds for drainage s needed for street and slope drainage as required by the improvements and offer casement City Engineer, e stud and final drainage/storm drain plan in a 24" x 3m sheet format roved b the City Engineer prior to final map approval. All 10. A final drainage Y the City Engineer and shall be submitted to and app Y required by drainage facilities shall be designed an Angeles Standardconstructed s Private (and future) easements for in accordance with County of Los the homeowners storm drain purposes shall be offered and shown on the final map for dedication tot e City. The private storm drain facilities ugh he CC&Rbe maintained by association and this shall be assured through 0 11. Prior to the issuance of a Grading Permit, a complete hydrology and hydraulic study shall be prepared by a Registered Civil Engineer to the Satisfaction of the City Engineer. STREETS 1. Street improvement plans in a 24"x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. The design and construction of street improvements for the full width shall be required as shown on the tentative map. No street shall exceed a maximum slope of 12%. 2. Prior to any work being performed in public right of -way, fees shall be paid and a construction permit shall be obtained from the City Engineer's Office in addition to any other permits required. 3. The Subdivider shall make a irrevocable offer to dedicate to the City an easement for future street purposes 30 feet wide (for half of a future 60-foot wide roadway) along the centerline extension of from the southerly terminus of the private street to the southerly tract boundary. 4. Street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal services zip code areas. 5. New street centerline monuments shall be set at the intersections of two or more streets, intersections of streets with tract boundaries and to mark the beginning and ending of curves or the points of intersection of tangents thereof. Survey notes showing the ties between all monuments set and four (4) durable reference points for each shall be submitted to the City Engineer for approval in accordance with City Standards, prior to issuance of Certificate of Occupance. 6. Street improvement plans in a 24" x 36" sheet format, prepared by a California registered Civil Engineer, shall be submitted to and approved by the City Engineer. Security shall be posted and an agreement executed guaranteeing completion of the public and/or private street improvements, prior to final map approval. 7. No street shall exceed a maximum slope of 12% unless approved by the City Engineer. 8. Prior to recordine of final man. Subdivider shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 9. Subdivider shall provide and install street name signs to the satisfaction of the City Engineer prior to issuance of a certificate of occupancy. 7 10. Subdivider shall construct curb and gutters per City standards subject to approval by the City Engineer, UTILITIES 1. All utility lines shall be underground in frontage of the Vesting Tentative Tract Map. 2. Subdivider shall construct street lights along all streets, as required, per City standards and as approved by the City Engineer. The street lights shall be annexed into the County lighting districts, or shall be operated and maintained by a homeowners association. 3. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to 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 Subdivider shall construct or enter into and 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. Subdivider shall provide separate underground utility services to each parcel, 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 prior to granting. 6. Subdivider shall relocate and underground any existing on -site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Prior to submittal of the final map, written certifications from Walnut Valley Water District, GTE, SCE, SCG and Jones Intercable stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City. 8. Based on a determination by the City Engineer, the City reserves the right to require the applicant to plan and incorporate into the homeowners' association obligations the future installation of main and service lines capable of delivery of reclaimed water to all homeowners' association maintained common area landscaped portions of the Tract, prior to final map approval. The system shall be designed to permit "switch over" of non - domestic services on each area within the homeowners' association maintained landscaped E3 accordance with the City, Los Angeles County Public Works Department and Cou ty, Sanitation District Standards. `R Subdivider shall obtain approval by County Sanitation on the location of the structures ` g:, affecting County Sanitation easements and submit written evidence to the City prior to { issuance of a grading permit. to 16:02 ID:G"'-ILER ASSOC IRTES i I e T12ACT 50314 SLOPE ANALYSIS 9 :D6 CONTOUR LENGTii 1090 0 1080 300 1070 600 1060 1250 1050 1400 1040 1500 1030 1650 1020 1700 1010 1850 1000 1900 990 2000 980 2050 970 2150 960 2150 950 2150 ,?LOPE ^ O 002�9h T 7 940 2600 A 930 2600 920 2600 A = 31.6 AC 910 2500 I = 10' 900 2500 L = 5217500 890 2350 S 4 (0022961(101(59 750) = 880 2150 38,3 3J,6 870 2100 860 2400 SCOPE CATEGORY 850 2200 25%- 39,9% 840 1900 830 1500 820 1100 810 800 800 500 790 300 780 0 TOTAL 52,750 LF 11/28/95 TRA50314.XL5 M E M O R A N D U M :7 47 tiia Fax* and U.S. Mail TO: Ann J. Lungu, Assistant Planner City of Diamond Bar FROM: David R. Berry t i Tom/ DATE: 30 May 1997 SUBJECT: Site Survey VTTM 50314 On Monday, 26 May 1997, I visited the Project Site (VTTM 50314) and parts of the immediately adjacent tract, VTTM 48487. Approximately, three hours were spent on the field study. Due to dense vegeta- tional cover, the investigation was largely confined to those areas that had been graded or where vertical cuts had been made. The following comments are based on this field study. Comments on the geological sections of DEIR 97-1 are given later in this report. The site area is covered by a thin veneer, commonly less than one meter in thickness, of reddish -brown, somewhat sandy soil. Fragments of flaggy, somewhat diatomaceous siltstone, obviously derived from the underlying Puente Formation, are common in this covering soil. The Puente Formation exposed at the site consists largely of thinly bedded to laminated siltstones with some interbedded shale and lenticular sandstone units. Multiple sandstone beds, generally less than one meter in thickness, appear to be more common on the western margin of the project site. They most likely represent emplacement of sands by turbidity flows during deposition of the Puente Formation. Locally, the shale and siltstone units show a rather sudden change in magnitude of dip as they are draped around large (one meter+) lenses of tightly cemented, orange siltstone. Bedding surfaces of dark, silty shale commonly exhibited