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."
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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
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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
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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
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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