crushed tests of foraminifera, likely Globobulimina, which is common in fine clastic units within the Puente Formation. No other materials of paleontological interest were observed. No springs or other evidence of ground water intersection of the cut surface were observed. A localized dark grey unit of silty clay which felt moist to the touch was encountered on the eastern cut face of VTTM 50314 but this moist shale is not considered significant for the project. Units of altered volcanic ash or bentonitic clay were not observed in any of the cuts examined. Coatings of gypsum occur on some CITY OF DIAMOND BAR SIGNIFICANT ECOLOGICAL AREA TECHNICAL ADVISORY COMMITTEE (SEATAC) CONCERNING DRAFT ENVIRONMENTAL IViPACT REPORT NO. 974 FOR PROPOSED VESTING TENTATIVE TRACT MAP NO. 50314 COMMENTS AND RECOI<Ii\1ENDATIO\ FROM SEATAC CHAIRMAN CHUCK HEWITT I have thoroughly reviewed the EH2 draft No. 97-1, and found it to meet the standards set by SEATAC. The significant Environmental and Mitigation measures are in place and have addressed my concerns for the protection of the SEA adjacent to the project, and for the appropriate replacement, selection , and planting of plant species in and around the project location. Roy only concern is that all mitigation moniioring programs meet or exceed the standards set by SEATAC and the City of Diamond Bar. f appreciate the comprenhensiveness of this report, and thank the developers for being sensitive to the areas environmental preservation, Submitted : May 29, 1997 By: Chuck Hewitt, Chairman Diamond Bar SEATA RESPONSES �1'O COMMENTS � �, � ON THE ' Draft, Environmental-Imoact Report VESTING TENTATIVE TRACT MAP 503'14 (STATE CLEARINGHOUSE NO, 960711041) i 1 i ri City' of�iarnor5d B*xr�_, Community Development Department ? k� 21660 East Copley Drive, Suite 00 Diamond Bar, California917654177 i i - , July, 1997 Michael Brandman Associatesif — i ADDENDUM: RESPONSES TO COMMENTS ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR VESTING TENTATIVE TRACT MAP 50314 State Clearinghouse No. 96071104 Prepazed for: City of Diamond Baz (Lead Agency) Community Development Department 21660 East Copley Drive, Suite 190 Diamond Bar, California 91765 Contact: James DeStefano, Duector Prepared by: Michael Brandman Associates 17310 Red Hill Avenue, Suite 250 Irvine, California 92614 (714)250-5555 Contact: Michael E. Houlihan, AICP, Senior Project Manager July 1Q, 1997 Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR TABLE OF CONTENTS ection 1 INTRODUCTION........................................................ 2 2 LIST OF COMMENTORS.................................................4 3 RESPONSES TO COMMENTS ............................................ 5 WJB/09030022.RTC 1 Table of Contents Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR SECTION I INTRODUCTION PURPOSE The Draft Environmental Impact Report (EIR) for Vesting Tentative Tract Map (VTTM) 50314 was circulated for public review and comment beginning on April 15, 1997 and ending on May 30, 1997. As required by the California Environmental Quality Act (CEQA), this addendum responds to comments received on the Draft EIR. As required by Section 15132 of the State CEQA Guidelines, the final EIR must respond to comments regarding significant environmental points raised in the review and consultation process. This addendum provides responses to comments on significant environmental points describing the disposition of the issue, explaining the EIR analysis, supporting EIR conclusions, or providing new information or corrections, as appropriate. This addendum, however, need not, and should not, attempt to respond to comments about the merits of the project. This addendum is organized as follows: Section I. This section provides a discussion of the relationship of this document with the Draft EIR. It also discusses the structure of this document. Sec i n 2. This section lists the agencies/individuals that commented on the contents of the Draft EIR. Section 3. This section includes agency and public comments that were received on the Draft EIR and the Responses to Comments. This addendum (Responses to Comments Document) is part of the Final EIR, which includes the Draft EIR and the technical appendices. These documents, and other information contained in the environmental record, constitute the Final EIR for the proposed VTTM 50314, DESCRIPTION OF THE PROPOSED PROJECT The project site is Located in eastern Los Angeles County in the southern portion of the City of Diamond Bar, approximately 2 miles south of the State Route (SR) 57 and SR-60 interchange (see Exhibit 3-1). The project is located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane (see Exhibit 3-2). The southerly boundary of the site abuts Tonner Canyon and the approximately 5,000-acre Firestone Boy Scout Reservation. wrsiovo3oozz.RTc 2 Introduction Vesting Tentative Tract Map 50314 - Response to Comment on the Draft E1R The proposed VTTM 50314 project includes the development of 15 custom single-family residential lots on a site of approximately 44-acres (see Exhibit 3-3). The proposed project includes lot sizes that vary from 1.67 acres to 8.90 acres, with an average lot size of 2.92 acres (gross). Custom home sites are proposed with pad sizes ranging from 20,473 square feet to 32,234, square feet. The overall density of the project is 0.34 units per gross acre with 9 lots that are less than 2 acres and 6 lots that are 2 acres or greater. w�aio9osoozz.xTc 3 Introduction Nesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR SECTION 2 LIST OF COMMENTORS A list of public agencies and organizations that provided comments on the Draft EIR is presented below. Each comment letter has been assigned an alphabetical designation (A through J). Each comment within each letter has been assigned a numerical designation so that each comment could be cross-referenced with an individual response. Responses follow each comment letter. COMMENT LETTERS RECEIVED ON DRAFT EIR A. Antero A. Rivasplata, Chief, State Clearinghouse, State of California Governor's Office of Planning and Research B. Stephen J. Buswell, California Department of Transportation C. William D. Dall, California Department of Parks and Recreation D. Viviane Doche, Southern California Association of Governments E. David R. Leminger, County of Los Angeles Fire Department F. Mane L. Papenkopp, County Sanitation Districts of Los Angeles G. Bryan Lewis, Walnut Valley Water District 11. Ann Lungu, City of Diamond Bar I. Santo Plescia, Southern California Gas Company J. Robin Ives, Angeles Chapter, Sierra Club W7B/09030022.RTC 4 Gist of Commentors Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR SECTION 3 RESPONSES TO COMMENTS Following are the responses to the written comments that were received during the public review period on the Draft EIR. WJB/09030022.RTC 5 Responses to Comments DUN-10-199't 1S:0b FRUN 916 323 3016 917142505556 P.02 June 10, 1997 SAMES DESTEFANO CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPT. 21660 E. COPLEY DRIVE, STE.190 DIAMOND BAR, CA 91765-4177 Subject: VESTING TENTATIVE TRACT MAP 50314 SCH # Dear DAMES DESTEFANO: 96071104 The State Clearinghouse submitted the above named environmental document to selected state agencies for review. The review period is closed and none of the state agencies have comments. This letter acknowledges that you have complied with the State Clearinghouse review requirements for draft environmental documents, pursuant to the California Environmental Quality Act. Please call at (916) 445-0613 If you have any questions regarding the environmental review process. When contacting the Clearinghouse in this matter, please use the eight -digit State Clearinghouse number so that we may respond promptly. Sincerely, "/av;mt ANTERO A. RIVASPLATA Chief, State Clearinghouse Q Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR A. Antero A. Rivasplata, Office of Planning and Research, State Clearinghouse A 1. This comment is an acknowledgment of the Draft EIR public review period and is not a comment on the contents of the Draft EIR. WJB/09030022.RTC 6 Responses to Comments ��A� STATE OF CALIFORNIA—BUSINESS AND TRANSPORTATION AGENCY PETE WILSON, Go.e.nor DEPARTMENT OF TRANSPORTATION -. - , DISTRICT 7, 120 SO, SPRING ST. LOS ANGELES, CA 90012-3606 - - — - is 97 HAY 16 P 3 :Z0 ro: Chris Belsky Date: May 12, 1997 State Clearinghouse 1400 Tenth Street File No.: IGR/CEQA #970426 Sacramento, CA 95814 DEIR Vesting Tentative Tract Map 50314 City of Diamond Bar Vic. LA-0574.52/LA-060-23.56 Feo>n: Stephen J. Buswell DEPARTMENT OF TRANSPORTATION s�Bleee: Project Review Comments: SCH NO. 96071104 We have received and reviewed the DEIR for the vesting of tentative tract map no. 50314 in the City of Diamond Bar. The project includes the development of 15 custom single-family residential lots on a site of approximately 44 acres. Our review indicates a "no comment" at this time. However, we may contact you again should we identify any matter that should be brought to your attention. If you have any questions regarding this response, please contact Nora Piring at (213) 897-0486 or the undersigned at (213) 897-4429. Please refer to our IGR/CEQA number on all inquiries/documents pertaining this project. Thank you. STEPHEN J. BUSWELL IGR/CEQA Program Manager Transportation Planning Office cc: James DeStefano Community Development Director City of Diamond Bar Community Development Department 21660 East Copley Drive, Suite 190 Diamond Bar, CA 91765 Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR B. Stephen J. Buswell, California Department of Transportation B 1. This comment is an acknowledgment of the Draft EIR public review period and is not a comment on the contents of the Draft EIR W7B/09030022.RTC 7 Responses to (,'omments Jun-.09-97 11:03 City of Diamond Bar P.O3 Los Lagos District g7 J1 Id . 17801 Lake Perris Drive Perris, CA 92571 (909) 657-0676 June 2, 1997 Mr. James DeStefano City of Diamond Bar 21660 Copley Drive. Diamond Bar, CA 91765 Re: Draft Environmental Impact Report SCH#9607114 Dear Mr. DeStefano: The California Department of parks and Recreation (CDPR), Los Lagos District office has reviewed the above referenced document; thank you for the opportunity to comment. A. In addition, a detining tenant of our biodivers,ty. As the office responsible The CDPR is a trustee agency as defined in CE mission is to help to preserve the sand c extraordinary For the stewardship of the natural and cultural resources of Chino Hills State park, we have an about land use decisions in the geographic area as they relate to our interest and concern responsibilities under CEQA and our mission. We view the maintenance and preservation of a functional system of interconnected [to the preservation wild►and areas throughout the greater Puente -Chino Hills as vitally imp of biodiverstiy at C1IS W� hat 1t futthat hure hetic alth andintegrityaries of t s inextricably linked to 1'to f well beyond the state Park' the entire system. of In recognition of ce e d in he Wildlife look aCorridor Conservation jurisdictional AuTics thot iy (WCCA)�as is CHSP, we are active pWCCA's mission of providing for a viable wildlife corridor from the your City, and we support Santa Ana Mountains to the Whittier Hills. We realize that the maintenance of functional ecosystems in the area can only be t such a through local land use plaru'ing• In light of this, we have several achieve) through the design and establishment of a sound reserve system, sj we have heading* lm will be established, in part, co eCt They are discussed below by concerns about the meetsbove beri referenced p j ' We ask that our comments be included in the administrative record for the 1)E1R. Jun-09-97 11:03 City of Diamond Bar P.04 Mr. James DeStefano Page Two June 2, 1997 4.4 AESTIIETICS We do not agree that there will be no aesthetic impact from the Boy Scout dramatic a stthe c impactther current n the area, elopments within the We believe the aesthetictimp t s significant, d have a dramatic a 4.4 BIQLOGICAL RESOiJRCES Vef the getation and Plora We are concerned o cerrnd 1 hishthe ant communityretention of any 0 deserves the status of athcniern Cvetfornia black walnut community, given the relatively low number of acres in protected status, and the permanent loss te of much of its historic habitat that has al walnut woodland on the downslope (TQnner Canyon)ready occurred, In our opinion sideof the Project preservation Of is portion of the existing the appropriate mitigation. The retention of a buffer of native vegetation adjacent to oneer Canyon i5 crucialbelow)iand�he designationht of its ofof the area as a Siortance as a gnificant Ecologiife co cificant al Area. (see comments We do not believe an adequate cumulative impact analysisu d view thetpr ject oed for ver a time[ concerning the loss of native walnut woodlands. The analys in conjunction with related past, present, and reasonably foreseeable projects whose impacts might compound or interrelate with those of the proposed project n of all or a ortion of the We are also a ainceived with the loss of hislack aoricthabitat the value pof the habitat totsensitivve woodland. Once g as species including nesting Cooper's hawks, the S.E.A., and the significance of Tonner Canyon a biological corridor and habitat area. The proposed on -site mitigation alternative appears to place replacement trees and shrubs Uld be within proposed lots. We believe ns of theexistingnative te mitigation vcgetatinr Pl cementtof nativthat e vegetation ration include retention of the Po rotected, within the boundaries Of lots cannot hope to provide the same habitat value as a p existing undisturbed area. CI C2 C3 C�4 C5 Sensitive Biological Resources while conducting an initial resource inventory of ICG The document states that hof this year site records for Catalina mariposa lily (Calochurtus catalinae). In April Jun-09-97 11:03 City of Diamond Bar Mr. James DeStefano page Three June 211997 our new as atesecolog ststdt detected Cat ana mariposa lilies growing n similar habitat, I onner Canyon, Since eothe "reco has been 1 st d by the federal government as rare and endangered-etWhile ch rwe galus bran ) eo ra bical area. agree that most site records have been on limestone based soils, the plant has been detected growing on other substrates, and there are site records within the g g P A number of other sensitive a, pervcy were work twas co duct d.ly to occur within the project boundaries, yet only 8 hours of to s a potential sensitive species, we believe In light of the new information on sensitive plants, the significance of the area e additiowildlife nal surveys o hould be conducted prr rior to appPidor/core areaand the numberroval of one of the project alternatives. CI Go Wildlife I Cg As implied above under sensitive species and as it relates to impacts on the wildlife corridor, we believe the impacts on wildlife will be significant. We ask that further evaluation be completed. Wildlife Movement Corridors Tonner Canyon and its watershed, including the area of the proposed Project is part of a t w' r r, The significance of this area is n cogni7.ed by the larger local governments, and government agencies. The analysis of the county of Los Angeles, many project area for significance as a corridor needs to be viewed in o larger settle than its on. The proposed project, particularly in light of other developments, accommodation of`n�oCy nth wildlife movements. The corridor, in reality, includes the entire watershed of ToM impact a the regional biological corridor. Not only would it reduce the would have a significant imp'ent total area of the corridor (eliminating habitat and move'ntial forSwildtire,la ats and dogintroduce s edge effects including light, noise, exotic plants, a higher p that this impact be reevaluated as a significant (predators and competitors), and increased human use of the areat its effective widthPouf er would be substantially affected- We request effect. Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR C. William D. Dail, California Department of Parks and Recreation C I. This comment is noted. No significant aesthetic impact as a result of project development would occur because the project would not obstruct an existing public scenic view from a designated scenic highway or substantially alter the existing character of the area. Furthermore, the analysis states that the project would be consistent with the City's Hillside Management Ordinance. The proposed project and other projects that are currently under construction in the project vicinity would contribute to a cumulative alteration of the visual and aesthetic character of the project vicinity. This alteration would not be significant because each of the projects would conform to the City's Hillside Management Ordinance, which would reduce potential visual and aesthetic impacts. Furthermore, each project includes a landscape plan that would reduce visual and aesthetic impacts. C2. The City concurs that the California walnut woodland habitat is considered sensitive. Approximately 30 percent of the woodland habitat will be retained onsite. The remaining 70 percent of the habitat must be removed due to the need to stabilize existing landslide areas to accommodate the proposed lots. With the proposed project, two areas adjacent to the southern boundary of the site (adjacent to Tonner Canyon) would include the woodland habitat. The City agrees that native vegetation should be retained in the southern portion of the site. To reduce potential habitat impacts, the manufactured slopes in the southern portion of the site will be included in the native revegetation program discussed in Section 4.4.4. After implementation of the recommended mitigation measures in Section 4.4.4 of the Draft EIR, potential impacts to existing habitat would be reduced to a less than significant level. C3. Four cumulative projects in the vicinity of VTTM 50314 were evaluated for cumulative biological impacts. These four projects include Tracts 47850, 48487, 47851, and 51169. Mitigation measures have been incorporated into each of these related projects to reduce potential impacts to biological resources to a level that is considered less than significant. The cumulative impact analysis on page 444 of the Draft EIR is considered adequate. C4. The project site is characterized as California walnut woodland and graded/disturbed habitat. The California walnut woodland habitat includes some oak trees and riparian areas. We concur that the loss of oak trees within the walnut woodland habitat is considered a significant loss of a biological resource. Mitigation measures in Section 4AA of the Draft EIR were designed to reduce these potential impacts to a less than significant level. C5. The City agrees that the project should include onsite mitigation, as well as retention of portions of the existing habitat. The project includes the retention of approximately 30 percent of the existing walnut woodland habitat and includes a native revegetation program. The intent of the revegetation program is to simulate the existing native vegetation. As discussed in Response to Comment C2, the remaining 70 percent of the walnut woodland habitat must be removed due to the need to stabilize existing landslide areas for the proposed residential lots. wrsio9oaoozz.xrc 8 Responses to Comments Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR C6. This comment is noted The last sentence in the third paragraph on page 4-34 of the Draft EIR is revised to read as follows: Delete: "The CNDDB lists no historical occurrences for this species in the project vicinity and this species..." Add: "The CNDDB list no historical occurrences for this species in the immediate project vicinity (within one mile). The nearest siting of the species was detected by the state ecologists in April 1997. This siting was immediately south of Tonner Canyon and north of Carbon Canyon Road. This species..." This new information does not substantially alter the conclusions of the biological resources report because this plant species was not observed onsite during the reconnaissance level surveys. C7. Page 4-33 of the Draft EIR states that the Braunton's milk -vetch is afederally-listed endangered species. This was updated subsequent to the surveys. According to the California Department of Parks and Recreation, most site records of this plant species have been on limestone based soils. The project site does not include limestone based soils. However, the Department has stated that the plant species has been detected growing in other substrates and there are site records within the geographical area. Based on a review the California Department of Fish and Game's California Natural Diversity Database (CNDDB) on June 26, 1997, no sitings of the Braunton's milk -vetch have been recorded within the vicinity of the project site and none occur in the Yorba Linda Quandrangle. No impacts to this species is expected because this species was not observed onsite during field surveys. C8. Two biologist spent 9 hours each during the surveys for a total of 18 hours which is adequate to survey 53 acres (43.8 acres onsite and 9.2 acres offsite). There are three sensitive plant species that have the potential to occur in the project area or have ranges which include the project site. Each of these species were discussed in the Draft EIR. These plant species were not present on the site during the surveys. C9. Impacts on sensitive wildlife and the existing wildlife movement corridor in Tonner Canyon are discussed on pages 4-34 and 4-44 of the Draft EIR respectively. These discussions conclude that the proposed project would not significantly affect sensitive wildlife or the wildlife movement corridor. No additional evaluation is considered necessary. C 10. It is true that Tonner Canyon is classified as a regionally significant wildlife corridor, and, therefore, was designated as a Significant Ecological Area (SEA). Wildlife utilize the SEA as a movement corridor. Biologists recognize two types of corridors: primary and secondary as discussed on pages 4-39 and 4-40 of the Draft EIR. The primary movement corridor is in Tonner Canyon while secondary corridors interconnect primary corridors through tributary canyons and ridges. Based on the reconnaissance surveys in the project area, it appears that mule deer use the project area as a bedding area rather than a movement corridor. WJB/09030022.RTC 9 Responses to Comments Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR D. Vivian Doche, Southern California Association of Governments I. This comment is an aclwowledgment of receipt of the Draft EIR and there are no comments at this time. wasio9osoozz.xTc 11 Responses to Comments lit$A- COUNTY OF LOS ANGELES FIRE DEPARTMENT - 1320 NORTH EASTERN AVENUE LO8 ANGELES, CALIFORNIA 90063-3294 " *97 iar 19 :?a (213) 881-2481 P. MICHAEL FREEMAN FIRE CHIEF FORESTER & FIRE WARDEN May 13, 1997 Mr. James DeStefano Community Development Department City of Diamond Bar 21660 Copley Drive, Suite 190 Diamond Bar, CA 91765 Dear Mr. DeStefano: SUBJECT: DRAFT ENVHtONMENTAL IMPACT REPORT FOR VTT 1{50314 IN THE CITY OF DIAMOND BAR, SCH #96071104 (EIR N435, 1997) We have reviewed the Draft Environmental Impact Report for the Vesting Tentative Tract development located southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane in the City of Diamond Bar. The statutory responsibilities of the County of Los Angeles Fire Department include erosion control, watershed management, rare and endangered species, vegetation, fuel modification for high fire severity areas, archeological and cultural resources and the County Oak Tree Ordinance. As required by Section 1117.2.1 of the County Fire Code a fuel modification plan, a landscape plan and an gation plan approved by a registered landscape architect shall be submitted with any subdivision of land or prior to any new construction, remodeling, modification or reconstruction where such activities increase the square footage of the existing structures by at least 50 percent within a 12-month period and where said structure or subdivision is located within an area designated as a Very High Fire Hazard Severity Zone or within Fire Zone 4. Said plans shall be reviewed and approved by the Forestry Division of the County of Los Angeles Fire Department for reasonable fire safety. Specific questions regarding fuel modification requirements should be directed to the Brush Clearance Office at (909) 622-8342. SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: AGOURA HILLS CALABASAS GLENDOflA LAKEWOOD NORWALK ROLLING HILLS ESTATES ARTESIA CARBON HAWAIIAN GARDENS LA MIRADA PALMDALE ROSEMEAD AZUSA CERRITOS HAWTHORNE LANCASTER PALOS VERDES ESTATES SAN DIMAS BALDWIN PARK CLAREMONT HIDDEN HILLS LA PUENTE PARAMOUNT SANTA CLARITA BELL COMMERCE HUNTINGTON PARK LAWNDALE PICO RIVERA SIGNAL HILL BELLFLOWER CUDAHY INDUSTRY LOMITA POMONA SOUTH EL MONTE BELL GARDENS DIAMOND BAR IRWINDALE MAL18U RANCHO PALOS VERDES SOUTH GATE BRADBURY DUARTE LA CANADA FLINTRIDGE MAYWOOD ROLLING HILLS TEMPLE CITY EI WALNUT WEST HOLLYWOOD WESTLAKE VILLAGE WHITTIER Mr: James DeStefano May 13, 1997 Page 2 The proposed project site is located within SEA (Significant Ecological Area) No. 15 Tonner Canyon. Adherence to the special criteria required for development in these areas is necessary El to prevent loss or severe damage to life, property and the natural environment. Creative environmental design to protect and preserve this sensitive area is recommended. If you have any additional questions, please contact this office at (213) 881-2481. Very truly yours, DAVID R. LEININGER, ASSISTANT CHIEF, FORESTRY FORESTRY DIVISION, PREVENTION BUREAU DRL: jmb Vesting Tentative Tract Map 50314 - Response to Comment on the Draft E1R E. David R Leininger, County of Los Angeles Fire Department El. This comment is noted. The project applicant will be required to be in compliance with all applicable County fire codes. WJB/09030022.RTC 12 Responses to Comments h �� WASTEWAEER RECIAMAt10N SOLID WA9TE MANAGEMENT COUNTY SANITATION DISTRICTS 1955 Workman Mill Road, Whittier, CA 90601-1400 Mailing Address: P.O. Box 4998, Whittier, CA 90607-4998 '. Telephone: (310) 699-7411, FAX: (310) 695-6139 OF LOS ANGELES COUNTY CHARLES W. CARRY Chief Engineer and General Manager May 14, 1997 File No: 21-00.04-00 Mr. James DeStefano -- � , }_. Community Development Director --t "'_ Community Development Department City of Diamond Bar � - 21660 E. Copely Drive, Suite 190 � _ ; _ _ Diamond Bar, CA 91765 � -o - _- Dear Mr. DeStefano: � ` _- 0 Vestine Tentative Tract Map No. 50314 The County Sanitation Districts of Los Angeles County (Districts) received a Draft Environmental Impact Report for the subject project on April 16, 1997. We offer the following comment regarding sewerage service: • Previous comments submitted by the Districts in correspondence dated August 5, 1996, to your agency, still apply to subject project. If you have any questions, please contact the undersigned at (562) 699-7411, extension 2717. Very truly yours, Charles W. Car ��, � ���� Ma � L. agenk Engineering Technician Planning &Property Management Section MLP:bjw FI L:\W ILLSERV\W P6MLET1'ERS\VTT50314.LTR Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR F. Marie L. Pagenkopp, County Sanitation Districts of Los Angeles County F I. This comment is noted. The previous comments from the Districts included information regarding sewer service in the project area, current existing capacity, and remaining capacity of District facilities. The following is added to the end of Section 1.3 on page I-3 of the Draft EIR. Add: "• Sewer Service. A portion of the project site is located outside of the jurisdictional boundaries of the Districts and annexation will be required into District No. 21 before sewer service can be provided. The proposed project is expected to generate approximately 3,900 gallons of wastewater per day. This wastewater would be discharged into the Districts' 18-inch diameter Diamond Bar Truck Sewer, located in Brea Canyon Road at Via Sorella. The truck sewer appears to have adequate capacity for the proposed project. The existing San Jose Creek Water Reclamation Plant that would treat wastewater generated on the project site currently has adequate capacity to accommodate the proposed project. A standard sewer connection fee will be required by the Districts." WJB/09030022.RTC 13 Responses to Comments BOARD OF DIRECTORS ' Donald L Nettles President Election Division IV Richard C. Engdahl '. Vice President Election Division It Keith K. Gunn Vice President Election Division V Edward N. Layton Assistant Treasurer Election Division III William G. Wentworth Director Election Division I STAFF: Karen J. Powers General Manager Secretary Bernadette Galindo Treasurer WALNUT VALLEY WATER DISTRICT 271 South Brea Canyon Road • P.O. Box 508 Walnut California 91789-3002 • (909) 595-1268 (818) 964-6551 FAX (909) 594-9532 y Ma22, 1997 Mr. James DeStefano Director of Community Development City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765-4177 RE: Draft Environmental Impact Report for Tract 50314, Work Order 97-2358 LEGAL COUNSEL: H. Jess Senecal Dear Jim: Our office has reviewed the Draft EIR for the above captioned tract. The tract is within the service area of the District and included in our Master Water Plan. The tract will be served by our 1200 pressure zone system with appropriate domestic and fire flow capabilities. Fire hydrant requirements are established by the County Fire Department. The construction of this tract will require the installation of an 8h 1200 zone looped water main connecting to Tract 47851 by way of the development of Tract 48487. Easements for this looped main and the private street will be acquired through the development of Tract 48487 and Tract 50314. Our water system does not, as yet, have sufficient facilities to service this tract with recycled water. However, we encourage the installation of separate irrigation systems to common areas and green belts in anticipation of future supplies and facilities. If you have any questions, please give me a call. Very truly yours, WALNUT VALLEY WATER DISTRICT BRYAN LEWIS Director of Planning and Projects GI BL: aan Vesting Tentative Tract Map 50314 - Response to Comment on the Draft E1R G. Bryan Lewis, Walnut Valley Water District G1. This comment is noted. As shown on the current vesting tentative tract map, the proposed project includes an 84nch water main that loops from the existing 8-inch water line on Tract 47851 to the existing 8-inch water line in Windmill Road near Wagon Train Lane. The comment regarding sepazate recycled water imgation systems for common azeas and green belts is noted. The City understands that no recycle water system facilities serve the project site, but the Walnut Valley Water District encourages the placement of separate systems for anticipation of future supplies. WJB/09030022.RTC 14 Responses to Comments M13a Robert S. Huff Mayor Carol Herrera Mayor Pro Tem Eileen R. Ansari Council Member =lair W. Harmony Council Member Gary H. Werner Council Member City of Diamond Bar 21660 E. Copley Drive, Suite 700 • Diamond Bar, CA 91765.4177 (909) 860-2489 •Fax: (909) 861-3117 • Ciry Online (885): (909) 86145463 Internet http://www.ci.diamond-bacca.us May 19, 1997 Mr. Michael E. Houlihan, AICP Michael Brandman Associates 17310 Red Hill Avenue, Suite #250 Irvine, CA 92614 Re: Comments on Draft Environmental Impact Report (DEIR) Vesting Tentative Tract Map No. 50314 (VTTM 50314) Dear Mr. Houlihan: The proposed project and the two alternatives currently within the DEIR require Windmill Road and the approved Tract 48487 lots, located adjacent to Windmill Road, to be lowered in elevation. As we have discussed previously, the City is requiring an analysis of an additional alternative. This alternative will not require alterations to the existing approved Tract 48487 and Windmill Road. The question proposed for the additional alternative is: Can development occur on the VTTM 50314 site without altering the existing approved grades for Tract 48487 and Windmill Road? Thank you for your assistance in advance. If you have any questions, contact me at (909) 396-5676. Sincerely, (/ v„' / A J.� u Assist nt P a er cc: James DeStefano, Community Development Director Recycled paper Vesting Tentative Tract Map 50314 - Response to Comment on the Draft E1R H. Ann Lungu, City of Diamond Bar Community Development Department H1. The following is a description and an impact discussion of an additional development alternative. This discussion is added to Section 6 on page 64 of the Draft EIR. Add: "6.5 ALTERNATIVE DESIGN 3 6.5.1 DESCRIPTION The objective of this altemative is to limit project grading activities to the project site (approximately 20 acres) and balance the cut and fill materials onsite. As a result, the project would result in substantially less grading compared to the proposed project and retain the steep slopes (see Exhibits &5 and &6). This altemative would include 11 lots for residential structures. Some of the lots would require the residential structures to be cantilevered while other lots would be less than 10,000 square feet which is not consistent with the surrounding lots. The significant sloping conditions caused from the decrease in grading on the project site and elimination of fill in the western canyon would require an increased amount of remedial grading under this alternative (e.g., larger shear keys, large buttress fills, retaining walls, etc.), in particular along the western facing slope, in addition to greater foundation setbacks compared to the proposed project. While these remedial grading measures would ensure that grading and final slope design under this alternative would meet the City's requirements regarding slope safety factors, the steeper slopes proposed under this alternative would severely restrict the use of contour or landform grading techniques that would conform to the natural topography of the project site. 6.5.2 IMPACT EVALUATION Earth Resources Development of this altemative would result in substantially less grading compared to the proposed project. The decrease in grading under this altemative would result in construction of the site under significant sloping conditions which would restrict the use of onsite contour or landform grading techniques that conform to the natural topography of the site. This alternative's restriction of the use of such grading techniques would result in an inconsistency with the City's Hillside Management Ordinance. Moreover, the steeper slopes on which these building pads would be constructed would require some of the residential structures to be cantilevered and would result in a greater potential for landslides to occur on the project site and the need for much larger shear keys, buttressing, retaining walls, and foundation setbacks to reduce the instability typically associated with steeper sloping topography. Similar to the proposed project, this alternative would result in significant impacts to earth resources; however, mitigation measures are available to reduce these potential impacts to a level that is considered less than significant. Overall, this alternative is expected to result in greater earth resources impacts than the proposed project. wraio9osoozz.xTc 15 Responses to Comments Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR ETIy PAIA7=1= This alternative would result in substantially less grading compared to the proposed project. Since the amount of grading under this alternative would be less than the proposed project, short-term impacts on surface water quality is expected to be less compared to the proposed project. However, due to the steeper slopes in which the building pads would be constructed, this alternative could result in greater long-term water quality impacts related to erosion and sediment transport. In terms of surface water runoff, the storm drain system designed for the proposed project and this alternative would be constructed to adequately convey storm flows; therefore, both development scenarios would result in similar impacts. Similar to the proposed project, this alternative would result in significant hydrology and water quality impacts; however, mitigation measures are available to reduce these potential impacts to a level that is considered less than significant. Overall, this alternative is expected to result in greater hydrology and water quality impacts compared to the proposed project. Aesthetics/Visual Resources Similar to the proposed project, this alternative would alter the existing visual characteristics of the site; thereby, altering the existing viewshed of the project area. Even though this alternative would result in a substantial decrease in the amount of grading on the site, visual impacts would be greater than the proposed project. More specifically, since development of the site would occur on steeper slopes, thereby eliminating the use of contour and landform grading techniques, impacts on aesthetics/visual resources would be greater under this alternative compared to the proposed project. Unlike the proposed project, these impacts would be considered significant and unavoidable due to the project's inconsistency with the City's Hillside Management Ordinance. This alternative is expected to have similar lighting impacts as the proposed project. Overall, this alternative would result in greater aesthetics impacts compared to the proposed project. Biological Resources Since this alternative would result in substantially lesser gading; thereby, disturbing less natural open space on the project site, lesser impacts on sensitive habitat and wildlife species would occur compared to the proposed project. Similar to the proposed project, this alternative would result in significant impacts to biological resources; however, mitigation measures are available to reduce these potential impacts to a level that is considered less than significant. Cultural Resources Since this alternative would result m substantially lesser grading on the site compared to the proposed project, lesser impacts on potentially significant archaeological and paleontological resources associated with the potential damage W7Bl09030022.RTC 16 Responses to Comments Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR of these resources during construction activities are expected to occur. Mitigation measures are available to reduce these potential impacts to a level that is considered less than significant. Air Quality Due to the substantial decrease in the amount of grading to occur onsite under this alternative, implementation of this alternative would result in less short-term construction emissions resulting from grading activities compared to the proposed project. Furthermore, due to less grading activities, less construction equipment would be required on the project site. It is estimated that this alternative would require approximately one-third of the amount of construction equipment than was estimated for the proposed project. This alternative would still result in significant and unavoidable impacts on air quality due to PM10 emissions exceeding SCAQMD thresholds; however, no significant impacts on air quality due to NOx emissions would occur because these emissions are expected to be below SCAQMD emissions. Mitigation measures are available to reduce PM10 emissions to the maximum extent feasible; however, similar to the proposed project, impacts associated with PM10 emissions would remain significant and unavoidable under this alternative. Overall, this alternative would result in less impacts to air quality than the proposed project. 6.5.3 Overall, implementation of this alternative would result in less environmental impacts than the proposed project related to biological resources, cultural resources, and air quality. This alternative would result in greater impacts to earth resources, hydrology and water quality, and aesthetics/visual resources. Based on greater potential earth resources and aesthetic/visual impacts, this alternative would not be considered environmentally superior to the proposed project. Similarly, this alternative would not avoid the significant unavoidable PM 10 air emissions impact of the proposed project. Moreover, this alternative would not meet all of the objectives for the project, specifically, compliance with the City's Hillside Management Ordinance. The following is added after the third bullet on page 2-2 of the Draft EIR. Add: "Alternative Design 3" The following is added after the first paragraph on page 2-3 of the Draft EIR. Add: "ALTERNATIVE DESIGN 3 The objective of this alternative is to limit project grading activities to the project site (approximately 20 acres) and balance the cut and fill materials onsite. As a result, the project would result in substantially less grading compared to the proposed project and retain the steep slopes (see Exhibits 6-5 and 6-6). This WJB/09030022.RTC 17 Responses to Comments Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR J. Robin Ives, Angeles Chapter, Sierra Club J-1 The City concurs that walnut woodland habitat, including the oak and walnut trees and the understory, is sensitive. Due to the loss of approximately 70 percent of the walnut woodland habitat on the project site, an extensive native tree and habitat revegetation program is included as mitigation for the loss of the biological resources. The intent of the revegetation program is to simulate the existing native vegetation. Based on the preliminary revegetation plan, the project site is not expected to be able to accommodate all required tree and habitat replacement. As a result, offsite mitigation is expected to be required. As stated in mitigation measure 2 on page 445 of the Draft EIR, if the replacement oaks and walnuts (including understory habitat) cannot be placed on the project site, the replacement shall be performed offsite at locations agreed upon by CDFG and the City of Diamond Bar. The need to select an offsite location would be deternilned after the revegetation plan is submitted to the City and, if an offsite location is needed, a site would need to be selected prior to issuance of a grading permit. Recently and approved developments in the immediate vicinity of the project site (i.e., Tracts 47850, 48487, 47851) have been evaluated by the City individually and cumulatively. Mitigation measures have been included as part of these projects to reduce impacts on biological resources. WIB/09030022.RTC 20 Responses to Comments Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR alternative would include 11 lots for residential structures. Some of the lots would require the residential structures to be cantilevered while other lots would be less `- than 10,000 square feet which is not consistent with the surrounding lots. The significant sloping conditions caused from the decrease in grading on the project site and elimination of fill in the western canyon would require an increased amount of remedial grading under this alternative (e.g., larger shear keys, large buttress fills, retaining walls, etc.), in particular along the western facing slope, in addition to greater foundation setbacks compared to the proposed project. While these remedial grading measures would ensure that grading and final slope design under this alternative would meet the City's requirements regarding slope safety factors, the steeper slopes proposed under this alternative would severely restrict the use of contour or landform grading techniques that would conform to the natural topography of the project site. The following is added after the third bullet on page 6-1 of the Draft EIR Add: "• Alternative Design 3" WJB/09030022.RTC 18 Responses to Comments The Gas Company® May Y 1993Y 27 .^ S :�7 U James DeStefano City of Diamond Bar 21660 E. Copley Drive Suite 190 Diamond Bar, Ca, 91765-4177 Deaz Mr. DeStefano: The following is in response to your, 4/19971etter requesting information relative to an Environmental Impact Report on the proposed development of the Tentative Tract Map 50314. Within the areas of interest and responsibilities of the Southern California Gas Company, we find the proposed development reasonable and acceptable. This letter is not to be interpreted as a contractual commitment to serve the subject development, but only as an information service. Its intent is to notify you that the proposed project can be served from existing mains in the area. This can be done without any major impact on overall system capacity, service to existing customers, or the environment. Average consumption is estimated at 1095 therms per year per single family dwelling unit. This estimate is based on past system averages and does nut encompass the possible effect of the State's new insulating requirements and consumers' loads vary with types of equipment used. The availability of natural gas service as set forth in this letter is based upon present conditions of gas supply and regulatory policies. As a public utility, Southern California Gas Company is under the jurisdiction of the California Public Utilities Commission. We can also be affected by actions of federal regulatory agencies. Should these agencies take any action that effects gas supply or the condition under which service is available, gas service will be provided in accordance with the revised condition. We have developed several programs which are available, upon request, to provide assistance in selecting the most effective applications of energy conservation techniques for a particular project. if you desire further information on any of our energy conservation programs, please call (213) 881-8208. Sincerely, ,�gMa� Santo Plescia Planning Aide Southern California Gas Lompany l(,(Irl Cnir,nurr l:rnr: .Vourrry c Palk; C:1 rrr art ern-izry Vesting Tentative Tract Map 50314 - Response to Comment on the Draft EIR I. Santo Plescia, Southern California Company I-1 This comment regarding the availability of natural gas w Lou project area is noted. wrsiovo3oozz.aTc 19 Responses to Comments i:i .1- a AT j: 54 Pii 1 ES .G1,ipi('III T vir HF H� H FA.:; 11D U' t' 7 --- r i ANGELES CHAPTER • SIERRA CLUB 3345 WILSHIRE BOuLEVARD 1 SuiTE 508 - Los ANGELES . CALIFORNIA 90010 • (213) 387.4287 • FAX (213) 387-5383 May 30, 1997 Mr. James De Stefano Community Development Director Community Development Department City of Diamond Bar 21660 East Copley Drive, Suite 190 Diamond Bar CA 91765 0 ti Re: DEIR for Vesting Tentative Tract Map 50314 = Dear Mr. De Stefano: o Please make these comments part of the Administrative Record for VTTM 50314 (project). o, Southern California walnut woodland and coastal sage scrub are both sensitive plant communities, with the walnut woodlands recognized as extremely rare by the California Natural Diversity Database. These plant communities' biological value in the project area is enhanced by the fact that they are directly attached to a large open space area in the Chino -Puente hills. The biological importance of the project area is recognized in the designation "Significant Ecological Area." However, VTTM 50314 shows grading over nearly all of the 44 acres, as if the land were nothirtg special. Especially destructive are proposed fuel modification zones. To make up for total destruction of habitat, the DEIR proposes planting walnut trees, oak trees and other plants on the cut slopes. This in gaticn is insufficient for three reasons: a woodland or forest is more than a group of plants. Its system is melded with the soil, and includes microscopic organisms as well as rare creatures such as spadefoot toads and legless lizards. In addition, the project area is a part of a large wild tract, and so is more important ecologically than the approximate 44 acres discussed in the bEIR. Mitigation for the cumulative impact of small projects such as VTTM 50314 in and near the SEA is totally lacking as well. Offsite mitigation should consist of acre -for -acre purchase of walnut woodlands and coastal sage scrub in or adjacent to SEA 15, to be given to a public agency or private conservation founda- tion for the preservation of native habitat. Yours truly, k�� Robin Ives, Conservation Chaiz, Mt Baldy Group, Angeles Chapter 112 Harvard #297 Claremont CA 917114716 JI